【Title】 Measures of Hubei Province on Administration of the Contingent Funds for Rehabilitation and Control of the Geologic Environment of the Mines
【Promulgation Date】 20070129
【Implement Date】 20070501
【Effectiveness】 Revised
隐藏关联资料 隐藏关联资料  下载  打印    字号  还原
隐藏“法条速查”  隐藏法条链接
Measures of Hubei Province on Administration of the Contingent Funds for Rehabilitation and Control of the Geologic Environment of the Mines

Article 1. With a view to protecting the geologic environment of the mines, preventing the geologic hazards, enhancing the rehabilitation and control of the geologic environment of the mines, these Measures are formulated in accordance with Regulations of Hubei Province on Administration of the Geologic Environment and in light of the actual situation of the Province.

Article 2. Any person with the mining right for exploitation of the mineral resources within the administrative domain of the Province shall fulfill his obligations to rehabilitating and controlling the geologic environment of the mines, and shall hand in the contingent funds for rehabilitation and control of the geologic environment of the mines (hereafter referred to as the contingent funds).

Article 3. The contingent funds refers to the reserve expenses handed by the person with mining right for the purpose of protecting the geologic environment of the mines, preventing the geologic hazards and restoring the vegetations, etc, during the process of mining the mineral resources or after closing a pit, suspending the operation or shutting down.

The contingent funds belong to the person with the mining right, which shall be listed as part of the production cost. Where the person with the mining right fulfills the obligations to controlling the environment of the mines and is proved qualified for acceptance, the principal of the contingent funds and the related interest income shall be refunded to the person with the mining right.

Article 4. The collection of the contingent funds shall be performed progressively in accordance with the limits of examination and approval authority for the mining right.

Where the license is examined and approved by the Ministry of Land and Resources or the Province, the contingent funds shall be collected by the provincial competent administrative department of land and resources; where the license is examined and approved by the city (prefecture) or county (city), the contingent funds shall be collected by the city (prefecture) or county (city) competent administrative department of land and resources

Article 5. The sum of the contingent funds for collection shall be calculated in accordance with the equation as follows:

The sum of the contingent funds for collection ﹦ the collection standard (the progression system) × the registered area on the mining permit × the mining depth coefficient × the validity of the mining permit (years)

As to the collection standard of the contingent funds and the mining depth coefficient, the appendix shall be consulted.

Article 6. Any person with the mining right shall sign the “Contract of Responsibilities on Rehabilitation and Control of the Geologic Environment of the Mines” with the competent administrative department of land and resources responsible for collection of the contingent funds, within one month after obtaining the mining permit.

Where any person with the mining right has obtained the mining permit before the enforcement of these Measures, he shall sign the “Contract of Responsibilities on Rehabilitation and Control of the Geologic Environment of the Mines” with the competent administrative department of land and resources and hand in the contingent funds within three months as of the day of enforcement of these Measures. The sum of the contingent funds shall be calculated as of the day of enforcement of these Measures.

The format for Contract of Responsibilities on Rehabilitation and Control of the Geologic Environment of the Mines shall be drafted uniformly by the provincial competent administrative department of land and resources.

Article 7. Where the validity of the mining permit is less than three years (including three years), the contingent funds shall be fully handed in at one time. Where the validity of the mining right is more than three years, the contingent funds may be handed in by installment. A sum of no less than 30% of the total contingent funds shall be handed in as the down payment. And the rest part shall be handed in averagely each year by the person with the mining right when handling the procedures for the annual check.

Article 8. Where the person with the mining right changes the mining area or the type of mine exploitation, or applies for the renewal of the registration of the mining permit when it expires, he shall re-sign the “Contract of Responsibilities on Rehabilitation and Control of the Geologic Environment of the Mines” with the competent administrative department of land and resources and hand in the contingent funds.

Article 9. Where the person with the mining right transfers the mining right, the procedures shall be handled simultaneously for transferring the capital and interest of the contingent funds. And the transferee of the mining right shall sign the “Contract of Responsibilities on Rehabilitation and Control of the Geologic Environment of the Mines” with the competent administrative department of land and resources and shoulder the corresponding obligations for Rehabilitation and Control of the Geologic Environment of the Mines.

Article 10. Where mining the mineral resources results in the geological disastrous damages or leads to the geologic hazard, the person with the mining right shall take measures to rehabilitate and control the geologic environment of the mines. If the person with the mining right does not timely take effective measures to rehabilitate and control the geologic environment of the mines, the competent administrative department of land and resources responsible for collection of the contingent funds, shall order him to conduct the rehabilitation and control within a time limit. If the person with the mining right does not conduct the rehabilitation and control, the competent administrative department of land and resources responsible for collection of the contingent funds, shall organize the relevant units to conduct the obligatory rehabilitation and control. And the expenses for this action shall be paid from the capital and interest of the contingent funds handed in by the person with the mining right. The person with the mining right shall fully pay the part of the contingent funds that is already spent within three months as of the day of completion of the rehabilitation and control project.

Article 11. Where the validity of the mining permit is more than three years and it is necessary to progressively conduct the rehabilitation and control of the geologic environment of the mines, the person with the mining right shall make a written application for the check and acceptance of the rehabilitation and control project by stages. If the project is checked and accepted as a qualified project, the competent administrative department of land and resources responsible for collection of the contingent funds, shall grant the Approval Notice for Check and Acceptance of the Rehabilitation and Control Project. Therefore, certain sum of the contingent funds required may be reduced.

  ……
  (此处省略若干字,欲需查看全文请成为法意会员或购买法意检索阅读卡
共有3 首页 上页 1 2 3 下页 尾页 转到第

案例数据库群

法规数据库群

更新列表 | 会员章程 | 法律声明 | 友情链接 | 法意介绍 | 法意招聘 | 京ICP备10009268号 版权所有©北京大学实证法务研究所