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Shaanxi Province’s Implementation Measures for Several Matters in Promoting the Reform of Mineral Resources Management (Interim)

Release date: 2020-05-01    Author:    Source:    Clicks: 3786   Share to:

  In order to implement the Party Central Committee、The State Council’s decision-making and deployment on the reform of the mining rights transfer system,Give full play to the decisive role of the market in allocating resources and the regulatory role of the government,Deepening the reform of “decentralizing power, delegating power, delegating power, delegating power, delegating power and optimizing services”,Further improve mineral resource management,According to the "Opinions of the Ministry of Natural Resources on Several Matters to Promote the Reform of Mineral Resources Management (Trial)" (Natural Resources Regulations [2019] No. 7),Based on the reality of our province,Develop these measures。

   1. Mining rights transfer method

(1) Comprehensively promote the competitive transfer of mining rights

  Except for two special circumstances of agreement transfer,Mining rights are subject to bidding、Auction、Open competition for transfer by listing,Let the market determine the risks of exploration and mining,Determine the income from the transfer of mining rights。

  Tendering、Auction、Before listing and selling mining rights, you should register on the website of the natural resources department、Not less than 20 working days after the announcement on the portal website of the natural resources authority at the same level (or government portal website) and the government public resource trading platform (mining rights trading platform)。Telled by bidding,Based on bidding conditions,Comprehensive selection of the best to determine the winning bidder;Sold by auction,The bidder with the highest bid and not lower than the reserve price is the winner;Sold by listing,The bidder with the highest bid and not lower than the reserve price is the winner,There is only one bidder and the price is not lower than the reserve price,Listing transaction。

(2) Strictly control the transfer of mining rights agreements

  The transfer of mining rights by agreement is limited to the following two situations: one is rare earth、Radioactive mineral exploration and mining projects or key construction projects approved by the State Council,The natural resource authorities may transfer mining rights to specific entities by agreement;The second is based on considerations such as mine safety production and rational development and utilization of resources,Similar minerals in the deep or upper parts of which mining rights have been established (category of "Mineral Resources Classification Detail",Excluding sand, gravel, soil minerals for general construction),Need to use the original production system to further explore and exploit mineral resources,Prospecting and mining rights can be transferred to the same entity by agreement。

  Province、The transfer of mining rights agreed by the municipal natural resources department must be submitted to the local people's government dafabet loginat the same level for approval,Except for the deep or upper part of the established mining rights。Transfer of mining rights by agreement,Price evaluation must be performed、Result Announcement,The agreed transfer price shall not be lower than the market benchmark price,And sign a mining rights transfer contract in accordance with relevant regulations。

  2. Mining rights transfer registration authority

  In accordance with the provisions of Natural Resources Regulations [2019] No. 7,Implementing same-level management of the transfer and registration of exploration rights and mining rights for the same mineral type。The Ministry of Natural Resources is responsible for petroleum、Hydrocarbon natural gas、Shale gas、Natural gas hydrate、Radioactive Minerals、Tungsten、Rare earth、tin、Antimony、Molybdenum、Cobalt、Lithium、Potassium salt、Mining rights transfer of 14 important strategic minerals of crystalline graphite、Register。Other mineral transfer registration rights are as follows:

(1) Mining rights transfer registration authority of provincial natural resources authorities

  The provincial natural resources department is responsible for coal、Coal bed methane、Iron、Chromium、Copper、Aluminum、Gold、Nickel、Zirconium、Phosphorus、11 strategic minerals of fluorite and oil shale、Lead、Zinc、Manganese、vanadium、Titanium、Silver、Niobium、Tantalum、beryllium、Rubidium、strontium、Helium、Mining rights transfer of 14 types of limestone minerals for cement、Register。

(2) Municipal natural resources department’s mining rights transfer registration authority

  Municipal natural resources authorities are responsible for the removal of departments、Province、The county natural resources department is responsible for the transfer of mining rights、Mining rights transfer for mineral resources other than those registered (for specific mineral species, please refer to the "Mineral Resources Classification Details" in the attachment of the "Implementation Rules of the Mineral Resources Law of the People's Republic of China")、Register。

(3) County-level natural resources authorities’ mining rights transfer registration authority

  The county-level natural resources department is responsible for the sand, gravel, soil and limestone used in general construction (for building stone)、for ash making)、Sandstone (for bricks and tiles)、Natural quartz sand (construction、for bricks and tiles、Clay (for bricks and tiles)、Mining rights transfer of shale (for bricks and tiles) minerals、Register,The mining rights of such minerals are directly transferred through bidding, auction and listing。

  3. Actively promote “net ore” transfer

(1) Do a good job in the preliminary work for the transfer of mining rights

  Adhere to the principle of comprehensive development of mineral resources and the exclusive principle of setting up mining rights,Properly handle the spatial and temporal development relationships of various minerals,Scientific and reasonable demarcation of exploration and mining rights transfer blocks,Solve issues such as overlapping mining rights with different registration authority for oil and gas and non-oil and gas minerals in advance,Protect the rights and interests of state owners and the legitimate rights and interests of mining rights holders。

(2) Actively promote “net ore” transfer

 The transfer of mining rights must comply with mineral resource planning、Relevant industrial policies and other regulations。

 The proposed transfer of exploration and mining blocks must avoid the ecological protection red line in accordance with the law、Various protected areas、Permanent basic farmland and prohibition、Restricted exploration and mining areas, etc.,And do a good job in connecting with the approval matters such as land use, forestry and grass,Deal with space avoidance issues in advance,In order to facilitate the transfer of mining rights,Mining rights holders can carry out exploration and mining work normally。

(3) Recovery of mining rights and return of income

  If the mining rights holder is unable to carry out normal exploration and mining work as scheduled due to the preliminary work of the mining rights transfer,The natural resource authorities can take back mining rights,And refund the mining rights transfer income and other fees collected in accordance with relevant regulations。

  IV. Competitive Transfer Procedure

(1) Solicitation of mining rights to be transferred

  Mining rights projects that natural resource authorities at all levels regularly solicit from the public or select for transfer based on dafabet.com mobilegeological survey results,According to the transfer registration authority, the natural resources authority will establish a mining rights transfer project database for transfer。

(2) Determine the mining rights transfer project

  The natural resources authorities shall respond to the needs of economic and social development and the market demand for mining rights,Select the best from the list of mining rights transfer projects,The annual transfer plan has been initially formed,After soliciting the opinions of the local people’s government,Solicit further development and reform、Ecological and environmental protection、Emergency、Forestry、Opinions of coal supervision and other relevant departments,Reasonably determine the scope of the mining rights transfer project。Meet the "net ore" transfer conditions,The natural resources authorities entrusted the Public Resources Trading Center to organize and implement the transfer in accordance with the "Mining Rights Transaction Rules" (Land and Assets Regulations [2017] No. 7)。

(3) Organize and implement mining rights transfer transactions

  Relevant announcement by the Public Resources Trading Center in accordance with the "Mining Rights Trading Rules"、Transaction form and process、Regulations on publicity and disclosure,According to the requirements of the transfer letter of authorization from the natural resources authority,Concrete organization and implementation of mining rights transfer,And issue a bid winning notice or sign a transaction confirmation。

(4) Registration of mining rights transfer

  The natural resources authority signs a mining rights transfer contract with the winning bidder or winner based on the bid winning notice or transaction confirmation and goes through the transfer registration procedures。

  5. Opening up the oil and gas exploration and production market

  Registered in the People’s Republic of China,Domestic and foreign-funded companies with net assets of not less than 300 million yuan、All are qualified to obtain oil and gas mining rights in accordance with regulations。Engaging in oil and gas exploration and mining should comply with safety requirements、Environmental protection and other qualification requirements and regulations,And have corresponding technical capabilities in oil and gas extraction。

  6. Implementing an integrated oil and gas exploration and production system

  According to the exploration and mining technical characteristics of oil and gas that are different from non-oil and gas minerals,Oil and gas mining rights implement a system of integrated exploration and production。The owner of oil and gas exploration rights discovers oil and gas resources that can be exploited,Extraction can be carried out after reporting to the natural resources authority with registration authority。The holder of exploration rights for oil and gas mineral resources shall sign a mining rights transfer contract within 5 years,Process mining rights registration according to law。

  Support and encourage coal mining rights holders to comprehensively explore and exploit coalbed methane resources。Coal mining rights need to increase coal bed methane mineral types,Need to go through the procedures for changing the exploration and mining registration,In principle, coal bed methane mining rights are not allowed to add coal mineral types。

  Coal、Coalbed methane already has overlapping mining rights,Mining rights holders should strengthen coordination and collaboration,Follow the "gas first、The principle of “mining coal later”,Must sign a cooperation production safety agreement,Ensure safe production for both parties。

  7. Adjust the term of exploration rights

(1) Initial registration period and renewal of exploration rights

  First registration of exploration rights for 5 years,Each extension is 5 years。Extended (changed) exploration rights approved before May 1, 2020,Extension (change) for 2 years in accordance with the original regulations;Newly established and extended (changed) exploration rights approved after May 1st,Extension for 5 years in accordance with the provisions of these measures。

(2) Reduction of exploration rights area

  When applying for renewal and registration of exploration rights, the area stated in the initial exploration license shall be deducted (except for the scope of submitted non-oil and gas resources/the scope of submitted proved geological reserves of oil and gas,25% of the established mining rights (excluding the upper or deep part of the vertical projection)The oil and gas exploration rights can be deducted from the dafabet loginsame area of ​​other blocks in the same basin by the exploration rights holder。

(3) Signing of the Exploration Rights Transfer Contract

 When the exploration rights that existed before the issuance of these measures expired and were extended,A transfer contract should be signed,Make it clear in the contract that the certified area is regarded as the initial area,As the basis for area deduction when handling the extension of exploration rights in the future,The exploration right lasts for 5 years。Matters involving payment of transfer income,It shall be implemented in accordance with the existing transfer income payment standards and regulations,And pay the tax department in time。

  8. Reform the classification of mineral resources reserves

  Divide mineral exploration stages into general surveys、Detailed check、Three stages of exploration,Cancel pre-examination stage。Scientifically determine the classification and classification of mineral resources reserves,Simplify solid minerals into two categories: resources and reserves,Resources are divided into inferred resources according to the degree of geological reliability from low to high、Controlled resources and proven resources level three;Reserves based on geological reliability and feasibility study results,Divided into two levels: credible reserves and proven reserves。

  Oil and gas minerals are divided into two categories: resources and geological reserves,The amount of resources is no longer graded,Geological reserves are divided into predicted geological reserves according to the degree of geological reliability、Controlled geological reserves and proven geological reserves level three。Enterprises can determine technically recoverable reserves based on technical capabilities,Determine economically recoverable reserves based on operating decisions。

  9. Cancellation of mineral resource reserve registration matters

  Simplifying the review filing and registration matters of consolidated mineral resources reserves,Reduce processing steps and requirements,Incorporate the contents of the mineral resource reserve registration into the review and filing management,No longer required for mining rights registration,The review and filing results serve as the basis for statistics。

  10. Clarify the scope and authority of review and filing

  Reducing the scope of review and filing,Involving the transfer of exploration rights to mining rights,Change of mineral type or scope of mining rights,The proven geological reserves of oil and gas minerals during the exploration period、Other minerals whose resources have undergone significant changes during mining (significant changes refer to changes exceeding 30% or above medium-sized scale),And construction projects that overwhelm important minerals,A mineral resource reserve report should be prepared,Application for review and filing。The natural resources authorities no longer reserve exploration rights、Change mineral type,Extension of exploration rights and mining rights、Transfer、Assignment,Delineate the scope of the mining area,Find out、Occupied reserve registration,Review and record for mine closure and listing financing。

  The Provincial Department of Natural Resources is responsible for the issuance of mining rights certificates at the provincial level and the review and filing of resource reserves involving important minerals (except oil, gas and radioactive minerals) covered by construction projects。Municipal natural resources department is responsible for the city、Mineral resource reserve review and filing work for issuance of mining rights certificates at the county level。The natural resources authority may entrust the mineral resources reserves review agency to carry out review work based on the scope and authority of review filings,Relevant expenses are included in the financial budget。

  Actively cultivate a market service system for mineral resource reserve review,Meet the needs of administrative management and market at all levels。Municipal-level natural resources authorities may decide based on actual work conditions,Through the market,Confirmed to be responsible for the city within this administrative region、Technical support agency for the review of mineral resources reserves for the issuance of mining rights certificates at the county level。According to the unified arrangement of the Ministry of Natural Resources,Carry out regular surveys on the current status of mineral resources reserves,Consolidate resource background data。

  11. Standardize financial investment in geological exploration work

  Exploration projects funded by central or local finance,No new exploration rights will be set,Carry dafabet.com mobileout geological exploration work based on the project mission statement。Those with exploration rights already established before the issuance of these Measures,The natural resources authorities can continue to apply for the extension of exploration rights,Cancel the exploration right after completing the required exploration work,The natural resources authorities shall face open competition among various market entities to transfer mining rights。

  These measures will be implemented from the date of issuance,Valid for three years。Other documents issued before the implementation of these Measures are inconsistent with the provisions of these Measures,Follow this method。