Detailed Rules for the Implementation of the Law of the People's Republic of China on Mineral Resources

Detailed Rules for the Implementation of the Law of the People's Republic of China on Mineral Resources - 1994

Order of the State Council of the People's Republic of China [1994] No. 152

March 26, 1994

Chapter I General Provisions

Article 1 Pursuant to the Law of the People's Republic of China on Mineral Resources, these Rules are enacted.

Article 2 Mineral resources mean the natural resources which are formed by geological action, bear value for use and take the solid, liquid or gaseous state.
The varieties and classification of mineral resources are referred to the ``Classified Catalogue of Mineral Resources'' appended to these Rules. Any newly-discovered mineral variety shall, after approval by the State Council, be announced by the competent department of the State Council for geology and minerals.

Article 3 All mineral resources are owned by the State, and the State ownership over surface and subsurface mineral resources shall not be changed by reason of the variance of the ownership or use right of the land to which the mineral resources are attached.
The State Council represents the State to execute the ownership over mineral resources. The State Council authorizes the competent department of the State Council for geology and minerals to impose a unified control over the allocation of mineral resources in the whole country.

Article 4 Any person who prospects or mines mineral resources in the territory of the People's Republic of China and in other sea areas under its jurisdiction must abide by the Law of the People's Republic of China on Mineral Resources (hereinafter referred to as the ``Mineral Resources Law'') and these Rules.

Article 5 The State implements a permit system for the prospecting and mining of mineral resources. Any person desiring to conduct prospecting of mineral resources must apply for registration according to law, seek a prospecting permit and acquire the right of prospecting; any person desiring to conduct mining of mineral resources must apply for registration according to law, seek a mining permit and acquire the right of mining.
For the purposes of delineating the boundary of prospecting area and the mining site, the block divided by longitude and latitude shall be the basic unit. The competent department of the State Council for geology and minerals shall devise the concrete methods.

Article 6 In the Mineral Resource Law and these Rules, the meanings of the following terms are as follows:
The right of prospecting means the right to prospect mineral resources within the boundary delineated in the prospecting permit which is obtained according to law. An unit or individual that has obtained the prospecting permit is referred to a person entitled to prospect the mineral.
The right of mining means the right to mine mineral resources and obtain the mineral products mined within the boundary delineated in the mining permit which is obtained according to law. An unit or individual that has obtained the mining permit is referred to a person entitled to mine the mineral.
The special minerals for which the State adopts a protective mining mean the minerals which are determined by the State Council in accordance with the needs of the national economic construction and high-technology development and the extent of scarcity and valuableness of the resources, and for which their mining shall be approved by relevant competent departments of the State Council according to the State's plan.
State-planned mine sites mean the mineral resources areas which are, in accordance with the construction plan and mineral resources plan, designated by the State for the construction of large- or medium-sized mines.
Mine sites having significant value to the national economy mean the protection zones of mineral resources which are designated by the State in accordance with the needs of the national economic development but is not included in the State's construction plan, and which, large in quantity and good in quality, have good prospect for future development.

Article 7 The State permits foreign companies, enterprises and other economic organizations as well as individuals, in pursuance of the provisions of relevant laws and administrative regulations of the People's Republic of China, to invest in prospecting and mining of mineral resources in the territory of the People Republic of China and other sea areas under its jurisdiction.

Article 8 The competent department of the State Council for geology and minerals is in charge of the supervision and control work in mineral resources prospecting and mining in the whole country. Relevant competent departments of the State Council shall, according to their respective duties and functions prescribed by the State Council, assist the said department to carry out such supervision and control.
Competent departments for geology and minerals of people's governments of provinces, autonomous regions and municipalities directly under the Central Government, are in charge of the supervision and control work in the mineral resources prospecting and mining within their respective jurisdictions. Relevant competent departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist the said departments at their respective level to carry out such supervision and control.
People's governments of cities divided into districts, of autonomous prefectures and of counties, and their departments which are responsible for the control of mineral resources, shall carry out according to law supervision and control over the state-owned mine enterprises approved to be established by the people's government of the same level, mine enterprises under collective ownership, private mine enterprises and individual miners within their respective administrative domains as well as the units and individuals engaging in prospecting construction within their respective administrative domains, and protect the legitimate rights and interests of the persons entitled to prospect and to mine the minerals according to law.
The competent superior department for geology and minerals is entitled to redress or cancel the administrative control behaviors on mineral resources prospecting and mining of the competent lower department for geology and minerals, which are illegal or improper.

Chapter II Mineral Resources Prospecting Registration and Mining Consideration and Approval

Article 9 Any person desiring to conduct prospecting of mineral resources shall, in accordance with the State Council's regulations on the management of mineral resources prospecting registration, complete the process of application, consideration and approval and prospecting registration.
Any prospecting of special minerals shall be subject to application, consideration and approval as well as prospecting registration according to relevant regulations of the State Council.

Article 10 A State-owned mine enterprise intending to mine mineral resources shall, in pursuance of the State Council's regulations on the management of mining registration, complete the process of application, consideration and approval and mining registration. At the time of undergoing application, consideration and approval and mining registration for the mining of minerals in the State planned mine sites and the mine sites having significant value to the national economy, as well as special minerals for which the State adopts a protective mining, the documents of approval issued by relevant competent departments of the State Council shall be submitted.
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