Regulations of Guizhou Province on Mineral Resources

Chapter I General Provisions Article 1 In order to develop the mining industry, strengthen the exploration, development, utilization, protection and management of mineral resources, safeguard the state ownership of mineral resources, safeguard the legitimate rights and interests of prospecting and mining rights holders, and promote sustainable economic development, these Regulations are formulated in accordance with the Mineral Resources Law of People's Republic of China (PRC) and relevant laws and regulations, and in light of the actual situation of this province. Second units or individuals engaged in mineral resources exploration, mining and related activities within the administrative region of this province must abide by these regulations. Article 3 Mineral resources belong to the state. Exploration and mining rights shall be subject to the system of examination and approval, registration and paid acquisition, and may be transferred, leased, mortgaged and inherited in accordance with laws, regulations and relevant state regulations. Article 4 The planning for exploration and development of mineral resources compiled by the people's governments at or above the county level and relevant departments shall adhere to the principle of paying equal attention to rational development, utilization and protection, and improving the comprehensive utilization rate of resources, and obey the overall planning for exploration and development of mineral resources formulated by the state and the people's governments at higher levels.

The administrative department of land and resources of the provincial people's government shall, in accordance with the provisions of the state, release information on the exploration and development of mineral resources, encourage and guide domestic and foreign investors to explore and exploit mineral resources according to law. Article 5 People's governments at all levels shall safeguard the state ownership of mineral resources, strengthen the protection of mineral resources, and maintain the normal mining order of exploration areas and mining areas according to law.

Domestic and foreign investors enjoy equal rights to invest in exploration and exploitation of mineral resources according to law. The legitimate rights and interests of the prospecting and mining rights holders are protected by law. Article 6 Exploration and exploitation of mineral resources must abide by relevant laws and regulations on environmental protection, forestry, soil and water conservation, protect natural resources, ecological environment and geological environment, prevent geological disasters, and do a good job in soil and water conservation, cultivated land reclamation and vegetation restoration. Article 7 The administrative departments of land and resources of the people's governments at or above the county level are the organs for examination, approval and registration of mineral resources exploration and exploitation, and are responsible for the supervision and management of mineral resources exploration and exploitation and geological environment protection within their respective administrative areas.

The relevant departments of the people's governments at or above the county level shall, according to their respective duties, assist the administrative departments of land and resources at the same level in the supervision and management of mineral resources exploration, exploitation and geological environment protection. Chapter II Mineral Resources Exploration Registration and Reserves Management Article 8 Anyone who engages in the following mineral resources exploration must apply for registration and obtain the exploration right:

(1) Exploration of metallic minerals, nonmetallic minerals and energy minerals;

(2) Exploration of groundwater, geothermal water and mineral water resources.

Exploration registration shall be handled in accordance with the relevant provisions of the Measures for the Administration of Registration of Mineral Resources Exploration Blocks in the State Council. Ninth engaged in the following geological work without registration:

(a) scientific research projects and resource planning projects that do not carry out geological reconnaissance of mountain construction and surface geological survey;

(2) Mining enterprises conduct production exploration within the mining area designated by the mining license.

Engaged in the geological work listed in the preceding paragraph shall not affect the production and operation of the prospecting and mining rights holders, and shall not infringe upon their legitimate rights and interests. Article 10 The investor of exploration right is the applicant of exploration right. Cooperation or joint venture in the exploration of mineral resources shall stipulate in the contract the ownership of the exploration right and the applicant for the exploration right. Where the government invests in the exploration of mineral resources, the unit entrusted by the government is the applicant for exploration right.

Units engaged in geological exploration activities must have the qualification certificate of geological exploration units obtained according to law. Eleventh when applying for exploration rights, in addition to the materials specified in Article 6 of the Measures for the Administration of Registration of Mineral Resources Exploration Blocks in the State Council, the following materials shall also be submitted:

(a) a description of the setting of mining rights within the scope of application issued by the administrative department of land and resources of the people's government at the county level;

(2) the applicant's legal person qualification certificate or identity certificate. Twelfth provincial people's government administrative departments of land and resources in accordance with the provisions of the responsibilities of the province's mineral resources reserves assessment, and in conjunction with the relevant departments to manage the industrial indicators of mineral deposits.

After completing the mineral resources exploration project, the prospecting right holder must prepare a report on mineral resources reserves. The reserves of mineral resources shall be assessed by the mineral resources assessment institution recognized by the administrative department of land and resources of the State Council or the administrative department of land and resources of the provincial people's government. The reserves of mineral resources without evaluation and appraisal shall not be used as the basis for mine construction and design. Article 13 The prospecting right holder shall, within one year after the mineral resources reserves are determined, declare and register the proven mineral resources reserves to the administrative department of land and resources of the provincial people's government, and submit the data of geological exploration results to the administrative department of land and resources of the provincial people's government within the prescribed time limit.

The administrative departments of land and resources shall protect the legitimate rights and interests of the prospecting right holders who submit the data of geological exploration results according to law. Article 14 According to the provisions of Article 40 of the Measures for the Administration of Registration of Mineral Resources Exploration Blocks in the State Council, before engaging in geological exploration, one should first register with the exploration registration authority, obtain a geological exploration license and obtain the right of geological exploration.

Units that have obtained the right of geological exploration may carry out geological exploration within the scope of exploration and mining rights, and the prospecting and mining rights holders shall give support.

Within the scope of geological exploration rights, others may apply for exploration and mining rights according to law.