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Regulations on the Protection of Mine Geological Environment Source: Ministry of Land and Resources 2009-03-06 Order No. 44 of the Ministry of Land and Resources of the People’s Republic of China The \"Regulations on the Protection of Mine Geological Environment\" were approved at the 4th ministerial meeting of the Ministry of Land and Resources on February 2, 2009; they are now issued and shall come into force as of May 1, 2009. Minister: Xu Shaoshi March 2, 2009 Provisions on the Protection of Mine Geological Environment Chapter 1 General Provisions Article 1 These Provisions are formulated in accordance with the Mineral Resources Law of the People’s Republic of China and the Regulations on the Prevention and Control of Geological Disasters, in order to protect the mine geological environment, reduce the damage to it caused by mineral resource exploration and exploitation, safeguard people’s lives and property, and promote the rational development and utilization of mineral resources as well as the coordinated development of the economy and society alongside the resource and environmental sectors. Article 2 These provisions shall apply to the prevention, control, and restoration of ground subsidence, ground fissures, collapses, landslides, damage to aquifers, and destruction of topographical and landscape features resulting from activities such as the exploration and exploitation of mineral resources. Where the exploitation of mineral resources involves land reclamation, it shall be carried out in accordance with the **laws and regulations regarding land reclamation. Article 3: The protection of mine geological environments shall adhere to the principles of giving priority to prevention and combining prevention with control, as well as the principle that those who develop the resources are responsible for their protection, those who cause damage must address it, and those who invest reap the benefits. Article 4: The Ministry of Land and Resources is responsible for the protection of the geological environment of mines across the country. The local land and resources administrative departments at the county level or above are responsible for the protection of mine geological environments within their respective administrative areas. Article 5 **Encourage research in science and technology for the protection of mine geological environments, popularize relevant scientific and technical knowledge, promote advanced technologies and methods, establish relevant technical standards, and raise the scientific and technological level of mine geological environment protection. Article 6 **Enterprises, social organizations, or individuals are encouraged to invest in the restoration of the geological environment of closed or abandoned mines. Article 7: Any organization or individual has the right to report and lodge complaints against any acts that damage the geological environment of mines. Chapter 2 Regulations Article 8 The Ministry of Land and Resources is responsible for the investigation and assessment of the geological environment of mines across the country. The land and resources administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the investigation and assessment of the geological environment of mines within their respective administrative areas. The municipal and county land and resources administrative departments carry out surveys and evaluations of the geological environment of mines in their respective administrative areas, based on the actual conditions of those areas. Article 9: The Ministry of Land and Resources formulates a national plan for the protection of the geological environment of mines based on the results of the national survey and assessment of mine geological environments. The land and resources administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government formulate plans for the protection of the geological environment in mines for those respective regions, based on the national plan for the protection of the geological environment in mines and taking into account the results of surveys and evaluations of the geological environment in mines within their own jurisdictions. After being reviewed by the Ministry of Land and Resources, such plans are submitted to the people’s congresses of the provinces, autonomous regions, and municipalities directly under the Central Government for approval and implementation. The formulation and approval of municipal and county-level plans for the protection of mine geological environments shall be stipulated by the competent land and resources administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government. Article 10 The plan for the protection of the geological environment in mines shall include the following contents: (1) The current status and development trends of the geological environment in mines ； (II) Guiding principles, objectives, and goals for the protection of mine geological environments ； (III) The main tasks of protecting mine geological environments ； (IV) Key projects for the protection of mine geological environment ； (5) Measures to ensure the implementation of the plan. Article 11: The plan for the protection of mine geological environments shall be in line with the mineral resources plan, and shall be coordinated with the overall land use plan, the plan for the prevention and control of geological disasters, etc. Chapter 3 Governance and Restoration Article 12 When applying for a mining license, the applicant for mining rights shall prepare a plan for the protection of mine geological environments as well as for governance and restoration, and submit it to the administrative department in charge of land and resources that has the authority to approve it. The plan for the protection of mine geological environments and their restoration should include the following elements: (1) Basic information on the mine ； (II) Current status of the mine geological environment ； (III) Analysis and assessment of potential geological environmental impacts from mining (including assessment of geological disaster risks) ； (IV) Measures for the protection of mine geological environment and its restoration ； (V) Monitoring plan for the geological environment of mines ； (VI) Estimated costs for projects related to the protection of mine geological environments and their restoration ； (7) Commitment letter for depositing the guarantee fund for the protection of mine geological environment and its restoration. Where a plan for the protection of mine geological environments and their restoration has been prepared in accordance with the provisions of the preceding paragraph, no separate assessment of the risk of geological disasters shall be conducted. Article 13: The entities responsible for preparing plans for the protection of mineral geological environments and their restoration shall meet the following conditions: (1) They must possess qualifications for assessing the risk of geological disasters, or qualifications for investigating and designing projects aimed at mitigating such disasters, as well as relevant experience in carrying out such work ； (II) Professional technical personnel who have received training on the preparation of plans for the protection, restoration, and management of mine geological environments organized by the Ministry of Land and Resources and have passed the assessment. Article 14: If the applicant for a mining rights does not prepare a plan for the protection of mine geological environments and their restoration, or if the plan prepared does not meet the required standards, the competent land and resources administrative department with the authority to approve such applications shall instruct the applicant to make the necessary corrections ； If the corrections are not made by the deadline, the application for mining rights will not be accepted. Article 15: Where the holder of a mining rights expands the scale of mining, changes the scope of the mining area, or alters the mining method, they shall prepare a new plan for the protection of mineral geological environments and their restoration, and submit it to the original approving authority for approval. Article 16: The mining rights holder shall strictly implement the approved plan for the protection, management, and restoration of mine geological environments. The design and construction of projects for the protection of mine geological environments and their restoration should be carried out in parallel with mineral resource extraction activities. Article 17: If the exploitation of mineral resources causes damage to the geological environment of the mine, the person holding the mining rights shall be responsible for its restoration, and the costs associated with such restoration shall be included in the production costs. If the person responsible for the remediation and restoration of the mine’s geological environment is no longer available, the local municipal or county land and resources administration department shall use the special funds approved by the local people’s government to carry out such remediation and restoration. The Ministry of Land and Resources, together with the land and resources administration departments of provinces, autonomous regions, and municipalities directly under the Central Government, provide financial subsidies to the land and resources administration departments at the city and county levels, in accordance with the plans for the protection of the geological environment in mines and in line with the requirements of the management system for projects aimed at improving the geological environment of mines. Article 18: The mining rights holder shall, in accordance with **relevant regulations, deposit a guarantee fund for the restoration of the mine’s geological environment. The standards and procedures for depositing the guarantee funds for the remediation and restoration of the geological environment in mines shall be in accordance with the regulations of provinces, autonomous regions, and municipalities directly under the Central Government. The amount of the deposit for the remediation and restoration of the mine’s geological environment shall not be less than the costs required for such remediation and restoration. The guarantee fund for the remediation and restoration of the mine’s geological environment operates under the principles of ownership by the enterprise, **supervision, storage in a dedicated account, and use of funds for specific purposes only. Article 19: If the mining rights holder fulfills the obligations related to the restoration and protection of the mine’s geological environment in accordance with the requirements set out in the relevant plan, and passes the inspection conducted by the competent administrative department for land and resources, then the corresponding amount of the deposit paid for the restoration and protection of the mine’s geological environment, along with any interest accrued, shall be refunded based on the extent to which those obligations were fulfilled. If the miner fails to fulfill its obligations regarding the restoration of the geological environment of the mine, or fails to meet the requirements set out in the plan for the protection and restoration of that geological environment, and the inspection reveals that these requirements have not been met, the relevant administrative department in charge of land and resources shall order the miner to fulfill such obligations within a specified time frame. Article 20: In the event of changes to the mining area boundaries, the type of mineral, or the mining method, the miner shall deposit a guarantee fund for the remediation and restoration of the mine’s geological environment in accordance with the revised standards. Article 21: After the geological environment of mines has been restored, mining relics of ornamental or scientific research value are **encouraged to be developed into mine parks. **Mine parks are proposed by the land and resources administrative departments of provinces, autonomous regions, and municipalities directly under the Central Government, and are approved and announced by the Ministry of Land and Resources. Article 22 **Mine parks shall meet the following conditions: (1) Mineral deposits of unique types in China, along with mining relics that are typical, rare, and of scientific value.** ； (II) Abandoned mines or certain sections of mines that have been restored through the remediation of their geological environment ； (III) Beautiful natural environment and a long history of mining culture ； (IV) Advantageous location, well-developed science popularization infrastructure, and potential for tourism development ； (5) The land ownership is clear, and the overall plan for the mining park is scientific and reasonable. Article 23: Before a mine is closed, the mining rights holder shall fulfill its obligations to restore and remediate the geological environment of the mine. When applying for the procedures to close a mine, the mining rights holder must undergo inspection and approval by the competent administrative department for land and resources, and submit the relevant certification of successful inspection. Upon approval, the deposit for the restoration of the mine’s geological environment will be returned. If the obligation to carry out restoration work is not fulfilled within the prescribed time, or if the restoration efforts still do not meet the required standards, the administrative department in charge of land and resources will use the deposit for the restoration of the mine’s geological environment, paid by the person holding the mining rights, to organize the restoration work; any shortfall in the funds required for this purpose shall be covered by the person holding the mining rights. Article 24: When mining rights are transferred, the obligations regarding the protection of mine geological environments and their restoration are transferred simultaneously. The assignee of the mining rights shall, in accordance with these provisions, fulfill the obligations regarding the protection of mine geological environments as well as their restoration. Article 25: When mineral resources are explored using shafts or pits, if the person holding the exploration rights does not apply for mining rights after the exploration activities are completed, they shall take appropriate measures for restoration and remediation. They must backfill and seal the boreholes, exploration wells, shafts, and tunnels left over from the exploration, and address any unstable rocks or slopes that have formed in order to eliminate potential safety hazards. Chapter 4 Supervision and Management Article 26 The land and resources administrative departments at or above the county level shall supervise and inspect the fulfillment by mining rights holders of their obligations regarding the protection of mine geological environments and the restoration of such environments. The relevant responsible persons shall cooperate with the supervision and inspection by the land and resources administrative departments at or above the county level, provide necessary documents, and truthfully reflect the situation. Article 27: The land and resources administrative departments at or above the county level shall establish a monitoring system for the geological environment of mines within their respective administrative regions, improve the monitoring network, conduct dynamic monitoring of the geological environment of mines, and provide guidance and supervision to those holding mining rights in carrying out such monitoring. The mining rights holder shall regularly report the geological environment status of the mine to the county-level land and resources administrative department where the mine is located, and submit monitoring data truthfully. The county-level administrative department in charge of land and resources shall regularly submit the compiled monitoring data on the geological environment of mines to the higher-level administrative department in charge of land and resources. Article 28: When performing their duties of supervision and inspection regarding the protection of the geological environment in mines, the land and resources administrative departments at or above the county level shall have the right to conduct on-site inspections of the implementation of the restoration measures specified in the plans for protecting and restoring the geological environment of mines, as well as of the monitoring activities related to such environment. They also have the right to stop any actions that violate these regulations and to take legal action against such violations. Article 29: In the event that activities such as mineral resource extraction cause sudden incidents affecting the geological environment of mines, the relevant responsible persons shall take emergency measures and immediately report to the local people’s government. Chapter 5 Legal Responsibilities Article 30 Those who violate these provisions by failing to prepare a plan for the protection of mine geological environments and their restoration, or by expanding the scale of mining, changing the scope of the mining area or the method of mining without first preparing a new plan for such protection and restoration and obtaining approval from the original approving authority, shall be ordered by the land and resources administrative department at or above the county level to make corrections within a specified time limit ； If the violation is not corrected within the prescribed time, a fine of up to 30,000 yuan shall be imposed, and the land and resources administrative department that issued the mining license shall not approve the annual inspection of such mining license. Article 31: Those who violate the provisions of Articles 16 and 23 of these regulations by failing to carry out the restoration and protection measures for mine geological environments in accordance with the approved plans, or who fail to complete such restoration and recovery before the mine is approved for closure, shall be ordered by the land and resources administrative department at or above the county level to make corrections within a specified time limit ； If the violation is not corrected by the deadline, a fine of up to 30,000 yuan will be imposed, and their new applications for mining rights will not be accepted for 5 years. Article 32: Those who violate the provisions of Article 18 of these regulations by failing to deposit the guarantee fund for the restoration of the geological environment of mines on time shall be ordered by the land and resources administrative department at or above the county level to do so within a specified time limit ； If the payment is not made by the deadline, a fine of up to 30,000 yuan shall be imposed. The administrative department of land and resources responsible for issuing mining licenses shall not accept applications for the renewal or modification of such mining rights based on their annual reports on mining activities. Article 33: If, in violation of Article 25 of these provisions, the person holding the prospecting rights fails to take measures for remediation and restoration, the land and resources administrative department at or above the county level shall order them to make corrections within a specified time limit ； If the violation is not corrected by the deadline, a fine of up to 30,000 yuan shall be imposed, and applications for new exploration or mining rights will not be accepted for 5 years. Article 34: Those who violate these provisions by disrupting or hindering the protection and restoration of the geological environment in mines, or by occupying, damaging, or destroying monitoring facilities for the geological environment in mines or facilities related to its protection and restoration, shall be ordered by the land and resources administrative department at or above the county level to cease such illegal activities, to restore the situation to its original state within a specified time frame or to take remedial measures, and shall also be fined up to 30,000 yuan ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. Article 35: Staff members of the land and resources administrative departments at or above the county level who violate these provisions by neglecting their duties, abusing their powers, or engaging in corrupt practices in the supervision and management of the protection, restoration, and rehabilitation of mine geological environments shall be subject to administrative sanctions in accordance with the law ； If a crime is constituted, criminal liability shall be pursued in accordance with the law. Chapter 6 Supplementary Provisions Article 36 For mines that were built or are under construction prior to the implementation of these provisions, the holders of mining rights shall prepare plans for the protection of the mine’s geological environment as well as for its restoration, in accordance with these provisions; such plans must be submitted to the authority that originally approved the mining license for approval, and a deposit for the restoration of the mine’s geological environment must also be paid. Article 37 These provisions shall come into force as of May 1, 2009.