Provisions on the Protection of the Geologic Environment of Mines
Provisions on the Protection of the Geologic Environment of Mines
Provisions on the Protection of the Geologic Environment of Mines
Order of the Ministry of Land and Resources of the People's Republic of China No. 44
March 2, 2009
The Provisions on the Protection of the Geologic Environment of Mines, which were deliberated and adopted at the 4th executive meeting of the Ministry of Land and Resources on February 2, 2009, are hereby promulgated and shall come into effect as of May 1, 2009.
Minister: Xu Shaoshi
Provisions on the Protection of the Geologic Environment of Mines
Chapter I General Provisions
Article 1 With a view to protecting the geologic environment of mines, decreasing damage to geologic environment of mines caused by exploration and mining of mineral resources, protecting the life and property safety of people, promoting the rational development and utilization of mineral resources as well as the harmonious development of economy, society, resources and environment, these Provisions are formulated in accordance with the Mineral Resources Law of the People's Republic of China and the Regulations on Prevention and Control of Geologic Disasters.
Article 2 These Provisions shall apply to the prevention and restoration of surface collapse, ground fissure, rock fall, landslide, destruction of aquifer, destruction of landscape, etc. due to exploration and mining of mineral resources.
Where the mining of mineral resources involves land reclamation, it shall be implemented in light of laws and regulations of the state concerning land reclamation.
Article 3 The protection of geologic environment of mines shall comply with the principles that prevention comes first while combining prevention and control, that whoever develops protects, that whoever damages restores and that whoever invests benefits.
Article 4 The Ministry of Land and Resources shall be in charge of the nationwide protection of geologic environment of mines.
The local competent administrative department of land and resources at or above the county level shall be in charge of the protection of geologic environment of mines within its administrative region.
Article 5 The state encourages scientific and technological research on protection of geologic environment of mines, popularization of relevant science and technology, spread of advanced technologies and methods, formulation of related technological standards, and improvement of scientific and technological level regarding the protection of geologic environment of mines.
Article 6 The state encourages enterprises, social organizations or individuals to make investment in the restoration of geologic environment of closed or abandoned mines.
Article 7 All units and individuals shall have the right to report and prosecute the illegal acts of damaging the geologic environment of mines.
Chapter II Planning
Article 8 The Ministry of Land and Resources shall be in charge of the nationwide investigation and evaluation of geologic environment of mines.
The competent administrative department of land and resources of a province, autonomous region or municipality directly under the Central Government shall be in charge of the investigation and evaluation of geologic environment of mines within its administrative region.
The competent administrative department of land and resources of a city and county shall carry out the investigation and evaluation of geologic environment of mines within its administrative region in light of the actual situation of the region.
Article 9 The Ministry of Land and Resources shall formulate the national plan for protection of geologic environment of mines based on the investigation and evaluation results of nationwide geologic environment of mines.
The competent administrative department of land and resources of a province, autonomous region or municipality directly under the Central Government shall formulate the protection plan of geologic environment of mines of the province, autonomous region or municipality directly under the Central Government on the basis of the national planning for protection of geologic environment of mines in combination with the investigation and evaluation results of the geologic environment of mines within the administrative region, which shall, after the examination and approval of the Ministry of Land and Resources, be reported to the people's government of the province, autonomous region or municipality directly under the Central Government for approval and implementation.
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