Article 1: In order to strengthen the protection and management of tailings resources, improve the level of comprehensive recycling and ensure the sustainable utilization of mineral resources, in accordance with the "Mineral Resources Law of the People's Republic of China" and the "Luoyang City "Measures for the Management of Mineral Resources" are formulated based on the actual conditions of this city. Article 2 Units and individuals conducting mining and mineral processing operations within the administrative area of ??this city shall abide by these Measures.
The term "tailings resources" as mentioned in these Measures refers to mineral resources that have been mined and selected under existing technical and economic conditions to select some of their useful components. However, they can no longer be sorted and recovered for the time being, but they still contain a certain amount of Mineral processing excrement containing a certain amount of useful components, as well as mineral resources that must be mined simultaneously during the mining process and cannot be comprehensively utilized temporarily, and gangue and waste rocks containing a certain amount of useful components. Article 3 The municipal administrative department of geology and mineral resources is responsible for the supervision and management of the protection and comprehensive development and utilization of tailings resources in the city; the county (city, district) administrative department of geology and minerals is responsible for the supervision and management of the protection and comprehensive development and utilization of tailings resources within its jurisdiction. ; Other relevant administrative departments shall assist the geological and mineral administrative departments at the same level to jointly protect and comprehensively develop and utilize tailings resources in accordance with their respective responsibilities. Article 4 Tailings resources belong to the state, and all units and individuals have the obligation to protect tailings resources.
Units and individuals that have made outstanding achievements in the protection, development and utilization of tailings resources will be commended and rewarded by the municipal, county (city, district) people's government or the geological and mineral administrative department. Article 5 Mining rights holders and other enterprises and individuals engaged in mineral processing activities should build tailings ponds or other storage places that meet national standards to store tailings resources and prevent losses and waste.
If tailings ponds or other storage places are not constructed in accordance with national standards, mineral processing operations shall not be carried out. Article 6 Mining rights holders and other enterprises and individuals engaged in mineral processing activities should formulate specific tailings resource protection measures, strengthen the monitoring and management of tailings resources, and conduct regular statistics and analysis. Relevant information such as the quantity of tailings resources in the previous year and the content of useful components in them should be submitted to the administrative department of geology and mineral resources before January 31 of each year, and relevant information should be provided. No false reports or concealed reports are allowed.
Medium-sized and above enterprises shall report to the municipal geological and mineral administrative department; small and smaller enterprises and individuals shall report to the county (city, district) geological and mineral administrative department. Article 7 If the mining right holder needs to change the use of tailings resources during the production and operation process, he shall report to the geological and mineral administrative department for approval according to the authority specified in Article 6 of these Measures.
When the tailings reservoir is closed, corresponding measures should be taken to protect the tailings resources from loss. Article 8 Mining rights holders, other units and individuals are encouraged to comprehensively develop and utilize tailings resources, and to reduce or exempt resource taxes and mineral resource compensation fees in accordance with relevant regulations. Article 9 To develop and utilize tailings resources, an application should be submitted to the administrative department of geology and mineral resources to obtain mining rights and go through registration.
If a mining enterprise that has obtained mining rights re-exploits and utilizes tailings resources within the mining area during the production and operation process, it will no longer be registered. The mining right holder may retain the right to secondary development and utilization of tailings resources after the mine is closed, but not for more than 3 years.
Units and individuals that specialize in mineral processing activities and develop, utilize or sell tailings resources shall apply for a mining license and pay mineral resource compensation fees in accordance with national regulations. Article 10: Units and individuals that comprehensively develop and utilize tailings resources shall prepare a development and utilization plan and submit it to the municipal administrative department of geology and mineral resources for approval before implementation. Article 11 In case of violation of the provisions of these Measures and any of the following circumstances, the municipal, county (city, district) geological and mineral administrative departments shall make administrative penalty decisions in accordance with their respective powers:
(1) Failure to do so Those who store tailings resources in tailings ponds or other fixed storage places as required by regulations will be ordered to make corrections within a time limit and fined not more than twice the value of the useful components in the illegally discharged tailings resources;
(II) ) Whoever refuses to report, falsely reports or conceals relevant tailings resource information, or refuses to accept supervision and inspection of tailings resources, shall be ordered to make corrections and may be fined not less than RMB 1,000 but not more than RMB 5,000;
(3) Without authorization Anyone who mines or sells tailings resources shall be ordered to make corrections and may be fined not more than twice the value of the useful components in the mined or sold tailings resources;
(4) Changing the tailings without approval If the resource is used for other purposes, it will be ordered to make corrections and a fine of not less than 3,000 yuan but not more than 30,000 yuan may be imposed. Article 12 If the parties concerned are dissatisfied with the administrative penalty decision, they may apply for reconsideration in accordance with the law, or they may directly file a lawsuit in the People's Court in accordance with the law.
If the party concerned fails to apply for reconsideration or bring a lawsuit to the People's Court within the time limit, and fails to implement the administrative penalty decision, the agency that made the penalty decision shall apply to the People's Court for enforcement. Article 13 Any staff member of the geological and mineral administrative agency who neglects his or her duties, abuses his power, engages in malpractice for personal gain, or solicits or accepts property shall be given administrative sanctions; if a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 14: The administrative department of geology and mineral resources shall investigate and deal with reports of violations of these Measures within 60 days, and provide feedback to the reporter. If administrative penalties are imposed upon verification, the reporter shall be given appropriate rewards. The administrative department of geology and mineral resources shall keep the whistleblower confidential. Article 15 These Measures shall come into effect from the date of promulgation.