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正文內(nèi)容

《礦產(chǎn)資源法》word版(文件)

 

【正文】 ignfunded exploration and mining of mineral resources, such provisions shall prevail. Article 51 Before this Law goes into effect, anyone who mined mineral resources without going through approval procedures, without having the mining area delimited and without obtaining a mining license shall apply for pletion of the formalities in accord。 if consultation fails, the relevant local people39。s Court, or plies with the decision on punishment, the department that made the decision shall request the People39。s government at or above the county level. The administrative penalties prescribed in Article 44 shall be meted out by the department in charge of geology and mineral resources under the people39。s governments at or above the county level shall provide guidance and assistance to collectivelyowned mining enterprises and privatelyowned mining undertakings in carrying out technological updating, improving business management and ensuring safety in production. Chapter VI Legal Liabilities Article 39 If a person, in violation of the provisions of this Law, mines without a mining license, enters and mines without authorization in a mining area that is embraced in State plan or a mining area that is of great value to the development of the national economy or mines without authorization specified minerals of which protective mining is prescribed by the State, he shall be ordered to stop mining, pensate for the losses caused, and his mineral products and unlawful proceeds shall be confiscated, and he may also be fined. If he refuses to stop mining and thus causes damage to the mineral resources, the persons who are directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law. Any units or individuals who enter and mine in the mining areas of Stateowned mining enterprises and other mining enterprises established by others in accordance with law shall be punished in accordance with the provisions of the preceding paragraph. Article 40 If a person mines beyond the approved limits of his mining area, he shall be ordered to return to and mine in his own area and pensate for the losses caused, and the mineral products extracted outside his area and his unlawful proceeds shall be confiscated, and he may also be fined. If he refuses to return to his own mining area and causes damage to the mineral resources, his mining license shall be revoked and the persons directly responsible shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the Criminal Law. Article 41 If a person steals or plunders mineral products or other property of mining enterprises or exploration units, damages mining or exploration facilities, or disrupts order in production and other work in mining areas or areas under exploration, he shall be investigated for criminal responsibility in accordance with relevant provisions of the Criminal Law。 and (6) other areas where mineral mining is prohibited by the State. Article 21 If a mine is to be closed down, a report must be prepared with information about the mining operations, hidden dangers, land reclamation and utilization, and environmental protection, and an application for examination and approval must be filed in accordance with relevant State regulations. Article 22 If, in the course of mineral exploration or mining, rare geological phenomena or ancient cultural remains of significant scientific and cultural value are discovered, they shall be protected and reported immediately to the relevant departments. Chapter III Exploration of Mineral Resources Article 23 Regional geological surveys shall be carried out in accordance with the unified State plan. Reports on regional geological surveys and the appended maps and other data shall be examined for acceptance in accordance with State regulations and then provided to relevant departments for use. Article 24 In conducting a general survey of mineral resources, after pleting survey of the major minerals, a preliminary prehensive assessment shall be made of the minerogenetic conditions involving all paragenetic or associated minerals and of the industrial perspective of the mineral deposits in the area being surveyed. Article 25 In prospecting for mineral deposits, a prehensive assessment of the paragenetic and associated minerals of mercial value within the mining area must be made and their reserves calculated. Any prospecting report without such prehensive assessment shall not be approved. However, an exception shall be made of those mineral deposits for which the planning department under the State Council has made other stipulations. Article 26 In conducting general surveys and prospecting for special fragile nonmetallic minerals, fluid minerals, bustible, explosive and soluble minerals and minerals containing radioactive elements, methods prescribed by the relevant departments under the people39。 (2) within a certain distance from important industrial districts, largescale water conservancy works or municipal engineering installations of cities and towns。s congresses of provinces, autonomous regions and municipalities directly under the Central Government according to law. Where examination and approval are conducted and mining licenses are issued under the provisions of paragraph 3 and paragraph 4, the departments in charge of geology and mineral resources under the people39。 (4) those in the territorial seas and other sea areas under China39。s governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist the departments in charge of geology and mineral resources at the corresponding levels in supervising and administering the exploration and mining of the mineral resources. Chapter II Registration for Exploration of Mineral Resources and Examination and Approval of Mining
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