Mineral Law Perspective | Key Points of "Mineral Resources Reserves Review and Filing" in Shandong Province
Published:
2021-06-11
Mineral resources reserves are the physical quantity characterization of mineral resources assets, the object and core element of mining development, the basis of mineral resources planning, protection and rational utilization, and the important material basis to support the sustainable development of economy and society. The review and filing of mineral resources reserves has played an important role in safeguarding the rights and interests of national owners of mineral resources, protecting and rationally utilizing mineral resources, finding out the wealth of mineral resources, and ensuring the safety of energy resources. The review and filing of mineral resources reserves is an important basis for the competent department of natural resources to implement the legal requirements of mineral resources owned by the state, and to perform the duties of mineral resources owners and strengthen the management of mineral resources.
On August 26, 2020, the Department of Natural Resources of Shandong Province issued the Measures for the Administration of the Review and Filing of Mineral Resources Reserves in Shandong Province, which will come into effect on September 24, 2020 and is valid until September 23, 2023. The measures mainly put forward specific provisions and requirements from the aspects of the scope and authority of the review and filing, the elements and process of applying for the review and filing, the way of organizing the review and filing, the requirements of the review and filing work, strengthening the supervision and management of the review and filing work, and strengthening the main responsibility of the review experts.
1. clarify the scope and authority of review and filing
Scope of (I) review and filing
The following circumstances fall within the scope of government mineral resources reserve review and filing:
1, prospecting rights to mining rights;
2, mining rights change minerals or scope;
3, in addition to oil and gas, other minerals in the mining period accumulatively identified mineral resources have a major change (change of more than 30% or reach the medium-sized scale above);
4. The construction project covers important minerals.
(II) review and filing authority
1. In accordance with the registration authority for the transfer of mineral resources managed at the same level of the same mineral type, the provincial transfer registration and the covering of important mineral resources shall be responsible for the review and filing of mineral resources reserves by the Provincial Department of Natural Resources;
2. The natural resources authorities of cities and counties (cities, districts) divided into districts shall be responsible for the review and filing of mineral resources reserves.
2. clarify the requirements and process of application review and filing
(I) Application for Mineral Resources Reserves Review and Filing
1, mineral resources reserves review filing application letter;
2. Information table of mineral resources reserves;
3. If the applicant fails to submit a copy of the certificate of ownership of the mining right within the validity period of the mining right, relevant supporting materials that can explain the reasons shall be submitted at the same time;
4, mineral resources reserves report, drawings, schedules, mining rights ownership scope and resource reserves estimation scope overlay map, and stamped with the official seal of the unit.
Process of (II) Application for Mineral Resources Reserves Review and Filing
1. The applicant shall submit an application for the review and filing of mineral resources reserves to the competent department of natural resources within the validity period of the mining right.
The applicant here mainly refers to the mining right owner who applies for the record of mineral resources reserve review or the construction unit whose construction project covers important mineral resources.
2. The competent department of natural resources shall complete the acceptance examination within 5 working days from the date of receipt of the applicant's application materials for the review and filing of mineral resources reserves, and failure to inform within the time limit shall be deemed as acceptance.
The contents of the acceptance review include: whether it meets the scope and authority of the mineral resources reserve review and filing, whether the application materials are complete and standardized, and whether the technical report meets the review requirements.
3. The competent department of natural resources shall complete the review and filing of mineral resources reserves within 60 working days from the date of acceptance of the application (excluding the time of correction and modification of the applicant). If the review is passed, a reply letter for the record of the review of mineral resources reserves shall be issued, and if the review fails, the materials shall be returned.
3. standardize the work requirements for review and filing
(I) review method
1. Review of the meeting
Mineral resources reserves review work, generally take the meeting review method
2. Combination of meeting review and on-site verification
In any of the following circumstances, a combination of meeting review and on-site verification shall be adopted, and an on-site verification report shall be formed as an important basis for the review. The applicant shall assist and cooperate with the on-site verification.
(1) The first application for evaluation of the scale of mineral resources reserves is large;
(2) Cumulatively ascertained changes in mineral resources reach a large scale;
(3) Doubts in the process of review and filing.
3. Self or commissioned review
The department in charge of natural resources may directly organize the review and filing of mineral resources reserves, or may entrust all or part of the mineral resources reserve review agency to carry out the review work.
Content of (II) review
The review of mineral resources reserves shall examine the compliance and rationality of the materials submitted by the applicant. Focus on the selection of industrial indicators and estimation parameters, geological exploration and research degree, mining technical conditions, ore processing and smelting technical performance and comprehensive evaluation.
(III) formation of review expert group
1, the evaluation work according to the type of mineral resources reserves report set up an evaluation expert group, in principle, according to the scale of resource reserves to determine the number of experts, large and medium-sized not less than 5, small not less than 3.
2. The evaluation experts shall be randomly selected from the mineral resources reserve evaluation sub-library in the Natural Resources Expert Database of Shandong Province.
3. The evaluation experts shall abide by the professional ethics and code of conduct, independently put forward signed opinions, and be responsible for their objectivity, authenticity and integrity. Review experts independently review, express personal opinions, and make clear review conclusions. The expert group makes a conclusion on whether it has passed the review. If it has passed the review, the review expert group shall issue a review opinion.
4. Conditions of review experts
(1) Be familiar with the laws, regulations, rules and technical standards related to the evaluation of mineral resources reserves;
(2) with geological and mineral exploration, physical and chemical exploration, mining, mineral processing, hydraulic ring and other senior and above professional and technical titles;
(3) The review experts of large and medium-sized mineral resources reserve reports shall be engaged in professional and technical work for 10 years.
The situation of not passing the (IV) review
The review shall not be passed under the following circumstances:
(1) Serious non-compliance with relevant technical requirements and management regulations;
(2) Industrial indicators, estimated parameters, etc. are obviously unreasonable;
(3) The degree of exploration and research fails to meet the requirements of the corresponding exploration stage;
(4) Mining technical conditions, ore processing technical performance research or comprehensive exploration comprehensive evaluation can not meet the requirements of the corresponding stage of work;
(5) The quality of the report is poor, and the resource reserve estimation is seriously wrong, which needs to be modified systematically;
(6) The modification time limit exceeds 20 working days or is still unqualified after modification.
Submission of filing materials by (V) review bodies
The evaluation institution shall submit the following filing materials to the entrusted department in charge of natural resources:
(1) A letter of record for the review of mineral resources reserves issued by the review agency;
(2) Information sheet of mineral resources reserves;
(3) Information sheet for the review and filing of mineral resources reserves;
(4) Review opinion issued by the review body.
(VI) review and filing results
If the filing requirements are met, the competent department of natural resources shall inform the applicant in writing of the filing results. If it is to be put on record, the results shall be included in the mineral resources reserve database according to the mineral resources reserve review and record information table as the basis for statistics.
4. strengthen the supervision and management of the review and filing work
Principle of disclosure of (I) review and filing
The competent department of natural resources shall strengthen the information construction of the review and filing of mineral resources reserves, and disclose the review and filing status to the public through the portal website according to the review and filing authority, except for those involving state secrets.
(II) review and record cancellation system
If the review and filing of mineral resources reserves has been completed, and the application materials are verified to be untrue or fraudulent, the natural resources authority shall revoke the review and filing results in accordance with its authority and disclose the punishment information on the portal website of the natural resources authority.
(III) quality management system
The review body shall establish a quality management system and be responsible for the compliance, objectivity and integrity of the review procedures and review opinions. The business training and exchange of evaluation experts shall be organized regularly, and the relevant materials for the evaluation and filing of mineral resources reserves shall be properly kept.
Annual reporting system for (IV) review
The evaluation institution shall, before the end of January each year, submit an annual evaluation report to the entrusted department in charge of natural resources, report on the development of mineral resources reserve evaluation business, the training and changes of evaluation experts, etc., and accept the supervision and management of the department in charge of natural resources.
Responsibility system of (V) evaluation institution
If the evaluation institution fails to carry out the evaluation and filing of mineral resources reserves in accordance with these measures and relevant provisions, resulting in adverse effects, the competent department of natural resources shall notify and criticize it; if the circumstances are serious, stop its relevant business.
(VI) expert avoidance system
If the evaluation experts engage in malpractices for personal gain, practice fraud, neglect their duties and violate the principle of avoidance, they shall bear the relevant responsibilities.
Confidentiality Obligation of (VII) Evaluation Institutions and Experts
The evaluation body and the evaluation experts shall have the obligation to keep the mineral resources reserve report and other relevant information confidential, and the evaluation body shall keep it properly, and shall not borrow and copy it without authorization and use it for other purposes such as paid consultation or transfer of profits.
The implementation of the measures is conducive to the implementation of the spirit of the Ministry of natural resources and the reform of mineral resources reserve management in Shandong Province, improves the quality and service level of mineral resources reserve management in Shandong Province, and plays an important role in ensuring the security of energy resources.
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