Interpretation of the Regulations on Mine Geological Environment Protection

The Regulations on Mine Geology and Environmental Protection was reviewed and approved at the 4th Ministerial Conference of the Ministry of Land and Resources on February 2, 2009. It will be implemented as of May 1, 2009 (Decree No. 44 of the Ministry of Land and Resources of the People's Republic of China).

(1) <Regulation> The background of the introduction: China's mining caused by mining subsidence, groundwater dewatering, geological and geomorphological landscape damage and other issues, has seriously jeopardized the normal production and life of the people in the mining area, restricting the sustainable development of the local economy and society. According to statistics, among the 113,108 mines in the country, the area of ​​the goaf is about 1.349 million hectares, accounting for 26% of the area of ​​the mine; the area of ​​land occupied or destroyed by mining activities is 2.383 million hectares, accounting for 47% of the area of ​​the mine; There were 12,366 geological disasters, causing direct economic losses of 16.63 billion yuan and about 450 casualties. The geological environment is very serious.

(2) The reasons for these problems mainly come from three aspects. First, the mine geological environment protection mechanism is not perfect, lack of special legislation, but scattered in some provisions of some relevant laws and regulations, lack of independent, unified and targeted laws and regulations or regulations to regulate it. The decentralized regulations have resulted in poor pertinence and operability in practice, and mine geology and environmental protection cannot be relied upon. Second, mining development has a phenomenon of “re-development and light protection”. Due to the lack of effective supervision means, liability system and special legislative norms, mining rights holders only pay attention to mining resources, and generally lack the awareness of protecting mine geological environment; the design of mineral resources development does not regard the protection of mine geological environment as an important content. The supervision is not in place, which leads to great pressure on mine geology and environmental protection. Third, the lack of mine geological environment protection and recovery and management of special funds. At present, the company basically does not have funds specifically for protecting and restoring the geological environment of the mine. The environmental cost of mining mineral resources is not included in the production cost of the enterprise. After the mine geological environment is destroyed, the company has no special funds for treatment. To this end, it is imperative to strengthen legislation and formulate specific regulations to solve the increasingly serious problems of mine geological environment in reality. The regulations were introduced under this situation.

(3) Provision interpretation

1. Purpose: To protect the geological environment of the mine, reduce the damage of the mine geological environment caused by the exploration and exploitation of mineral resources, protect the safety of people's lives and property, promote the rational development and utilization of mineral resources and the coordinated development of economy, society and resources.

2. Scope of application: Prevention and treatment of ground subsidence, ground fissures, collapses, landslides, aquifer damage, topographical landscape damage, etc. due to mineral resources exploration and mining activities. If the exploitation of mineral resources involves land reclamation, it shall be implemented in accordance with the laws and regulations of the State concerning land reclamation.

3, the principle of mine geological environment protection: adhere to the principle of prevention, prevention and control, who develops who protects, who destroys who governs, who invests who benefits. To prevent it, the main means is to prepare the plan. The administrative departments of land and resources at all levels shall be responsible for the investigation and evaluation of the mine geological environment in their respective administrative areas, and shall prepare the mine geological environment protection plan accordingly.

4. Main contents of governance restoration: When applying for mining license, the applicant for mining rights should prepare a mine geological environment protection and treatment recovery plan. If the mining right holder should pay the restoration deposit for the geological environment management of the mine, and the mining area, minerals or mining methods are changed, the mining right holder shall pay the recovery guarantee deposit according to the changed standard. The mining right holder shall strictly implement the approved mine geological environment protection and treatment plan. If the mining resources cause damage to the geological environment of the mine, the mining right owner shall be responsible for the recovery and recovery, and before the mine is closed, the mine geological environment management recovery obligation shall be completed, and if the mining rights are transferred, the obligation shall be transferred at the same time. After the restoration of the geological environment of the mine, the state encourages the development of mining parks with ornamental value and scientific research value. If the prospecting right owner fails to apply for mining rights after the end of the mineral resources exploration activities, it shall take corresponding measures to restore the safety hazards.

5. Supervision and management: The “Regulations” emphasize that the administrative department of land and resources at or above the county level is responsible for supervising and inspecting the performance of the mining rights holders’ performance of the restoration and restoration activities, and establishing a mine geological environment monitoring work system within its administrative area, which is regularly reported. The supervised person shall cooperate and truthfully reflect the situation. The administrative department of land and resources at or above the county level has the right to conduct on-site inspections on the implementation of the mine geological environment protection and treatment restoration plan and the monitoring of the geological environment of the mine.

6. Legal Responsibilities: The requirements of the Regulations shall be prepared or re-formed without the preparation of the mine geological environment protection and treatment recovery plan. If the restoration is not carried out in accordance with the approved plan, or if the restoration is not completed before the mine is closed, If the deposit is not paid on time, disturbing or hindering the geological environment protection and restoration of the mine, the land and resources departments at or above the county level have the right to impose penalties according to law. For mines that have been built and under construction before the implementation, the mining right holders shall prepare mine geological environmental protection and treatment recovery plans in accordance with these regulations, and deposit deposits.

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