State Council: Amends and Repeals Five Mining-Related Regulations, Including Those on Mining Rights
Release time:
2017-05-09
Source:
Today, Mining Hub takes you on a quick overview of the recently revised mining-related regulations.
1. Cancel the registration of changes to mining rights production scale.
On March 14, the Ministry of Natural Resources issued a notice amending Article 25 of the “Notice on Further Improving Issues Related to the Registration and Management of Mining Rights” to read:
For applications to change the primary mined mineral species, the relevant reserve evaluation and filing documents shall be submitted, and, as necessary, the reviewed and approved mineral resource development and utilization plan and the environmental impact assessment report shall also be submitted.
Among these, if a mineral resource is reclassified from a high-risk type to a low-risk type, the mining rights fee must also be paid. If the classification is changed to a mineral resource subject to national total production control (including gold, tungsten, tin, antimony, and ion-adsorption rare earth minerals), the change must also comply with relevant national macro-control regulations and total production control requirements, and must be approved after expert review and public announcement with no objections raised.
To apply for a change in the mine’s name, the relevant supporting documents must be submitted.
The holder of a mining right shall apply to the registration authority for a change of registration within the validity period of the mining permit.
Interpretation
This amendment abolishes the administrative approval requirement for registering changes in the production scale of mining rights. Over the past three years, the State Council has approved the cancellation of nine mining rights approval items, including the removal of the minimum registered capital threshold for applicant enterprises in mining rights approval and registration, as well as the relaxation of market access conditions, thereby further boosting market vitality and development momentum.
II. Total Production Control for Rare Earth and Tungsten Mining
Recently, in order to protect and rationally develop advantageous mineral resources, the Ministry of Natural Resources issued a notice stating that total mining quotas for rare earth and tungsten mines would be implemented in 2017. Based on actual needs, the total mining quota indicators for rare earth and tungsten mines for 2017 were allocated in two batches.
The total quota for the first batch of rare earth mineral (rare earth oxides, REO, hereinafter the same) mining in 2017 nationwide was 52,500 tons, of which 8,950 tons were allocated to ion-adsorption type rare earth minerals (primarily medium- and heavy-rare earths), and 43,550 tons were allocated to rock-type (light) rare earth minerals.
The total annual quota for the first batch of tungsten concentrate (with a tungsten trioxide content of 65%, the same applies hereinafter) mined in 2017 was 45,650 tons, of which the primary mining quota was 36,550 tons and the quota for comprehensive utilization was 9,100 tons.
The annual total extraction quota will be issued in a timely manner during the second quarter, based on relevant national policies and market conditions.
III. Integration of Mineral Rights Registration and Real Estate Registration
The Ministry of Natural Resources recently released the "Pilot Work Plan for Unified Property Rights Registration of Mineral Resources with Proven Reserves" (hereinafter referred to as the "Plan"), which aims to actively and steadily advance the unified registration of property rights for mineral resources with proven reserves (hereinafter referred to as "mineral resource property rights registration").
This work must uphold the principle of state ownership of mineral resources, with “clearing up assets, establishing accounts, and building a platform” as the primary tasks.
Main content:
Carry out registration and confirmation of mineral resource rights, clearly delineate the boundaries between different types of mineral resources, and clearly define the boundaries for the exercise of ownership rights by governments at various levels—central and local.
In accordance with legal provisions, determine the types and contents of property rights for mineral resources with proven reserves, and carry out unified registration and confirmation of these rights.
Adhere to the foundation of real estate registration, establish a system for confirming and registering mineral resource rights, achieve an organic integration of mineral resource rights registration with real estate registration, and enable seamless interoperability and information sharing with other natural resource management systems.
IV. Coal Mine Safety Production Permit
Amend Article 6, Item 7 of the “Implementation Measures for Safety Production Licenses for Coal Mining Enterprises” (promulgated by Order No. 86 of the State Administration of Work Safety on February 16, 2016) to read: “Develop emergency rescue plans and establish mine rescue teams in accordance with regulations, and equip them with rescue equipment. Coal mining enterprises that do not meet the conditions for establishing a separate mine rescue team shall have their affiliated coal mines set up part-time rescue teams and sign rescue agreements with nearby rescue teams.”
Meanwhile, 13 documents—including the “Seven Regulations on Protecting Miners’ Life Safety Issued by Coal Mine Directors”—are being abolished.
V. Geological Data Management
On March 22, the "Decision of the State Council on Amending and Repealing Certain Administrative Regulations" was promulgated. Among other provisions, Article 15, paragraph 2 of the "Regulations on the Administration of Geological Data" was amended to read: “Geological data not covered by the preceding paragraph shall be made publicly available within 90 days from the date of submission by the Geological Data Repository or the geological data custodian unit. For data requiring protection, the receiving entity shall provide such protection in accordance with the regulations issued by the competent department for geology and mineral resources under the State Council.”
Interpretation
This amendment removes the requirement for registration of geological data protection, and geological data protection can now be handled by the relevant institutions responsible for managing geological data.
(Source: Mining Hub)