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

tion， 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 investiga

ted for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.

　　Article 40 Anyone who mines beyond the approved limits of his mining area shall be ordered to return to his own area and compensate for the losses caused， shall have the mineral products extracted outside his area and his unlawful proceeds confiscated， and may be fined concurrently. If the offender refuses to return to his own mining area and causes damage to mineral resources， his mining licence shall be revoked and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law.

　　Article 4l Anyone who steals or seizes mineral products or other property of mining enterprises or exploration units， damages mining or exploration facilities， or disrupts order in production and other work in mining areas or in areas of exploration operation shall be investigated for criminal responsibility in accordance with relevant provisions of the Criminal Law； if the circumstances are obviously minor， the offender shall be punished in accordance with relevant provisions of the Penalty Regulations Regarding Public Security Administration.

　　Article 42 Anyone who sells， leases or transfers mineral resources by other means shall have his unlawful proceeds confiscated and be fined.

　　Anyone who sells a mining right or puts it in pledge shall have his unlawful proceeds confiscated， be fined and have his mining licence revoked.

　　Article 43 Anyone who， in violation of the provisions of this Law， purchases or sells mineral products which are to be purchased exclusively by the state shall have such products and his unlawful proceeds confiscated and may be fined concurrently. If the circumstances are serious， criminal responsibility shall be investigated in accordance with the provisions of Article 117 and 118 of the Criminal Law.

　　Article 44 Anyone who， in violation of the provisions of this Law， exploits mineral resources in a destructive way and causes heavy damage to mineral resources shall be ordered to compensate for the losses caused and be fined. If the circumstances are serious， the offender's mining licence may be revoked.

　　Article 45 The administrative penalties prescribed in Articles 39， 40 and 42 of this Law shall be decided by municipal or county people's governments. The administrative penalties prescribed in Article 43 shall be decided by the administrative departments for industry and commerce. 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 mining licence of a mining enterprise， the opening of which was approved by the State Council or its relevant department， shall be reported to the people's government of a province， autonomous region， or municipality directly under the Central Government for approval.

　　Article 46 A party who refuses to accept the decision on administrative penalties may， within 15 days after receiving notification of the decision， bring suit in a people's court. If the party neither brings suit nor complies with the decision on a fine and confiscation of the unlawful proceeds within the time limit， the agency that made the decision shall request the people's court to compel execution of the decision.

　　Article 47 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 regions， 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 48 Rules for the implementation of this Law shall be formulated by the State Council.

　　Article 49 This Law shall go into effect on October 1， 1986.

　　Article 50 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

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