On September 4, the Department of Natural Resources of Liaoning Province announced that in order to further deepen the reform of "releasing control clothing" and give full play to the decisive role of market allocation of resources, Liaoning Province intends to formulate "Opinions on Several Matters Concerning Deepening the Reform of Mineral Resources Management in Liaoning Province", which has formed a draft for comments and is now widely soliciting opinions from all walks of life. Please feedback your comments and suggestions to Liaoning Provincial Department of Natural Resources before September 6, 2023.
The Opinions on Several Matters Concerning Deepening the Reform of Mineral Resources Management in Liaoning Province (Draft for Soliciting Opinions) includes clarifying the registration authority of mining rights transfer at or below the provincial level, optimizing the examination and approval procedures of mining rights, and strictly controlling the transfer of mining rights agreement. The full text is as follows:
Opinions
on Several Issues Concerning Deepening the Reform of Mineral Resources Management in Liaoning Province (Draft for Soliciting Opinions)
In order to further deepen the reform of "releasing control clothing" and give full play to the decisive role of market allocation of resources, In accordance with the spirit of the Notice of the Ministry of Natural Resources on Further Improving the Registration Management of Mineral Resources Exploration and Exploitation (ZZG [2023] No.4, hereinafter referred to as Document No.4) and the Opinions of the Ministry of Natural Resources on Several Matters Concerning Deepening the Reform of Mineral Resources Management (ZZG [2023] No.6), the following opinions are put forward on deepening the reform of mineral resources management in our province.
1. To clarify the registration authority
for the transfer of mining rights at or below the provincial level (1) To divide the registration authority for the transfer of mining rights according to the minerals, and to implement the same level management for the transfer of mining rights (exploration rights and mining rights) of the same minerals.
Provincial natural resources authorities are responsible for 23 strategic minerals of coal, coalbed methane, iron, manganese, chromium, vanadium, titanium, copper, aluminium, nickel, gold, boron, phosphorus, fluorite, niobium, tantalum, beryllium, zirconium, hafnium, germanium, gallium, indium and rhenium, 2 provincial dominant minerals of magnesite and talc, and 3 provincial scarce minerals of silver, lead and zinc. Dolomite, marble and other magnesium-related minerals, sea sand authorized by the Ministry of Natural Resources, a total of 31 minerals have been registered for the transfer of mining rights. The competent department of natural resources
at the county level shall be responsible for the registration of the transfer of mining rights such as sand, stone and soil for ordinary construction outside the river. The competent departments of natural resources
at the municipal level shall be responsible for the registration of the transfer of mining rights other than transfer of registered minerals by the competent departments of natural resources at the ministerial, provincial and county levels.
(2) The registration of the transfer of mineral rights across the administrative regions of cities and counties within the province shall be handled by the competent department of natural resources at the next higher level or by the competent department of natural resources at the next lower level designated by the competent department of natural resources according to law. If multiple mining minerals are involved, they shall be managed according to the registration authority of the main minerals determined by the development and utilization plan. If the change (addition) of the established mining right involves the change of the main mineral, it shall be managed according to the registration authority of the transfer of the main mineral after the change (addition).
2. Optimizing the examination and approval procedures
for mining rights (3) Provincial natural resources authorities shall formulate the Annual Plan for the Transfer of Mining Rights at the Provincial Level in accordance with the transfer plan and mineral reserve submitted by municipal natural resources authorities, and timely release mining rights according to market demand.
(4) To cancel the deliberation procedures of the standing meetings of the people's governments at the municipal and county levels for the examination, approval and registration of mining rights at the provincial level, which shall be handled directly by the competent departments of natural resources at the provincial, municipal and county levels.
(5) The competent department of natural resources at the municipal level shall do a good job in verifying the mining rights transferred by the Ministry and the provincial level, and issue verification opinions to the competent department of natural resources at the provincial level.
(6) The competent department of natural resources at the municipal level or the competent department of natural resources at the municipal level shall entrust the competent department of natural resources at the county level to solicit opinions in writing from the competent departments of protected areas at the same level for the verification of the prohibited and restricted scope of exploration and exploitation stipulated in document No.4. After summarizing, it shall be made clear in the verification opinions of the municipal natural resources authorities on the application for registration of mining rights.
(7) The competent departments of natural resources at the municipal or county level shall scientifically predict the registration items of mining rights that are about to expire this year and need to be handled, and complete the procedures for soliciting opinions from the competent departments of protected areas at one time before the end of February each year, so as to further improve the efficiency of examination and approval.
(8) When transferring mining rights such as sand, stone and soil, the competent department of natural resources at the county level shall determine the scope of transfer according to the amount of resources to be transferred, and shall be appropriate and matched with the scale of production and the term of transfer.
3. Strictly control the transfer
of mining rights by agreement (9) For key construction projects approved by the State Council, the competent department of natural resources may transfer mining rights to specific subjects by agreement. The transfer of mining rights by agreement mentioned above shall be submitted to the people's government at the same level for approval, in which the transfer of mining rights by agreement at the provincial level shall seek the opinions of the relevant municipal people's governments, and the transfer of mining rights by agreement at the municipal level shall seek the opinions of the relevant county people's governments.
(10) Based on the requirements of mine safety production and the rationality of mining rights setting, it is necessary to use the original production system to further explore and exploit mineral resources (except for sand, stone and soil minerals for ordinary construction). As well as the crevice area with a distance of about 300 meters between adjacent mining rights of the same subject, the competent department of natural resources may transfer the exploration or mining rights by agreement.
(XI) The feasibility report shall be submitted by the mining right holder for the agreed transfer of scattered resources around the established mining right, and the examination and approval registration authority shall entrust a third-party organization to issue examination opinions: whether the use of the original production system for further exploration and development is reliable in safety, reasonable in economy and feasible in technology; Whether the prospecting right or mining right cannot be set up separately.
1. Surrounding resources: belong to the same ore body as the resources within the scope of the established mining right, and the resources have been submitted, and the exploration right or mining right cannot be established separately.
2. Scattered resources: the resources within the scope of the established mining right are discontinuously distributed and the distance is controlled at about 300 meters, the amount of resources has been submitted, and the exploration right cannot be set separately.
(12) The opinions of the people's government at the next level shall be sought for the mining rights transferred by agreement in three cases, namely, the surrounding areas of the established mining rights, the scattered resources, and the crevice areas about 300 meters away from the adjacent mining rights of the same subject.
4. Strengthen the management
of the proceeds from the transfer of mining rights (13) The competent departments of natural resources at all levels shall carry out the assessment of the proceeds from the transfer of mining rights in accordance with the authority of issuing certificates, and determine the amount of the proceeds from the transfer of mining rights by means of the assessment of the proceeds found in the daily supervision and management process. It is organized and carried out by the municipal natural resources authorities.
5. Standardizing the assessment and filing
of mineral resources reserves (14) Provincial natural resources authorities shall be responsible for the assessment and filing of mineral resources reserves with provincial certification authority, and the specific work shall be entrusted to the Provincial Natural Resources Affairs Service Center. The competent departments of natural resources at the municipal and county levels shall be responsible for the assessment and filing of mineral resources reserves with the authority to issue certificates at the municipal and county levels, and the administrative authority shall be determined by the competent departments of natural resources at the municipal level. The competent departments of natural resources at the municipal or county level may directly organize the assessment and filing of mineral resources reserves, or entrust relevant institutions to undertake them. If public institutions do not have the ability to organize evaluation, they can purchase evaluation services from enterprises or social organizations by means of government procurement.
This opinion shall be implemented from the date of issuance and shall be valid until July 25, 2028. Where other documents issued before the implementation of this Opinion are inconsistent with this Opinion, this Opinion shall prevail.
浙公网安备33010802003254号