Zhang Tianpei.
On December 25, entrusted by the Ministry of Natural Resources, Wang Guanghua, Minister of Natural Resources, made an explanation on the revised draft of the Mineral Resources Law at the seventh meeting of the Standing Committee of the 14th National People's Congress.
Mineral resources are an important material basis for economic and social development, and the exploration and development of mineral resources is related to the national economy and people's livelihood and the Mineral Resources Law was formulated in 1986, and some provisions were revised in 1996 and 2009. Over the past 30 years since its implementation, this law has played a positive role in promoting the development of the mining industry and strengthening the exploration, development and utilization and protection of mineral resources.
The revision of the Mineral Resources Law follows the following general ideas: highlighting the goal of ensuring the security of national mineral resources, focusing on strengthening the domestic exploration and development of mineral resources, increasing reserves and production, improving the level of conservation and intensive utilization, and improving the ability to guarantee emergency supply, so as to consolidate the foundation of the national mineral resources security system in an all-round way;Adhere to the problem-oriented, focus on key links and main issues such as mining rights transfer, mineral resources exploration and mining, ecological restoration of mining areas, mineral resources reserves and emergency response, improve system design, and enhance pertinence and effectiveness;Follow the laws of geological work and mining development, ensure that the system design conforms to the actual situation and characteristics of mineral resources exploration and mining, and effectively play a positive role in the combination of incentives and guidance of the legal system and normative constraints.
The revised draft consists of eight chapters and 76 articles, and makes a relatively comprehensive revision to the current Mineral Resources Law.
First, strengthen policy support. It stipulates that the state shall improve policies and measures, strengthen basic geological surveys, increase support for the exploration and exploitation of strategic mineral resources, promote the increase of reserves and production capacity of strategic mineral resources, promote the optimization and upgrading of strategic mineral resources industry, and improve the level of safety and security of mineral resources, and clearly stipulate that the organization and development of basic geological surveys and prospective surveys and potential evaluations of strategic mineral resources have been clearly stipulated. The second is to improve the mining rights system. Optimize the method of obtaining mining rights, stipulate that mining rights can be obtained through competitive transfer, and clarify that laws, administrative regulations or regulations can be obtained by other means;Improve the initiation mechanism for the transfer of mining rights, and encourage units and individuals to provide prospecting rights blocks to the competent departments of natural resources and submit applications for transfer;Standardize the transfer of mining rights, and ensure that the transfer of mining rights is compatible with the actual needs of strengthening the exploration and exploitation of mineral resourcesStrengthen the regulation and guidance of the collection of income from the transfer of mining rights, and clarify that the method for the collection of income from the transfer of mining rights shall be conducive to mobilizing the enthusiasm for mineral resources exploration;Strengthen the protection of the rights of mining rights holders. The third is to strengthen the protection of strategic mineral resources. It is clarified that strategic mineral resources shall not be overlaid in principle, and those that really need to be overlaid shall be approved by the competent department of natural resources or the competent department of natural resources of the people's government of the province, autonomous region or municipality directly under the Central Government. Fourth, improve the mining land system that is compatible with the exploration and exploitation of mineral resources. It is clear that the exploitation of strategic mineral resources really needs to use the land owned by the farmers' collectives can be expropriated in accordance with the law, and the land occupied by open-pit mining of strategic mineral resources can be temporarily used after the approval of the competent department of natural resources of the people's people at or above the provincial level.
The first is to improve the exploration and mining permit system. To meet the requirements of the reform of the mining rights system, the acquisition of mining rights is separated from the acquisition of exploration permits and mining licenses, and it is stipulated that before the mining rights holder carries out mineral resources exploration and mining operations, it shall prepare exploration plans and mining plans respectively, and report to the original mining rights transfer department for approval to obtain exploration licenses and mining licenses. The second is to maintain the order of exploration and mining activities. It stipulates that mining rights holders may pass through adjacent areas and erect relevant facilities in accordance with the law for exploration and exploitation of mineral resources;No unit or individual shall interfere with or disrupt the normal conduct of mineral resources exploration and mining activities. The third is to promote rational development and utilization. It is stipulated that the exploration and exploitation of mineral resources shall adopt advanced and applicable processes, equipment and technologies that meet the requirements of ecological environmental protection and safe production;Symbiotic and associated minerals should be comprehensively exploited and rationally utilized;The mining right holder is required to take effective measures to ensure that the mining recovery rate, mineral processing rate and comprehensive utilization rate of mineral resources meet the requirements of relevant national standards. Fourth, establish a resource reserve management system.
A chapter on "Ecological Restoration of Mining Areas" was added to clarify the main body responsible for ecological restoration in mining areasEncourage social capital to participate in the ecological restoration of mining areas;The mining right holder is required to prepare an ecological restoration plan for the mining area and carry out the ecological restoration of the mining area in accordance with the planIt is clarified that the ecological restoration of mining areas should be qualified by experience;The mining right holder is required to extract the ecological restoration costs of the mining area in accordance with the regulations.
In addition, the revised draft also makes provisions and adjustments to the establishment of mineral resource reserves and emergency response systems, strengthening supervision and management, improving legal responsibilities, implementing equal protection of property rights, and equal participation in market competition.