中华人民共和国矿产资源法实施细则（二）

　　Article 27 The establishment， changes or revocation regarding the mines under the state plan or the mines with great value to the national economy shall be brought up by the relevant competent departments under the State Council attached with the reports of detailed reports and other supporting proof materials. Both the competent departments in charge of planning and geology and mineral resources under the State Council shall be responsible for conducting examination and approval， and jointly issue the notice in written form to the people's governments at the county level. The people's governments at county level shall make a public announcement within one month upon receipt of the notice and shall submit it to both the competent departments in charge of planning and geology and mineral resources under the State Council for records.

　　Article 28 The confirmation or revocation of the special minerals under protective exploitation prescribed by the state shall be brought up by the relevant competent departments under the State Council， attached with supporting proof documents， submitted to the State Council for approval after the permission is granted by both the competent departments in charge of planning and geology and mineral resources upon the examination.

　　Article 29 Before the exploitation of the mineral resources， the units or individuals shall entrust the units that hold the relevant mine design certificates to conduct the feasibility study and designing. No feasibility study and design are required for mining the scattered minerals or for mining sand， rocks and clay that can only be used as building materials， but the mining proposals and the environmental protection measures are required.

　　The mine design shall be made in accordance with the mine design assignment instruction and shall adopt rational mining sequence， mining method and ore-dressing technology.

　　The mine design shall be examined and approved in accordance with the relevant provisions of the state； No construction shall be permitted without the approval.

　　Article 30 Any concessioners are granted the following rights：

　　（l） conducting the mining activities within the term and the exploitation area prescribed by the mining license；

　　（2） selling the mineral products by themselves， except for those minerals which the State Council has prescribed for a unified purchase by the designated units only； （3） constructing within the mine area the production and living facilities；

　　（4） obtaining in accordance with law the right to use the land required for the production； and

　　（5） other rights granted by laws and regulations.

　　Article 31 The concessioners shall fulfill the following obligations：

　　（l） conducting mine construction or mining within the term approved；

　　（2） conducting efficient protection， rational mining and comprehensive utilization of the mineral resources；

　　（3） paying the resources tax and the mineral resources compensation pursuant to law；

　　（4） complying with the state laws and regulations regarding the labor safety， water and soil conservancy， land recovery and environmental protection； and

　　（5） accepting the supervision and management from both the competent departments in charge of geology and mineral resources and the other relevant competent departments， and filling out and presenting the mineral reserve forms and mineral resources development and utilization statistics reports according to the relevant stipulations.

　　Article 32 Where the concessioners close down the mines either at the expiration of the exploitation license or within the term of validity， while mineral resources is still remain there， they shall take measures to maintain the mines in the state under which mining can be resumed. Also they shall complete in advance the following work：

　　（1） compiling the mine exp

loitation progress report and the actual survey charts；

　　（2） making a statement on the reserves that has been exhausted pursuant to the relevant stipulations；

　　（3） completing the respective actual work in accordance with the original design regarding labor safety for production， water and soil conservancy， land recovery and environmental protection， or paying in full the cost for the land recovery or the environmental protection.

　　The concessioners' application on closing down of the mines shall be approved by the competent departments in charge which originally approved the setting up of the mine and shall also be given permission by the original mining licensing authorities before revocation of the relevant license.

　　Article 33 The mining enterprises shall go through the following procedures regarding the examination and approval in case of a need to close down a mine：

　　（l） submitting the application on closing down of mine to the competent departments which originally approved for setting up the mine， and submitting the geological report on closing down of pits， one year prior to the completion of exploitation；

　　（2） the geological report on closing down of pits shall be examined and permitted by the competent departments which originally approved the setting up of the mine， and shall be submitted to the competent departments in charge of geology and mineral resources and mineral reserves administration for approval； and

　　（3） after the geological report on closing down of pits being approved， the concessioners shall compile report on closing down of mines which shall be approved jointly by the competent departments which originally approved the setting up of mines and the competent departments in charge of geology and mineral resources at the same level and the relevant competent departments in accordance with the relevant industrial stipulations.

　　Article 34 After the report on closing down of pits being approved， the mining enterprises shall complete the following works：

　　（1） classifying and filing up the geological， surveying and mining documents， and presenting the report on closing down of pits， the report on closing down of mines and other relevant materials；

　　（2） finalizing the works regarding labor safety， water and soil conservancy， land recovery and environmental protection or paying in full the cost for the land recovery and environmental protection in accordance with the report on closing down of mines approved.

　　The mining enterprises， with the approval documents on the closing down of mines and the proof documents supplied by the relevant departments for proving the completion of above work， apply to the original licensing authorities for the revocation of the mining license.

　　Article 35 Before the construction of railways， roads， factories， reservoirs， oil pipelines， electricity transmission lines and various large buildings， any construction units shall seek data about the distribution of the mineral resources in the place where the proposed building project located from the competent departments in charge of geology and mineral resources under the people's governments of provinces， autonomous regions and the municipalities directly under the Central Government that is located in the particular area， and shall attach proof documents issued by the department in charge of geology and mineral resources while presenting the construction designing assignment instruction for examination and approval. In case the above mentioned construction project contradicts to the exploitation of key mineral deposits， the competent departments under the State Council or the people's governments of the relevant provinces， autonomous regions and municipalities directly under the Central Government shall be responsible for proposing a settlement upon which the competent department in charge of geology and mineral resources sh

all make comment. The proposed settlement shall be submitted to the competent department in charge of planning under the State Council for approval.

　　Article 36 Disputes among the concessioners over the scope of mine areas shall be settled through consultation among the parties involved； if the consultation fails， the disputes shall be handled by the relevant people's governments at or above the county level of the place where the mineral resources is located in accordance with the scope of the mine areas designated according to law； Disputes over the scope of mine areas involving more than one province， autonomous region or municipality directly under the Central government shall， if the parties involved fail to reach the settlement through consultation， be settled through consultation among the people's governments of the relevant province， autonomous region and municipality directly under the Central Government； if the consultation fails， the department in charge of geology and mineral resources under the State Council shall put forward a suggestion for settlement， and then submit it to the State Council for decision.

　　Chapter V Collectively-Owned Mining Enterprises， Privately-Run Mining Enterprises and Individual Miner

　　Article 37 The state shall protect the lawful rights and interests of the collectively-owned mining enterprises， privately-run mining enterprises and individual miner pursuant to law， exercise supervision and management over the collectively-owned mining enterprises， privately-run mining enterprises and individual miner.

　　Article 38 Collectively-owned mining enterprises are permitted to exploit the following mineral resources：

　　（1） mineral deposits and mineral spots unfit for large or medium sized mines to be constructed by the state；

　　（2） th

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