Exploration and exploitation of mineral resources must meet the prescribed qualifications and apply separately according to law. After approval, it shall be registered and paid for exploration and mining rights.
Exploration and mining rights can be transferred and mortgaged with compensation according to law, and mining rights can be leased; The exploration and mining rights obtained by individuals according to law can be inherited according to law.
To exploit mineral resources, resource tax and resource compensation fee must be paid according to law. Article 4 People's governments at all levels shall safeguard the state ownership of mineral resources, strengthen the protection of mineral resources, maintain the normal mining order within their respective administrative areas, and protect the legitimate rights and interests of prospecting and mining rights holders from infringement. Article 5 Investors at home and abroad are encouraged to explore and exploit mineral resources according to law in various forms such as sole proprietorship, joint venture and cooperation.
Encourage and guide the development of non-public mining economy.
Individuals are prohibited from exploiting specific minerals that are subject to protective mining and other mineral resources that are prohibited by the state from being exploited by individuals. Article 6 The exploration and development of mineral resources shall follow the principles of unified planning, rational distribution, comprehensive exploration, rational exploitation and comprehensive utilization, and adhere to the principle of giving priority to protection.
The province's mineral resources exploration and development planning, by the administrative department of natural resources of the provincial people's government according to the national mineral resources planning, organize relevant departments to prepare, after the approval of the provincial people's government. Article 7 People's governments at all levels shall encourage scientific and technological research on the exploration and development of mineral resources, popularize advanced technologies and improve the scientific and technological level of the exploration and development of mineral resources.
People's governments at all levels or relevant departments shall reward units and individuals that have made remarkable achievements in mineral resources exploration, development and utilization, protection and scientific and technological research. Article 8 The exploration and exploitation of mineral resources shall comply with the provisions of national laws and regulations on mine safety, soil and water conservation, flood control, forest, grassland, land management, nature reserves, cultural relics protection and environmental protection.
Where there are other provisions in laws and administrative regulations on the exploration and exploitation of mineral resources such as oil, natural gas and coal, such provisions shall prevail. The administrative department of natural resources of the ninth provincial people's government is responsible for the supervision and management of mineral resources exploration and exploitation within the administrative area of this province. The relevant departments of the provincial people's government shall, in accordance with their respective duties, assist the administrative department of natural resources of the provincial people's government to do a good job in the supervision and management of mineral resources exploration and exploitation.
The administrative department of natural resources of the people's governments of cities (regions) and counties (cities, districts) shall be responsible for the supervision and management of the exploration and exploitation of mineral resources within their respective administrative areas. The relevant departments of the people's governments of cities (regions) and counties (cities, districts) shall, according to their respective duties, assist the administrative departments of natural resources at the same level in the supervision and management of mineral resources exploration and exploitation. Chapter II Exploration of Mineral Resources Article 10 An application for exploration of the following mineral resources shall be approved and registered by the administrative department of natural resources of the provincial people's government, and an exploration license shall be issued:
(1) Mineral resources beyond the scope of examination and approval and registration by the administrative department of natural resources of the State Council;
(2) Mineral resources with an exploration investment of less than 5 million yuan, except oil, natural gas, carbon dioxide gas, coal-formed gas and radioactive minerals, among the minerals approved and registered by the administrative department of natural resources in the State Council;
(three) other mineral resources authorized by the administrative department of natural resources of the State Council. Eleventh investors in mineral resources exploration are applicants for exploration rights.
Cooperation and joint venture in the exploration of mineral resources shall stipulate the applicant for exploration right in the written contract; If the state invests in the exploration of mineral resources, the unit entrusted by the state for exploration shall be the applicant for exploration right. Twelfth units undertaking mineral resources exploration must have the qualifications stipulated by the state and obtain the qualification certificate of geological exploration units.
The administrative department of natural resources of the provincial people's government shall be responsible for the qualification management of geological exploration units within the administrative area of this province in accordance with the prescribed authority.
If the applicant for prospecting right does not have the qualification of geological exploration, he must entrust a unit with the qualification of geological exploration to undertake the exploration of mineral resources. Thirteenth applicants for exploration rights shall submit the following materials to the registration authority when applying for exploration rights:
(1) Application for registration;
(2) Block scope map and geological work research degree map;
(three) the exploration work plan, the exploration contract or the certification documents of the entrusted exploration;
(four) a copy of the qualification certificate of the exploration unit;
(five) the implementation plan of exploration work and its annexes;
(six) proof of the source of funds for the exploration project;
(seven) other materials required by the administrative department of natural resources in the State Council.