<Several Regulations on Strengthening the Socialized Service of Geological Information> was promulgated by the Ministry of Land and Resources and National Administration for the protection of state secrets with priority on the current secret system and protecting system on November 1, 2005.
The present regulations well defined the range for the protection, utilized program, technological processing and service improvement concerning geological information, as a result, the majority holdings of china can be used by the public. The regulations also revised and updated several key issues, such as how to use the geological information under protection, what geological information is allowed foreign citizens to use, as well as some specific methods for improving administrative management agencies' service.
The major contents of the 13 articles are as followed:
1. The present regulations defined the limits of geological information under protection: All the geological information, except those that contain in the catalog of the state secret mentioned in the regulation on the limit of state secrets concerning land resources management; the regulation on the limit of secrets concerning surveying and mapping administration shall be made available for public use. If the geological information contains military affairs, marine and radioactivity minerals, the information can be accessed according to the regulations on the limit of secrets of their administrations. If the geological information under the limit of secret comprises multiple-relatively independent single-piece, in which the single-piece information not involving secrets can open to the public independently.
2. Except the geological information concerning military affairs, marine and radioactivity minerals, if the foreign investors need to use the geological information listed in the Regulation on the Limit of Secret of Surveying and Mapping Administration but not mentioned in the Regulation on the Limit of State Secrets of Land Resources Management, they can entrust geological information libraries that are affiliated to land resources administrative departments to go through declaration and approval formalities according to examination and approval procedure in the Several Regulations on Offering Surveying and Mapping Information to the Outside World promulgated by the State Council of People's Republic of China in 1983.
3. The scale of various geological maps is greater or equal to 1 500000, which not contain in the catalog of the state secrets referred to as in the present regulation, the trustee libraries can provide clients for use after deleting the longitude and latitude line and annotation of the map.
4. If someone needs to use geological information that belongs to restricted data but not contains state secrets, they can entrust libraries to excerpt and compile these information for them, but before that, it is necessary for the trustee libraries to apply for examination and approve to the security committee of their own libraries
5. In accordance with <Measures for Administration Regulations of Geological Information>, if any units or individuals need to consult and utilize geological information under protection period, documentary evidence that agreed by collector and submitter should be offered. If geological information currently under protection is to be used by the relevant governmental departments above county-level due to the public interests, the report on the scope of geological information to be used need to be investigated by the Ministry of Land and Resources or land and resources administration departments of the provinces, autonomous regions or municipalities in accordance with relevant regulations, and such information may be used free of charge. However, if the information contained in <Regulations on the Limit of State Secrets of land resources management>; <Regulations on the Limit of Secrets of Surveying and Mapping Administration>, going through the procedure for examination and approval according to the state regulations on the protection of secrets is necessary.
6. Foreign citizens enjoy equal rights with Chinese citizens in using geological information with the exception of information listed in <Regulations on the Limit of State Secrets of Land Resources Management>; <Regulations on the Limit of Secrets of Surveying and Mapping Administration>.
According to the current regulations, both Chinese citizens and foreign investors, if only they have their identification card or passports and other legal certificates, can be allowed to use geological information not involving secrets in the libraries that are affiliated to land and resources administration departments at all levels of China.
In addition, in order to carry out the guidelines of <Decision of the State Council on Strengthening Geological Work> and provide geological data effectively and quickly to the public, On May 1 lth 2006, the Ministry of Land and Resources issued
<Notice on Establishing and Perfecting the Network Service System relating to Geological Data>. In October, 2006, the Ministry of Land and Resources and all provinces, autonomous regions and municipalities established geological data catalog and relevant management information network service system.
The State Council made a decision on strengthening the geological work on January 20th 2006. It points out the main task for the current geological work includes: Emphasis should put on the exploration of energy minerals and the basins mostly containing petroleum and natural gas. The reconnaissance survey for large-scale coal base should be accelerated. And we should spare no efforts to increase workable reserves. The exploration for non-energy mineral resources should be improved; and alternative resources exploration for crisis mines, oil-gas field in existence and resource- exhausted cities should be accelerated. We will make great efforts to push the exploration in the depth and periphery of existing mine so as to form the important resources base. We will improve our work relating to basic geological survey; intensify the monitoring capacity over geological disaster and geological environmental survey; speed up the pace of modernization of geological work.
In order to meet the need of situation and task, the meeting offers some requests for improving our work:
1.The system of public geological work should be established and perfected. Great efforts should be made to strengthen the construction of the contingent of public geological survey.
Virtuous circle mechanism for investment in mineral resources exploration need to be established and mechanism for commercial mineral resources exploration need to be perfected. We will foster exploration market of mineral resources, deepen the reform of state-owned geological prospecting institutions and open geological industry wider to the outside world.
2. Improving geological scientific and technological ability for innovation. Fresh progress will be made in advance of geological science and technology. Geological education should be developed while simultaneously stepped up efforts in geological talents development.
3. Improving the management level of geological work.
Leadership should be strengthened over the geological work.
Geological exploration planning should be worked out and implemented scientifically. We should do everything possible to manage geological exploration industry work, strengthen mining rights management and play enthusiasm and initiative of geological workers and staffs.
The basic point of Decision on Strengthening Geological Work, including: in the transition to market economy, the operation between public geological work and commercial geological work must be separated. The funds of national public finance will be used in: the non-profit basic and regional geological survey work, involving long-range survey and evaluation for energy and major mineral resources potentialities, comprehensive investigation of sea basic geology and environmental geology and special survey for major geological problems, and public information production and service will be provided to the society.
As for commercial geological work, national public finance will not pay any more in principle, the government mostly guide, standardize and promote commercial exploration activities by using policy control, the government encourage all non-governmental capital invest in mineral resources exploration, foster and expand market subject and establish the dominant position of enterprise in mineral exploration according to the principle of "to those who invest in mineral prospecting will obtain the profits". Different mining enterprises must explore by themselves or purchase mining rights when establishing new mine. Enterprises are encouraged to conduct the integration of exploration and development so as to enable them to become main players in the market competition. Diverse forms of ownership of commercial exploration companies and prospecting enterprises being resourceful and flexible are allowed to develop. We must work hard to foster and rationalize the market regarding mining rights, mining capital as well as intermediary agent, open geological field wide to the outside world.
Chinese government decided to establish the funds for geological prospecting under the current unsound commercial mineral prospecting market, so that reducing investment risk and pushing forward the market development and fueling energy and major mineral prospecting via support from state revenue and expenditure.
On June 28th 2006, the Ministry of Finance and the Ministry of Land and Resources issued the document of <Interim Measures on the Management of the Central Funds (Revolving Fund) for Geological Prospecting>.
It contains 7 chapters and makes a clear stipulation for some major issues related to the management of central funds for geological prospecting, which is managed by the Ministry of Finance and the Ministry of Land and Resources together, those include: the central funds for geological prospecting should be emphatically used in 16 kind of major deposits set by the state such as oil, coal and iron; 11 oiliness basins; 13 large- sized coal base; prophase prospecting for 16 major technological metallogenic province and belt. Based upon the different conditions of mineral prospecting, the central funds can be used by two investment types: full investment and cooperative investment. When completion of the fund item, if the item can not get resources and no need for further prospecting, central prospecting fund investment should be cancelled according to the established procedure after permission. If the item can get resources and need for further prospecting, and full investment by central geological prospecting funds, mining rights can be assigned with consideration via market competition in accordance with national relevant rules. The item invested by cooperation, central geological prospecting funds can transfer its rights and interests in the light of the arrangement of item contract, the other investment parties in the cooperation enterprises have the right of preemption.