Procedures for Administration of Registration of Mining of Mineral Resources (2014 Revision)

Procedures for Administration of Registration of Mining of Mineral Resources (2014 Revision) Procedures for Administration of Registration of Mining of Mineral Resources (Promulgated by Order No. 241 of the State Council of the People's Republic of China on February 12, 1998, and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on July 29, 2014) Article 1 These procedures have been formulated in pursuance to the Mineral Resource Law of the People's Republic of China for the purpose of strengthening the administration of mining of mineral resources, protecting the legitimate rights and interests of the mining right holders, maintaining the order in mineral resource mining and promoting the development of the mining industry. Article 2 These procedures apply to the mining of mineral resources in the territory of the People's Republic of China and other marine areas under its jurisdiction. Article 3 The department in charge of geology and mineral resources of the State Council shall be responsible for the approval, registration and licensing of the minings of the following mineral resources: (1) Mineral resources in mining areas as planned by the State and in mining areas of important value to the national economy; (2) Mineral resources in territorial waters and other marine areas under the jurisdiction of China; (3) Mineral resources mined by foreign investors; (4) Mineral resources as listed in the appendix of these procedures. Minings of petroleum and natural gas, after examinations and approvals by the department concerned designated by the State Council, should also register with and acquire mining licenses from the department in charge of geology and mineral resources of the State Council. Minings of the following mineral resources shall be approved by, registered with and acquired mining licenses from the department in charge of geology and mineral resources of the people's governments of provinces, municipalities and autonomous regions: (1) Mineral resources of a medium-sized and a mineral reserve beyond what is provided for in the first and second paragraphs of this article; (2) Mineral resources whose approval and registration power for mining has been authorized to the department in charge of geology and mineral resources of the people's governments of provinces, municipalities and autonomous regions by the department in charge of geology and mineral resources of the State Council. Minings of mineral resources beyond what is provided for in the first, second and third paragraphs of this article in scale shall be approved by, registered with and acquired mining licenses from the department in charge of administration of geological and mineral resources of the local county- and above-county-level people's governments in pursuance to the administrative procedures formulated by the Standing Committee of People's Congress of provinces, municipalities and autonomous regions. If a mining area goes beyond one county- or above-county-level administrative region, the common higher-level registration administrative department of the administrative regions involved is authorized to approve, register and grant mining licenses. The department in charge of administration of geological and mineral resources of the local county- and above-county-level people's governments shall, after conducting examination, give approval and issue the license, send a report to the department in charge of administration of geological and mineral resources of the higher-level people's governments for the record. Article 4 An applicant for mining right should, before presenting the application for mining right, apply for designation of the boundary of the mining area with the registration administrative department in accordance with the approved report on geological survey of the reserves. Whereas an application is made for setting up a mining enterprise, related procedures should be handled according to provisions of the State in line with the designated mining area. Article 5 When applying for a mining license, the following materials should be submitted to a mining right registration department concerned: (1) An application for registration and a map of the mining area; (2) A certificate certifying the qualification of the applicant for the mining right; (3) Program for the development and utilization of the mineral resources; (4) Legal document of approval for the establishment of the mining enterprise; (5) A report of appraisal on the environmental impact that would be imposed by the mining of the mineral resources; and (6) other materials to be presented according to provisions of the department in charge of geology and mineral resources of the State Council. Whereas an application is made for mining the mineral resources in a State planning mining area or in a mining area of important value to the national economy, or for mining special minerals on which the State adopts protective mining, the document of approval by the competent department of the State Council should also be presented. Whereas an application is made for mining petroleum or natural gas, a document of approval by the State Council for establishing a petroleum company or for exploiting petroleum or natural gas, as well as a certificate certifying the legal person status of the mining enterprise should also be presented. Article 6 The registration department concerned shall decide on approving the registration or not, and send the related decision to the mining right applicant within 40 days starting from the day when the application is received. Whereas a mining right applicant needs to revise or replenish the materials as provided for in Article 5 of these procedures, the registration department concerned shall set a time for the revision or ......