Regulations on the Supervision and Management of Investment in Mineral Resource Exploration in the Xinjiang Uygur Autonomous Region
Release time:
2024-06-03
Source:
Announcement of the Standing Committee of the 14th People’s Congress of the Xinjiang Uygur Autonomous Region
(Number 29)
The “Regulations on the Supervision and Management of Investment in Mineral Resource Exploration in the Xinjiang Uygur Autonomous Region” were adopted at the 11th Session of the Standing Committee of the 14th People’s Congress of the Xinjiang Uygur Autonomous Region on May 30, 2024. They are hereby promulgated and shall take effect as of the date of promulgation.
Hereby announced.
Standing Committee of the People's Congress of the Xinjiang Uygur Autonomous Region
June 1, 2024
Regulations on the Supervision and Management of Investment in Mineral Resource Exploration in the Xinjiang Uygur Autonomous Region
(Adopted at the 11th Session of the Standing Committee of the 14th People's Congress of the Xinjiang Uygur Autonomous Region on May 30, 2024)
Article 1: In order to strengthen the supervision and management of investment in mineral resource exploration, maintain exploration order, protect the rights and interests of the state as the owner of mineral resources and the legitimate rights and interests of prospecting right holders, activate mineral resources, and promote their rational development and utilization, these Provisions are formulated in accordance with the Mineral Resources Law of the People’s Republic of China, the State Council’s “Administrative Measures for the Registration of Mineral Resource Exploration Blocks,” and other relevant laws and administrative regulations, combined with the actual conditions of the autonomous region.
Article 2: These Regulations apply to the supervision and management of exploration investments made by prospecting right holders who have legally obtained mineral resource exploration permits within the administrative region of the autonomous region.
Article 3: People's governments at or above the county level shall strengthen their leadership over the supervision and management of exploration investment by mineral exploration right holders within their administrative jurisdictions.
The departments of natural resources under the people's governments at or above the county level are responsible for the supervision and management of exploration investment by mineral exploration right holders; other relevant departments shall perform their respective duties accordingly.
Article 4: The holder of a prospecting right shall, from the date of obtaining the mineral resource exploration license, carry out exploration activities in accordance with the exploration inputs, working methods, and work volumes specified in the mineral resource exploration implementation plan.
Article 5: Exploration expenditures shall be accounted for on a per-prospecting right basis, determined by reference to the geological exploration contract, original exploration data, actual work volume, and vouchers for receipt and payment of exploration expenses. The scope of accounting shall include expenditures incurred for topographic mapping, geological surveying, remote sensing, geophysical prospecting, geochemical prospecting, drilling, mountain engineering, rock and mineral testing, site construction, comprehensive analysis, scientific research, and other expenditures directly related to mineral resource exploration activities.
Article 6: The investment in mineral resource exploration shall not be lower than the standards prescribed by the state. If the explorer’s exploration investment for a given year exceeds the minimum exploration investment standard, the amount exceeding the standard may be carried forward and counted toward the exploration investment for the following year.
Article 7: The natural resources authorities of people's governments at or above the county level shall conduct supervision and inspection of exploration investments made by prospecting right holders, based on the information reported in the Mineral Rights Holder Exploration and Mining Information Management System and the Implementation Plan for Mineral Resource Exploration.
If any of the following circumstances exist, an inspection and supervision of exploration investments shall be conducted at least once a year:
(1) Determined by random lottery according to the proportions prescribed by the state in the mineral rights holder’s exploration and mining information management system;
(2) Those who have been ordered to make corrections within the past three years for failing to meet the minimum exploration investment standards;
(3) Reports submitted by citizens, legal entities, or other organizations that require verification.
The departments of natural resources under the people's governments (administrative offices) of autonomous regions, prefectures, and cities may conduct special spot checks as needed to carry out daily supervision and maintain order in the mining industry.
Article 8: The departments of natural resources under the people's governments at or above the county level shall carry out supervision and inspection of exploration investments. Prospecting right holders shall cooperate and provide relevant materials truthfully, and shall not make false or concealed reports, nor shall they refuse to accept such supervision and inspection.
Article 9: If a prospecting rights holder fails to meet the minimum exploration investment requirement, refuses to accept supervision and inspection, or engages in fraudulent practices, the competent department of natural resources under the people's government at or above the county level shall order it to make corrections within a specified time limit. If the holder fails to make corrections within the deadline, it shall be fined according to law and ordered to make corrections again. If the holder still refuses to make corrections, the original issuing authority shall revoke its mineral resource exploration license in accordance with the law.
If, within the rectification period specified in paragraph 1 of this article, the exploration right holder voluntarily applies to the mining rights registration and management authority to reduce the exploration area, and if the exploration investment within the reduced exploration area meets the standards prescribed by the state, such reduction shall be deemed as completion of the rectification.
Article 10: Staff members of the natural resources authorities and other relevant departments under the people's governments at or above the county level who abuse their powers, neglect their duties, or engage in malpractice and corruption in the supervision and management of exploration investments shall be disciplined according to law; if their actions constitute a crime, they shall be prosecuted for criminal liability according to law.
Article 11: These Regulations shall take effect as of the date of their promulgation.