Mining enterprise compliance management practice points seven: project construction compliance

3) Complete social stability risk assessment

When the construction unit organizes and carries out the preliminary work of the mine project, it shall investigate and analyze the social stability risk, consult the relevant masses, find and list the risk points, the possibility of risk occurrence and the degree of impact, put forward plans and measures to prevent and resolve the risk, and put forward suggestions on the level of social stability risk after taking relevant measures. The project approval declaration document shall contain the opinions on the social stability risk assessment report of the project, and attach the social stability risk assessment report.

4) Obtain the approval of the demarcation of the mining area

The demarcation of mining area belongs to the examination and approval process of mining right management. After the completion of mineral exploration and before filing an application for the mining right, the owner of the prospecting right shall apply to the registration administration authority for the delineation of the mining area on the basis of the geological exploration reserve report that has been reviewed and filed. Since some provincial natural resources authorities require mine construction projects to provide approval of demarcated mining area when they handle the pre-examination procedures for construction projects, the approval of demarcated mining area is also a prerequisite for mine project approval.

2. Key points of approval for mine project approval procedures

1) Scope of mine project to be approved and approval authority

Among coal mine projects, coal development projects with an additional annual production capacity of 1.2 million tons or more in coal mining areas planned by the State shall be approved by the industrial administrative department under The State Council, and projects with an additional annual production capacity of 5 million tons or more shall be approved by the competent investment department under The State Council and reported to The State Council for the record; Other coal development projects and general coal development projects within the mining areas planned by the State shall be approved by the competent investment departments of provincial governments. The development projects of iron ore and non-ferrous mines shall be approved by the competent investment departments of provincial governments. Rare earth and gold mine development projects shall be approved by provincial government investment authorities or industry authorities. Mining development projects outside the above-mentioned scope shall be subject to archival administration.

2) Review and decision of project approval

If the project approval authority needs to evaluate after formally accepting the project application report, it shall, in accordance with relevant provisions, entrust the engineering consulting institution with corresponding qualifications to conduct the evaluation. Where the construction of a project may have a significant impact on the public interest, the project approval authority shall take appropriate measures to solicit public opinion before making an approval decision. If the project meets the approval conditions, the project approval authority shall approve the project within the statutory time limit and issue the project approval document to the project unit.

3) Project approval effectiveness and approval changes

The construction unit shall start construction within 2 years from the issuance of the project approval document by the approval authority. If it is necessary to postpone the commencement of construction, the project unit shall apply to the project approval authority for an extension of the commencement of construction 30 working days before the expiration of the 2-year period. After the mine project has obtained the approval document, if the construction site has changed, the investment scale, construction scale, construction content has changed greatly, etc., the construction unit shall submit an application for change to the approval organ.

(2) Key points of compliance in the approval process of mining project commencement construction

In the process of preparing for the construction of a mine project, the construction unit needs to complete many other administrative approval items in addition to obtaining the project approval reply. Specific attention should be paid to the following compliance obligations:

1. Acquisition of mining rights

China implements licensing management of mineral resources. An enterprise applying for mining mineral resources shall be examined and registered by the competent department of natural resources and a mining license shall be issued. There are three main ways for mining enterprises to obtain mining rights: first, after obtaining exploration rights, mining enterprises can register mining rights through exploration and mining procedures after obtaining reserves through mineral resources exploration; Second, in accordance with the relevant provisions, directly in a competitive way or agreement to transfer the mining rights; Third, the mining rights are acquired through the secondary market transfer.