Notice on Further Regulating the Management of Mining Rights Transfer

National Lands and Resources [2006] No. 12

Land and Resources Department of the provinces, autonomous regions and municipalities directly under the Central Government (District Office of Land and Resources, Land and Resources Bureau, Land Resources and Housing Administration, Housing and Land Resources Administration), Xinjiang Bureau of Production and Construction Corps Land and Resources Bureau:

Since the Ministry of Finance issued the “Administrative Measures for Bidding, Auction and Listing of Exploration Rights and Mining Rights (Trial)” (Guo Tu Zi Fa [2003] No. 197), the development of the national mining rights market has made positive progress. In accordance with the laws and regulations on mineral resources, in accordance with the "Notice of the State Council on Comprehensively Rectifying and Regulating the Order of Mineral Resources Development" (Guo Fa [2005] No. 28), in order to further regulate the management of mining rights, the tender auction for exploration rights and mining rights is now completed. Supplementary notices on matters related to the listing management measures are as follows.

1. Classification and transfer of mining rights

According to the statutory authority to issue exploration licenses and mining licenses, the mining rights transfer shall be handled by the competent department of land and resources of the people's government at or above the county level, and shall be handled according to law.

(1) It belongs to the exploration of the first type of minerals specified in the Catalogue of Mineral Exploration and Mining (hereinafter referred to as the "Catalogue", see attachment), and has not been available for further exploration in the blank area of ​​mineral exploration work or although mineral exploration has been carried out. In the area where the mineral deposit is surveyed, the prospecting right shall be transferred in the manner of applying for the prior application.

(2) In the following cases, the exploration rights shall be transferred by means of bidding, auction and listing.

1 The second type of minerals specified in the Catalogue;

2. The first type of minerals specified in the Classification Catalogue, which have undergone mineral exploration and have been available for further exploration, or previous mining activities indicate the presence of mineral deposits for further exploration.

(3) In the following cases, the exploration rights are no longer established, and the mining rights are directly transferred by means of bidding, auction and listing.

1 The third type of minerals specified in the Catalogue;

2 The first and second types of minerals specified in the Catalogue, the mineral exploration rights are lost, but the mineral exploration work has reached the level of detailed investigation (inclusive) and meets the mining design requirements;

3. The first category and the second type of minerals specified in the Classification Catalogue, the mining rights are lost or there have been mining activities in the past, and it is verified that there are mineral deposits available for mining reserves or economic value mineral resources.

(4) Exploration and exploitation of petroleum , natural gas , coal- to-layer (layer) gas, uranium and thorium mineral resources shall be managed and gradually improved in accordance with current regulations.

(5) If one of the following circumstances is to be transferred by means of bidding, auction and listing, the mining rights of the exploration rights may be transferred by agreement.

1. Key mineral resources development projects approved by the State Council and mineral resources that provide supporting resources for key construction projects approved by the State Council;

2. The right to set up mining rights needs to be integrated or use the original production system to expand the adjacent areas of exploration and mining;

3. With the consent of the provincial (district, municipal) people's government, and officially reported to the Ministry of Land and Resources approved large-scale mineral resources development projects;

4. The state funded a prospecting project to find replacement resources for crisis mines.

The agreement to transfer exploration rights to mining rights must be strictly controlled through collective review. The price of exploration rights for the transfer of the agreement shall not be lower than the market price under similar conditions.

(6) In any of the following circumstances, the mining rights of exploration rights shall be transferred by way of bidding.

1. Environmentally sensitive areas where new exploration rights and mining rights may be established according to laws, regulations and national policies, and areas that do not meet the environmental quality standards stipulated by the state;

2. A mineral mine with a large number of associated components and a comprehensive development and utilization technology;

3. Other circumstances as stipulated in the mineral resources planning.

Second, other regulations

(1) If the prospecting right owner applies for the mining right within the scope of the exploration block and meets the requirements, it shall be approved according to law to effectively protect the legitimate rights and interests of the prospecting right holder.

(2) When the competent land and resources department accepts the application for mining rights, if the application for prospecting rights and mining rights are simultaneously applied to the same area, and the conditions for setting the mining rights are met after examination, the mining rights shall be set in accordance with the provisions of this Notice.

(3) The competent departments of land and resources of all provinces (autonomous regions and municipalities) shall clean up and announce the mineral deposits that have already carried out mineral exploration or mining activities in their respective administrative areas and no longer comply with the provisions of this Notice to apply for the exploration rights in the earlier manner. Reported to the Ministry of Land and Resources for the record.

(4) The competent departments of land and resources of all provinces (autonomous regions and municipalities) may, in light of the local conditions, adjust the mining rights transfer mode according to the depth of local mineral exploration and geological structural conditions, formulate specific management measures, and report to the Ministry for the record. . Other special circumstances that require special provisions shall be reported to the Ministry of Land and Resources for approval before implementation.

(5) The contents specified in Articles 7, 8 and 9 of the original Measures for the Administration of Bidding, Auction and Listing of Exploration Rights and Mining Rights (Trial) shall be subject to the provisions of this Notice. The competent departments of land and resources of all provinces (autonomous regions and municipalities) shall, in accordance with the requirements stipulated in this Notice, carry out a comprehensive clean-up of various relevant provisions in the past.

Attachment: Catalogue of mineral exploration and mining

January 24, 2006

 

annex:

Mineral exploration and mining classification catalogue

1. The minerals of prospecting rights can be transferred in the first way according to the application (first category)

Geothermal (igneous, metamorphic rock structure fractured); manganese, chromium, vanadium, copper, lead, zinc, bauxite, nickel, cobalt, tungsten, tin, bismuth, molybdenum, mercury, antimony, magnesium; platinum, palladium, 钌 , 锇 , 铱 , 铑 ; gold , silver ; 铌 , 钽, 铍 , lithium , zirconium , 锶 , 铷 , 铯 ; 镧 , 铈 , 镨 , 钕 , 钐 , 铕 , 钇 , 钆 , 铽 , 镝 , 钬 , 铒 , 铥 , 镱 , 镥 ; 钪 , 锗 , gallium , indium , antimony , bismuth , antimony , cadmium , selenium , tellurium ; diamond , natural sulfur , pyrite , potassium salt , kyanite , asbestos , blue asbestos , pomegranate Zizi , vermiculite , zeolite , barite , calcite , ice stone , fluorite , gemstone , jade , groundwater (igneous rock, metamorphic rock zone structural fissure type); carbon dioxide gas , hydrogen sulfide gas , helium gas , helium gas.

2. The minerals of prospecting rights may be sold in the form of bidding, auction and listing (second category)

Coal, stone coal , oil shale , oil sand , natural asphalt , geothermal (sedimentary formation); iron ; graphite , phosphorus , boron , crystal , corundum , sillimanite , andalusite , wollastonite , sodium nitrate , talc , mica, feldspar, pyrophyllite, diopside, tremolite, alunite, mirabilite (Glauber's salt containing calcium), gypsum (including anhydrite), witherite, trona, magnesite, topaz, tourmaline, onyx, pigments Minerals , limestone (others), marl , chalk , potassium- bearing rocks , dolomite , quartzite , sandstone (other), natural quartz sand (other), vein quartz , powder quartz , natural oilstone , potassium-bearing sand shale , Diatomaceous earth , shale (other), kaolin , ceramic soil , refractory clay , attapulgite clay , sepiolite clay , illite clay , rectorite clay , bentonite , shovel , other clay , peridotite , snake Rock , basalt , diabase , andesite , diorite , granite , medical stone , perlite , obsidian , rosin , pumice , trachyte , nepheline syenite , tuff , volcanic ash , volcanic slag ,

Third, the mining rights minerals can be sold in the form of bidding, auction and listing (third category)

Limestone (for building stone), sandstone (for brick), natural quartz sand (for construction, brick), clay (for brick), shale (for brick).

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