中华人民共和国矿产资源法 MINERAL RESOURCES LAW OF THE PEOPLES REPUBLIC OF CHINA

（Adopted at the 15th Meeting of the Standing Committee of the Sixth National People's Congress， promulgated by Order No. 36 of the President of the People's Republic of China on March 19， 1986， and effective as of October 1， 1986） （Editor's Note： This Law was revised by the Decisions on Amending the Mineral Resources of the People's Republic of China promulgated on August 29， 1996）
时效性：已被修正　 颁布日期：19860319 　实施日期：19861001 　失效日期：19970101 　颁布单位：全国人大常委会

　　Chapter I General Provisions

　　Article 1 This Law is formulated in accordance with the Constitution of the People's Republic of China， with a view to developing the mining industry， to promoting the exploration， development， utilization and protection of mineral resources and to ensuring the present and long-term requirements of socialist modernization.

　　Article 2 This Law must be observed in exploring and exploiting mineral resources within the territory of the People's Republic of China and in the sea areas under its jurisdiction.

　　Article 3 Mineral resources shall be owned by 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 state shall safeguard the rational development and utilization of mineral resources. Seizing or damaging mineral resources by any means and by any organization or individual shall be forbidden. People's governments at all levels must make serious efforts to protect mineral resources.

　　Anyone who wishes to explore mineral resources shall register according to law. Anyone who wishes to exploit mineral resources shall apply for the right of mining. The state shall protect lawful 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.

　　Mining rights may not be sold， leased or put in pledge.

　　Article 4 The state-operated mining enterprises shall be the principal force in exploiting mineral resources. The state shall guarantee the consolidation and expansion of state-operated mining enterprises.

　　The state shall encourage， direct and help the collective mining enterprises of township and towns to develop.

　　By administrative measures， the state shall direct， help and supervise individuals to conduct mining according to law.

　　Article 5 The state shall adopt the policy that mineral resources are to be mined with compensation. Anyone who exploits mineral resources must pay resources tax and compensation in accordance with relevant state provisions.

　　Article 6 With regard to the exploration and development of mineral resources， the state shall practise the policy of unified planning， rational distribution， comprehensive exploration， rational exploitation and comprehensive utilization.

　　Article 7 The state shall encourage scientific-technical research on the exploration and development of mineral resources， popularize advanced technology and raise the scientific-technical level of mineral exploration and development.

　　Article 8 Any organization or individual that has achieved remarkable success in the exploration， development and protection of mineral resources and in scientific-technical research shall be rewarded by the people's governments at various levels.

　　Article 9 The department in charge of geology and mineral resources under the State Council shall be responsible for supervision and administration of the exploration and development of mineral resources throughout the country. Other departments concerned under the State Council shall assist the department in change of geology and mineral resources under the State Council in supervising and administering the exploration and exploitation of mineral resources.

　　The departme

nts in charge of geology and mineral resources under the people's governments of provinces， autonomous regions， and municipalities directly under the Central Government shall be in charge of supervising and administering the exploration and exploitation of mineral resources within their respective administrative areas. Other departments concerned under the people's governments of provinces， autonomous regions， and municipalities directly under the Central Government shall assist the departments in charge of geology and mineral resources at the same level in supervising and administering the exploration and exploitation of mineral resources.

　　Chapter II Registration for Mineral Exploration and Examination and Approval of Mineral Exploitation

　　Article 10 The state shall adopt a unified registration system for mineral exploration. 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 scope and procedures for registration of mineral exploration shall be formulated by the State Council.

　　Article 11 The mineral reserves approval agency of the State Council or mineral reserves approval agencies of provinces， autonomous regions， and municipalities directly under the Central Government shall be responsible for the examination and approval of the prospecting reports to be used for mine construction designing and shall， within the prescribed time limit， give official replies to the units that submitted the reports. Unless a prospecting report is approved， it may not be used as the basis for mine construction designing.

　　Article 12 Archives of mineral exploration results and statistics of reserves of various kinds of minerals shall be subject to unified management， and shall be collected or compiled for submission to the competent authorities in accordance with the stipulations of the State Council.

　　Article 13 The establishment of state-operated mining enterprises shall be approved respectively by the State Council， the relevant department in charge under the State Council and the people's governments of provinces， autonomous regions， or municipalities directly under the Central Government.

　　In the case of a state-operated mining enterprise which shall be established with the approval of the State Council or its relevant department in charge， the department in charge of geology and mineral resources under the State Council shall， before approval is granted， verify the proposed limits of mining operations and comprehensive utilization plan and write down its comments； after the approval is given， it shall issue a mining licence according to the approval document. Mining licences for specific kinds of minerals may be issued by a relevant department authorized by the State Council. In the case of a state-operated mining enterprise which shall be established with the approval of the people's government of a province， autonomous region， or municipality directly under the Central Government， the department in charge of geology and mineral resources under that people's government shall， before approval is granted， verify the proposed limits of mining operations and comprehensive utilization plan and write down its comments after the approval is given； it shall issue a mining liceace according to the approval document.

　　Article 14 Procedures for the examination and approval of the establishment of collective mining enterprises of villages and towns， for the issuance of mining licences and for the administration of mining by individuals shall be formulated by the standing committees of the people's congresses of provinces， autonomous regions， or municipalities directly under the Central Government.

　　Article 15 Mining areas which are to be expl

oited under the state plan， those which are of great value to the national economy and special kinds of minerals for which protective mining is prescribed by the state， shall be exploited by the state in a planned way. No unit or individual may be permitted to exploit them without the approval of the department in charge under the State Council.

　　Article 16 After defining， according to law， the limits of the mining areas that are to be exploited under the state plan， mining areas that are of great value to the national economy and mining areas of mining enterprises， the competent departments responsible for defining such areas shall inform the relevant people's government at the county level to make a public announcement.

　　Any change in the mining area of a mining enterprise must be reported to and approved by the original approval department， and a new mining licence must be obtained from the department that issued the original mining licence.

　　No unit or individual may enter and mine in the mining area of a mining enterprise that have acquired the mining rights.

　　Article 17 Unless approved by the competent department authorized by the State Council， no one may exploit mineral deposits in the following places：

　　（1） within demarcated areas of harbours， airports and national defence projects or installations；

　　（2） within a certain distance from important industrial districts， large scale water conservancy works or municipal engineering installations of cities and towns；

　　（3） within certain limits on both sides of railways and important highways；

　　（4） within certain limits on both sides of important rivers and embankments；

　　（5） nature reserves and important scenic spots designated by the state， major sites of immovable historical relics and pl

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