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Mineral Resources Law.

Country
Type of law
Legislation
Date of original text
Date of latest amendment
Source


Abstract
This Law provides a comprehensive legal framework for the exploration, exploitation, protection, planning and supervision of mineral resources within the territory and other maritime areas under the jurisdiction of the People's Republic of China. Its objectives are to promote rational development and utilization of mineral resources, strengthen protection of mineral resources and the ecological environment, safeguard the state's ownership of mineral resources, protect lawful rights and interests of mining right holders, and ensure national mineral resource security.
The Law sets out guiding principles including safety, conservation, technological support and green development, and identifies the State Council natural resources authority and other departments as responsible agencies. The Law establishes substantive measures and procedural rules: mineral rights (exploration and mining) are to be obtained on a paid basis and generally granted through competitive methods including tender, auction, listing, with registration and issuance of certificates required. It mandates submission and approval of exploration and mining plans and permits, payment of specified fees and resource tax, inclusion of mineral planning in national and local land-use plans, and requirements to adopt advanced technologies and avoid banned equipment. The State Council natural resources authority, with specified cooperating departments and provincial and local natural resources authorities, are charged with planning, supervision, databases and public disclosure.
The Law further creates obligations for mine ecological restoration, requires extraction and utilization efficiency measures, sets up a strategic mineral reserve and emergency response mechanisms, and provides for the collection and earmarking of ecological restoration funds. In addition, the Law prescribes administrative powers for inspections, monitoring and credit recording, public consultation requirements for restoration plans, and offences and penalties. It also addresses responsibilities in protected areas, provisions for transfer and continuation of restoration obligations on transfer, and provisions on foreign investment to be subject to applicable law.
Repealed
No
Source language

English

Legislation Amendment
No
Original title
矿产资源法.
Implemented by