all provinces, autonomous regions and municipalities directly under the Central Government, and natural resources bureaus of Sinkiang Production and Construction Corps:
In order to further implement the requirements of the Party Central Committee and the State Council for stabilizing the economic situation and expanding effective investment, rationally develop and utilize sand and gravel resources (including sea sand, the same below), and stabilize market supply, The relevant matters are hereby notified as follows:
I. Scientific Planning, Development and Layout
Local departments in charge of natural resources at all levels should conscientiously implement the requirements of the overall land and space planning and mineral resources planning, and may organize the preparation of special plans for sand and gravel resources in accordance with actual needs. Taking into account the conditions of resource occurrence, the red line of cultivated land and permanent basic farmland protection, the red line of ecological protection, the red line of historical and cultural protection, the marine ecological protection and the construction of green mines, as well as the factors of urban development, industrial layout, balance between supply and demand, and transportation distance, the centralized sand and gravel mining areas or mining planning areas are delineated. It is also included in the "one map" of territorial spatial planning to implement supervision, rationally guide the release of sand and gravel mining rights, avoid unreasonable problems such as residual mountains and slopes left over after mining, such as ridge line demarcation, and realize green development, intensive mining, systematic restoration and life cycle management of sand and gravel resources.
2. Departments in charge of natural resources
responsible for the registration of the transfer of mining rights of sand and gravel resources shall organize necessary exploration and establish a project bank for the transfer of mining rights of sand and gravel resources in accordance with mineral resources planning or special planning for sand and gravel resources. Consider the distribution and service life of existing sand and gravel resources mining rights as a whole, strengthen the analysis of sand and gravel market operation, reasonably determine the number and scale of sand and gravel resources mining rights to be set up in a certain period of time, and actively and orderly launch according to market demand.
3. Actively implement the transfer
of "net ore" and the competent department of natural resources responsible for the registration of the transfer of the mining right of sand and gravel resources shall, in conjunction with the relevant departments, carry out on-the-spot survey before the transfer, verify the prohibited and restricted areas for sand and gravel mining, strictly implement the space concession in the prohibited areas, clarify the control requirements for the restricted areas, and ensure the safety of the restricted areas. Reasonably determine the scope of transfer of mining rights. Relevant departments shall clarify the relevant requirements for land use (forest and grass), sea use, environmental protection, water and soil conservation, safety and other mining-related formalities, so as to avoid subsequent prohibitive obstacles. The transfer of sea sand mining rights should strictly implement the system of "two rights in one" bidding, auction and listing transfer of sea sand mining rights and sea area use rights. After the transfer, we should actively optimize the registration process of mining rights, simplify the registration requirements, improve the efficiency of registration services, and ensure the timely and smooth exploitation of mining rights.
4. Strict management
of the use of sand and gravel in construction projects, such as energy, transportation, water conservancy and other infrastructure, linear engineering and other construction projects approved for establishment, shall use sand and gravel in accordance with the principle of saving and intensive use, within the scope of land for construction projects (excluding temporary land) approved by the natural resources department, and within the scope of land for construction projects approved by the natural resources department. The sand and gravel produced by the construction of the project can be directly used for the construction of the project without a mining license. The remaining sand and stone materials for self-use mentioned above shall be reported by the local competent department of natural resources to the local people's government at or above the county level for disposal on the public resources trading platform. It is strictly forbidden to expand the scope of construction to excavate sand and gravel without authorization, and to sell or dispose of sand and gravel used in construction without authorization in the name of donation. The sea sand produced by the channel dredging project shall be handled by reference.
5. To standardize the management
of sand and stone materials produced by mining, non-sand and stone production mines shall, in accordance with the mine design or development and utilization plan within their mining areas, give priority to the comprehensive utilization of sand and stone materials produced by mine stripping, roadway development and mineral processing for the filling, repair and treatment of the mine's roadways and engineering construction. If there is still surplus after utilization, the competent department of natural resources in the locality shall report to the local people's government at or above the county level to organize the disposal of the public resources trading platform.
6. Actively promote the construction of
green mines. The requirements for the construction of green mines should be included in the announcement of the transfer of mining rights, and the requirements for the establishment of green mines and the liability for breach of contract should be clearly defined in the contract for the transfer of mining rights. New sand and gravel mines should be built according to the requirements of green mine standards, and mines in production should actively promote the construction of green mines, clarify the time limit for improvement, and gradually meet the requirements of green mines. Mining enterprises should conscientiously fulfill the obligation of ecological protection and restoration of mines, and carry out ecological protection and restoration throughout the whole process of mining activities.
7. To strengthen supervision and law enforcement
, we should explore and implement information-based supervision such as electronic fences and unmanned aerial vehicles based on the basic information platform of land and space, encourage social supervision, promptly stop illegal acts found, and seriously investigate and punish them in accordance with the law and regulations. Those who fail to fulfill their legal obligations or fail to fulfill their legal obligations shall be ordered to rectify within a time limit, and those who fail to rectify shall be investigated for legal liability, and shall be included in the list of anomalies or serious violations of the mining information publicity system in accordance with relevant provisions. Strengthen the daily supervision and law enforcement of sand and gravel resources, and seriously investigate and punish illegal and irregular activities such as unlicensed mining, cross-border mining and destructive mining, especially illegal mining activities in the name of various projects. Those suspected of illegal mining crimes shall be transferred to judicial organs for criminal responsibility. Those suspected of violating discipline and law shall be transferred to the disciplinary inspection and supervision organ for handling. Actively cooperate with marine police departments to strengthen law enforcement supervision over the exploitation of sea sand resources, and strengthen information sharing and coordination. According to the requirements of this circular,
all localities may further refine the relevant management regulations in light of the actual situation. The Reply of the Ministry of Land and Resources on Issues Concerning the Application of Laws to Mineral Resources such as Rock Chiseling, Sand, Stone and Soil Excavation (GTZH [1998] No.190) and the Reply of the Ministry of Land and Resources on Issues Concerning the Interpretation of Mineral Resources of Sand, Stone and Soil Excavation in Engineering Construction (GTZH [1999] No.404) shall be abolished simultaneously. Ministry
of Natural Resources
April 10
, 2023
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