Interpreting the pilot policy of the national coal mining rights approval management reform

In order to further strengthen the macro-control of coal mining rights and transform management functions, the Ministry of Land and Resources recently issued the “Notice on Launching a Pilot Program for the Examination and Approval of Coal Mining Right Management Approval” No.143 (2010) of the Ministry of Land and Resources, which was decided in Heilongjiang, Guizhou and Shaanxi. 3 Provincial Department of Land and Resources conducts trials for the examination and approval of the management of coal mining rights.

The reform pilot policy mainly includes the following aspects.

First, it has enhanced the planning of coal mining rights. The notice required the pilot provincial and provincial governments to try out a system for the planned distribution of coal mining rights. Based on the national economic and social development plans, mineral resources planning and national industrial policies, the coal and coal bed methane resources exploration and development status and the coal supply and demand situation were used to compile the province’s coal. The annual plan for the release of mining rights will be implemented before the end of September each year. In the implementation of this year's mining rights release plan, for special reasons need to adjust the delivery plan, the pilot provinces and departments to apply for adjustment, reported to the Ministry of Land and Resources for approval and implementation. The coal mining rights included in the annual launch plan should be consistent with the mining rights setup plan that has been approved or filed by the Ministry of Land and Resources. The range of plans and plans for the establishment of mining rights and the overlapping of oil and gas mining rights should be proposed.

2. Decentralized approval authority for coal mining rights. Authorizes the pilot provincial authority to approve the registration of coal mining rights and strictly approves the mining rights granted in accordance with the approved coal mining rights release plan; originally belonged to the Ministry of Land and Resources for examination and approval, the Ministry authorized the pilot provincial and departmental authorities for approval according to the approved annual release plan, and was piloted by the project site. The provincial office shall accept and examine the case in accordance with the law. After the newspaper has filed for the record, it will be assigned a number through the unified system of mining rights, and the pilot provinces and departments will issue exploration licenses or delimit the scope of the mining area and issue a mining permit.

Third, the management of mining rights for coal exploration rights has been strengthened. If the notice clearly requires the transfer of coal prospecting rights and mining rights by agreement, it shall be handled in accordance with the "Regulations on Further Regulating the Management of Mining Right Transfer", and shall be reported to the Ministry of Land and Resources for approval after the approval of the Ministry of Economic Affairs; The tendering, auction, and listing method for the transfer of coal prospecting rights and mining rights shall be implemented by the pilot provincial and department offices.

4. Authorize the examination and approval of the new project to be reported to the Ministry of Land and Resources for the filing system. The pilot provinces and departments shall request the Ministry of Land and Resources to submit the following application materials for reviewing the opinions of the mineral rights project for exploration rights, and the basic information of the project. These filing materials include: Transfer by agreement; Approved by the Ministry of the People's Republic of China; Submitting the approval document in the form of permit agreement; Submitting the transaction confirmation in the way of bidding, auction, and listing; National financial specialization and geological exploration ** Applying for coal prospecting rights , should submit the project plan to release the documents, capital budget release documents; coal prospecting right to mining rights to delineate the scope of the mining area, should submit a copy of the exploration permit and geological data exchange certificate; apply for a mining license, should submit the program The copy of the mining area is approved.

5. The procedures for the development of coal and coalbed methane are clarified. The pilot provincial and bureau offices should be required to plan and arrange the development of coal and coalbed methane, give priority to the development of the coal industry, and promote the development of coalbed methane and coordinated industries. When the coal gas content per ton of coal is higher than the specified standard and the coal mining right is set, the gas extraction shall be the priority for the coal mining layout and mining time sequence, and for the coal mining gas that has not been mined recently and has been demonstrated to have the ground development conditions for coalbed methane production. Set up CBM mining rights. The applicant shall uniformly formulate plans for the exploitation and utilization of coal and CBM, and apply for the mining rights of CBM. For coal mines that are in urgent need of exploitation in the near future, the applicant shall formulate a coal and CBM development and utilization plan in a unified manner and conduct underground extraction and then mining.

Sixth, the use of market-based means to ensure the realization of national rights and interests. The Circular further strengthened the market-oriented reform of coal resource use and required the pilot provincial and departmental offices to strictly implement the relevant provisions of the Ministry of Finance and the Ministry of Land and Resources to deepen the reform of the acquisition of mining rights for prospecting rights, and to use market measures to ensure the realization of state rights and interests.

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