中华人民共和国矿产资源法（修正）（二）

　　Article 45 The administrative penalties prescribed in Articles 39， 40 and 42 of this Law shall be decided by departments in charge of geology and mineral resources under the people's governments at or above the county level within the limits of their authority prescribed by the department in charge of geology and mineral resources under the State Council. The administrative penalties prescribed in Article 43 shall be decided by administrative departments for industry and commerce under the people's governments at or above the county level. The administrative penalties prescribed in Article 44 shall be decided by departments in charge of geology and mineral resources under the people's governments of provinces， autonomous regions， or municipalities directly under the Central Government. The penalty of revoking the exploration and mining licences shall be decided by the departments that issue the licences.

　　If any department fails to give an administrative penalty， when it ought to do so in accordance with the provisions of Articles 39， 40， 42 and 44， the department in charge of geology and mineral resources under the people's government at the higher level shall have the authority to order it to make corrections or shall directly give the administrative penalty.

　　Article 46 A party who refuses to accept the decision on administrative penalties may apply for reconsideration according to law or may directly bring suit in a people's court according to law.

　　If the party neither applies for reconsideration nor brings suit in a people's court nor complies with the decision on administrative penalties within the time limit， the agency that made the decision shall request the people's court to compel execution of the decision.

　　Article 47 If any of state functionaries who supervises and administers the exploration and exploitation of mineral resources or any of other relevant state functionaries， by engaging in malpractice for his personal gains， abusing his power or neglecting his duty and in violation of the provisions of this Law， grants an approval of the exploration and exploitation of mineral resources and issues exploration and mining licences， or fails to check and punish the unlawful mining activities according to law， when a crime has been constituted， the offender shall be investigated for criminal responsibility according to law； a disciplinary sanction shall be given when the action does not constitute a crime. The department in charge of geology and mineral resources under the people's government at the higher level shall have the authority to withdraw the exploration and mining licences issued unlawfully.

　　Article 48 Whoever by means of force or threat obstructs the performance of duty by a state functionary who supervises and administers the exploration and exploitation of mineral resources according to law shall be investigated for criminal responsibility in accordance with the provisions of Article 157 of the Criminal Law. If anyone， without resorting to force and threat， refuses or obstructs the performance of duty by a state functionary who supervises and administers the exploration and exploitation of mineral resources according to law， the public security organ shall punish him in accordance with the provisions of the Regulations on Administrative Penalties for Public Security.

　　Article 49 Disputes over the limits of mining areas between mining enterprises shall be settled by the parties through consultation； if no agreement is reached through consultation， the relevant local government at or above the county level shall handle the case on the basis of the limits that have been verified and fixed according to law. Disputes over the limits of mining areas that straddle provinces， autonomous regions， or municipalities directly under the Central Government shall be settled by the people's governments of the relevant provinces， autonomous regio

ns， or municipalities through consultation. If no agreement is reached through consultation， the disputes shall be settled by the State Council.

　　Chapter VII Supplementary Provisions

　　Article 50 If there are other provisions in laws and regulations concerning the exploration and exploitation of mineral resources with foreign investment， such provisions shall apply.

　　Article 51 Before this Law goes into effect， anyone who exploited mineral resources without going through approval procedures， having the mining area delimited and obtaining a mining licence shall complete the formalities in accordance with relevant provisions of this Law.

　　Article 52 Rules for the implementation of this Law shall be formulated by the State Council.

　　Article 53 This Law shall go into effect on October 1， 1986.

　　Appendix： Related articles in the Criminal Law

　　Article 117 Whoever engages in speculation in violation of the laws and regulations on the control of monetary affairs， foreign exchanges， gold and silver， or on the administration of industrial and commercial affairs， if the circumstances are serious， shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention， or he may concurrently or exclusively be sentenced to a fine or confiscation of property. Article 118 Whoever makes a regular business of smuggling or illicit speculation， smuggles or speculates in huge amounts or is the ringleader of a group that smuggles or engages in illicit speculation shall be sentenced to fixed-term imprisonment of not less than three years and not more than ten years， and may concurrently be sentenced to confiscation of property.

　　Article 156 Whoever intentionally destroys public or private property， if the circumstances are serious， shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention or a fine.

　　Article 157 Whoever by means of force or threat obstructs a state functionary from carrying out his functions according to law or refuses to carry out legally effective judgments or orders of people's courts shall be sentenced to fixed-term imprisonment of not more than three years， criminal detention， a fine or deprivation of political rights.

　　Article 158 It shall be prohibited for anyone to disturb public order by any means. If the circumstances of the public disturbance are so serious that work， production， business， education or scientific research cannot be conducted and the state and society suffer serious losses， the ringleaders shall be sentenced to fixed-term imprisonment of not more than five years， criminal detention， public surveillance or deprivation of political rights.

　　DECISION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS ON AMENDING THE MINERAL RESOURCES LAW OF THE PEOPLE'S REPUBLIC OF CHINA

　　（Adopted at the 21st Meeting of the Standing Committee of the Eighth National People's Congress and promulgated by Order No. 74 of the President of the People's Republic of China on August 29， 1996）

　　The Decision

　　The 21st Meeting of the Standing Committee of the Eighth National People's Congress has decided to make the following amendments to the Mineral Resources Law of the People's Republic of China：

　　1. The first paragraph of Article 3 is amended as： “Mineral resources shall be owned by the state. The State Council shall exercise the ownership of mineral resources on behalf of the state. The state ownership of mineral resources， either near the earth's surface or underground， shall not change with the ownership or right to the use of the land which the mineral resources are attached to.”

　　The third paragraph of Article 3 is amended as： “Anyone who wishes to explore and exploit mineral resources shall apply for the rights of exploration and mining separately according to law and acquire them with approval， and shall go through

registration， except those mining enterprises which conduct the exploration operations for their own production within the defined mining areas when having acquired the mining right according to law. The state shall protect rights of exploration and mining from violation and protect order in production and other work in the mining and exploration areas from interference and disruption.”

　　Add a new paragraph thereto as the fourth paragraph： “Anyone who is engaged in the exploration and exploitation of mineral resources shall be qualified to meet requirements.”

　　2. The Article 4 is amended as： “The state shall guarantee the lawful rights and interests of mining enterprises established according to law in the exploitation of mineral resources.

　　“The state-owned mining enterprises shall be the principal force in exploiting mineral resources. The state shall guarantee the consolidation and expansion of state-owned mining industry.”

　　3. The Article 5 is amended as： “The state shall adopt the system by which the rights of exploration and mining are to be acquired with compensation. However， the compensation for the acquisition of the exploration and mining rights maybe reduced or exempt by the state according to circumstances. The specific measures and implementation procedures shall be formulated by the State Council.

　　“Anyone who exploits mineral resources must pay resources tax and compensation in accordance with relevant state provisions.”

　　4. The fourth paragraph of Article 3 is changed into Article 6 and amended as： “Exploration and mining rights may not be transferred with the exception of those as prescribed by the following provisions：

　　“（1） The explorer shall be entitled to conduct the approved exploration operations within the defined exploration area and to en

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