Provisions on the Protection of the Geologic Environment of Mines (2019 Amendment)

Provisions on the Protection of the Geologic Environment of Mines (2019 Amendment) Provisions on the Protection of the Geologic Environment of Mines (Promulgated by Order No.44 of the Ministry of Natural Resources on March 2, 2009; amended for the first time in accordance with the Decision of the Ministry of Natural Resources on Amending Five Rules including the Measures for the Administration of Qualifications of Evaluation Entities of Geological Disaster Hazard adopted at the 2nd executive meeting of the Ministry of Natural Resources on May 6, 2015; amended for the second time in accordance with the Decision of the Ministry of Ecology and Environment to Repeal and Amend Certain Rules adopted at the 1st executive meeting of the Ministry of Natural Resources on January 5, 2016; and amended for the third time in accordance with the Decision of the Ministry of Natural Resources on the First Group of Repealed and Amended Departmental Rules adopted at the 2nd executive meeting of the Ministry of Natural Resources on July 16, 2019) Chapter I General Provisions Article 1 For purposes of protecting the geologic environment of mines, reducing the damages to the geologic environment caused by the survey and exploitation of mineral resources, protecting the life and property safety of the people and promoting the reasonable development and utilization of mineral resources and the harmonious development of the economy, society, resources and environment, these Provisions are developed in accordance with the Mineral Resource Law of the People's Republic of China , the Regulation on the Prevention and Control of Geological Disasters , and the Regulation on Land Reclamation . Article 2 These Provisions shall apply to the prevention, control and restoration of ground caving-in, ground cracks, landslip, landslide, damages to water-bearing stratum, damages to topographic and physiognomic landscapes, etc. in the mining areas, as a result of the survey and exploitation of mineral resources. The exploitation of mineral resources involving land reclamation shall be governed by the laws and regulations of the state on land reclamation. Article 3 The protection of the geologic environment of mines shall follow the principle of focusing on prevention and combining prevention with control and the principle that whoever develops it shall protect it, whoever causes damage to it shall control it and whoever invests in it will benefit from it. Article 4 The Ministry of Natural Resources shall be responsible for the national protection of the geologic environment of mines. The local administrative departments of natural resources at and above the county level shall be responsible for the protection of the geologic environment of mines within their respective administrative areas. Article 5 The state shall encourage the scientific and technological research on the protection of the geologic environment of mines, popularize the relevant scientific and technological knowledge, promote the advanced technologies and methods, formulate the relevant technical standards and enhance the scientific and technological level of the protection of the geologic environment of mines. Article 6 The state shall encourage enterprises, social groups or individual to make investment in the control and restoration of the geologic environment of mines which have been closed down or abandoned. Article 7 Any entity or individual shall have the right to report and allege the illegal acts which cause damages to the geologic environment of mines. Chapter II Planning Article 8 The Ministry of Natural Resources shall be responsible for the national investigation and evaluation of the geologic environment of mines. The administrative department of natural resources of a province, autonomous region or municipality directly under the Central Government shall be responsible for the investigation and evaluation of the geologic environment of mines within its own administrative area. The administrative department of natural resources of a city or county shall, in light of the local actualities, carry out the investigation and evaluation of the geologic environment of mines within its own administrative area. Article 9 The Ministry of Natural Resources shall, on the basis of the results of the national investigation and evaluation of the geologic environment of mines, make the planning on the national protection of the geologic environment of mines. The administrative department of natural resources of a province, autonomous region or municipality directly under the Central Government shall, in accordance with the national planning on the protection of the geological environment of mines and in consideration of the results of the investigation and evaluation of the geological environment of mines within its own administrative area, make the planning on the protection of the geological environment of mines of the province, autonomous region or municipality directly under the Central Government, which shall be reported to the people's government of the province, autonomous region or municipality directly under the Central Government for approval and implementation. The making and examination and approval of the planning on the protection of the geologic environment of mines at the city or county level shall be provided for by the administrative department of natural resources of a province, autonomous region or municipality directly under the Central Government. Article 10 The planning on the protection of the geologic environment of mines shall include: 1. ......