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Mineral Prospecting and Exploitation rights Assignment(2006)
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Updated: 2007-06-11 15:04
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The  MLR  has  issued  the  <Trial  Measures  on  the Administration of Bidding, Auction and Listing of Mineral Prospecting and Exploitation Rights> in June 2003, aiming to improve the system for acquisition of mineral prospecting and exploitation rights through payment, fully utilizing the market's fundamental role in the allocation of state land and resources, establishing a new mechanism for prioritized allocation/deployment of mineral resources, combining the functions of government administration and market operation and protecting the legitimate rights and interests of the mineral prospecting right holders and exploitation right holders.


In accordance with "The Notice of the State Council on Rectifying the Order In Mineral Resources Exploitation in an All Round Way", the Ministry of Land and Resources has issued follow-up notice, aiming to improve the < Measures on the Administration of Bidding, Auction and Listing of Exploration Rights and Mining Rights> for further standardizing the management of mineral exploitation rights assignment in January 24, 2006. mineral exploitation rights assignment will be organized and implemented by the land and resources administrations of the people's governments at and above county level in accordance with the legal authority for issuance of the exploration license and mining license.


Mineral Prospecting Right will be Assianed according to the Method Reaardina First Application. First Reaistration by Law


The following conditions are in conformity with the principle that mineral prospecting rights assignment should be according to the manner in which the applicants should legally register first. These include: The minerals contained in < Classified Catalogue of Mineral Resources Exploration and
Exploitation>
(hereafter refers to as "Classified Catalogue", sees table 3-3) and as listed in encouraged items; these minerals reserve in some areas where minerals exploration has never been made before, or in the regions where the exploration has been carried on but no mineral areas discovered for further exploring.


Mineral Prospecting Right Assignment will be Granted through Bidding. Auction and Listing


The minerals contained in "classified catalogue" and as listed in Restricted Items;


The minerals contained in "Classified Catalogue" and as listed in encouraged items has been carried out exploration and mineral areas has been discovered for further exploring, or mineral areas for further exploring has been verified through the mining activities in the past


Mineral Exploitation Riqht Assignment will be Granted through Bidding. Auction and Listing


The minerals contained in "Classified Catalogue" and as listed in prohibited items.


As for the minerals contained in "classified catalogue" and as listed in encouraged items and restricted items, the mineral prospecting rights is exterminated, but the mineral areas where working routine of mineral exploration has been up to or exceeded the level of advanced exploration and be in line with the request of exploitation design.


As for the minerals contained in "Classified Catalogue" and as listed in encouraged items and restricted items, the mineral prospecting rights is exterminated or mining areas where exploitation activities have been conducted in the past, but through verification,  mineral  reserves are available for exploitation or mineral resources with economic value are also available.


Mining Right Assiqnment will be Granted throuah Aareement


If mineral prospecting and exploitation rights assignment through bidding, auction and listing is associated with one of the following situations, after approval, assignment via agreement is permitted. These situations include: mineral prospecting and exploitation rights assignment via agreement, must give priority to the strict management and collective joint hearing; and the price for mineral prospecting and exploitation rights assignment via agreement is not supposed to be lower than the market price under the similar condition.


Both key projects for mineral resources exploitation and mineral lands that provide supporting resources for key development projects sanctified by the State Council;


Already existing mineral exploitation rights need to be conformed, or extending the adjacent areas to the scope of exploration and exploitation by using old production system


Large-scale mineral resources projects must be subjected to the approval of the people's government at province, autonomous regions and municipalities level and report to the Ministry of Land and Resources by writing document officially.


Exploration projects with government funds for discovering alternative resources for crisis mines.

 
 

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