Why do mine repair? Summary of relevant regulations and policies

　　Mine repair, why do mine production enterprises have to do mine repair? Is there any legal and policy basis?

Article 32 of the the People's Republic of China Mineral Resources Law

In mining mineral resources, the relevant laws and regulations on environmental protection must be observed to prevent environmental pollution.

In mining mineral resources, land shall be economically used. If cultivated land, grassland or forest land is damaged by mining, mining enterprises shall take reclamation, tree planting and grass planting or other utilization measures in accordance with local conditions.

Anyone who exploits mineral resources and causes losses to the production and livelihood of others shall be liable for compensation and take necessary remedial measures.

The the People's Republic of China Mineral Resources Law was adopted at the 15th meeting of the Standing Committee of the Sixth National People's Congress on March 19, 1986. It was amended for the first time according to the Decision on Amending the the People's Republic of China Mineral Resources Law at the 21st meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1996, and for the second time according to the Decision on Amending Some Laws at the 10th meeting of the Standing Committee of the Eleventh National People's Congress on August 27, 2009.

　　Article 43 of the the People's Republic of China Land Administration Law

Land damage caused by excavation, collapse, occupation, etc., land use units and individuals shall be responsible for reclamation in accordance with relevant state regulations: if there are no conditions for reclamation or reclamation does not meet the requirements, land reclamation fees shall be paid, which shall be used for land reclamation. The reclaimed land shall be preferentially used for agriculture.

The Land Administration Law of the the People's Republic of China was adopted at the 16th meeting of the Standing Committee of the Sixth National People's Congress on June 25, 1986. According to the first amendment of the Decision on Amending the the People's Republic of China Land Administration Law at the Fifth Meeting of the Standing Committee of the Seventh National People's Congress on December 29, 1988, the fourth meeting of the Standing Committee of the Ninth National People's Congress on August 29, 1998, and the second amendment of the Decision on Amending the the People's Republic of China Land Administration Law at the 11th Meeting of the Standing Committee of the Tenth National People's Congress on August 28, 2004, according to the decision on Amending the the People's Republic of China land management law and the the People's Republic of China urban real estate management law of the 12th meeting of the Standing Committee of the 13th National People's Congress on August 26, 2019, the third amendment shall be made.

　　Articles 2 and 3 of the Regulations on Land Reclamation (Order No. 592 of the State Council)

Article 2 The term "land reclamation" as mentioned in these Regulations refers to the activities of taking measures to rectify the land damaged by production and construction activities and natural disasters to make it available for use.

Article 3 The land damaged by production and construction activities shall be reclaimed by the production and construction unit or individual (hereinafter referred to as the land reclamation obligor) in accordance with the principle of "who damages it, who reclaims. However, due to historical reasons, it is impossible to determine the land damaged by the production and construction activities of the obligor of land reclamation (hereinafter referred to as the damaged land left over from history), and the people's government at or above the county level shall be responsible for organizing the reclamation.

The people's governments at or above the county level shall be responsible for organizing the reclamation of land damaged by natural disasters.

　　Articles 2, 3 and 6 of the Provisions on the Protection of Mine Geological Environment (Decree No. 44 of the Ministry of Land and Resources)

Article 2 These Provisions shall apply to the prevention and recovery of ground subsidence, ground fissures, collapses, landslides, damage to aquifers and damage to landforms and landscapes in mining areas caused by mineral resources exploration and mining activities.

Where the exploitation of mineral resources involves land reclamation, the relevant laws and regulations of the State on land reclamation shall be followed.

Article 3 The protection of the geological environment of mines shall adhere to the principle of putting prevention first, combining prevention and control, protecting whoever develops, governing whoever destroys, and benefiting whoever invests.

Article 6 The State encourages enterprises, social organizations or individuals to invest in the rehabilitation of the geological environment of closed or abandoned mines.

Here, necessity has been answered clearly.

　　In recent years, the more influential documents for mine restoration include:

2016

Notice of the Central Organization Department of the National Development and Reform Commission, the National Bureau of Statistics, the Ministry of Environmental Protection, on Printing and Distributing the Green Development Index System and the Ecological Civilization Construction Assessment Target System (NDRC 2016, No. 2635)

The "new mine environment restoration area" is listed as a green development indicator as the basis for the evaluation and assessment of the ecological civilization construction of the provincial party committee and government.

　　2017

The Ministry of Finance, the Ministry of Land and Resources, and the Ministry of Environmental Protection jointly issued the "Guiding Opinions on Canceling the Mine Geological Environment Treatment and Restoration Deposit and Establishing the Mine Geological Environment Treatment and Restoration Fund"

Clearly eliminate the margin system and raise funds for governance recovery in the form of a fund. The "Opinions" stipulate that enterprises should transfer the returned deposits into funds for the treatment of mine geological environment problems. At the same time, establish a dynamic supervision mechanism for the geological environment of mines, and strengthen the supervision and inspection of the restoration of the geological environment of mines.

The established margin account shall be canceled according to the procedure. Supervise and implement the responsibility of mining enterprises to produce and manage at the same time. Raise governance funds in the form of funds and include them in the information disclosure system. Establish a dynamic supervision mechanism, strengthen supervision and inspection of joint punishment, public interest litigation. Each locality shall, in the light of its actual situation, formulate its own management measures to ensure that they are practical and feasible.

Next, the Ministry of Natural Resources issued a series of documents to encourage mine restoration.

　　2019.05

Letter of Opinions on Accelerating the Implementation of Comprehensive Renovation of Open-pit Mines

　　The Letter of Implementation Opinions requires that:

Comprehensively investigate the situation of open-pit mines, rectify open-pit mines with irregular pollution control, and carry out ecological restoration based on the requirements of mine geological environmental protection and land reclamation plans; strictly control new open-pit mineral construction projects; and pointed out that local governments at all levels must establish Long-term mechanism for comprehensive improvement of open-pit mines.

For open-pit mines that are lost by the responsible subject, in accordance with the principle of "who governs, who benefits", give full play to the guiding and leading role of financial funds, and vigorously explore the construction of "government-led, policy support, social participation, development-oriented governance, and market-oriented operation" A new model of mine geological environment restoration and comprehensive management will accelerate the progress of ecological restoration.

　　2019.12

Opinions on Exploring the Use of Market-oriented Ways to Promote Mine Ecological Restoration

The Opinions propose that by verifying the current land use types, ownership and legality of mining areas according to the facts, strengthening the control and guidance of land and space planning, encouraging the comprehensive restoration and utilization of mining land, implementing differentiated land supply, revitalizing the stock of construction land in mines, making rational use of abandoned mine soil and stone, and accelerating the ecological restoration of mines.

　　October 2021

Opinions on Encouraging and Supporting Social Capital to Participate in Ecological Protection and Restoration

The "opinion" emphasizes that we should give priority to protection, systematic repair, government-led and market operation, goal-oriented and problem-oriented, reform and innovation, and coordinated promotion. The Opinions encourage and support social capital to participate in the whole process of investment, design, restoration, management and protection of ecological protection and restoration projects, clarify that social capital participates in ecological protection and restoration through independent investment, cooperation with the government, public welfare participation and other modes, and clarify the participation procedures, encourage social capital to focus on participating in natural ecosystem protection and restoration, farmland ecosystem protection and restoration, urban ecosystem protection and restoration, mine ecological protection and restoration, marine ecological protection and restoration, and explore the development of ecological industries.

　　October 2022

Two of the Notice of the General Office of the Ministry of Natural Resources on Supporting the Consolidation and Expansion of the Achievements of Poverty Alleviation and Rural Revitalization during the Transition Period are related to mine restoration.

　　Promoting the Redevelopment of Inefficient Urban Land

We will continue to support the redevelopment of inefficient urban land in poverty-stricken areas in accordance with land space planning. Prepare or amend detailed plans within the boundaries of urban development to optimize the spatial structure of the stock; on the basis of the principles of ensuring safety and conservation and intensification, formulate local planning land use standards in accordance with local conditions, guide mixed land development and spatial intensive compound use, and promote the organic renewal of cities and towns. No longer carry out historical industrial and mining waste land reclamation and utilization, low hilly slope development and utilization of pilot.

　　Strengthen the prevention and control of geological disasters

Increase investment in the prevention and control of geological disasters, and give key support to eligible super-large geological disaster control projects reported in poverty-stricken areas. We will strengthen the prevention and control of geological disasters such as mountain collapses, landslides and debris flows, implement measures such as monitoring and early warning, relocation and avoidance, and engineering management in disaster-prone areas, and establish and improve the prevention and control system of geological disasters in poverty-stricken areas.