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2023
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12
Heavy! The revised draft of the Mineral Resources Law was considered for the first time!
Mineral resources are an important material basis for economic and social development, and the exploration and development of mineral resources is related to the national economy, people's livelihood and national security. The mineral resources law was set in 1986, and some provisions were revised in 1996 and 2009. This law has been in force for more than 30 years and has played a positive role in promoting the development of the mining industry and strengthening the exploration, development, utilization and protection of mineral resources.
On December 25, entrusted by the State Council, Wang Guanghua, Minister of natural resources, made an explanation on the revised draft of the mineral resources law at the seventh meeting of the Standing Committee of the 14th National People's Congress.
Mineral resources are an important material basis for economic and social development, and the exploration and development of mineral resources is related to the national economy, people's livelihood and national security. The mineral resources law was set in 1986, and some provisions were revised in 1996 and 2009. This law has been in force for more than 30 years and has played a positive role in promoting the development of the mining industry and strengthening the exploration, development, utilization and protection of mineral resources.
This revision of the Mineral Resources Law follows the following general ideas: highlight the goal of ensuring the safety of national mineral resources, focus on strengthening the domestic exploration and development of mineral resources and increasing storage and production, improving the level of economical and intensive utilization, and improving the ability to ensure emergency supply, so as to consolidate the foundation of the national mineral resources safety system in all aspects; adhere to the problem orientation, focus on the key links and major issues such as the transfer of mining rights, mineral resources exploration and mining, ecological restoration of mining areas, mineral resources reserves and emergency response, improve the system design, enhance pertinence and effectiveness, follow the laws of geological work and mining development, ensure that the system design conforms to the actual situation and characteristics of mineral resources exploration and mining, and effectively play the positive role of the combination of legal system incentive guidance and normative constraints.
The revised draft consists of eight chapters and 76 articles, and makes a more comprehensive revision of the current mineral resources law.
Strengthen the domestic exploration and development of mineral resources and increase storage and production. One is to strengthen policy support. It is stipulated that the state should improve policies and measures, strengthen basic geological survey work, increase support for the exploration and exploitation of strategic mineral resources, promote the increase of reserves and production capacity of strategic mineral resources, promote the optimization and upgrading of strategic mineral resources industry, and improve the security level of mineral resources, It also makes clear provisions for the organization and development of basic geological survey work and the prospective investigation and potential evaluation of strategic mineral resources. The second is to improve the mining rights system. Optimize the way of obtaining mining rights, stipulate that mining rights can be obtained through competitive transfer, and clarify the laws, administrative regulations or the State Council's regulations can be obtained through other means; improve the starting mechanism of mining rights transfer, encourage units and individuals to provide the source of prospecting rights to the competent department of natural resources and submit applications for transfer; standardize the transfer of mining rights, and ensure that the transfer of mining rights meets the actual needs of strengthening the exploration and mining of mineral resources; strengthen the regulation and guidance of the collection of proceeds from the transfer of mining rights, and clearly formulate the method of collecting proceeds from the transfer of mining rights should be conducive to mobilizing the enthusiasm of mineral resources exploration; strengthen the protection of the rights of mining rights owners. The third is to strengthen the protection of strategic mineral resources. It is clear that strategic mineral resources shall not be overlaid in principle, and those that really need to be overlaid shall be approved by the competent department of natural resources under the State Council or the competent department of natural resources of the people's government of the province, autonomous region or municipality directly under the Central Government authorized by it. Fourth, improve the mining land system that is compatible with the exploration and exploitation of mineral resources. If it is clear that it is really necessary to use the land collectively owned by farmers for the exploitation of strategic mineral resources, expropriation may be carried out in accordance with the law, and the land occupied by open-pit mining of strategic mineral resources may be used temporarily with the approval of the competent department of natural resources of the people's government at or above the provincial level.
Strengthen the management of mineral resources exploration and exploitation. First, improve the exploration and mining licensing system. To meet the requirements of the reform of the mining rights system, separate the acquisition of mining rights from the acquisition of exploration licenses and mining licenses, and stipulate that before the mining rights holder conducts mineral resources exploration and mining operations, he shall separately prepare exploration plans and mining plans, and report to the original mining rights transfer department for approval to obtain exploration licenses and mining licenses. The second is to maintain the order of exploration and mining activities. It is stipulated that the prospecting and mining of mineral resources by the mining right holder may pass through adjacent areas in accordance with the law and erect relevant facilities; no unit or individual may interfere with or disrupt the normal progress of mineral resources prospecting and mining activities. The third is to promote rational development and utilization. It is stipulated that the exploration and mining of mineral resources shall adopt advanced and applicable processes, equipment and technologies that meet the requirements of ecological environment protection and production safety; the symbiotic and associated minerals shall be comprehensively mined and rationally utilized; the mining right holder is required to take effective measures to ensure that the mining recovery rate, mineral processing recovery rate and comprehensive utilization rate of mineral resources meet the requirements of relevant national standards. Fourth, the establishment of resource reserves management system.
Improve the ecological restoration system in mining areas. Add a chapter on "ecological restoration of mining areas" to clarify the main body responsible for ecological restoration of mining areas; Encourage social capital to participate in ecological restoration of mining areas; Require mining rights holders to prepare ecological restoration plans for mining areas and carry out ecological restoration of mining areas according to the plans; Clarify that the ecological restoration of mining areas should be accepted and qualified; Require mining rights holders to extract the ecological restoration costs of mining areas according to regulations.
In addition, the revised draft also makes provisions and adjustments for the establishment of mineral resources reserves and emergency response systems, strengthening supervision and management, improving legal responsibilities, implementing equal protection of property rights, and equal participation in market competition.
Source: People's Daily
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