Provisions for geological environmental protection in mines
（Selection）
Chapter I. General provisions
Chapter I. General provisions
Article 1 These provisions are formulated in accordance with the Mineral Resources Law of the People's Republic of China and the Regulations on the Prevention and Control of Geological Disasters for the purpose of protecting the geological environment of mines, reducing the damage to the geological environment of mines caused by the exploration and mining activities of mineral resources, protecting the safety of people's lives and property, and promoting the rational exploitation and utilisation of mineral resources as well as the co-ordinated development of economy, society, resources and the environment.
Article 2 These provisions shall apply to the prevention and treatment and restoration of ground subsidence, geocracks, avalanches and landslides in mining areas, the destruction of aquifers, and the destruction of topographical and geomorphological landscapes as a result of activities such as the exploration and exploitation of mineral resources.
Where the exploitation of mineral resources involves land reclamation, it shall be carried out in accordance with national laws and regulations on land reclamation.
Article 3 Mining geological environmental protection, adhere to the prevention-oriented, prevention and control combination, who develops who protects, who destroys who treats, who invests who benefits principle.
Article 5 The State encourages scientific and technological research on geological environmental protection in mines, popularises relevant scientific and technological knowledge, promotes advanced technologies and methods, formulates relevant technical standards and raises the scientific and technological level of geological environmental protection in mines.
Article 6 The State encourages enterprises, social groups or individuals to invest in the treatment and restoration of the geological environment of closed or abandoned mines.
Article 7 Any unit or individual has the right to report and complain about illegal acts that damage the geological environment of mines.
Chapter III. Governance restoration
Article 21 After the treatment and restoration of the mining geological environment, the State encourages the development of mining geosites with ornamental value and scientific research value into mining parks.
National mine parks are declared by the administrative departments of land and resources of provinces, autonomous regions and municipalities directly under the Central Government, and are validated and announced by the Ministry of Land and Resources.
Chapter IV. Supervision and management
Article 26 The administrative departments of land and resources at or above the county level supervise and inspect the fulfilment of the obligations of mining right holders in respect of geological environmental protection and governance and restoration of mines.
The relevant responsible persons shall co-operate with the supervision and inspection of the administrative departments of land and resources at or above the county level, and provide the necessary information and truthfully reflect the situation.
Article 27 The administrative departments of land and resources at or above the county level shall establish a monitoring system for the geological environment of mines in the administrative area, improve the monitoring network, carry out dynamic monitoring of the geological environment of mines, and guide and supervise the mining right holders in carrying out monitoring of the geological environment of mines.
Mining right holders shall regularly report to the county-level administrative department of land and resources where the mine is located on the geological environment of the mine, and truthfully submit monitoring information.
The administrative department of land and resources at the county level shall regularly report the summarised information on the monitoring of the geological environment of mines to the administrative department of land and resources at the next higher level.
Article 28 The administrative departments of land and resources at or above the county level, in performing their duties of supervision and inspection of the geological environmental protection of mines, shall have the right to carry out on-site inspections of the implementation of the treatment and restoration measures established by the programme for the protection and treatment and restoration of the geological environmental protection of mines and the monitoring of the geological environment of mines, and shall have the right to stop any violation of the present provisions and investigate and deal with it in accordance with the law.
Article 29 In the event of a mining geological environmental emergency caused by activities such as the exploitation of mineral resources, the person responsible shall take emergency measures and immediately report to the local people's government.
Chapter V. Legal liability
Article 30 If, in violation of these provisions, a mining geological environment protection and treatment and recovery plan should be compiled but has not been compiled, or if the scale of mining is expanded, the scope of the mining area is changed or the mining method is changed, and the mining geological environment protection and treatment and recovery plan is not re-compiled and approved by the original approving authority, the administrative department of land and resources at or above the county level shall order correction within a certain period of time; and if the correction is not made after the expiration of the period of time, the person concerned shall be sentenced to a fine of not more than 30,000 yuan, and the administrative department of land and resources that issues The administrative department of land and resources of the mining licence shall not pass the annual inspection of its mining licence.
Article 31 Anyone who violates the provisions of Article 16 and Article 23 of these Regulations, fails to treat the mine in accordance with the approved mine geological environment protection and treatment and restoration programme, or fails to complete the treatment and restoration of the mine before it is approved to be closed down or the pit is closed, shall be ordered by the competent administrative department of land and resources at or above the county level to make corrections within a certain period of time; and if he or she refuses to make corrections after the expiry of this period of time, shall be imposed a fine of not more than RMB 30,000 yuan, and shall not be allowed to accept his or her application for a new mining right for five years.
Article 32 If a person violates the provisions of Article 18 of these Regulations and fails to deposit the deposit for the treatment and restoration of the geological environment of a mine on time, the competent administrative department of land and resources at or above the county level shall order the deposit to be made within a certain period of time; if the deposit is not made within a certain period of time, it shall impose a fine of not more than RMB 30,000 yuan. The administrative department of land and resources that issued the mining licence shall not adopt its annual report on mining activities, and shall not accept its application for continuation and change of mining right.
Article 33 Violation of the provisions of Article 25 of these provisions, the prospecting right holder fails to take measures for governance and restoration, by the land and resources administrative department at or above the county level shall order rectification within a certain period of time; if it refuses to rectify the situation after the expiry of the deadline, it shall impose a fine of not more than 30,000 yuan, and it shall not accept its new application for prospecting right or mining right within 5 years.
Article 34 Anyone who violates these provisions by disturbing or obstructing the work of geological environment protection and governance and restoration of mines, or by encroaching on, damaging or destroying the facilities for monitoring the geological environment of mines or the facilities for the protection and governance and restoration of geological environment of mines, shall be ordered by the competent administrative department of land and resources at or above the county level to stop the illegal act, restore the original status quo ante within a certain period of time, or take remedial measures, and shall be imposed a fine of not more than RMB 30,000 yuan; and if the act constitutes a crime, the person shall be prosecuted for criminal liability.
Article 35 If any staff member of the administrative department of land and resources at or above the county level violates these Provisions and neglects his duties, abuses his power or acts in favour of his own interests in the supervision and management of the geological environment protection and governance and restoration of mines, he shall be given an administrative sanction in accordance with law to the responsible person concerned; and if the violation constitutes a crime, he shall be investigated for criminal responsibility in accordance with law.
