Chapter 1 General Provisions
Article 1 is to protect the geological environment of mines, reduce the damage to the geological environment of mines caused by mineral resource exploration and mining activities, protect the safety of people's lives and property, and promote mineral resources. These regulations are formulated in accordance with the "Mineral Resources Law of the People's Republic of China", "Geological Disaster Prevention and Control Regulations" and "Land Reclamation Regulations" for the rational development and utilization of the land and the coordinated development of the economy, society and resources and the environment.
Article 2: These regulations shall apply to the prevention, treatment and restoration of ground subsidence, ground fissures, collapses, landslides, aquifer damage, topography and landscape damage in mining areas caused by mineral resource exploration and mining and other activities.
If the exploitation of mineral resources involves land reclamation, it shall be implemented in accordance with national laws and regulations on land reclamation.
Article 3: The protection of the geological environment of mines adheres to the principle of putting prevention first and combining prevention and control, and whoever develops it protects it, whoever destroys it manages it, and whoever invests benefits.
Article 4: The Ministry of Natural Resources is responsible for the protection of the geological environment of mines nationwide.
Local natural resources authorities at or above the county level are responsible for the mine geological environment protection in their respective administrative regions.
Article 5: The state encourages scientific and technological research on mining geological environmental protection, popularizes relevant scientific and technological knowledge, promotes advanced technologies and methods, formulates relevant technical standards, and improves the scientific and technological level of mining geological environmental protection.
Article 6: The state encourages enterprises, social groups or individuals to invest in the management and restoration of the geological environment of closed or abandoned mines.
Article 7: Any unit or individual has the right to report and accuse illegal activities that damage the geological environment of mines.
Chapter 2 Planning
Article 8 The Ministry of Natural Resources is responsible for the investigation and evaluation of the geological environment of mines nationwide.
The natural resources authorities of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the investigation and evaluation of mining geological environments within their respective administrative regions.
City and county natural resources authorities shall carry out mine geological environment investigation and evaluation work in their respective administrative regions based on the actual conditions of the region.
Article 9: The Ministry of Natural Resources shall prepare a national mine geological environment protection plan based on the results of the national mine geological environment survey and evaluation.
The natural resources authorities of provinces, autonomous regions, and municipalities directly under the Central Government shall, based on the national mine geological environment protection plan and the mine geological environment survey and evaluation results in their respective administrative regions, prepare the mine geological environment protection plan for the province, autonomous region, and municipality directly under the Central Government and submit it to Approved and implemented by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
The preparation and approval of mine geological environment protection plans at the municipal and county levels shall be stipulated by the natural resources authorities of provinces, autonomous regions and municipalities directly under the Central Government.
Article 10 The mining geological environment protection plan shall include the following contents:
(1) Current status and development trend of the mining geological environment;
(2) Mine geology The guiding ideology, principles and goals of environmental protection;
(3) The main tasks of mining geological environmental protection;
(4) Key projects of mining geological environmental protection;
(5) Plan and implement safeguard measures.
Article 11 The mine geological environment protection plan shall comply with the mineral resources plan and coordinate with the overall land use plan, geological disaster prevention and control plan, etc.
Chapter 3 Management and Restoration
Article 12 When applying for a mining license, the applicant for mining rights shall prepare a mine geological environment protection and land reclamation plan and submit it to the authority for approval. approved by the natural resources authority.
The mine geological environment protection and land reclamation plan shall include the following contents:
(1) Basic information of the mine;
(2) Basic information of the mining area;< /p>
(3) Mine geological environment impact and land damage assessment;
(4) Mine geological environment management and land reclamation feasibility analysis;
(5) Mine geological environment management and land reclamation project;
(6) Mine geological environment management and land reclamation work deployment;
(7) Fund estimation and schedule arrangement;
(8) Safeguard measures and benefit analysis.
Article 13 If the mining right applicant fails to prepare a mine geological environment protection and land reclamation plan, or the mine geological environment protection and land reclamation plan prepared does not meet the requirements, the natural resources with the authority to approve it The competent department shall notify the applicant to make corrections; if the applicant fails to make corrections within the time limit, his application for mining rights will not be accepted.
Article 14 If the mining right owner expands the scale of mining, changes the scope of the mining area or the mining method, he shall prepare a new mine geological environment protection and land reclamation plan and submit it to the original approval authority for approval.
Article 15: Mining right holders shall strictly implement the approved mining geological environment protection and land reclamation plan.
The design and construction of mining geological environment protection, management and restoration projects should be carried out simultaneously with mineral resource mining activities.
Article 16: If the mining of mineral resources causes damage to the mine's geological environment, the mining rights holder shall be responsible for restoration and restoration, and the restoration and restoration costs shall be included in the production cost.
If the person responsible for the management and restoration of the geological environment of a mine disappears, the municipal or county natural resources department where the mine is located shall use special government funds established with the approval of the municipal or county people's government to carry out management and restoration.
The Ministry of Natural Resources and the natural resources authorities of provinces, autonomous regions and municipalities directly under the Central Government shall provide financial subsidies to the natural resources authorities of cities and counties in accordance with the mine geological environment protection plan and the requirements of the mine geological environment management project management system. .
Article 17 Mining right holders shall, in accordance with relevant national regulations, accrue a mine geological environment management and restoration fund. The fund is used independently by the enterprise and is used for overall planning and use to carry out mining geological environment management and restoration and land reclamation based on the budget, project implementation plan, progress arrangement, etc. determined by its mine geological environment protection and land reclamation plan.
Article 18: Mining right holders shall perform their obligations in mine geological environment protection and land reclamation in accordance with the requirements of the mine geological environment protection and land reclamation plan.
If the holder of the mining right fails to fulfill its obligations of mine geological environment protection and land reclamation, or fails to meet the requirements of the mine geological environment protection and land reclamation plan, the relevant natural resources authorities shall order the mining right holder to perform the mine geological environment protection and land reclamation obligations within a time limit. Environmental protection and land reclamation obligations.
Article 19: Before the mine is closed, the mining right holder shall complete the mine geological environment protection and land reclamation obligations. When applying for pit closure procedures, the mining right holder shall be inspected and accepted by the natural resources authorities and submit the acceptance documents.
Article 20: When mining rights are transferred, the obligations of mine geological environment protection and land reclamation are transferred at the same time. The transferee of mining rights shall fulfill the obligations of mining geological environment protection and land reclamation in accordance with these regulations.
Article 21: If the mineral resources are explored by trench exploration or pit exploration, and the exploration right holder fails to apply for mining rights after the mineral resources exploration activities are completed, corresponding control and restoration measures shall be taken to ensure that the exploration right holder does not apply for the mining rights. The boreholes, exploration wells, trenches, and tunnels left behind by the mineral resources will be backfilled and sealed, and the dangerous rocks and slopes formed will be managed and restored to eliminate potential safety hazards.
Chapter 4 Supervision and Management
Article 22 The natural resources authorities at or above the county level shall supervise and inspect the performance of mining right holders’ obligations in mine geological environment protection and land reclamation. .
Relevant responsible persons shall cooperate with the supervision and inspection of the natural resources authorities at or above the county level, provide necessary information, and truthfully report the situation.
Article 23 The natural resources authorities at or above the county level shall establish a monitoring system for the geological environment of mines within their respective administrative regions, improve the monitoring network, conduct dynamic monitoring of the geological environment of mines, and guide and supervise mining rights. People carry out mine geological environment monitoring.
Mining rights holders shall regularly report the geological environment of the mine to the county-level natural resources department where the mine is located and truthfully submit monitoring data.
County-level natural resources authorities shall regularly report the aggregated mining geological environment monitoring data to the next-level natural resources authorities.
Article 24: When performing the supervision and inspection duties of mining geological environment protection, the natural resources authorities at or above the county level have the right to monitor the implementation of the governance and restoration measures established in the mine geological environment and land reclamation plan and Conduct on-site inspections of mine geological environment monitoring conditions, and have the right to stop and investigate and deal with violations of these regulations in accordance with the law.
Article 25: If mining geological environmental emergencies are caused by activities such as mining of mineral resources, the relevant responsible persons shall take emergency measures and report immediately to the local people's government.
Chapter 5 Legal Responsibilities
Article 26 Violation of these regulations requires the preparation of a mining geological environment protection and land reclamation plan but fails to do so, or expands the scale of mining, changes If the scope of the mining area or the mining method fails to re-prepare the mine geological environment protection and land reclamation plan and obtain the approval of the original approval authority, it will be ordered to make corrections within a time limit and be included in the list of abnormal mining rights holders or the list of serious violations; those who fail to make corrections within the time limit will be fined 3 If a fine of less than 10,000 yuan is imposed, the applicant's application for a new mining license or application for extension, change, or cancellation of the mining license will not be accepted.
Article 27 Anyone who violates these regulations and fails to follow the approved mine geological environment protection and land reclamation plan, or fails to complete the treatment and restoration before the mine is approved to be closed or closed, shall be ordered to do so within a time limit. Make corrections and be included in the list of abnormal mining rights holders or the list of serious violations; those who refuse to make corrections within the time limit or fail to make corrections in place will be fined not more than 30,000 yuan, and their application for a new mining rights license or application for a mining rights license will not be accepted. Continuation, change, cancellation.
Article 28 Anyone who violates these regulations and fails to accrue a mine geological environment management and recovery fund as required shall be ordered by the natural resources department at or above the county level to accrue funds within a time limit; those who fail to accrue funds within a time limit shall be punished with 3 A fine of less than 10,000 yuan. The natural resources authority that issued the mining license shall not adopt an annual report on its mining activities and shall not accept applications for renewal of its mining rights.
Article 29 If the holder of the exploration right violates the provisions of Article 21 of these Regulations and fails to take control and restoration measures, the natural resources department at or above the county level shall order him to make corrections within a time limit; if he refuses to make corrections within the time limit, he shall be punished. A fine of not more than 30,000 yuan will be imposed, and its application for new exploration rights and mining rights will not be accepted within 5 years.
Article 30 Anyone who violates these regulations, disrupts or hinders the mine geological environment protection, governance and restoration work, or occupies, damages or destroys the mine geological environment monitoring facilities or the mine geological environment protection, governance and restoration facilities shall be punished by the county. The natural resources administrative department at or above the level shall order the cessation of illegal activities, restore the original status within a time limit or take remedial measures, and impose a fine of not more than 30,000 yuan; if a crime is constituted, criminal liability shall be pursued in accordance with the law.
Article 31 If any staff member of the natural resources department at or above the county level violates these regulations, neglects his duties, abuses his power, engages in malpractice for personal gain during the supervision and management of mine geological environment protection, governance and restoration, the relevant responsible person shall be punished. Punishments shall be imposed in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law.