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Notice from the Shandong Provincial Department of Natural Resources and Planning on Issuing the “Administrative Measures for the Overlying of Important Mineral Resources in Construction Projects in Shandong Province”
Release time:
2016-06-27
Source:
To the Land and Resources Bureaus of all cities, all divisions within the Department’s headquarters, and relevant geological exploration units:
To effectively protect and rationally utilize important mineral resources and further standardize the management of projects that overlay such resources, in accordance with relevant national laws and regulations and the "Notice of the Ministry of Natural Resources on Further Strengthening the Approval and Management of Projects Overlying Important Mineral Resources" (Guotu Zifa [2010] No. 137), and taking into account the actual conditions of our province, the Provincial Department of Natural Resources has formulated the "Administrative Measures for the Overlay of Important Mineral Resources by Construction Projects in Shandong Province," which are hereby issued and put into effect.
Shandong Provincial Department of Natural Resources and Planning
March 2, 2016
Administrative Measures for the Overlying of Important Mineral Resources in Construction Projects in Shandong Province
Chapter 1 General Provisions
Article 1: In order to effectively protect and rationally utilize important mineral resources and further standardize the management of projects that overlay such resources, this Regulation is formulated in accordance with relevant provisions including the Mineral Resources Law of the People’s Republic of China and the Measures for Implementing the Mineral Resources Law of the People’s Republic of China in Shandong Province, and taking into account the actual conditions of our province.
Article 2: These Measures apply to the approval and management of projects with individually selected sites within the administrative jurisdiction of this province, as well as to the approval and management of new construction land in urban areas designated in the overall land-use plans of cities and counties (cities and districts) (hereinafter referred to as the “Plan”) that overlay important mineral resources.
Article 3: The important mineral resources referred to in these Measures shall mean the 34 mineral species listed in the Appendix to the “Administrative Measures for the Registration of Mineral Resource Exploitation” as well as the province’s advantageous minerals (Attachment 1).
The identified important mineral resources referred to in these Measures are those that have been discovered through geological exploration and subsequently reviewed and filed.
The term "overlying critical mineral resources" refers to situations in which, under current technological and economic conditions, the identified critical mineral resources within the affected area can no longer be explored or developed due to the implementation of a construction project.
Article 4: The approval of projects that overlay important mineral resources shall be handled by the administrative departments of natural resources at or above the provincial level.
Chapter 2: Management of Overlying Critical Mineral Resources
Article 5: Before selecting a site for a project requiring a separate site, the project developer shall consult the administrative department of natural resources at or above the county level to obtain information on the mineral resource plan, the distribution of mineral resources, and the status of mining rights in the area where the proposed project is located (Appendix II). If the consultation reveals that the proposed construction project will overlap with areas containing identified important mineral resources, the project developer shall adjust the site-selection plan. If it is impossible to select an alternative site, the developer must strike a balance between protecting mineral resources and advancing the project, thereby avoiding or minimizing the overlap with important mineral resources.
Article 6: When preparing, amending, or adjusting the overall land-use plans of municipalities and counties (municipalities and districts) that involve the addition of new construction land, the local administrative department of natural resources shall, during the planning preparation stage, take full account of the identified distribution of reserves of important mineral resources and the status of mineral resource planning in the locality. They shall also carefully consider the relationship between urban development and the protection of vital mineral resources, and accordingly determine rationally the direction of urban development, the layout of newly designated urban construction land, and the boundaries of urban planning areas.
Article 7: If a construction project overlaps with an area containing identified important mineral resources within the scope of the project or within the urban planning zone, the construction entity or the entity responsible for preparing the urban plan may, as required, either prepare themselves or commission a relevant institution to prepare the “Assessment Report on the Overlap of Construction Projects with Important Mineral Resources” (hereinafter referred to as the “Assessment Report”; the outline for preparation is provided in Appendix Three), and submit it to the provincial administrative department of land and resources for expert review.
Article 8: Without the approval of the land and resources administrative authority at or above the provincial level, construction entities shall not overlay or cover already identified important mineral resources. If it is indeed necessary to overlay or cover already identified important mineral resources, the entity must go through the prescribed approval procedures and complete the registration procedures for the reserves of the overlaid mineral resources.
Mining areas with reserves of coal for coking, iron-rich ores, rare earth elements, molybdenum, potash salts, diamonds, and other mineral resources that are classified as medium-sized or larger shall, in principle, not be overlaid by other projects. However, this does not apply to major national construction projects approved by the State Council or approved by the constituent departments of the State Council in accordance with national industrial policies.
Article 9: The administrative departments of land and resources at all levels shall not establish mining rights over important mineral resources that have been approved for construction projects and are overlaid by such projects.
Article 10: Those meeting the following conditions may be exempted from overlying resource assessment and are not required to go through the procedures for registering reserves of overlying mineral resources:
(1) After verification, if the scope of the construction project overlaps with the mining rights area or the planned zone but does not affect the normal exploration and mining of important mineral resources;
(2) Critically important mineral resources that are currently overlain shall not be mined for the time being. When mining is permitted in the future, advanced mining methods shall be adopted, and a mining technical plan shall be prepared. The plan shall be implemented only after being demonstrated and approved, provided that it does not affect the normal operation of the construction project, and provided further that the legal entity of the construction project has signed a relevant agreement with the mining rights holder.
(3) Construction projects undertaken by mining enterprises within the scope of their mining area that overlie important mineral resources but do not affect the exploration or mining activities of other mining right holders.
Article 11: If a construction project does not overlap with any mining rights or lie within a planned area containing identified important mineral resources, the project entity shall, after consulting the land and resources administrative authorities at both the county and city levels where the project is located, submit the consultation form to the provincial land and resources administrative authority.
For construction projects requiring land use approval from the State Council, the provincial administrative department of natural resources shall issue a certificate confirming that the project does not overlap with important mineral resources.
Article 12: The determination of the scope of overlying important mineral resources and the estimation of resource reserves for construction projects shall comply with relevant national laws, regulations, technical standards, and procedural requirements.
Chapter 3: Approval Procedures for Overlying Critical Mineral Resources
Article 13: The overlaying of the following identified important mineral resources shall be reviewed by the provincial department in charge of land and resources administration and submitted to the Ministry of Natural Resources for approval.
(1) Those that overlay oil, natural gas, and radioactive minerals;
(2) The cumulative identified reserves of the 34 mineral types listed in the Appendix to the “Administrative Measures for the Registration of Mineral Resource Exploitation” that are overlain by mining activities reach or exceed the scale of a large-scale mining area, or the identified reserves of the mining area itself reach the large-scale level and the reserves overlain by mining activities account for more than one-third of the total identified reserves.
Article 14: The approval of overlaying the following identified important mineral resources shall be handled by the provincial administrative department of land and resources:
(1) Major minerals other than those specified in Article 13 of these Measures;
(2) Advantageous mineral resources of this province.
Article 15: For the approval of projects that overlie important mineral resources, the following materials shall be submitted:
(1) Application documents for the approval of projects that overlie important mineral resources;
(2) Project initiation and approval documents (project proposal or preliminary design approval documents, filing certificates, approval opinions, investment plans, etc.);
(3) Assessment Report on the Overlying of Important Mineral Resources in Construction Projects;
(4) For projects involving mining rights and with identified resource reserves, a compensation agreement with the mining right holder or a letter of intent from the mining right holder indicating their consent to the project construction must be provided.
(5) A written commitment from the construction entity regarding the authenticity of the documentation;
(6) A written commitment from the entity preparing the assessment report regarding the authenticity of the data;
(7) Query Form for Overlying Important Mineral Resources in Construction Projects.
Article 16: When preparing, amending, or adjusting the overall land-use plan, if the planned scope of construction land overlaps with important mineral resources, the following materials shall be submitted to the provincial administrative department of natural resources and land:
(1) Application documents issued by the people's governments of municipalities and counties (municipalities and districts) regarding the overlying of important mineral resources;
(2) General Plan Map for Land Use;
(3) Assessment report on the overlying of important mineral resources in the planning area;
(4) A written commitment from the planning entity regarding the authenticity of the information;
(5) A written commitment from the entity preparing the assessment report regarding the authenticity of the data;
(6) For matters involving mining rights, provide a letter of intent from the mining rights holder agreeing to the establishment of the planning zone.
Article 17: For any application to overlay and cover important mineral resources that meets the approval requirements, the provincial administrative department of natural resources shall, within 15 working days from the date of acceptance, issue an opinion approving or disapproving the overlay and covering, and shall notify both the construction entity and the administrative department of natural resources of the prefectural-level city. The administrative department of natural resources of the prefectural-level city shall then notify the relevant mining right holders.
Article 18: Within 45 working days after receiving the approval document approving the overlay of important mineral resources, the construction entity shall, together with the document approving the overlay of the project issued by the administrative department of natural resources and soil, as well as the project feasibility study approval document, go to the provincial administrative department of natural resources and soil to complete the registration procedures for the reserves of the overlaid mineral resources.
Article 19: Within 45 working days after receiving the approval document consenting to the overlay of critical mineral resources, the mining rights holder shall go to the original issuing authority to complete the procedures for amending the corresponding exploration block or mining area boundaries. If the mining rights holder fails to apply within 45 working days, the original issuing authority shall directly adjust the exploration block or mining area boundaries and notify the mining rights holder accordingly.
Chapter 4: Compensation for Overlying Critical Mineral Resources
Article 20: The project entity is the primary party responsible for compensating for the encroachment upon important mineral resources and is tasked with handling compensation matters related to the encroachment of significant mineral resources held by mining right holders due to the construction project.
Article 21: If a construction project overlaps with an area containing important mineral resources for which mining rights have already been established, the construction entity shall sign an agreement with the holder of the mining rights. The agreement shall include the mining rights holder’s consent to relinquish the mining area covered by the overlap, as well as provisions regarding related compensation.
Article 22: Compensation for the encroachment of important mineral resources by construction projects shall adhere to the principles of voluntariness, legality, and equality. The compensation agreement for the encroachment of mineral resources shall be negotiated and signed voluntarily between the legal entity of the construction project and the holder of the mining rights. The method of compensation shall be determined in accordance with the following principles:
(1) For those who obtain mining rights against payment, compensation shall be provided to the mining right holder for the fees that should have been paid at the time for the identified important mineral resources retained within the area subjected to overburden, as well as for the exploration investments made.
(2) For those who obtain mining rights gratuitously, only the exploration investments within the area covered by the overlying structures will be compensated to the mining right holder.
(3) For mining facilities already constructed within the scope of the overlaid mining rights, compensation shall cover the direct economic losses incurred in putting these facilities into operation and in relocating them.
(4) In cases where a construction project requires the closure of a mine due to its overlying impact, a resource and asset assessment shall be conducted. The resource assessment refers to the valuation of the remaining resource reserves; the asset assessment includes both underground assets and surface assets.
Article 23: In the event of a dispute over compensation for the encroachment of important mineral resources by a construction project, the parties shall engage an appraisal agency jointly recognized by both sides to conduct an appraisal. The appraisal result may serve as the basis for compensation.
Chapter V Supplementary Provisions
Article 24: If the construction entity and the mining rights holder have already reached an agreement to resolve the issue of overlapping or encroaching upon identified non-critical mineral resources, or overlapping areas where exploration rights have been established but resource reserves remain unconfirmed, they shall independently negotiate and resolve the matter.
Article 25: These Measures shall take effect as of April 1, 2016, and shall remain in force until March 31, 2021.
Attachment: 1. Catalog of Important Mineral Resources in Shandong Province
2. Query Form for the Overlying of Important Mineral Resources in Construction Projects
3. Outline for Preparing the “Assessment Report on the Overlying of Important Mineral Resources for the ×××× Project”
Attachment 1
Catalog of Important Mineral Resources in Shandong Province
I. The list of 34 mineral types included in the appendix to the “Administrative Measures for the Registration of Mineral Resource Exploitation”
1. Coal 2. Petroleum 3. Oil shale 4. Hydrocarbon natural gas 5. Carbon dioxide gas 6. Coalbed methane 7. Geothermal energy 8. Radioactive minerals 9. Gold 10. Silver 11. Platinum 12. Manganese 13. Chromium 14. Cobalt 15. Iron 16. Copper 17. Lead 18. Zinc 19. Aluminum 20. Nickel 21. Tungsten 22. Tin 23. Antimony 24. Molybdenum 25. Rare earth elements 26. Phosphorus 27. Potassium 28. Sulfur 29. Strontium 30. Diamond 31. Niobium 32. Tantalum 33. Asbestos 34. Mineral water
II. Advantageous Mineral Resources of Shandong Province
1. Graphite 2. Gypsum 3. Bentonite 4. Cement-grade Limestone
Attachment 2
Query Form for the Overlying of Important Mineral Resources in Construction Projects
Reporting Unit: Year Moon day
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Project Name
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Project approval, ratification, and filing authorities |
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Project Site Selection
Turning point coordinates
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Overlying important
Mineral resource situation
Survey Results |
Brief Overview of the Mining Area (Mine Field) |
Turning point coordinates of the overlying area |
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Name |
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Mineral type |
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Deposit scale |
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