Implementation Regulations of the Mineral Resources Law of the People's Republic of China

 

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Mineral Resources Law of the People's Republic of China (hereinafter referred to as the Mineral Resources Law).

Article 2 The state promotes the rational development and utilization of mineral resources, strengthens the protection of mineral resources and the ecological environment, advances high-quality development of the mining industry, and safeguards mineral resources security.

Article 3 The catalog of mineral resources shall be formulated and adjusted by the competent natural resources department of the State Council in conjunction with the competent development and reform department of the State Council, and shall be submitted to the State Council for approval before public release.

The catalog of mineral resources covers types and classifications of mineral resources.

Article 4 The state increases investment in basic geological surveys, strengthens the workforce for such work, encourages social entities to participate in basic geological surveys in accordance with laws and regulations in an orderly manner, and improves the quality and efficiency of basic geological surveys.

Article 5 The state improves policies and measures concerning finance, banking, land, ecological environment, industry, import and export, etc., and improves the whole-chain coordination and linkage system for the exploration, production, supply, stockpiling and sales of strategic mineral resources. It scales up support for the exploration, exploitation, processing, trade and stockpiling of strategic mineral resources, promotes the upgrading of the strategic mineral resources industry, and enhances the capacity to guarantee mineral resources security.

The catalog of strategic mineral resources shall be formulated and adjusted by the competent natural resources department of the State Council in conjunction with relevant competent departments of the State Council, and shall be submitted to the State Council for approval before implementation. When formulating and adjusting the catalog, relevant mineral resources shall be assessed with the following factors taken into overall consideration:

1. Their importance to national economic and social development as well as national security;
2. Domestic resource endowments, shortage levels and external dependence;
3. Resilience and security of relevant industrial and supply chains;
4. Other factors that need to be considered.

For specific strategic mineral resources designated by the State Council, protective exploitation measures including planning control, total volume regulation and qualification restrictions on exploitation entities shall be implemented in accordance with laws, administrative regulations and relevant state provisions.

Article 6 Mineral resources plans formulated and approved in accordance with Article 9 of the Mineral Resources Law shall be publicly released in accordance with the law. All activities including geological surveys, mineral exploration, exploitation, protection and ecological restoration of mining areas shall comply with relevant mineral resources plans.

Competent natural resources departments of people's governments at or above the county level may, in light of actual needs, formulate special plans for the exploration, exploitation, protection and ecological restoration of mining areas targeting mineral resources in specific fields, regions or specific mineral types in conjunction with relevant departments. Relevant information shall be incorporated into the supervision and information system for the implementation of territorial space plans.

Article 7 Adhering to the principle of equality, mutual benefit and win-win cooperation, the state actively promotes international cooperation in investment, trade and technology in the mineral resources sector through various channels and means to maintain the security and stability of industrial and supply chains.

Overseas development and utilization of mineral resources shall safeguard national interests and public interests, comply with the laws and regulations of China and the host country or region, honor contracts, respect local customs and cultures, attach importance to ecological and environmental protection as well as work safety, strengthen risk prevention, complete relevant formalities as required, and accept supervision and administration by relevant Chinese authorities and diplomatic missions stationed abroad in accordance with the law.

Chapter II Mining Rights

Article 8 Mining rights shall be granted through competitive means such as bidding, auction and listing. For strategic mineral resources with severe shortages and medium or larger reserves, or exploration blocks with special requirements for exploration and exploitation technologies as well as ecological and environmental protection, exploration rights shall be granted through bidding on a priority basis.

Mining rights may be granted through agreement under any of the following circumstances:

1. Where relevant mineral resources shall be explored and exploited by designated entities as prescribed by laws, administrative regulations or provisions of the State Council;
2. Where it is necessary to continue exploiting mineral resources in the upper or deeper parts of registered mining areas, or exploit scattered and sporadic mineral resources adjacent thereto for the purpose of ensuring mine work safety or rational layout of mining rights;
3. Where mineral resources are explored and exploited in gap areas between adjacent registered exploration or mining areas of the same mining right holder, on which independent mining rights cannot be established;
4. Other circumstances prescribed by laws, administrative regulations or provisions of the State Council.

Where the urgent exploitation of strategic mineral resources is required to safeguard national mineral resources security, the competent natural resources department of people's governments at or above the provincial level may directly grant mining rights upon approval by the State Council.

Article 9 Competent natural resources departments of people's governments at or above the county level shall organize the granting of mining rights within their respective scope of authority.

The granting of mining rights for the following mineral resources shall be organized by the competent natural resources department of the State Council or its authorized competent natural resources departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government:

1. Strategic mineral resources;
2. Mineral resources distributed across different provinces, autonomous regions and municipalities directly under the Central Government;
3. Mineral resources within China's territorial seas and other maritime areas under its jurisdiction.

The scope of authority for granting mining rights for mineral resources other than those specified in the preceding paragraph shall be prescribed by people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

The granting of exploration rights and mining rights for the same mineral type shall be administered by authorities at the same level. Where the granting of mining rights involves multiple mineral types, the jurisdiction shall be determined by the principal mineral type; if the principal mineral type cannot be identified, the jurisdiction shall be subject to the mineral type with the highest level of approving authority.

Article 10 Competent natural resources departments of people's governments at or above the county level shall make overall arrangements for the granting of mining rights in light of mineral resources plans and supply-demand situations, and proceed with the granting in a timely manner for eligible projects.

Prior to granting mining rights, the competent natural resources department undertaking the granting work (hereinafter referred to as the mining right granting authority) shall conduct verification to ensure that the proposed exploration and mining areas comply with the control requirements of territorial space plans.

Exploration rights shall be granted on the basis of blocks divided by longitude and latitude.

Unless otherwise stipulated, the vertical projection scope of newly-established mining rights shall not overlap with that of existing ones, and no more than two mining rights shall be established for a single ore body suitable for centralized development.

Article 11 Entities and individuals that provide blocks eligible for establishing exploration rights to competent natural resources departments of people's governments at or above the county level shall be given appropriate rewards or compensations in accordance with relevant state provisions. Where such parties participate in the competitive granting of exploration rights for the aforesaid blocks, they shall be granted priority to obtain the exploration rights under equal conditions.

Article 12 Where mining rights are granted through competitive means, the mining right granting authority shall publish announcements on its official website, public resource trading platforms and other channels to disclose basic information of the mining rights to be granted, granting methods, competition rules, deposit requirements, risk warnings, qualification requirements for transferees including technical capabilities, as well as the rights and obligations of relevant parties. The announcement period shall be no less than 30 working days.

The competent natural resources department of the State Council and people's governments at or above the county level together with their competent natural resources departments shall create and maintain a fair and orderly market competition environment, and ensure all types of market entities may participate in the competitive granting of mining rights on an equal footing in accordance with the law.

Article 13 After mining rights are granted, the mining right granting authority shall sign a written mining right granting contract with the confirmed transferee.

If the mining rights fail to comply with territorial space plan control requirements due to verification errors of the mining right granting authority after the signing of the contract, making exploration or exploitation impossible, the transferee has the right to terminate the contract. Upon contract termination, the mining right granting authority shall refund the proceeds from mining right granting; if property losses are caused to the transferee, compensation shall be made in accordance with the law.

Article 14 Mining right holders shall pay in full and on schedule the proceeds from mining right granting, mining right occupation fees and other relevant charges in accordance with relevant state provisions and the stipulations of the granting contract. Specific measures for the collection of charges related to mining rights shall be formulated by the competent finance department of the State Council in conjunction with the competent natural resources department and competent tax department of the State Council, and shall be submitted to the State Council for approval before implementation.

Reduction or exemption of proceeds from mining right granting may be applied under any of the following circumstances:

1. Exploration and exploitation of low-grade or refractory mineral resources;
2. Outstanding achievements in the comprehensive development and utilization of mineral resources;
3. Emergency exploitation of mineral resources conducted in accordance with the law;
4. Other circumstances prescribed by the State Council.

Where proceeds from mining right granting are not paid in full and on schedule, liquidated damages shall be paid in accordance with relevant state provisions and the stipulations of the granting contract.

Article 15 The term of an exploration right is five years. The term may be renewed for a maximum of three times, with each renewal term being five years. For petroleum, natural gas and other strategic mineral resources designated by the competent natural resources department of the State Council, the number of renewals may be increased as appropriate subject to the consent of the competent natural resources department of the State Council.

The term of a mining right shall be determined based on mineral reserves and mine construction scale, and shall not exceed 30 years at maximum. Specific measures for determining the term of mining rights shall be formulated by the competent natural resources department of the State Council. If exploitable mineral resources still exist within the registered mining areas upon the expiry of the mining right term, the term may be renewed.

Prior to the expiry of the mining right term, the original mining right granting authority may take back the mining right in accordance with the law for public interests such as safeguarding national mineral resources security. Fair and reasonable compensation shall be given if a mining right is taken back.

Article 16 A mining right holder applying for term renewal shall submit an application to the original mining right granting authority within three to six months prior to the expiry of the mining right term. The original mining right granting authority shall make a decision on approval or rejection before the expiry of the term.

Article 17 Upon renewal of an exploration right, the exploration area shall be reduced at a proportion prescribed by the competent natural resources department of the State Council. Exploration areas where mineral resources have been verified or which fall under other circumstances specified by the aforesaid department shall be excluded from the calculation base for area reduction.

If part of an exploration area cannot be used for further exploration due to public interests such as ecological and environmental protection, infrastructure construction, or force majeure such as natural disasters, the area to be reduced may be offset against relevant certification documents in accordance with provisions.

Article 18 Where an exploration right holder applies to convert the exploration right into a mining right in accordance with Article 25 of the Mineral Resources Law, the application shall be submitted to the original mining right granting authority within the term of the exploration right, together with documents including mineral resources reserve reports. The original mining right granting authority shall sign a mining right granting contract with the applicant and establish a mining right, except under any of the following circumstances:

1. The verified mineral resources shall be exploited by designated entities other than the exploration right holder in accordance with relevant state provisions;
2. The verified mineral resources fail to meet the reserve scale or production capacity requirements stipulated by industrial policies;
3. Conversion into a mining right is prohibited due to public interests, or mining conditions no longer exist due to force majeure and other special circumstances;
4. Other circumstances prescribed by laws and administrative regulations.

Article 19 Mining rights may be transferred in accordance with the law. However, mining rights shall not be transferred under any of the following circumstances:

1. Mining rights obtained through agreement granting and held for less than five years;
2. Mining rights sealed up in accordance with the law;
3. Unclear or disputed ownership of mining rights;
4. Transfer of mining rights is prohibited under the mining right granting contract;
5. Other circumstances where transfer is prohibited by state provisions.

Mining rights directly granted by competent natural resources departments of people's governments at or above the provincial level in accordance with Paragraph 3 of Article 8 of these Regulations shall not be transferred without the consent of the original granting authority.

Where a change in actual controller results from equity transfer or other acts, the mining right holder shall report the matter to the original mining right granting authority.

Article 20 The transferee of a mining right shall possess the qualifications including technical capabilities required for transferees at the time of the original granting of the mining right.

Article 21 The transferor and transferee of a mining right shall sign a written mining right transfer contract to clarify the rights and obligations of both parties. The contract shall specify matters concerning the performance of ecological restoration obligations for the mining area.

The term of a transferred mining right shall be the remaining term of the original mining right.

Article 22 Registration formalities shall be completed in accordance with the law for the establishment, alteration, transfer, mortgage and termination of mining rights.

Article 23 The term "mineral resources explored with state investment" as specified in Item 1 of Article 28 of the Mineral Resources Law refers to mineral resource exploration activities funded by central or local finance for the purpose of safeguarding national mineral resources security. Exploration activities funded by the state may be carried out against project assignment documents without obtaining exploration rights.

Mining right holders conducting exploration within registered mining areas for mining operations, or exploring in the upper or deeper parts of registered mining areas, are not required to obtain exploration rights.

Article 24 Construction contractors extracting sand, stone and clay exclusively used for ordinary construction materials within approved operation areas and construction periods for project construction purposes are not required to obtain mining rights. Disposal of such extracted materials shall comply with relevant provisions of provinces, autonomous regions and municipalities directly under the Central Government; self-disposal is prohibited except for self-use in project construction.

The approved operation areas specified in the preceding paragraph exclude temporary land for project construction.

Chapter III Exploration and Exploitation of Mineral Resources

Article 25 The competent natural resources department of the State Council shall, in conjunction with relevant competent departments, establish and improve the system of technical standards and specifications for basic geological surveys.

Entities engaged in basic geological surveys shall strictly implement relevant technical standards and specifications and be responsible for the quality of survey results. Competent natural resources departments of people's governments at or above the county level shall strengthen supervision over the quality of basic geological survey results.

No entity or individual may obstruct or hamper basic geological surveys conducted in accordance with the law.

Article 26 Competent natural resources departments of people's governments at or above the provincial level shall strengthen the administration over the release of basic geological survey results, and uniformly release relevant information within their respective scope of authority. Confidentiality review shall be conducted prior to information release, and no data involving state secrets, work secrets or trade secrets shall be disclosed.

Article 27 Competent natural resources departments of people's governments at or above the provincial level shall provide inquiry services for construction entities regarding mineral resource distribution and mining right layout within land areas to be occupied by construction projects.

If a construction project inevitably overlaps with areas covered by existing mining rights and directly interferes with normal exploration or mining activities of mining right holders, the construction entity shall negotiate with the mining right holder prior to the overlap and provide fair and reasonable compensation in accordance with the law. Where alteration or cancellation of mining right registration is required due to the overlap, the mining right holder shall complete relevant formalities in accordance with the law.

Where a construction project inevitably overlaps with areas containing strategic mineral resources, approval shall be obtained from the competent natural resources department of the State Council or its authorized competent natural resources departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Approval procedures may be simplified appropriately for construction projects within urban development boundaries defined by legally approved territorial space plans.

If scientific assessment confirms that the overlap does not directly affect normal exploration or mining activities, it may not be deemed as occupation of mineral resources.

Article 28 Prior to exploration or mining operations, mining right holders shall formulate exploration plans or mining plans respectively, submit them to the original mining right granting authority for approval, and obtain exploration licenses and mining licenses. No exploration or mining operations may be conducted without valid licenses.

An exploration plan shall specify exploration areas, select reasonable exploration methods in accordance with mineral types, exploration scope, relevant technical standards and norms as well as requirements for green exploration, and arrange for site clearance and restoration upon completion of exploration.

A mining plan shall define mining methods, sequences and techniques rationally in light of mineral types, mining scope, resource occurrence conditions, technical specifications, as well as requirements for rational development and utilization of mineral resources and green mine construction. It shall also specify supporting measures for land use, comprehensive mining and utilization of mineral resources.

For comprehensive mining of multiple mineral resources, the mined mineral types shall be reasonably determined and registered based on reserve reports and mining plans as well as actual mining conditions.

Article 29 To apply for an exploration license or mining license, the applicant shall submit an application letter, mining right certificate, and corresponding exploration plan or mining plan to the original mining right granting authority. The authority shall make a decision on approval or rejection within 15 working days upon acceptance of the application. If approved, the license shall be issued; if rejected, a written notice with reasons shall be delivered to the applicant.

After accepting an application, the original mining right granting authority may organize experts to review the exploration plan or mining plan, and the expert review opinions shall be issued within 10 working days. The time consumed for review shall not be included in the licensing review period, and no fees shall be charged to the mining right holder for the review.

The expiry date of an exploration license or mining license shall be consistent with that of the corresponding exploration right or mining right.

After issuing a mining license, the original mining right granting authority shall promptly notify the local people's government of the mining area to organize boundary demarcation for the mining right.

Article 30 Mining right holders may apply for exploration licenses or mining licenses together with mining right registration.

Upon transfer of a mining right, the transferee shall re-apply for the corresponding exploration license or mining license.

Article 31 Specific administrative measures for exploration licenses and mining licenses shall be formulated by the competent natural resources department of the State Council.

Article 32 Mining right holders shall conduct exploration and mining operations in accordance with approved exploration plans and mining plans.

If major changes occur to primary exploration methods, the exploration right holder shall revise the exploration plan and submit it to the original mining right granting authority for approval.

If major changes occur to mining methods or the principal mined mineral type, the mining right holder shall revise the mining plan, submit it to the original mining right granting authority for approval, and apply for a new mining license.

Article 33 Prior to exploration or mining operations, mining right holders shall complete formalities for project verification (filing), land and sea use, ecological and environmental protection, work safety and other relevant matters in accordance with the law. Where military land is involved, approval shall be obtained from military units at or above the regiment level in accordance with relevant provisions of the Central Military Commission.

Feasibility study reports and preliminary mine designs (oil and gas field development plans) compiled by mining right holders shall be aligned with approved mining plans.

Article 34 Within nature reserves, basic geological surveys, prospective surveys of strategic mineral resources, and exploration and exploitation of strategic mineral resources within specified scopes that comply with control requirements may be carried out in accordance with the law. Specific administrative measures shall be jointly formulated by the competent natural resources department and competent forestry and grassland department of the State Council.

Article 35 The term "mining land" as specified in Paragraph 1 of Article 34 of the Mineral Resources Law includes land for mineral exploration and land for mineral exploitation.

Land for mineral exploration refers to land used for exploration operations, as well as land occupied for constructing temporary residential buildings, sheds, transport roads and other supporting facilities for exploration activities.

Land for mineral exploitation refers to land used for mining operations, as well as land occupied for stacking ores, waste rocks and residues, constructing industrial buildings, mine roadways, tailing ponds, supporting ore dressing plants, living service facilities and transport facilities for mining operations.

People's governments at or above the county level shall guarantee the reasonable land demand for mineral exploration and exploitation in accordance with the law.

Article 36 Mining right holders may use state-owned land through allocation, granting, leasing, equity contribution and other means in accordance with the law, and obtain the right to use collective operational construction land through granting or leasing in accordance with the law.

State-owned land and collective operational construction land used for mineral exploitation may be granted through agreement.

Article 37 Land may be temporarily used for mineral exploration in accordance with laws and administrative regulations on land administration.

For open-pit exploitation of strategic mineral resources with verified conditions for concurrent mining and land reclamation after scientific demonstration, the mining right holder may apply for temporary land use upon approval by competent natural resources departments of people's governments at or above the provincial level. Where forest or grassland is involved, the competent natural resources department shall solicit opinions from the competent forestry and grassland department at the same level. Temporary land use shall be approved by zones and phases, with each phase generally not exceeding five years. Competent natural resources departments shall not approve new applications for temporary land use from mining right holders that fail to fulfill land reclamation and other ecological restoration obligations for mining areas as required.

Article 38 If exploitable petroleum, natural gas and other mineral resources are discovered during exploration, the exploration right holder may commence mining after completing well testing and submitting an integrated exploration-mining plan to the original mining right granting authority, and complete filing formalities with relevant competent energy departments as required.

Exploration right holders conducting mining in accordance with the preceding paragraph shall apply to convert exploration rights into mining rights, complete mining right registration and obtain mining licenses within the time limit prescribed by the competent natural resources department of the State Council.

Article 39 The competent natural resources department of the State Council shall, in conjunction with relevant competent departments, improve policies, standards and specifications for green mines, and establish a dynamically managed catalog of green mines. Mining right holders shall strengthen the planning, construction, operation and management of green mines to promote the green development of mining enterprises.

Article 40 The competent natural resources department of the State Council shall, in conjunction with relevant competent departments, formulate national standards for ore recovery rate, ore dressing recovery rate and comprehensive utilization rate of mineral resources.

Mining right holders shall adopt effective measures in terms of technology, equipment and management to ensure compliance with the aforesaid national standards.

The state formulates and improves incentive policies to boost the ore recovery rate, ore dressing recovery rate and comprehensive utilization rate of mineral resources.

Article 41 Competent natural resources departments of people's governments at or above the county level shall, in conjunction with relevant departments, promote the application of advanced and applicable technologies, processes and equipment for comprehensive mining and utilization of mineral resources, encourage and guide mining right holders to upgrade technologies, processes and equipment, and advance the industrialization of comprehensive utilization of mineral resources.

Article 42 The state establishes a mineral resources reserve management system to conduct surveys, verification, statistics and assessment of mineral reserves and their changes, so as to provide a basis for formulating mineral resources plans, promoting rational development and utilization and strengthening mineral resources protection.

The state regularly organizes mineral resources potential assessment and surveys on the status of development and utilization, and strengthens the assessment and administration of mineral reserves, mining right values and related rights and interests.

Article 43 Where an exploration right holder verifies exploitable mineral resources through exploration activities, or a mining right holder discovers major changes in mineral reserves during mining operations, a mineral reserve report shall be compiled and submitted to the original mining right granting authority. The report shall cover the spatial distribution, type, quantity and quality of mineral resources, demonstration of industrial indicators for deposits, as well as analysis on ore processing and beneficiation performance, mining technical conditions and economic feasibility of development.

The original mining right granting authority shall review the submitted reserve reports and may arrange technical assessment as needed. Reviewed reserve reports shall serve as the basis for mineral reserve statistics and supervision.

Mining right holders shall be responsible for the authenticity of submitted reserve reports and are prohibited from falsifying relevant information.

Article 44 Mining right holders shall conduct regular monitoring of mineral reserves, establish and improve reserve ledgers, and periodically report changes in mineral reserves and development and utilization status to the original mining right granting authority.

Article 45 Upon mine closure, the mining right holder shall submit a mine closure geological report and hand over relevant geological data to competent natural resources departments of local people's governments at or above the county level in accordance with relevant state provisions.

Chapter IV Ecological Restoration of Mining Areas

Article 46 Competent natural resources departments of local people's governments at or above the county level shall, in conjunction with relevant departments, conduct surveys and assessment on ecological damage including geological environment destruction, land damage and vegetation degradation caused by mineral exploitation within their respective administrative regions, and define key areas, objectives and tasks for ecological restoration of mining areas.

Article 47 Mining right holders shall be responsible for the ecological restoration of mining areas, and shall coordinate ecological restoration and pollution prevention and control work.

Upon transfer of a mining right, the ecological restoration obligations for the mining area shall be assumed by the transferee, unless otherwise prescribed by state provisions or agreed in the mining right granting or transfer contract. If the transferor conceals or falsifies information concerning ecological restoration during the transfer process, its restoration obligations shall not be exempted due to the transfer.

Article 48 For abandoned mining areas left over from history, competent natural resources departments of local people's governments at or above the county level shall confirm the responsible parties for ecological restoration. If the responsible party no longer exists or cannot be identified, the local people's government at or above the county level shall organize ecological restoration and pollution treatment.

The competent natural resources department and other relevant departments of the State Council may formulate special policies to support local governments in carrying out ecological restoration for historical abandoned mining areas. Local people's governments at or above the county level may expand funding channels for ecological restoration of mining areas in various ways in accordance with the law.

Article 49 The state improves policies and measures to encourage social capital to participate in ecological restoration of mining areas in accordance with the law, and protects the legitimate rights and interests of participating social capital.

The state gives full play to the role of the market mechanism in ecological restoration of mining areas and promotes the market-oriented development of such work.

Article 50 Prior to mineral exploitation, mining right holders shall compile ecological restoration plans for mining areas in accordance with laws, regulations, provisions of the competent natural resources department of the State Council and stipulations of mining right granting contracts, and submit the plans together with mining plans to the original mining right granting authority for approval. An ecological restoration plan shall specify restoration objectives, project layout, technical measures, schedule, budget and supporting measures; special restoration measures for tailing ponds shall be specified if applicable.

Prior to submission for approval, the ecological restoration plan shall be publicly disclosed for comments within relevant scopes in accordance with Paragraph 2 of Article 46 of the Mineral Resources Law, and opinions from relevant entities and individuals shall be specially solicited. The mining right holder shall explain the publicity and opinion solicitation situation when submitting the plan for approval.

Where an ecological restoration plan is revised, the revised version shall be filed with the original mining right granting authority in accordance with provisions of the competent natural resources department of the State Council. If the mining plan is revised in accordance with Paragraph 3 of Article 32 of these Regulations, a new ecological restoration plan shall be compiled and submitted together with the revised mining plan for approval.

Where an ecological restoration plan has been compiled as required, no separate land reclamation plan shall be prepared.

Article 51 If concurrent mining and restoration or zoned and phased restoration is feasible for a mining area, the mining right holder shall divide restoration units reasonably, arrange the restoration schedule, and carry out restoration work in a timely manner in light of mine design, technological processes, mining progress, scope and type of mining land, work safety conditions and land damage status. If concurrent or phased restoration is not feasible, ecological restoration shall be completed before mine closure or within two years after closure; the time limit for ecological restoration of mining areas for radioactive mineral resources may be determined flexibly based on actual conditions.

Article 52 Upon completion of ecological restoration in accordance with the approved plan, the mining right holder shall promptly apply for acceptance inspection to competent natural resources departments of local people's governments at or above the county level where the mining area is located. For zoned or phased restoration, separate acceptance applications shall be submitted for each zone or phase.

Competent natural resources departments of local people's governments at or above the county level shall organize acceptance inspection jointly with competent ecological and environmental departments and other relevant departments. An acceptance certificate shall be issued upon passing the inspection; if the inspection fails, a written rectification notice shall be served, and the mining right holder shall re-apply for acceptance after completing rectification.

Article 53 Mining right holders shall set aside funds for ecological restoration of mining areas on an annual basis. Unless otherwise prescribed by laws, such funds shall not be sealed up, frozen or appropriated.

Chapter V Stockpiling and Emergency Response of Mineral Resources

Article 54 Adhering to the principles of government leadership, joint efforts of all sectors, diversified complementarity and efficient coordination, the state establishes a stockpiling system for strategic mineral resources integrating product stockpiling, production capacity stockpiling and origin stockpiling. The structure, scale and layout of stockpiles shall be scientifically defined and dynamically adjusted to give play to the functions of strategic guarantee, macro-control and emergency supply.

The state improves the supervision system for strategic mineral resources stockpiles, accelerates the construction of stockpile facilities, enhances the professionalism of stockpile operators, strengthens information-based management, and continuously improves the overall efficiency of stockpiling work for strategic mineral resources. People's governments at or above the county level shall incorporate strategic mineral resources stockpiling into national economic and social development plans as well as territorial space plans, and provide support for relevant major projects as needed.

Article 55 The competent development and reform department of the State Council shall coordinate the national stockpiling of mineral products, formulate stockpiling plans and total volume targets on a regular basis, and dynamically adjust the types and scale of stockpiles. The competent grain and material reserve department of the State Council shall organize the procurement, rotation and daily management of central government mineral product stockpiles. The competent energy department of the State Council shall be responsible for work related to energy resource stockpiles in accordance with its duties. People's governments at or above the county level shall carry out mineral product stockpiling work in light of local conditions in accordance with relevant state provisions.

Relevant enterprises shall fulfill their obligations for mineral product stockpiling in accordance with relevant state provisions. The state improves supporting policies to encourage enterprises to carry out mineral product stockpiling.

Competent departments and storage entities responsible for product stockpiling of strategic mineral resources shall strengthen asset management of stockpiled mineral products and regularly report the stockpiling status.

Article 56 Specific measures for production capacity stockpiling of energy-related strategic mineral resources shall be jointly formulated by the competent energy department of the State Council and other relevant competent departments. Specific measures for production capacity stockpiling of other strategic mineral resources shall be jointly formulated by the competent industry and information technology department of the State Council and other relevant competent departments.

Mining right holders exploiting strategic mineral resources shall compile production capacity stockpiling construction plans in accordance with relevant state provisions, fulfill stockpiling obligations, and rationally plan production capacity to meet the demand for emergency production increase, in light of mine production capacity, external transportation conditions and work safety status.

Article 57 Origin stockpiling of strategic mineral resources shall follow the principles of scientific assessment, rational layout, hierarchical management and dynamic adjustment. The scale and layout of origin stockpiles shall be defined by taking into account resource endowments, exploration and exploitation technologies, domestic and foreign supply-demand conditions and ecological locations, in alignment with national plans for mineral resources development, utilization and security guarantee. Supplementary exploration shall be conducted for designated stockpile areas to enhance emergency mining capacity, so as to form a tiered supply system coordinated with product stockpiling and production capacity stockpiling.

The competent natural resources department of the State Council shall take the lead in national origin stockpiling work for strategic mineral resources, put forward proposals on stockpiled mineral types, scale and layout, organize surveys, assessment, demonstration and supplementary exploration for origin stockpiles, designate stockpile areas, and strengthen monitoring, protection and supervision of such areas. Competent natural resources departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall assist in relevant work and conduct protection and supervision in accordance with territorial administration responsibilities. Enterprises are encouraged to participate in origin stockpiling work.

The term of origin stockpiling for strategic mineral resources shall be aligned with relevant mineral resources plans, and shall generally be no less than five years. Upon the expiry of the term, the competent natural resources department of the State Council shall conduct assessment and demonstration together with other relevant departments to decide on term extension, and adjust or release stockpiles as needed.

Without approval from the competent natural resources department of the State Council, no exploitation or occupation of strategic mineral resources within designated origin stockpile areas is allowed.

Article 58 Competent departments including those for development and reform, industry and information technology, natural resources, grain and material reserves, and mine safety supervision of the State Council shall establish and improve a prediction and early warning system for mineral resources supply security, strengthen data sharing and application, conduct comprehensive monitoring, analysis and assessment of supply-demand changes, price fluctuations and security risks of mineral products, and issue timely predictions and early warnings.

Article 59 The other necessary measures as specified in Item 6 of Paragraph 1 of Article 55 of the Mineral Resources Law include but are not limited to directly organizing the exploitation, processing, transportation and supply of mineral resources, expropriating stockpiled mineral products, stockpile facilities and transportation vehicles, and arranging the supply of mineral resources or products in accordance with the supply guarantee sequence.

Chapter VI Supervision and Administration

Article 60 Competent natural resources departments and other relevant departments of people's governments at or above the county level shall conduct supervision and inspection over mineral exploration, exploitation and ecological restoration of mining areas in accordance with their respective duties, and investigate and punish illegal acts in a timely manner in accordance with the law.

Relevant departments shall strengthen coordination and cooperation in supervision and inspection. Joint inspections shall be adopted where feasible, and off-site inspection and non-contact technical means are encouraged for supervision.

Article 61 Competent natural resources departments, other relevant departments and their staff shall keep confidential state secrets, work secrets, trade secrets, personal privacy and personal information obtained during supervision and administration in accordance with the law.

Trade secrets mentioned in the preceding paragraph include but are not limited to mineral reserves, exploration results, major discoveries and core technical solutions of mining right holders. Trade secrets shall not be disclosed to third parties, unless otherwise prescribed by laws or agreed in writing by the mining right holder.

Article 62 The competent natural resources department of the State Council establishes a scientific, differentiated and user-friendly assessment indicator system for the development and utilization level of mineral resources, and provides guidance on the application of such indicators.

Competent natural resources departments of people's governments at or above the county level shall conduct regular assessment on mineral exploration and exploitation within their administrative regions based on the assessment indicators, and put forward improvement measures for the economical and intensive development and utilization of mineral resources. Mining right holders and mining enterprises shall cooperate with the assessment work and implement relevant improvement measures.

Article 63 The competent natural resources department of the State Council promotes the informatization of mineral resources supervision and administration, carries out supervision and service via the national mineral resources supervision and administration information system, and strengthens information sharing with other relevant departments of the State Council.

Article 64 The competent natural resources department of the State Council implements filing administration and hierarchical and categorized supervision over mineral exploration entities based on their scale, technical capabilities, talents, equipment and credit status, to guide the large-scale development and professional upgrading of the mineral exploration market.

Article 65 Where disputes arise between mining right holders over exploration or mining areas, the parties shall resolve the disputes through negotiation. If negotiation fails, the disputes shall be handled by people's governments at or above the county level where the mineral resources are located based on verified exploration or mining boundaries. For disputes across administrative regions, they shall be handled by the people's government at the next higher level with jurisdiction over all involved regions.

Article 66 National natural resources inspectorate bodies shall, upon authorization by the State Council, conduct inspections on the development, utilization and supervision of mineral resources by people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

During inspections, national natural resources inspectorate bodies have the right to inquire about relevant matters from involved entities and individuals, who shall provide support and assistance.

Chapter VII Legal Liabilities

Article 67 Anyone who obstructs or hampers basic geological surveys conducted in accordance with the law shall be ordered to make corrections, given a warning or circulated for criticism by competent natural resources departments of people's governments at or above the county level. For refusal to make corrections, a fine of not less than 20,000 yuan but not more than 100,000 yuan shall be imposed on entities, and a fine of not less than 10,000 yuan but not more than 50,000 yuan shall be imposed on individuals.

Article 68 Mining right holders that fail to periodically report changes in mineral reserves and development and utilization status, or fail to submit mine closure geological reports upon mine closure, shall be ordered to make corrections by competent natural resources departments of people's governments at or above the county level and imposed a fine of not less than 20,000 yuan but not more than 100,000 yuan. If the circumstances are serious, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed.

Article 69 Where the mineral resources involved in illegal acts specified in Articles 63, 64, 66, 67 and 68 of the Mineral Resources Law are strategic mineral resources, penalties shall be imposed more severely.

Article 70 Mining right holders that fail to pay mining right occupation fees as required shall be ordered to make