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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

2009-03-24 法律英语 来源:互联网 作者:
shall be submitted for the processing of a mining permit.

  Article 11 The registration administration organ should, within 10 days from the date of issuance of an exploration and survey permit, notify the department responsible for the administration of geology and mineral resources of the county-level people's government of the locality wherein the exploration and survey project is located of such particulars as the name of the project, the person with mineral exploration right, the scope of the area and the duration of the exploration and survey permit for which a registration has been entered into and a permit has been issued.

  The registration administration organ should make announcements at regular intervals on the status of exploration and survey area registration and issuance of permits.

  Article 12 The State practises the paid-for acquisition system of mineral exploration right. The mineral exploration right user's fee shall be calculated according to the exploration and survey year and paid every year.

  Rates of mineral exploration right user's fee: a payment of RMB 100 Yuan per square kilometer a year shall be effected from the first exploration and survey year to the third exploration and survey year; an additional RMB 100 Yuan per square kilometer shall be paid from the fourth exploration and survey year; however, the maximum amount per square kilometer shall not exceed RMB 500 Yuan a year.

  Article 13 For application for mineral exploration right of areas of state-contributed exploration and survey and areas of known minerals, an applicant for mineral exploration right should, in addition to the payment of the mineral exploration right user's fee in pursuance of the provisions of Article 12 of these Measures, also pay the mineral exploration right purchase price for state-contributed exploration and survey confirmed after evaluation; the mineral exploration right purchase price may be paid in lump-sum or in instalments pursuant to relevant state provisions.

  Evaluation of the mineral exploration right purchase price for state contributed exploration and survey shall be carried out by evaluation agencies certified by the competen

t department of geology and mineral resources under the State Council in conjunction with the department of state assets management; the evaluation results shall be confirmed by the competent department of geology and mineral resources under the State Council.

  Article 14 The mineral exploration right user's fee and the mineral exploration right purchase price for state-contributed exploration and survey shall be collected by the registration administration organs and integrated into state budget management in total. Specific measures for the management and use shall be worked out by the competent department of geology and mineral resources under the State Council in conjunction with the department of finance and the competent department of planning under the State Council.

  Article 15 In case of any of the following circumstances, a person with mineral exploration right shall file an application and may enjoy reduction in or exemption from the payment of mineral exploration right user's fee and mineral exploration right purchase price subject to the examination and approval of the registration administration organ pursuant to the measures for the reduction and exemption of mineral exploration right user's fee and mineral exploration right purchase price formulated by the competent department of geology and mineral resources under the State Council in conjunction with the department of finance under the State Council:

  (1)categories of minerals the exploration and survey of which are encouraged by the State;

  (2)areas the exploration and survey of which are encouraged by the State; and

  (3)other circumstances specified by the competent department of geology and mineral resources under the State Council in conjunction with the department of finance under the State Council.

  Article 16 Paid-for obtainment of mineral exploration right may be effected in the form of invitation to tender and bidding.

  The registration administration organs shall determine the areas for invitation to tender pursuant to the terms of reference prescribed in Article 4 of these Measures, issue a tender notice and put forth bidding requirements and date of termination; however, areas for invitation to tender from abroad shall be determined by the competent department of geology and mineral resources under the State Council.

  The registration administration organs shall organize the evaluation of biddings and determine the winning bidder in accordance with the principle of selection on merit. The winning bidder shall, upon payment of the fees prescribed in Articles 12 and 13 of these Measures, go through the formalities of registration, obtain an exploration and survey permit, become a person with mineral exploration right and fulfil the obligations undertaken in the tender.

  Article 17 A person with mineral exploration right should, from the date of obtainment of the exploration and survey permit, complete the minimum exploration and survey input pursuant to the following provisions:

  (1)RMB 2,000 Yuan per square kilometer in the first exploration and survey year;

  (2)RMB 5,000 Yuan per square kilometer in the second exploration and survey year; and

  (3)RMB 10,000 Yuan per square kilometer each exploration and survey year starting from the third exploration and survey year.

  In case of the exploration and survey input in the current year by a person with mineral exploration right is higher than the minimum exploration and survey input rate, the portion higher than the rate may be calculated in the exploration and survey input of the following exploration and survey year.

  A person with mineral exploration right should, within 30 days starting from the date of resumption of normal exploration and survey work, submit a report to the registration administration organ applying for the verification and reduc

tion of corresponding minimum exploration and survey input owing to natural disasters and other causes of force majeure resulting in the impossibility of carrying on normal exploration and survey work; the registration administration organ should give an official reply within 30 days starting from the date of receipt of the report.

  Article 18 A person with mineral exploration right should, within six months starting from the date of obtainment of the exploration and survey permit, begin the construction; a report should be submitted to the department responsible for the administration of geology and mineral resources of the county-level people's government of the locality where in the exploration and survey project is located at the start of the exploration and survey work and a report on the start of construction should be submitted to the registration administration organ.

  Article 19 A person with mineral exploration right may apply for exploitation upon discovery of complex-type mineral deposits conforming to the state-prescribed requirements that exploitation should be proceeded along with exploration in the process of exploration and survey during the period of validity of the exploration and survey permit and go through the formalities of registration for mining upon approval of the registration administration organ.

  Article 20 A person with mineral exploration right should, in case of necessity of trial exploitation during the exploration and survey of such fluid minerals as petroleum and natural gas, file an application for trial exploitation at the registration administration organ and may engage in trial exploitation for one year upon approval; in case of necessity of extension of the time for trial exploitation, formalities of registration must be completed.

  Article 21 A person with mineral exploration right may terminate the minimum exploration and survey input for the corresponding areas upon ascertaining exploitable ore body during the period of validity of the exploration and survey permit subject to the approval of the registration administration organ and may apply for the reservation of the mineral exploration right 30 days prior to the expiry of validity of the exploration and survey permit. However, where there are circumstances that necessitate postponement of exploitation by the State for public interest or there are temporary difficulties in exploitation due to technical conditions are exceptions.

  The maximum time period for the reservation of the mineral exploration right shall not exceed two years. In case of necessity for the extension of the reservation period, applications for extensions may be filed twice with each extension not exceeding two years; the scope of reservation of the mineral exploration right shall be the scope of the exploitable ore body.

  A person with mineral exploration right should, pursuant to the provisions of these Measures, pay the mineral exploration right user's fee during the termination of the minimum exploration and survey input or during reservation of the mineral exploration right.

  The exploration and survey permit should be nullified on expiry of the period of reservation of the mineral exploration right.

  Article 22 A person with mineral exploration right should, within the period of validity of the exploration and survey permit, apply for registration in changes at the registration administration organ in case of any of the following circumstances:

 

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