矿产资源勘查区块登记管理办法 Measures for the Area Registration Administration of Mineral Resources Exploration an

国务院令第240号
颁布日期：19980212 　实施日期：19980212 　颁布单位：国务院

　　Promulgated by Decree No. 240 of the State Council of the People's Republic of China on February 12, 1998.

　　Article 1 These Measures are formulated in accordance with the Mineral Resources Law of the People's Republic of China with a view to strengthening the administration of mineral resources exploration and survey, protecting the lawful rights and interests of persons with mineral exploration right, maintaining order in mineral resources exploration and survey and promoting the development of the mining industry.

　　Article 2 These Measures must be adhered to in mineral resources exploration and survey within the territory of the People's Republic of China and other sea areas under its jurisdiction.

　　Article 3 The State practises the system of uniform area registration administration in mineral resources exploration and survey. An area with the delimitation of 1' longitude x 1' latitude shall be the basic unit area of the scope of a work area in mineral resources exploration and survey. The maximum scope of each exploration and survey project permissible for registration shall be:

　　(1)a 10-basic unit area for mineral water;

　　(2)a 40-basic unit area for metal minerals, non-metal minerals and radioactive minerals;

　　(3)a 200-basic unit area for geothermal energy, coal and fluid and gaseous minerals; and

　　(4)a 2,500-basic unit area for petroleum and natural gas minerals.

　　Article 4 Exploration and survey of the following mineral resources shall be subject to the examination, approval and registration of the competent department of geology and mineral resources under the State Council and an exploration and survey permit shall be issued:

　　(1)cross-province, cross-autonomous region and cross-municipality directly under the Central Government mineral resources;

　　(2)mineral resources within the territorial waters and other sea areas under the jurisdiction of China;

　　(3)mineral resources the exploration and survey of which are to be conducted with investment by foreign businesses; and

　　(4)the mineral resources listed in the appendix to these Measures.

　　Whoever engages in the exploration and survey of mineral resources shall be registered by the competent department of geology and mineral resources under the State Council and issued an exploration and survey permit upon the examination and consent of the organ designated by the State Council.

　　Exploration and survey of the following mineral resources shall be subject to the examination, approval and registration of the competent departments of geology and mineral resources of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government and issued an exploration and survey permit, and the case shall be submitted to the competent department of geology and mineral resources under the State Council for the record within 10 days from the date of issuance of the permit:

　　(1)mineral resources other than those specified in the first clause and second clause of this Article; and

　　(2)mineral resources the examination, approval and registration of which shall be subject to the competent departments of geology and mineral resources of people's governments of the provinces, autonomous regions and municipalities directly under the Central Government authorized by the competent department of geology and mineral resources under the State Council.

　　Article 5 The exploration and survey contributer shall be the applicant for the mineral exploration right; however, where the State contributes to the exploration and survey, the exploration and survey unit entrusted by the State shall be the applicant for the mineral exploration right.

　　Article 6 An exploration right appli

cant shall, in applying for the mineral exploration right, present the following materials to the registration administration organ:

　　(1)a letter of application for registration and a map indicating the scope of the area to be applied for;

　　(2)a photocopy of the certificate of qualification of the exploration and survey unit;

　　(3)the work plan for exploration and survey, the exploration and survey contract or the certificate of commission for exploration and survey;

　　(4)implementation schemes and appendixes for exploration and survey;

　　(5)proof of the source of funding for the exploration and survey; and

　　(6)other materials the presentation of which are prescribed by the competent department of geology and mineral resources under the State Council.

　　Whoever applies for the exploration and survey of petroleum and natural gas should as well present the approval document of the State Council for the establishment of a petroleum company or conducting of exploration and survey of petroleum and natural gas and certificate of qualification of the legal person of the exploration and survey unit.

　　Article 7 Whoever applies for roll-on exploration and exploitation of petroleum and natural gas should present the following materials to the registration administration organ, go through the formalities of registration and obtain a mining permit for roll-on exploration and exploitation upon approval:

　　(1)a letter of application for registration and a map indicating the scope of the mining area for exploration and exploitation;

　　(2)the project proposal approved by the competent department of planning under the State Council;

　　(3)authentication materials for roll-on exploration and exploitation;

　　(4)the report on reserves for roll-on exploration and exploitation of petroleum and natural gas approved by the examination and approval organ of mineral reserves under the State Council; and

　　(5)a utilization scheme for roll-on exploration and exploitation.

　　Article 8 The registration administration organ should, within 40 days from the date of receipt of the application, make a decision on the approval for registration or non-registration in accordance with the principle of whoever applies first, and inform the applicant for mineral exploration right. With respect to applicants for the exploration and survey of petroleum and natural gas, the registration administration organ should likewise make an announcement or respond to inquiries in time upon receipt of the applications.

　　The registration administration organ should guarantee the registration of the first-category projects in the state geological survey plan. Specific measures shall be worked out by the competent department of geology and mineral resources under the State Council in conjunction with the competent department of planning under the State Council.

　　In case of necessity of revision or supplement of materials by an applicant for mineral exploration right prescribed in Article 6 of these Measures, the registration administration organ should inform the applicant for mineral exploration right of effecting the revision or supplement within the specified time period.

　　An applicant for mineral exploration right approved for registration should, within 30 days from the date of receipt of the notice, pay the mineral exploration right user's fee in pursuance of the provisions of Article 12 of these Measures and pay the mineral exploration right purchase price for state contributed exploration and survey in pursuance of the provisions of Article 13 of these Measures, go through the formalities of registration, obtain the exploration and survey permit and become the person with mineral exploration right. In the case of non-registration, the registration administration organ should explain the reasons to an app

licant for mineral exploration right.

　　Article 9 Any unit or individual shall be prohibited to enter the exploration and survey operations areas of others who have obtained the mineral exploration right in accordance with law to conduct exploration and survey or mining activities.

　　In the event of a dispute over the scope of an exploration and survey operations area and the scope of a mining area between a person with mineral exploration right and a person with mining right, a settlement shall be worked out by the interested parties through consultation; in case of failure of the consultation, an arbitration shall be made by the higher registration administration organ among the registration administration organs that issue permits.

　　Article 10 The maximum validity of an exploration and survey permit shall be 3 years; however, the maximum validity of an exploration and survey permit for petroleum and natural gas shall be 7 years. In case of necessity for an extention of the time for the exploration and survey work, the person with mineral exploration right should, 30 days prior to the expiration of the validity of the exploration and survey permit, go through the formalities of registration for extention at the registration administration organ. The duration of each extension shall not exceed 2 years.

　　Any person with mineral exploration right who fails to go through the formalities of registration for extension on expiry, the exploration and survey permit shall be automatically annulled.

　　The maximum validity of a mining permit for roll-on exploration and exploitation of petroleum and natural gas shall be 15 years; however, for areas with known reserves, an application

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