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: ℃(2)change in target(s) of the exploration and survey work;
(3)transfer of mineral exploration right approved in accordance with law; and
(4)change in the name or address of the person with mineral exploration right.
Article 23 The exploration and survey year, the mineral exploration right user's fee
and the minimum exploration and survey input shall be calculated consecutively for the registration of extension of mineral exploration right and registration of the change(s).
Article 24 A person with mineral exploration right should, within the period of validity of the exploration and survey permit, present a report on the completion of the exploration and survey project or a report on the termination of the exploration and survey project to the registration administration organ and submit statements on fund input and relevant testimonial documents and go through the formalities of nullification registration of the exploration and survey permit upon verification of the actual exploration and survey input by the registration administration organ in case of any of the following circumstances:
(1)failure to go through registration for extension or to apply for the reservation of the mineral exploration right on expiry of the validity of the exploration and survey permit;
(2)whoever applies for the mining right; and
(3)revocation of the exploration and survey project necessitated by unforeseen reasons.
The original person with mineral exploration right must not apply for the mineral exploration right within the scope of areas already nullified within 90 days starting from the date of the nullification of the exploration and survey permit.
Article 25 When the registration administration organ needs to investigate the exploration and survey input and the progress in the exploration and survey work, a person with mineral exploration right should report truthfully and provide relevant materials, and must not make false reports or deceptive reports, nor shall he/she refuse the inspection.
With respect to the request of a person with mineral exploration right for confidentiality of materials for the application for registration, information on the results of the exploration and survey work and the financial statements, the registration administration organ should keep the secrets.
Article 26 Whoever engages in exploration and survey work without authorization and obtainment of the exploration and survey permit or engages in exploration and survey work beyond the approved scope of exploration and survey area(s) in violation of the provisions of these Measures shall be ordered by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council to stop the illegal acts, administered a warning and may concurrently be imposed a fine of less than RMB 100,000 Yuan.
Article 27 Whoever engages in roll-on exploration and exploitation, exploitation along with exploration or trial exploitation without approval and authorization in violation of the provisions of these Measures shall be ordered by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council to stop the illegal acts, administered a warning, confisticated of the illegal gains and may concurrently be imposed a fine of less than RMB 100,000 Yuan.
Article 28 Whoever prints or forges and use the exploration and survey permit assuming another name without authorization in violation of the provisions of these Measures shall be confisticated of the illegal gains and may concurrently be imposed a fine of less than RMB 100,000 Yuan by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources und
er the State Council; where a crime has been constituted, criminal liability shall be investigated according to law.
Article 29 Whoever commits any of the following acts in violation of the provisions of these Measures shall be ordered to make a rectification within the specified time period by the department responsible for the administration of geology and mineral resources of people's government at or above the county level pursuant to the terms of reference prescribed by the competent department of geology and mineral resources under the State Council; whoever fails to make a rectification on expiry of the specified time period shall be imposed a fine of less than RMB 50,000 Yuan; where the circumstances are serious, the organ that originally issued the permit may revoke the exploration and survey permit:
(1)whoever fails to submit or report the relevant information for the record in accordance with the provisions of these Measures, refuses to accept supervision and inspection or practises fraud;
(2)whoever fails to fulfil the minimum exploration and survey input; and
(3)an exploration and survey project which has already obtained the exploration and survey permit fails to start construction on expiry of six months, or termination of the exploration and survey work for six months after construction without reason.
Article 30 Whoever fails to go through the formalities of registering the changes in the exploration and survey permit or nullification of the registration in violation of the provisions of these Measures shall be ordered by the registration administration organ to make a rectification within the specified time period; whoever fails to make a rectification on expiry of the specified time period shall be revoked of the exploration and survey permit by the organ that originally issued the permit.
Article 31 Whoever fails to pay the payable fees prescribed by these Measures on time in violation of the provisions of these Measures shall be ordered by the registration administration organ to make the payment within the specified time period, and to pay an additional percent of fine for delaying payment each day from the date of overdue payment; whoever still fails to make the payment shall be revoked of the exploration and survey permit by the organ that originally issued the permit.
Article 32 Whoever explores and surveys petroleum and natural gas minerals in violation of the provisions of these Measures shall be imposed administrative penalties by the competent department of geology and mineral resources under the State Council pursuant to the relevant provisions of these Measures.
Article 33 A person with mineral exploration right whose exploration and survey permit has been revoked must not apply for mineral exploration right again within six months from the date of revocation of the exploration and survey permit.
Article 34 Any functionary of a registration administration organ who indulges in self-seeking mis conducts, abuses power, neglects duties which constitute a crime shall be investigated of the criminal liability according to law; where a crime has not been constituted, a administrative sanctions shall be imposed according to law.
Article 35 The exploration and survey permits shall be uniformly printed by the competent department of geology and mineral resources under the State Council. Formats of the letter of application for registration, letter of application for registration of change(s), letter of application for registration of reservation of mineral exploration right and letter of application for nullification of registration shall be uniformly worked out by the competent department of geology and mineral resources under the State Council.
Article 36 Whoever goes through formalities of registration for exploration and survey should pay a registration fee pursuant to pr
ovisions. The rates and management of fee collection and measures for their use shall be determined by the competent department of price control under the State Council in conjunction with the competent department of geology and mineral resources and the department of finance under the State Council.
Article 37 Exploration and survey of mineral resources by foreign business investment shall be handled in pursuance of the provisions of these Measures; where there are separate specific provisions of laws and regulations, those provisions shall prevail.
Article 38 In case of Sino-foreign cooperative exploration and survey of mineral resources, the cooperator on the Chinese side should, prior to the conclusion of the contract, submit the relevant documents and materials on areas for cooperative exploration and survey and mineral categories to the organ that originally issued the permit for revivification and opinions to be signed thereon; the contract shall, upon conclusion, be submitted to the organ that originally issued the permit for the record.
Article 39 Those having obtained the exploration and survey permits prior to the implementation of these Measures shall exchange and obtain new exploration and survey permits under uniform organization of the competent department of geology and mineral resources under the State
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