Township collective mining enterprises include township-run, town-run, village-run and collective mining enterprises run by enterprises, institutions and social organizations.
Individual mining includes professional households and part-time households. Article 3 To exploit mineral resources, one must apply for the mining right and obtain a mining license according to law, and mining without a license is prohibited. The state protects the lawful mining right from infringement.
Mining rights shall not be bought, sold or leased, and shall not be used as mortgage or other forms of transfer. Article 4 The State implements the policy of active support, rational planning, correct guidance and strengthened management for township collective mining enterprises and individual mining.
The state encourages, guides and helps the development of township collective mining enterprises.
The state guides, assists and supervises individuals in mining according to law through administrative management. Fifth mineral resources development and management must adhere to who develops and who protects; Whoever destroys it will be compensated (punished); The principle that whoever pollutes should be treated. Sixth township collective mining enterprises to mine mineral resources within the scope designated by the state:
(a) scattered resources outside the mining area of state-owned mining enterprises;
(2) General nonmetallic deposits and small metal deposits below the medium size that are not included in the mining plan by the state;
(3) Marginal sporadic minerals within the mining areas of state-owned mining enterprises;
(four) the state-owned mining enterprises will no longer mine and recover the non-security residual minerals.
Artisanal mining scope:
(a) scattered resources outside the mining area of state-owned mining enterprises;
(two) sand, stone and clay that can only be used as ordinary building materials;
(three) a small amount of minerals for personal use. Article 7 It is forbidden to exploit mineral resources in the following areas:
(a) the areas specified in Article 17 of the Mineral Resources Law;
(2) Mining areas planned by the people's governments at or above the county level and under exploration, mining areas of great value to the national economy and specific minerals subject to protective mining;
(three) all kinds of safety pillar and abandoned dangerous mines;
(four) within a certain distance near the reservoir or village. Article 8 An application for issuing a mining license shall meet the following conditions:
Township collective mining enterprises should have:
(1) Having reliable mineral resources (including corresponding maps and text descriptions);
(2) The mining location and scope are clear;
(3) It has a mining plan, technical conditions for infrastructure production, safety measures, environmental protection and soil and water conservation measures that are suitable for production;
(four) the exploitation of small and medium-sized deposits must have the infrastructure conditions.
Artisanal miners should have:
(1) Having certain mineral resources;
(two) there is a clear mining location and scope;
(three) there are corresponding safety conditions, mining technology and measures to protect resources. Ninth mining examination and approval authority belongs to the people's governments at or above the county level.
(a) the establishment of township collective mining enterprises and individual mining within the administrative area of counties (including county-level cities and districts, the same below) shall be subject to the approval of the local county (city) people's government.
(two) the township collective mining enterprises established across counties shall be examined and approved by the administrative office or the municipal people's government under the provincial jurisdiction.
Township collective mining enterprises established across cities and regions shall be examined and approved by the provincial people's government.
(three) township collective mining enterprises in the edge of state-owned mines to exploit sporadic mineral resources or recover residual mineral resources, must obtain the consent of the mine, and be audited by the higher authorities of state-owned mines. Where state-owned mining enterprises are established at the local, municipal and county levels, they shall be examined and approved by the administrative office and the municipal and county people's governments respectively; All mining in the mining area of the central or provincial state-owned mining enterprises must be approved by the provincial people's government. The mining scope shall be put forward by the local people's government and the competent department of state-owned mines in consultation with relevant parties, and shall be examined and approved by the competent department of geology and mineral resources.
(4) The exploitation of specific minerals subject to protective mining as stipulated by the state shall be examined by the relevant competent department of the local county people's government and submitted to the relevant competent department of the provincial people's government or transmitted to the relevant competent department of the State Council for examination and approval. Tenth competent departments of Geology and mineral resources at all levels shall be responsible for issuing mining licenses. Where to apply for the establishment of township collective mining enterprises and individual mining, before approval, the competent department of geology and mineral resources at the same level of the approval authority shall, jointly with relevant departments, review the conditions for running mines, sign opinions, and issue mining licenses according to the approval documents after approval. Units or individuals that have been allowed to mine shall apply to the administrative department for industry and commerce for a business license with the mining license, go through the tax registration formalities, and report the commencement of work to the issuing authority in time.
Where the mining license is not constructed within one year, the mining license will automatically become invalid. Article 11 An application report must be submitted to the original approval authority for examination and approval if a mine is closed or the mining scope is changed.
When the mine construction or mining is terminated for some reason, the cancellation procedures shall be handled and the mining license and business license shall be cancelled. Twelfth people's governments at all levels and relevant competent departments shall actively support township collective mining enterprises and individual mining:
(a) the people's governments at all levels and the competent department of Geology and mineral resources should strengthen leadership and management, overall planning, rational distribution, and actively arrange for the development of mining production in the region.
(two) the relevant business departments at all levels should actively help township collective mining enterprises and individual miners to carry out technological transformation, provide information, improve management and strengthen safety in production. Banks, supply and marketing, transportation and industrial and commercial management departments should give active support in fund raising, production conditions, material supply, transportation and other aspects.
(3) Geological exploration units, state-owned mining enterprises and relevant scientific research and design departments shall, on the principle of compensation and reciprocity, give advice and guidance on geological data, production technology, technical training and safety measures to help carry out safety technical testing.
(four) to encourage the development of horizontal joint between state-owned, collective and individual miners.