Measures for the Administration of Transfer of Mineral Exploration Right and Mining Right (Revised in 2014)
Measures for the Administration of Transfer of Mineral Exploration Right and Mining Right (Revised in 2014)
Measures for the Administration of Transfer of Mineral Exploration Right and Mining Right (Revised in 2014)
Order of the State Council of the People's Republic of China [2014] No. 653
July 29, 2014
(Promulgated according to the Order of the State Council No. 242 on Feburary 12, 1998; revised according to the Decision of the State Council on Repealing and Revising Certain Administrative Regulations on July 29, 2014)
Measures for the Administration of Transfer of Mineral Exploration Right and Mining Right
Article 1 These Measures are formulated in accordance with the Mineral Resources Law of the People's Republic of China with a view to strengthening the administration of transfer of mineral exploration right and mining right, protecting the lawful rights and interests of persons with mineral exploration right and persons with mining right and promoting the development of the mining industry.
Article 2 These Measures must be adhered to in the transfer of mineral exploration right and mining right obtained according to law within the territory of the People's Republic of China and other sea areas under its jurisdiction.
Article 3 Mineral exploration right and mining right must not be transferred except for those which may be transferred in accordance with the following provisions:
1.a person with mineral exploration right has the right to conduct specified exploration and survey operations within the delimited exploration and survey operations area(s) and has the right to obtain the mineral exploration right of mineral resources within the exploration and survey operations areas on a priority basis. A person with mineral exploration right may, upon fulfilment of the prescribed minimum exploration and survey input and approval in accordance with law, transfer the mineral exploration right to another person.
2.a mining enterprise having obtained the mining right may, subject to approval in accordance with law, transfer the mining right to another person for exploitation as a result of enterprise amalgamation, separation, engaging in a joint venture or cooperative venture with another person, or as a result of the sale of the enterprise assets as well as other circumstances that change the property rights of the enterprise assets necessitating a change in the main body of the mining right.
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