Administrative Measures for the Registration of Mineral Resources Exploitation (Revised in 2014)
Administrative Measures for the Registration of Mineral Resources Exploitation (Revised in 2014)
Administrative Measures for the Registration of Mineral Resources Exploitation (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. 241 on Feburary 12, 1998; revised in accordance with the Decision of the State Council on Revising Certain Administrative Regulations on July 29, 2014.)
Article 1 These Measures are formulated in accordance with the Mineral Resources Law of the People's Republic of China for the purpose of strengthening the administration on as well as maintaining the order of the mineral resources exploitation, safeguarding the legitimate rights and interests of the mining right holders and promoting the development of the mining industry.
Article 2 These Measures must be adhered to in the exploitation of mineral resources within the territory of the People's Republic of China and other sea areas under its jurisdiction.
Article 3 The exploitation of the mineral resources set forth below shall be subject to the examination and approval by as well as the registration with the competent departments in charge of geology and mineral resources under the State Council, which shall grant the exploitation licenses.
1. Mineral resources within the mining areas in the State plans and the mining areas of great value to the national economy;
2. Mineral resources in the territorial seas and other seas under the jurisdiction of the People's Republic of China;
3. Mineral resources exploited with foreign investment; and
4. Mineral resources listed in the annex of these Measures.
The exploitation of mineral resources such as petroleum and natural gas shall be subject to the examination and approval by the organizations designated by the State Council prior to the registration with the competent departments of geology and mineral resources under the State Council, which shall grant the mining licenses.
The exploitation of the mineral resources set forth below shall be subject to the examination and approval by as well as the registration with the competent departments of geology and mineral resources under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, which shall grant the mining licenses:
1. Mineral resources that are not covered by the provisions of Paragraphs 1 and 2 of this Article and the mineral reserves of which are of or above the medium scale; and
2. Mineral resources that are subject to the examination and approval by as well as the registration with the competent departments of geology and mineral resources under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, which are authorized by the competent departments of geology and mineral resources under the State Council.
The exploitation of the mineral resources that are not covered by the provisions of Paragraphs 1, 2 and 3 of this Article shall be subject to the examination and approval by as well as the registration with the departments of the administration on geology and mineral resources under the local people's governments at and above the county level, which shall issue the exploitation licenses, in accordance with the administrative measures formulated by the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government.
Where the mining areas span the administrative regions at or above the county level, the exploitation shall be subject to the examination and approval by as well as the registration with the registration administration organization at the next higher level of the administrative regions involved, which shall issue the exploitation licenses.
Departments responsible for administration of geology and mineral resources under the local people's governments at and above the county level shall, upon examination and approval as well as issuance of the mining licenses, report level-by-level to the higher departments responsible for administration of geology and mineral resources under the local people's governments for filing.
Article 4 Prior to filing the application for mining rights, the applicants shall apply to the registration administration organization for the delimitation of the mining areas in accordance with the approved reserves reports of geological survey.
To apply for the listing of projects and establishment of mining enterprises, the applicants shall, based on the delimitation of the mining areas, go through relevant procedures pursuant to the provisions of the State.
Article 5 The materials set forth below shall be submitted to the registration administration organizations by the applicants for mining rights with respect to the exploitation licenses:
1.
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