Measures for the Administration of Township Collective Mining Enterprises and Individual Mining in Xinjiang Uygur Autonomous Region (Amendment 1994)

Chapter I General Provisions Article 1 In order to strengthen the management of township collective mining enterprises and individual mining, ensure the rational development and utilization of mineral resources, and develop local mining in our region, these measures are formulated in accordance with the Mineral Resources Law of People's Republic of China (PRC) and combined with the actual situation in our region. Second township collective mining enterprises and individual mining enterprises in the autonomous region must abide by these measures. Article 3 Mineral resources belong to the state. The state ownership of surface or underground mineral resources will not change because of the different ownership or use right of the land to which it is attached.

It is forbidden for any organization or individual to occupy or destroy mineral resources by any means. People's governments at all levels must strengthen the protection of mineral resources.

Township collective mining enterprises and individual miners must apply for registration according to law and obtain mining licenses. Mining rights shall not be bought, sold, leased or used as collateral. Article 4 People's governments at all levels shall actively support, rationally plan, correctly guide and strengthen the management and policies of collective and individual mining in towns and villages, and encourage, guide and help the development of collective mining enterprises in towns and villages. Through administrative management, guide, help and supervise individuals to mine according to law.

People's governments at all levels should protect the legitimate rights and interests of township collective mining enterprises and individual miners.

The competent department of geology and mineral resources, relevant competent departments, scientific research and design departments and state-owned mining enterprises shall provide geological data and technical services to township collective mining enterprises and mining individuals in accordance with the principle of active support and paid reciprocity. Fifth autonomous prefectures, autonomous counties, ethnic townships and remote and poor areas to set up township collective mining enterprises, under the same conditions, can give priority to examination and approval, the relevant departments can provide geological data and technical services at preferential prices. Article 6 The competent department of geology and mineral resources of the people's government of the autonomous region, the people's government of the autonomous prefecture (regional administrative office) and the mineral management institutions of the people's governments of cities and counties (districts) shall be responsible for the supervision and management of collectively-owned mining enterprises and individual mining in towns and villages within their respective administrative areas. Mineral management departments at all levels accept the guidance of the mineral management department at the next higher level in business.

The relevant departments of the people's governments at or above the county level shall assist the mineral management departments at the same level to supervise and manage township collective mining enterprises and individual mining. Seventh township collective mining enterprises and individual mining must pay mineral resources tax and mineral resources compensation fee in accordance with the relevant provisions of the state. Eighth mining enterprises and individuals who have made outstanding achievements in the exploration, development and protection of mineral resources shall be rewarded by the people's governments at all levels. Chapter II Scope and Conditions of Mining Article 9 Township collective mining enterprises may mine the following mineral resources:

(1) Small deposits and occurrences;

(two) the provisions of the state are not suitable for the construction of large and medium-sized mines;

(3) Marginal sporadic minerals within the mining areas of state-owned mining enterprises;

(four) other mineral resources areas permitted by the state and the autonomous region. Article 10 Individuals may dig sand, stone and clay with scattered resources, which can only be used as ordinary building materials, and may also dig minerals for their own use. Eleventh township mining enterprises and mining individuals are prohibited from mining mineral resources in the following areas:

(1) Within the area designated by the airport and national defense engineering facilities;

(two) within a certain distance of important industrial areas, large and medium-sized water conservancy facilities and urban municipal engineering facilities;

(3) Within a certain distance on both sides of railways and important highways;

(four) within the scope of nature reserves, scenic spots and historical sites designated by the state and the autonomous region;

(five) the state and the autonomous region to explore and plan mining areas;

(six) other areas where the state and the autonomous region prohibit the exploitation of mineral resources. Twelfth township collective mines should meet the following conditions:

(a) the necessary geological and mineral information, including the corresponding maps and text descriptions;

(2) Having technology, equipment, capital and safety measures suitable for the mining scale;

(three) to formulate the mining design scheme or mining plan and the total resource recovery index;

(four) the mine boundary is clear, which does not hinder the normal mining and safe production of adjacent mines;

(5) Having corresponding environmental protection measures.

Township collective mines with medium or above scale must meet the basic conditions for mining by similar state-owned mining enterprises. Thirteenth individual mining shall meet the following conditions:

(a) there are basic geological data or clear mining location and scope;

(2) Having corresponding technical means and professional technicians;

(3) Having a basic mining plan or mining plan;

(4) Having necessary funds and corresponding safety and environmental protection measures. Chapter III Mining Approval Article 14 Township collective mining and individual mining shall go through the registration and approval procedures in accordance with the following provisions:

(a) collective and individual mining in towns and villages shall be examined and approved by the mineral management department of the county (city) people's government where the resources are located, and mining licenses shall be issued; Cross-county and cross-state, city and region mining shall be examined and approved by the mineral management department of the state and municipal people's governments (regional administrative offices) and the competent department of geology and mineral resources of the people's government of the autonomous region respectively, and mining licenses shall be issued; Township collective mines that apply for mining minerals in the designated areas of large and medium-sized mineral deposits that are not included in the recent construction plans of the state and the autonomous region shall be examined and approved by the mineral management departments of the state and municipal people's governments (regional administrative offices) where the resources are located, and mining licenses shall be issued. The approval documents and certification materials of the mineral management departments below the state level shall be filed with the competent department of Geology and Mineral Resources of the People's Government of the autonomous region. Engaged in the business of sand, stone, clay mining, mining approval procedures in accordance with the above provisions. The excavation of sand, stone and clay for personal use does not require approval, and shall be carried out in the area designated by the villagers' committee.

(2) Township collective mining enterprises applying for mining marginal sporadic minerals within the mining area of state-owned mining enterprises shall make overall arrangements and sign opinions, report to the superior competent department of state-owned mining enterprises for approval, and apply for mining licenses in accordance with the provisions of the preceding paragraph.

(three) the specific measures for the examination and approval of coal mining shall be formulated separately by the people's Government of the autonomous region.

(4) Mining specific minerals, non-ferrous metals, precious metals, rare metals and other important minerals shall be examined and approved by the competent department of Geology and Mineral Resources of the autonomous region, and mining licenses shall be issued, unless otherwise stipulated by national laws and regulations. When necessary, the mining license may be examined and approved by the mineral management department at the next lower level authorized by it.