"Implementation Measures for the Planning of Mineral Resources"

The "Measures for the Implementation of Mineral Resources Planning Preparation" was approved by the 3rd Ministerial Meeting of the Ministry of Land and Resources on August 31, 2012 and is hereby promulgated. It will come into effect on December 1, 2012.

Chapter I General Provisions Article 1 In order to strengthen and standardize the planning and management of mineral resources, and make overall arrangements for geological exploration, exploitation and utilization of mineral resources, and promote the scientific development of China's mining industry, these Measures are formulated in accordance with the Law of the People's Republic of China on Mineral Resources and other laws and regulations. .

Article 2 These measures apply to the preparation and implementation of mineral resource planning.

Article 3 The term "mineral resources planning" as mentioned in the present Measures refers to the requirements for mineral resources based on the conditions for the endowment of mineral resources, the status of exploration and development, and the national economic and social development in a given period of time. It also refers to the geological exploration, development and utilization of mineral resources, and protection. The total amount, structure, layout, and scheduling.

Article 4 The planning of mineral resources is an important means to implement the national mineral resources strategy, strengthen and improve the macro-management of mineral resources, and is an important basis for the examination, approval, and management of geological exploration, exploitation, utilization and protection of mineral resources.

Article 5 The preparation and implementation of mineral resources planning shall follow the laws of market economy and the rules of geological work, reflect the characteristics of regional and diversification of geological exploration and exploitation of mineral resources, encourage and guide social capital to enter the field of risk investigation, and promote mineral resources. Exploration and development.

Article 6 The planning of mineral resources is an important part of the national planning system. It should be in line with the national economic and social development plan, coordinated with the planning of the national land planning and the main functional areas, and be linked with the overall plans for land use and environmental protection planning.

The related industry planning involving mineral resources development activities should be linked to the mineral resources planning.

Article 7 Mineral resources planning includes the overall planning of mineral resources and the special planning of mineral resources.

Article 8 The overall planning of mineral resources includes the state-level overall planning of mineral resources, the provincial-level overall planning of mineral resources, the overall municipal-level mineral resources planning, and the county-level overall planning of mineral resources.

The state-level overall plan for mineral resources should provide a strategic overall layout and overall arrangements for the exploration, utilization, and protection of the country’s geological exploration and mineral resources. The provincial-level mineral resources master plan should be detailed and implemented within the administrative region of the national mineral resources overall planning goals and tasks. The municipal and county-level mineral resources overall planning of the district shall make specific arrangements for the exploration, development, utilization, and protection of minerals that are subject to lawful examination and approval management, and authorized by the competent department of land and resources at higher levels.

The overall planning of the lower-level mineral resources shall be subject to the overall planning of superior mineral resources.

Article 9 The Ministry of Land and Resources shall compile a special plan for mineral resources based on the state-level master plan for mineral resources and the major national deployment of exploration and development of mineral resources during a certain period of time. The local competent department of land and resources at all levels shall formulate special plans for mineral resources at the same level in accordance with the overall plans for mineral resources and the relevant provisions of these Measures.

The special plans for mineral resources shall cover specific areas such as geological exploration, exploitation and utilization of mineral resources, protection and restoration of mine geological environment, land reclamation in mining areas, or geological exploration of important mineral species and key areas, exploitation and protection of mineral resources, and Its related activities make specific arrangements.

National planning mining areas, mining areas of great value to the national economy, large-scale above-scale mineral production areas, and minerals of important value to the country or the region shall be compiled with special plans for mineral resources.

Article 10 The Ministry of Land and Resources shall be responsible for the planning, management and supervision of mineral resources throughout the country.

The local department of land and resources at various levels shall be responsible for the planning, management and supervision of mineral resources within its own administrative region.

Article 11 The provincial department of land and resources shall establish a leadership responsibility system for the implementation and management of mineral resources planning, and incorporate the implementation of mineral resources planning into the target management system as an important basis for the performance evaluation of the responsible persons of the lower-level land and resources departments.

Article 12 The competent department of land and resources at all levels shall promote the application of modern information technologies and methods such as spatial databases in the planning, management, and supervision of mineral resources.

Article 13 The competent department of land and resources at various levels shall incorporate the funds for planning management and supervision of mineral resources into the annual budget to ensure the preparation and implementation of mineral resources planning.

Chapter II Preparation Article 14 The Ministry of Land and Resources shall be responsible for organizing the preparation of the national-level mineral resources master plan and the special plan for mineral resources.

The provincial department of land and resources is responsible for organizing the preparation of the overall planning of mineral resources in this administrative area and the special planning for mineral resources.

The municipal and county-level land and resources authorities in the district shall, according to the requirements of the provincial people's government or the mineral resources management requirements in the administrative area, be responsible for organizing the preparation of the overall planning of mineral resources and the special planning of mineral resources in this administrative area.

Article 15 The preparation of a provincial-level special plan for mineral resources shall be approved by the Ministry of Land and Resources. The preparation of a municipal-level and county-level mineral resources special plan for the establishment of a district shall be approved by the provincial department of land and resources.

Article 16 An entity that undertakes the preparation of mineral resources planning shall meet the following conditions:

(1) Having legal personality;

(B) have the corresponding performance or ability to compile mineral resources planning;

(3) having a sound technology and quality management system;

(4) The main staffing personnel should have the relevant professional technical titles above mid-level and have been trained in mineral resources planning business.

The relevant land and resources authorities shall, in accordance with the law, adopt preferential methods such as bidding to select the mineral resource planning and preparation unit, and strengthen guidance, supervision and management of the mineral resource planning and formulation unit.

Article 17 In compiling the overall plan for mineral resources, the following basic work shall be done:

(1) Assess the implementation status of the current overall planning of mineral resources and the completion of major objectives and tasks, and propose solutions to existing problems;

(II) Carry out basic surveys to investigate and evaluate the status quo of exploration, exploitation and utilization of mineral resources, development of mining economy, characteristics and distribution patterns of resources, resource reserves and potential, status of mine geological environment, land reclamation potential and suitability of mining areas, etc. And research;

(3) To develop mineral resource situation analysis, potential assessment and availability analysis, study resource strategy and macro-control policies, conduct special research and demonstration on major issues and key projects such as resource and environmental carrying capacity.

In the preparation of a special plan for mineral resources, basic work such as investigation and evaluation and special research should be done as required.

Article 18 The planning of the preparation of mineral resources shall be in accordance with national and industrial standards and procedures.

The Ministry of Land and Resources is responsible for formulating regulations for the preparation of provincial-level mineral resources planning and guiding opinions for the preparation of district-level and county-level mineral resources planning. The provincial department of land and resources is responsible for formulating the technical requirements for the preparation of municipal and county-level mineral resources planning in the administrative areas within the administrative area.

Article 19 The competent department of land and resources at various levels shall, in accordance with the rules and technical requirements for the preparation of mineral resources planning, integrate the results of the preparation of mineral resources planning and organize the construction and maintenance of mineral resources planning database.

The standards for the construction of mineral resource planning databases will be formulated separately by the Ministry of Land and Resources.

Article 20 For the preparation of a mineral resources plan, a working plan for the preparation of a mineral resource plan shall be formulated.

The work plan for the preparation of mineral resources planning should include the following:

(1) Guiding ideology, basic ideas and working principles;

(b) major tasks and schedules;

(3) major thematic settings;

(d) the budget of funds;

(e) Organizational security.

Article 21 The preparation of mineral resources planning shall follow the following principles:

(1) To implement the basic national policy of resource conservation and environmental protection and correctly handle the relationship between the protection of development and the protection of resources;

(b) compliance with laws, regulations and national industrial policies;

(3) It is practical and feasible to meet the actual conditions of economic and social development and the conditions for the endowment of mineral resources;

(4) The requirements for system planning, rational layout, optimal configuration, complete installation and exploration, intensive development, comprehensive utilization and development of green mining.

Article 22 The overall planning period for mineral resources is from five years to ten years.

The duration of the special plan for mineral resources is determined according to needs.

Article 23 The mineral resources planning organized by the competent department of land and resources at or above the municipal level in a district shall be subject to the environmental impact assessment of mineral resources planning in accordance with the relevant provisions of the Regulations on Environmental Impact Assessment of Planning.

Article 24 The overall planning of mineral resources shall include the following contents:

(1) Analysis of background and situation, prediction of changes in the supply and demand of mineral resources;

(2) The main targets and indicators for geological exploration, development and utilization of mineral resources, and protection;

(3) the overall arrangement of geological exploration;

(4) The direction of exploitation and utilization of mineral resources and the control of the total amount;

(5) Planning divisions and structural adjustments for the exploration, development, protection and storage of mineral resources;

(6) The objectives, arrangements and measures for the conservation and comprehensive utilization of mineral resources;

(7) The overall arrangement of mine geological environmental protection and restoration, and land reclamation in mining areas;

(8) major projects;

(9) Policy measures.

The contents of the special plans for mineral resources are determined according to needs.

Article 25 The major issues in the planning of mineral resources shall be consulted with the public. The contents of mineral resource plans directly involving the legitimate rights and interests of units or individuals shall be organized in accordance with the Hearing Provisions of Land and Resources to organize hearings.

Article 26 Competent departments of land and resources at all levels shall, in the process of compiling mineral resource planning, organize experts to conduct demonstrations on major objectives and indicators, major projects, and planning subdivision schemes, and solicit opinions from relevant departments and industries extensively.

Chapter III Implementation Article 27 The following plans for mineral resources shall be approved by the Ministry of Land and Resources:

(1) National-level special mineral resources planning;

(2) The overall planning of provincial mineral resources and the special planning of mineral resources;

(3) Other mineral resource plans that should be approved by the Ministry of Land and Resources in accordance with laws and regulations or the provisions of the State Council.

After the provincial-level mineral resources master plan is reviewed by the provincial people's government, the Ministry of Land and Resources and the relevant departments shall, in accordance with the prescribed procedures, approve the project.

The examination and approval of the municipal and county-level mineral resources planning in the district shall be handled in accordance with the relevant regulations of provinces, autonomous regions, and municipalities directly under the Central Government.

Article 28 When reviewing and submitting a mineral resource plan for approval, the following materials shall be submitted:

(a) planning text and instructions;

(b) Plan drawings;

(3) special research reports;

(d) Planning results database;

(5) Other materials, including solicitation of opinions and demonstration of hearings.

Article 29 The Ministry of Land and Resources or the provincial department of land and resources shall review the plans for mineral resources in accordance with the relevant provisions of these Measures, and organize experts to conduct demonstrations. Where relevant departments of the people's government at the same level are involved, the relevant departments of the people's government at the same level shall be consulted. If any major problem is found, it shall be returned to the original organization authority for revision, supplementation and improvement. Those who fail to comply with the laws and regulations and the relevant national regulations may not be approved.

Article 30 After the approval of the planning for mineral resources, it shall be announced in a timely manner, unless otherwise stipulated by laws and regulations or involving state secrets.

Article 31 Once a plan for mineral resources is approved, it must be strictly implemented.

Geological exploration, development and utilization of mineral resources and protection, mine geological environmental protection and restoration, mining land reclamation and other activities should be in line with the mineral resources planning.

The plan for the establishment of mining rights is a specific arrangement for the spatial distribution of exploration rights and mining rights in certain areas and should be formulated in accordance with the planning of mineral resources.

If the prospecting rights and mining rights that have been set up do not meet the requirements for mineral resources planning and setting up of mining rights, they shall be disposed of in accordance with the plans for mineral resources and the setting of mining rights and in accordance with the relevant regulations of the State.

Article 32 Where the relevant competent authority divides the main functional areas and sets areas such as nature reserves, world cultural and natural heritage, forest parks, scenic spots, etc., and seeks advice from the land and resources authorities, the relevant land and resources authorities shall submit proposals in accordance with the mineral resources plan. Opinions, make the connection.

Article 33 After the approval of the overall plan for mineral resources, the relevant department of land and resources shall establish an annual implementation system for the overall planning of mineral resources and make annual implementation arrangements for the following matters:

(1) To propose annual regulation requirements and plans for the minerals under total amount control;

(2) To optimize the layout and structure of mineral resources development, propose adjustment measures and annual indicators;

(3) To guide the rational establishment of exploration rights and make annual arrangements for the mining rights of important minerals;

(IV) Supporting key and annual indicators for the geological exploration of the financial contribution arrangements at the corresponding level, the exploitation and utilization of mineral resources, the protection and restoration of mine geological environment, and the rehabilitation of mining areas.

In the process of implementing the overall planning of mineral resources, the relevant department of land and resources management may make dynamic adjustments to the relevant arrangements in items (2), (3) and (4) of the preceding paragraph in accordance with changes in circumstances and management needs.

The provincial department of land and resources shall report the implementation of the overall plan for the previous year's mineral resources and the implementation arrangements for the current year to the Ministry of Land and Resources before January 31 of each year. The municipal and county-level land and resources authorities in the district shall, according to the regulations of the provincial-level land and resources department, submit the implementation of the overall planning of the previous year's mineral resources and the implementation arrangements for the current year.

Article 34 The relevant competent department of land and resources shall encourage and guide the depositing of mineral exploration rights in accordance with the mineral resources planning, and examine the following contents when examining and approving the prospecting rights:

(1) whether it meets the mineral control direction determined by the mineral resources plan;

(2) Whether it meets the requirements for the planning and zoning of mineral resources and facilitates the promotion of integrated exploration, comprehensive exploration and comprehensive evaluation.

When the competent land and resources department inspects and registers the mining rights, it shall review the following contents in accordance with the mineral resources plan:

(1) whether it meets the mineral control direction determined by the mineral resources plan;

(2) whether it meets the requirements of the planning and zoning of mineral resources and is conducive to the optimization and adjustment of the mining layout;

(3) Whether or not it meets the conditions and requirements for total mining control, minimum mining scale, conservation and comprehensive utilization, resource protection and environmental protection determined by the Mineral Resources Plan.

If it does not meet the requirements for the planning of mineral resources, the competent department of land and resources shall not examine and issue exploration licenses and mining licenses, nor may it handle the formalities for land use.

Without statutory basis, the competent department of land and resources at a lower level may not interfere with the approval and issuance of certification work by the competent department of land and resources at a higher level on the ground that it does not meet the requirements of the mineral resources planning of this level.

Article 35 The competent department of land and resources at various levels shall strictly review the geological exploration of the financial arrangement at the corresponding level, the exploitation, utilization and protection of mineral resources, the protection and restoration of the geological environment of mines, and the land reclamation in mining areas in strict accordance with the plans for mineral resources. Those that meet the key directions, key areas and major project scopes determined by the Mineral Resources Plan shall not be approved for establishment.

Article 36 Before applying for prospecting rights and mining rights, applicants for prospecting rights and mining rights may check with the relevant land and resources department whether the proposed project is in conformity with the planning for mineral resources, and the relevant land and resources authorities shall provide facilities.

When the applicant for prospecting rights and mining rights applies to the competent department of land and resources for inquiries as to whether or not the proposed project is in conformity with the planning for mineral resources, it shall submit the basic information such as minerals and regions to be applied for exploration and exploitation.

Article 37 The competent department of land and resources at various levels shall organize the evaluation of the implementation of the mineral resources plan, and submit an assessment report to the people's government at the same level and the competent department of land and resources at the higher level when the mineral resource planning period expires.

The unit that undertakes the assessment of the implementation of the mineral resources plan shall meet the conditions stipulated in Article 16 of these Measures.

Article 38 Before the expiry of the mineral resource planning period, the State Council or the Ministry of Land and Resources and the provincial department of land and resources shall make unified arrangements. The relevant land and resources authorities shall revise the planning of the mineral resources and submit the original approval in accordance with the relevant provisions of these Measures. Agency approval.

Article 39 In any of the following circumstances, the mineral resources planning may be adjusted:

(1) major discoveries in geological exploration;

(2) Due to major changes in market conditions, technical conditions, etc., it is necessary to make partial adjustments to the mineral resources exploration, development and utilization structure and layout;

(3) The exploration and development of major new special projects and projects of Xinli Mineral Resources;

(4) Other circumstances stipulated by the Ministry of Land and Resources and the provincial department of land and resources.

Where the adjustment of mineral resources plans involves other competent authorities, opinions of other competent authorities shall be solicited.

Article 40 In the adjustment of mineral resources planning, the original organization authority shall submit the following materials to the original approval authority, and proceed with the approval of the original approval authority:

(1) Rationale and argumentation materials for adjusting mineral resources planning;

(2) Plans, content descriptions and related maps for adjustment of mineral resources planning;

(3) Other materials required to be submitted by the Ministry of Land and Resources and provincial land and resources authorities.

After the adjustment of superior mineral resources planning involves the adjustment of the plans for mineral resources at lower levels, the competent department of land and resources at a higher level shall notify the competent department of land and resources at a lower level to make corresponding adjustments and submit the report to the original approval authority.

After the adjustment of the overall planning of mineral resources involves adjustment of the special plan for mineral resources, the relevant department of land and resources management shall make corresponding adjustments in a timely manner.

Chapter IV Legal Responsibility Article 41 The competent department of land and resources at various levels shall strengthen the supervision and inspection of the implementation of the planning of mineral resources, discover geological exploration, development and utilization of mineral resources and protection, mine geological environment protection and restoration, and mining land rehabilitation. If any activity does not conform to the planning of mineral resources, it shall be promptly corrected.

Article 42 In accordance with the relevant provisions of these Measures, if a plan for mineral resources is to be compiled and not compiled, the competent department of land and resources at higher levels shall order the competent department of land and resources to formulate the deadline.

Where the procedures for the compilation, examination and approval, and adjustment of mineral resources are not planned according to these Measures, or if the content of the plan is in violation of the national laws, regulations, standards and higher level planning requirements, the competent department of land resources at a higher level shall order the relevant land and resources department to make corrections within a time limit.

Article 43 Where the competent department of land and resources decides to edit or adjust the planning of mineral resources without authorization in violation of the provisions of these Measures, the competent department of land resources at the higher level shall promptly correct it and investigate the responsibility of the relevant personnel.

Article 44 In the event of a violation of the mineral resources plan for the issuance of exploration licenses or mining licenses, the land and resources authorities or superior land and resources authorities that issue exploration licenses and mining licenses shall promptly correct them and investigate the responsibilities of relevant personnel. If the damage to the lawful rights and interests of the parties is caused, the parties shall have the right to apply for compensation in accordance with law.

Chapter V Supplementary Provisions Article 45 These Measures shall come into force on December 1, 2012.