中华人民共和国矿产资源法（修正）（二）

joy priority in the acquisition of the mining right in the area. He may transfer his exploration right to another person with lawful approval， provided that the minimum investment in the exploration has been made as required.

　　“（2） In the event of the merger or division of enterprise， or joint investment or joint operation with others， or in the event of a sale of assets or other changes in assets property which need change in the owner of mining right， a mining enterprise vested with the mining right may transfer its right to another person for mining with lawful approval.

　　“The State Council shall formulate the specific measures and implementation procedures for the provisions in the preceding paragraph.

　　“It is forbidden to resell rights of exploration and mining for profit.”

　　5. Article 10 is changed into Article 12 and amended as： “The state shall adopt a unified registration system for mineral exploration areas. The department in charge of geology and mineral resources under the State Council shall be responsible for registering the exploration of mineral resources. The State Council may authorize relevant departments to handle registration of the exploitation of special kinds of mineral ores. The procedures for registration of mineral exploration areas shall be formulated by the State Council.”

　　6. The first paragraph of Article 13 and Article 26 are combined as Article 15 and amended as： “Anyone who intends to establish a mining enterprise shall be qualified as required by the state， and the approval authority shall examine his application as to the limits of the mining area， design or mining plan， production technique and safety and environmental protection measures in accordance with the law and relevant state provisions. Approval shall be granted if it finds the enterprise meets these requirements.”

　　7. The second paragraph of Article 13 and Article 14 are combined as Article 16 and amended as： “The exploitation of the following mineral resources shall be subject to the approval of the department in charge of geology and mineral resources un

der the State Council and a mining licence shall be issued upon approval.

　　“（1） mineral resources within the mining areas which are to be exploited under the state plan， and which are of great value to the national economy；

　　“（2） mineral resources of at least large-scale recoverable reserves outside the areas prescribed in the preceding item；

　　“（3） special kinds of minerals for which protective mining is prescribed by the state；

　　“（4） mineral resources within the territorial seas and other sea areas under the jurisdiction of China； or

　　“（5） other kinds of minerals prescribed by the State Council.

　　“The exploitation of special kinds of minerals such as petroleum， natural gas and radioactive minerals may be approved by the relevant departments authorized by the State Council and a mining licence shall be issued upon approval.

　　“The exploitation of other mineral resources than those prescribed in the first and second paragraphs shall， if their recoverable reserves are medium in scale， be subject to the approval of the departments in charge of geology and mineral resources of the people's governments of provinces， autonomous regions and municipalities directly under the Central Government and a mining licence shall be issued upon approval.

　　“Procedures for the administration of exploiting other mineral resources than those prescribed in the first， second and third paragraphs shall be formulated according to law by the standing committees of the people's congresses of provinces， autonomous regions， or municipalities directly under the Central Government.

　　“Materials regarding the examination and approval of mineral exploitation and the issuance of mining licences under the provisions of the third and fourth paragraphs shall be collected and reported by the departments in charge of geology and mineral resources of the people's governments of provinces， autonomous regions and municipalities directly under the Central Government to the State Council for the record.

　　“The standard for dividing mineral reserves into large- and medium-scale reserves shall be set by the mineral reserves approval agency of the State Council.”

　　8. The third paragraph of Article 16 and Article 36 are combined as Article 19 and amended as： “Local people's governments at various levels shall take measures to maintain the normal order in mining areas of state-owned mining enterprises and other mining enterprises which are located within their administrative regions.

　　“No unit and individual may enter and mine in mining areas of state-owned mining enterprises and other mining enterprises which are established by others according to law.”

　　9. Article 34 is changed into Article 35 and a new paragraph added thereto as the second paragraph： “Individuals are prohibited from exploiting mineral resources which reserves are suitable for a mining enterprise to mine， special kinds of minerals for which protective mining is prescribed by the state， and other mineral resources for which mining by individuals is prohibited by the state.”

　　10. Article 39 is amended as： “Anyone who， in violation of the provisions of this Law， mines without a mining licence， enters without authorization and mines in mining areas that the state has planned to develop， or in mining areas withers of significant value to the national economy， or exploits special kinds of minerals that the state has prescribed for protective exploitation shall be ordered to stop excavation， compensate for the losses caused， have his extracted mineral products and unlawful proceeds confiscated， and may be fined concurrently. If the party refuses to stop mining and thus causes damage to mineral resources， the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.

　　“Any unit or individual who e

nters and mines in mining areas of the state-owned and other mining enterprises which are established by others according to law shall be punished according to the provisions of the preceding paragraph.”

　　11. The second paragraph of Article 42 is amended as： “Anyone who， in violation of the provisions of Article 6 of this Law， resells rights of exploration and mining for profit shall have his unlawful proceeds confiscated， be fined and have his exploration and mining licences revoked.”

　　12. Article 44 is amended as： “Anyone who， in violation of the provisions of this Law， exploits mineral resources in a destructive way shall be fined and may have his mining licence revoked； If heavy damage has been caused to mineral resources， the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.”

　　13. Article 45 is amended as： “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.”

　　14. Article 46 is amended as： “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.”

　　15. Add a new article as 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.

　　16. Add a new article as Article 48： “Whoeve

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