Coal law of the people's Republic of China

2022-08-21
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The coal law of the People'sRepublic ofChina No.75

the coal law of the People'sRepublic ofChina, which was adopted at the 21st Meeting of the Standing Committee of the Eighth National People'sRepublic Congress of the People'sRepublic ofChina on August 291996, is hereby promulgated and shall enter into force as of December 1st, 1996

President of the People'sRepublic ofChina Jiang Zemin August 291996

catalogue

Chapter I General Provisions

Chapter II coal production and development planning and coal mine construction

Chapter III coal production and coal mine safety

Chapter IV coal operation

Chapter V coal mine protection

Chapter VI Supervision and inspection

Chapter VII laws

Chapter VIII supplementary provisions

Chapter I General Provisions

Article 1 for reasonable opening This law is formulated to develop, utilize and protect coal resources, regulate coal production and business activities, and promote and ensure the development of the coal industry

Article 2 this law is applicable to coal production and business activities within the territory of the people's Republic of China and other sea areas under the jurisdiction of the people's Republic of China

Article 3 coal resources belong to the state. The state ownership of surface or underground coal resources will not change due to the different ownership or use rights of the land to which they are attached

Article 4 the State adopts the policy of unified planning, rational distribution and comprehensive utilization of coal development

Article 5 the state protects coal resources in accordance with the law and prohibits any acts of indiscriminate mining and destruction of coal resources

Article 6 the state protects the legitimate rights and interests of investors who invest in the development of coal resources according to law

the state guarantees the healthy development of state-owned coal mines

the State adopts the policy of supporting, reforming, rectifying, uniting and improving township coal mines, and implements formal and rational development and orderly development

Article 7 coal mining enterprises must adhere to the safety production policy of safety first and prevention first, and establish and improve the system of safety production and the system of mass prevention and treatment

Article 8 people's governments at all levels and their relevant departments and coal mining enterprises must take measures to strengthen labor protection and ensure the safety and health of coal mining workers

the State takes special protective measures for workers working underground in coal mines

Article 9 the State encourages and supports the adoption of advanced science and technology and management methods in the development and utilization of coal resources

coal mining enterprises should strengthen and improve business management, improve labor productivity and economic benefits

Article 10 the state maintains the order of production and work in coal mining areas and protects the facilities of coal mining enterprises

Article 11 the development and utilization of coal resources shall comply with the laws and regulations on environmental protection, prevent and control pollution and other public hazards, and protect the ecological environment

Article 12 the Coal Administration Department of the State Council shall be responsible for the supervision and administration of the national coal industry according to law. The relevant departments of the State Council shall be responsible for the supervision and administration of the coal industry within the scope of their respective functions and responsibilities

the coal administrative departments and relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the coal industry within their respective administrative regions according to law

Article 13 the coal mining bureau is a state-owned coal mining enterprise with independent legal personality

the Mining Bureau and other coal mining enterprises and coal trading enterprises with independent legal personality shall implement independent management, be responsible for their own profits and losses, self-discipline and self-development in accordance with the law

Chapter II coal production and development planning and coal mine construction

Article 14 the Coal Administration Department of the State Council shall prepare the national coal resources exploration plan according to the national mineral resources exploration plan

Article 15 the Coal Administration Department of the State Council shall organize the preparation and implementation of coal production and development plans in accordance with the coal resources specified in the national mineral resources plan

when provinces, autonomous regions and municipalities directly under the central government conduct impact tests on materials whose toughness is sensitive to temperature changes, the Coal Administration Department of the people's Government shall organize the preparation and implementation of local coal production and development plans according to the coal resources specified in the national mineral resources plan, and report them to the Coal Administration Department of the State Council for the record

Article 16 coal production and development plans shall be formulated in accordance with the needs of national economic and social development and incorporated into the national economic and social development plan

Article 17 The State formulates preferential policies to support the development of the coal industry and promote the construction of coal mines

coal mine construction projects shall comply with the coal production and development plan and the coal industry policy

Article 18 to establish a coal mining enterprise, the following conditions shall be met:

(1) having a feasibility study report or mining plan for a coal mining construction project

(II) planned mining area, mining scope and comprehensive utilization plan of resources

(III) geological, surveying, hydrological and other data required for mining

(4) having mine designs that meet the requirements of coal mine safety production and environmental protection

(5) having a reasonable production scale of coal mines and the funds, equipment and technical personnel appropriate to it

(VI) other conditions stipulated by laws and administrative regulations

Article 19 to establish a coal mining enterprise, an application must be submitted to the coal administration department according to law; It shall be examined and approved in accordance with the conditions prescribed in this Law and the limits of authority for hierarchical administration prescribed by the State Council

to review and approve coal mining enterprises, the competent department of Geology and mineral resources must review their mining scope and comprehensive resource utilization plan and sign comments

if both parties establish a joint venture coal mining enterprise after approval, the mining license shall be issued by the Department in charge of Geology and mineral resources with the approval document

Article 20 the use of land for coal mine construction shall be handled in accordance with the provisions of relevant laws and administrative regulations. If land is expropriated, land compensation fees and resettlement compensation fees shall be paid according to law, and the resettlement of relocated residents shall be done well

coal mine construction should implement the principle of protecting cultivated land and making rational use of land

local people's governments should give support and assistance to the use of land and the relocation of residents in coal mine construction according to law

Article 21 coal mine construction should be carried out simultaneously with coal development and environmental control. The environmental protection facilities of coal mine construction projects must be designed, constructed, accepted and put into use at the same time as the main works

Chapter III coal production and coal mine safety article 22 before a coal mine is put into production, a coal mining enterprise shall apply to the coal administration department for a coal production license in accordance with this law, and the coal administration department shall examine its actual production and safety conditions. If the conditions specified in this law are met, a coal production license shall be issued

those who have not obtained the coal production license shall not engage in coal production

Article 23 to obtain a coal production license, the following conditions shall be met:

(1) a mining license obtained in accordance with the law

(2) the mine production system complies with the national coal mine safety regulations

(3) the mine manager has passed the training according to law and obtained the qualification certificate of the mine manager

(IV) special operation personnel have passed the training according to law and obtained the operation qualification certificate

(V) the dispatching communication on the well, underground, inside and outside the mine is smooth

(VI) there are measured shaft and underground engineering comparison drawings, mining engineering plan and ventilation system diagram

(7) having facilities and environmental protection facilities that guarantee the safety of coal mine production and pass the completion acceptance

(VIII) other conditions stipulated by laws and administrative regulations

Article 24 the Coal Administration Department of the State Council is responsible for the coal production license of the following coal mining enterprises. 1. Ensure that the key curve tester is licensed on a stable and fixed workbench or horizontal plane:

(1) the State Council and coal mining enterprises that should be examined and approved by the Coal Administration Department of the State Council according to law

(II) coal mining enterprises across provinces, autonomous regions and municipalities directly under the central government

The coal administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government are responsible for the issuance and administration of coal production licenses for coal mining enterprises other than those specified in the preceding paragraph

The coal administration departments of the people's governments of provinces, autonomous regions and municipalities directly under the central government may authorize the coal administration departments of the people's governments of cities divided into districts and autonomous prefectures to be responsible for the issuance and administration of coal production licenses

Article 25 the authority for the issuance and administration of coal production licenses shall be responsible for the supervision and administration of coal production licenses

coal mining enterprises that have obtained coal production licenses according to law shall not transfer or lease their coal production licenses to others

Article 26 coal production licenses shall not be issued repeatedly within the same mining scope

if the term of validity of the coal production license expires or the coal resources within the approved mining scope have been exhausted, the coal production license shall be cancelled and announced by the issuing authority

if the production and safety conditions of a coal mining enterprise change and are verified to be inconsistent with the conditions stipulated in this law, its coal production license shall be revoked and announced by the issuing authority

Article 27 measures for the administration of coal production licenses shall be formulated by the State Council in accordance with this law

The standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the central government may formulate measures for the administration of coal production licenses in their respective regions in accordance with this Law and the provisions of the State Council

Article 28 the State implements protective mining for special or scarce coals that are of great value to the national economy

Article 29 the mining of coal resources must comply with the coal mining regulations, observe the reasonable mining sequence, and achieve the specified recovery rate of coal resources

the recovery rate of coal resources is determined by the Coal Administration Department of the State Council according to different resources and mining conditions

the State encourages coal mining enterprises to re mine or mine corner residual coal and extremely thin coal

Article 30 coal mining enterprises shall strengthen the supervision, inspection and management of the quality of coal products. The quality of coal products shall be graded according to national or industrial standards

Article 31 coal production shall be carried out within the approved mining scope according to law, and mining beyond the approved mining scope shall not be allowed

in mining operations, it is not allowed to mine security pillars without authorization, and it is not allowed to adopt dangerous methods such as water bursting, blasting, tunnel penetration, etc., which may endanger the production safety of adjacent coal mines

Article 32 If coal mining occupies land or causes surface land collapse or excavation damage, the miner shall be responsible for reclamation and restore it to a usable state; If losses are caused to others, compensation shall be made according to law

Article 33 the closure of coal mines and abandoned coal mines shall be handled in accordance with relevant laws and regulations and the provisions of the coal administration department under the State Council

Article 34 The State establishes a system for coal mining enterprises to accumulate funds for changing production during the aging period of coal mines

the State encourages and supports coal mining enterprises to develop diversified economy

Article 35 The State advocates and supports coal mining enterprises and other enterprises to develop joint production of coal and electricity, coking, coal chemical industry, coal building materials, etc., and to carry out deep and fine processing of coal

The State encourages coal mining enterprises to develop coal washing and processing, and comprehensively develop and utilize coalbed methane, coal gangue, slime, stone coal and peat

Article 36 the state develops and popularizes clean coal technology

the State takes measures to ban indigenous coking. Prohibit the construction of indigenous coking kilns; The existing indigenous coking will be reformed within a time limit

Article 37 people's governments at or above the county level and their coal administration departments and other relevant departments shall strengthen the supervision and administration of coal mine safety production

Article 38 the safety production management of coal mining enterprises shall be implemented by the directors and managers of mines

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