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

aces of historical interest and scenic beauty that are under state protection； and

　　（6） other areas where mineral exploitation is forbidden by the state.

　　Article 18 If a mine is to be closed down， a report must be prepared with information about the mining operations， hidden dangers， land reclamation and utilization， and environmental protection， and an application for approval must be filed in accordance with the relevant state provisions.

　　Article 19 If， in the course of mineral exploration or exploitation， rare geologic phenomena or ancient cultural remains of major scientific and cultural value are discovered， they shall be protected and reported immediately to the relevant departments.

　　Chapter III Mineral Exploration

　　Article 20 Regional geologic surveys shall be carried out in accordance with the unified state plan. Reports on regional geologic surveys and the appended maps and other data shall be examined and accepted according to state regulations and then provided to relevant departments for use.

　　Article 21 In conducting a general survey of mineral resources， while surveying for the chief kind of mineral deposits， a preliminary comprehensive assessment shall be made of the minerogenetic conditions involving all paragenetic or associated mineral ores and of the economic perspective of those mineral ores in the area being surveyed.

　　Article 22 In prospecting for mineral deposits， a comprehensive assessment of the paragenetic and associated mineral ores of commercial value within the mining area must be made and their reserves calculated. Any prospecting report without such comprehensive assessment shall not be approved. However， an exception shall be made of the mineral deposit prospecting items for which the planning department of the State Council has made other stipulations.

　　Article 23 In conducting general surveys and prospecting of special kinds of fragile non-metallic minerals， fluid minerals， combustible， explosive and soluble minerals and minerals containing radioactive elements， methods prescribed by the competent depart

ments of people's governments at or above the provincial level must be used， and necessary technical installations and safety measures must be provided.

　　Article 24 The original geological record， maps， and other data of mineral exploration， rock cores， test samples， specimens of other material objects， and various exploration marks shall be protected and preserved in accordance with the relevant provisions.

　　Article 25 Prospecting reports on mineral deposits and other valuable exploration data shall be provided for use with compensation in accordance with the provisions made by the State Council.

　　Chapter IV Mineral Exploitation

　　Article 26 Before a mining enterprise is established， the approval authority shall examine its application as to the limits of its 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.

　　Article 27 In exploiting mineral resources， a mining enterprise must adopt rational sequence and methods of mining and the proper ore-dressing technology. The recovery rate and impoverishment rate in mining and recovery rate in ore-dressing of a mining enterprise shall meet the design requirements.

　　Article 28 While exploiting the chief mineral deposit， its paragenetic and associated mineral ores having commercial value shall be comprehensively exploited and utilized in accordance with a unified plan， so as to avoid waste. Effective protective measures shall be adopted to avoid loss and damage to ores that cannot be exploited in a comprehensive way or that must be exploited simultaneously but cannot be comprehensively utilized for the time being， and to tailings containing useful components.

　　Article 29 In exploiting mineral resources， it is essential to abide by the state provisions for labour safety and hygiene and have the necessary conditions to ensure safety in production.

　　Article 30 In exploiting mineral resources， it is essential to observe the legal provisions on environmental protection to prevent pollution of the environment.

　　In mining mineral resources， attention shall be paid to using land economically. In case cultivated land， grassland or forest land is damaged owing to mining， the relevant mining enterprise shall take measures to utilize the lands affected， such as by reclamation， tree planting and grass planting， as appropriate to the local conditions.

　　Anyone who， in mining mineral deposits， causes losses to the production and livelihood of other persons shall be liable to compensation and adopt the necessary remedial measures.

　　Article 31 Before the construction of railways， factories， reservoirs， oil pipelines， transmission lines and various large structures or architectural complexes， the units responsible for the construction must obtain information from departments in charge of geology and mineral resources under the people's governments of provinces， autonomous regions， or centrally administered municipalities where the units are located， about the distribution and mining of mineral resources in the areas where the construction projects are to be built. Those projects shall not be built over important mineral deposits unless approved by departments authorized by the State Council.

　　Article 32 As prescribed by the State Council， mineral products to be purchased exclusively by designated units may not be purchased by any other units or individuals； excavators of such minerals shall not sell their products to non-designated units.

　　Article 33 In exploiting mineral resources in national autonomous areas， the state shall give due consideration to the interests of those areas and make arrangements favour able to the areas' economic construction and to the production and livelihood of the people of l

ocal minority nationalities.

　　The organs of self-government of national autonomous areas shall， in accordance with legal provisions and the unified state plan， have priority for rationally developing and utilizing the mineral resources that may be developed by local authorities.

　　Chapter V Collective Mining Enterprises of Villages and Towns and Mining by Individuals

　　Article 34 The state shall adopt a policy of vigorous support， rational planning， correct guidance and powerful administration with regard to collective mining enterprises of villages and towns and mining by individuals. It shall encourage collective mining enterprises of townships and towns to exploit mineral resources within the areas designated by the state， and permit individuals to exploit scattered and dispersed mineral deposits， as well as sand， stone and clay usable only for common building materials， and small amounts of minerals for their own use in daily life.

　　The state shall direct and help collective mining enterprises of villages and towns and individual miners to raise unceasingly their technical level， and to increase the mineral resource utilization .ate and economic effects.

　　Departments in charge of geology and mineral resources， geological units and state-operated mining enter prises shall， on the principles of vigorous support and mutual benefit， provide geological data and technical service with compensation to collective mining enterprises of villages and towns and individual miners.

　　Article 35 Existing collective mining enterprises of villages and towns， located within the mining area of a mining enterprise which is to be established with the approval of the State Council or the relevant department in charge under the State Council， shall be closed down or carry on mining in other designated places. The unit that undertakes to open the mine shall give rational compensation to the closed-down enterprise and make appropriate arrangements for the masses' livelihood. According to its overall arrangement， the state-operated mining enterprise may also enter into joint operation with the collective mining enterprises.

　　Article 36 Under the general arrangement of the state-operated mining enterprises and with the approval of higher authorities， collective mining enterprises of villages and towns may exploit marginal and scattered ores within the limits of the state-operated mining enterprises， provided that they apply for mining licences as required.

　　Article 37 Collective mining enterprises of villages and towns and individuals engaged in mining shall raise their technical level and increase the mineral recovery rate. Abusive or wasteful exploitation which is destructive to mineral resources shall be forbidden.

　　Collective mining enterprises of villages and towns must survey and draw maps showing the correlation between surface and underground Workings.

　　Article 38 People's governments at and above the county level shall direct and help collective mining enterprises of villages and towns and individuals engaged in mining in carrying out technological transformation， improving business management and ensuring safety in production.

　　Chapter VI Legal Liability

　　Article 39 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， in mining areas with ores of significant value to the national economy， or in others' mining areas， or exploits special kinds of minerals that the state has prescribed for protective exploitation shall be ordered to stop excava

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