Regulations on the protection of geological environment in mines

Chapter I General provisions

Article 1 These provisions are formulated in accordance with the Mineral Resources Law of the People's Republic of China, the Regulations on the Prevention and Control of Geological Disasters and the Regulations on Land Reclamation for the purpose of protecting the geological environment of mines, reducing the damage to the geological environment caused by the exploration and exploitation of mineral resources, protecting the safety of people's lives and property, and promoting the rational development and utilization of mineral resources and the coordinated development of economy, society, resources and environment.

Article 2 These Provisions shall apply to the prevention, treatment and restoration of ground collapse, ground crack, collapse, landslide, aquifer damage and topographic and geomorphic landscape damage caused by mineral resources exploration and exploitation activities in mining areas.

Where the mining of mineral resources involves land reclamation, it shall be implemented in accordance with State laws and regulations on land reclamation.

Article 3 The protection of mining geological environment shall adhere to the principles of giving priority to prevention and combining prevention and control, who develops and who protects, who destroys and who manages, who invests and who benefits.

Article 4 The Ministry of Natural Resources shall be responsible for the protection of the geological environment of mines throughout the country.

The local departments in charge of natural resources at or above the county level shall be responsible for the protection of the geological environment of mines in their respective administrative regions.

Article 5 The State encourages scientific and technological research on geological environment protection in mines, popularizes relevant scientific and technological knowledge, popularizes advanced technologies and methods, formulates relevant technical standards, and raises the scientific and technological level of geological environment protection in mines.

Article 6 The State encourages enterprises, public organizations or individuals to invest in the rehabilitation and restoration of the geological environment of closed or abandoned mines.

Article 7 Any unit or individual shall have the right to report and file charges against illegal acts that damage the geological environment of mines.

Chapter II Planning

Article 8 The Ministry of Natural Resources shall be responsible for the investigation and evaluation of the geological environment of mines throughout the country.

The departments in charge of natural resources of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the investigation and evaluation of the geological environment of mines within their respective administrative areas.

The municipal and county departments in charge of natural resources shall, according to the actual conditions of their respective regions, carry out the investigation and evaluation of the geological environment of mines in their respective administrative regions.

Article 9 The Ministry of Natural Resources shall, on the basis of the results of the national geological environment survey and evaluation, work out the national geological environment protection plan for mines.

The competent departments of natural resources of provinces, autonomous regions and municipalities directly under the Central Government shall, on the basis of the national plan for the protection of the geological environment of mines and the results of the investigation and evaluation of the geological environment of mines in their respective administrative areas, work out the plans for the protection of the geological environment of mines of provinces, autonomous regions and municipalities directly under the Central Government and submit them to the people's governments of provinces, autonomous regions and municipalities directly under the Central Government for approval and implementation.

The compilation, examination and approval of plans for geological environment protection in mines at the city and county level shall be formulated by the departments in charge of natural resources of provinces, autonomous regions and municipalities directly under the Central Government.

Article 10 The geological environment protection plan for mines shall include the following contents:

(1) present situation and development trend of mine geological environment;

(2) the guiding ideology, principles and objectives of mine geological environment protection;

(3) the main tasks of mine geological environment protection;

(4) key projects for mine geological environment protection;

(5) Planning and implementing safeguard measures.

Article 11 The planning for geological environmental protection in mines shall conform to the planning for mineral resources and be coordinated with the overall planning for land use and the planning for prevention and control of geological disasters.

Chapter III governance restoration

Article 12 When applying for a mining license, the applicant for mining rights shall prepare a plan for mining geological environment protection and land reclamation and submit it to the competent department of natural resources with approval power for approval.

The mine geological environment protection and land reclamation plan shall include the following contents:

(1) basic conditions of the mine;

(2) basic information of mining area;

(3) Assessment of mine geological environment impact and land damage;

(4) Feasibility analysis of mine geological environment management and land reclamation;

(5) mining geological environment management and land reclamation projects;

(6) Mine geological environment management and land reclamation work deployment;

(7) Fund estimation and schedule;

(8) Safeguard measures and benefit analysis.

Article 13 Where the applicant for mining rights fails to prepare the mine geological environment protection and land reclamation plan, or the plan for mine geological environment protection and land reclamation does not meet the requirements, the competent department of natural resources with the approval power shall inform the applicant to make corrections; If no rectification is made within the time limit, the application for mining rights shall not be accepted.

Article 14 Where the mining right owner enlarges the mining scale, changes the mining area or the mining method, he shall work out a new plan for mining geological environment protection and land reclamation and submit it to the original approval authority for approval.

Article 15 The owners of mining rights shall strictly implement the approved plans for geological environment protection and land reclamation in mines.

The design and construction of mining geological environment protection and restoration projects shall be carried out simultaneously with the mining activities of mineral resources.

Article 16 Where the mining of mineral resources causes damage to the geological environment of a mine, the owner of the mining right shall be responsible for restoring it, and the expenses for restoring it shall be included in the production costs.

Where the person responsible for mining geological environment control and restoration is lost, the competent department of natural resources of the city or county where the mine is located shall use the special government funds established with the approval of the city or county people's government to carry out control and restoration.

The Ministry of Natural Resources and the departments in charge of natural resources of provinces, autonomous regions and municipalities directly under the Central Government shall grant financial subsidies to the departments in charge of natural resources of cities and counties in accordance with the mine geological environment protection plan and the requirements of the mine geological environment management project management system.

Article 17 The owners of mining rights shall, in accordance with the relevant provisions of the State, draw up funds for the restoration of mining geological environment. The fund shall be independently used by the enterprise, and shall be used as a whole for the restoration of the mine geological environment and land reclamation according to the budget, project implementation plan and schedule determined by the mine geological environment protection and land reclamation plan.

Article 18 The owners of mining rights shall fulfill the obligations of mine geological environment protection and land reclamation in accordance with the requirements of the mine geological environment protection and land reclamation plan.

If the mining right holder fails to fulfill the obligations of mining geological environment protection and land reclamation, or fails to meet the requirements of the mining geological environment protection and land reclamation plan, the relevant department in charge of natural resources shall order the mining right holder to fulfill the obligations of mining geological environment protection and land reclamation within a time limit.

Article 19 Before a mine is closed, the mining owner shall fulfill the obligations of protecting the geological environment of the mine and of land reclamation. When applying for pit closure procedures, the mining right holder shall pass the acceptance inspection by the competent department of natural resources and submit the acceptance inspection documents.

Article 20 Where the right to mine is transferred, the obligations of mine geological environment protection and land reclamation shall be transferred at the same time. The transferee of mining rights shall, in accordance with these provisions, perform the obligations of mine geological environment protection and land reclamation.

Article 21 Where the owner of the prospecting right does not apply for the mining right after the completion of the prospecting activities for mineral resources by means of trough exploration or pit exploration, the owner shall take appropriate measures for treatment and restoration, backfill and close the boreholes, exploration Wells, troughs and roadways left over by the prospecting for mineral resources, and restore the dangerous rocks and slopes formed so as to eliminate hidden safety risks.

Chapter IV Supervision and administration

Article 22 The departments in charge of natural resources at or above the county level shall supervise and inspect the mining right holders' performance of their obligations for mining geological environment protection and land reclamation.

The relevant responsible persons shall cooperate with the supervision and inspection of the departments in charge of natural resources at or above the county level, and provide necessary information to truthfully reflect the situation.

Article 23 The departments in charge of natural resources at or above the county level shall establish a monitoring system for the geological environment of mines within their respective administrative areas, improve the monitoring network, conduct dynamic monitoring of the geological environment of mines, and guide and supervise the mining rights holders to carry out monitoring of the geological environment of mines.

The owner of the mining right shall regularly report the geological environment of the mine to the competent department of natural resources at the county level where the mine is located, and truthfully submit monitoring data.

The competent department of natural resources at the county level shall regularly report the summarized geological environment monitoring data of mines to the competent department of natural resources at the next level.

Article 24 The competent department of natural resources at or above the county level, when performing the supervision and inspection duties for the protection of the geological environment in mines, shall have the right to carry out on-site inspection of the implementation of the treatment and restoration measures established in the mine geological environment and land reclamation plan and the monitoring of the geological environment in mines, and shall have the right to stop acts violating these provisions and investigate and handle them according to law.

Article 25 Where an emergency occurs in the geological environment of a mine due to mining activities, such as mining mineral resources, the person responsible shall take emergency measures and immediately report to the local people's government.

Chapter V Legal liability

Article 26 Those who, in violation of these provisions, should prepare plans for the protection of the geological environment of mines and land reclamation but fail to do so, or expand the scale of mining, change the scope of mining areas or mining methods, or fail to re-prepare plans for the protection of the geological environment of mines and land reclamation and are approved by the original examination and approval authority, shall be ordered to make corrections within a time limit, and be included in the abnormal list of mining rights owners or the list of serious violations; Those who fail to make corrections within the time limit shall be fined a maximum of 30,000 yuan, and their applications for new mining licenses or for renewal, alteration or cancellation of mining licenses shall not be accepted.

Article 27 Those who, in violation of these provisions, fail to control in accordance with the approved mine geological environment protection and land reclamation plans, or fail to complete the control and restoration before the mine is approved for closure or closure, shall be ordered to make corrections within a time limit and be included in the abnormal list of mining owners or the list of serious violations; Those who refuse to make corrections within the time limit or fail to make corrections shall be fined a maximum of 30,000 yuan, and their applications for new mining rights licenses or for renewal, alteration or cancellation of mining rights licenses shall not be accepted.

Article 28 Those who, in violation of these provisions, fail to draw funds for mining geological environment rehabilitation and restoration in accordance with the provisions shall be ordered by the competent department of natural resources at or above the county level to draw funds within a time limit; Those who fail to make a withdrawal within the time limit shall be fined not more than 30,000 yuan. The competent department of natural resources that issues the mining license shall not adopt the annual report of its mining activities and shall not accept the application for renewal of its mining rights.

Article 29 In violation of the provisions of Article 21 of these Provisions, the owner of the prospecting right fails to take measures for rehabilitation, shall be ordered by the competent department of natural resources at or above the county level to make corrections within a time limit; Those who refuse to make corrections within the time limit shall be fined not more than 30,000 yuan, and their applications for new exploration and mining rights shall not be accepted within five years.

Article 30 Whoever, in violation of these Provisions, disturbs or obstructs the work of mining geological environment protection and restoration, encroachments, damages or destroys mining geological environment monitoring facilities or mining geological environment protection and restoration facilities, shall be ordered by the competent department of natural resources at or above the county level to stop the illegal act, restore to the original state within a time limit or take remedial measures, and be fined not more than 30,000 yuan; If the case constitutes a crime, criminal responsibility shall be investigated according to law.

Article 31 Any staff member of the competent department of natural resources at or above the county level who, in violation of these provisions, neglects his duty, abuses his power or engages in malpractices for personal gain in the supervision and administration of the restoration of the protection and treatment of the geological environment in mines shall be punished according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law.