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Ministry of Land and Resources, Ministry of Finance, Ministry of Environmental Protection, General Administration of Quality Supervision, Inspection and Quarantine
China Banking Regulatory Commission, China Securities Regulatory Commission
Implementation opinions on accelerating the construction of green mines
Regulations of Land and Resources (2017) No. 4
This Notice shall apply to the administrative departments of land and resources of all provinces, autonomous regions, and municipalities, the competent departments of finance and environmental protection, Bureau of Quality and Technical Supervision (department of market supervision and management), all banking regulatory bureaus, securities regulatory bureaus and industry associations, China Geological Survey and other units directly under the Ministry of Land and Resources, as well as all departments and bureaus of the Ministry of Land and Resources.
The implementation opinions are formulated to comprehensively implement the decisions and arrangements of the Opinions of the Central Committee of the Communist Party of China and the State Council on Accelerating the Construction of Ecological Civilization (issued by the Central Committee of the Communist Party of China (2015) No. 12) and the Outline of the 13th Five-Year Plan for National Economic and Social Development of the People's Republic of China, to promote the implementation of the national mineral resources planning and the ecological civilization construction in the mining field, and accelerate the transformation of the mining industry and green development.
1. General requirements
(1) Guiding ideology. We must comprehensively implement the spirits of the 18th National Congress of the Communist Party of China (CPC) and the 3rd, 4th, 5th and 6th Plenary Sessions of the 18th Central Committee of the CPC, and thoroughly implement the spirit of the General Secretary Xi Jinping's series of important speeches. Great efforts should be made to promote the "Five-in-One" master plan and coordinately promote the "Four-Prolonged Comprehensive Strategy". We need to firmly establish and thoroughly implement the concept of innovative, coordinated, green, open, and shared development. It is essential to adapt to the new normal of leading economic development, as well as a conscientious implementation of the decisions and deployments of the CPC Central Committee and the State Council on the construction of ecological civilization. Equally important is the need to adhere to the work orientation of "due diligence in protecting land resources, saving and utilizing land resources intensively and doing our utmost to safeguard the masses' rights and interests" and focus closely on the overall requirements of ecological civilization construction. Through government guidance, enterprise entities, leading standards, policy support, innovating mechanisms, strengthening supervision, fulfilling responsibilities, and stimulating vitality, the concept of green development is integrated into the entire process of mineral resources planning, exploration, development, utilization, and protection, to improve the transformation and upgrading of traditional mining, and the quality and efficiency of mining development.
(2) Overall goals
Construct a working mechanism of departmental cooperation and four-level joint creation, increase policy support, accelerate the construction of green mines, and form a new mining development model that meets ecological civilization construction requirements by 2020.
A new pattern of green mine construction should be formed. All newly-built mines should meet the requirements of green mine construction, and the transformation and upgrading of producing mines should be accelerated to meet the requirements gradually. We should establish a green mine model that is led by technologies and driven by innovation, implement hundreds of demonstrations of green exploration projects, build more than 50 green mining development demonstration areas, and form several new models, mechanisms, and systems that can be replicated and popularized.
Construct a new way to transform the development model of the mining industry. Persist in the coordination of mode transformation and growth stabilization, and innovate the new industrial development mode of resources intensive utilization and recycling and the new way of mining economic growth. Accelerate the upgrading of green environmental protection technologies and equipment and strengthen the mine ecological environment's comprehensive management. The intensive utilization of lands and conservation of cultivated lands in mining areas should be promoted to guide effective mining investment. The endogenous power for mining enterprises' green development shall be stimulated for the sustainable and healthy development of China's mining industry.
Establish a new working mechanism for the development of the green mining industry. Adhere to the mutual promotion of green transformation and management reform, and establish a green mine construction working system featuring joint innovation at the national, provincial, city, and county levels, enterprise-based construction, third-party evaluation, and social supervision. Besides, relevant departments shall improve the standard system of green exploration and green mine construction and the supporting incentive policy system to construct a long-term green mining development mechanism.
2. Establishing leading standards and building green mines
(3) Adjusting measures to local conditions and improving standards. Firstly, all localities should combine actual conditions and follow the green mine construction (See the Appendix) to refine and form local standards for green mines in line with the regions' actual situations. Secondly, all localities should clarify the assessment indicator requirements of green mine construction, including mine environmental features, development and utilization modes, intensive utilization of resources, modern construction of mines, harmony between mines and lands, and corporate cultures and images. A green mine standard system with national, industrial, local, and group standards should be established, covering all major industries with characteristics.
(4) Classifying guidance and gradually reaching the standards. In transferring new mining rights, it is necessary to clarify several relevant requirements and liabilities for breach of contract in the transfer contract following the green mine construction requirements and related standards. The requirements and liabilities include development methods, resource utilization, mine geological, environmental protection, governance and restoration, land reclamation, etc. The planning, design, construction, and operational management of new mines should be promoted in accordance with the requirements of green mine standards. Regarding producing mines, all localities should make comprehensive deployments and requirements based on actual conditions, differentiate situations, actively promote the upgrading and transformation of mines, and gradually meet the green mine construction requirements.
(5) Setting examples for demonstration and advancing the whole. Select the cities or counties with remarkable green mine construction progress to build some green mining development demonstration areas. Promote the innovation of technological systems, standard systems, industrial modes, management methods, and policy mechanisms to explore and solve the critical problems, such as layout optimization, structural adjustment, protection, conservation and comprehensive utilization of resources, and overall planning of ground and underground. Improve the system of mineral resources planning, exploration, development, utilization and protection, and the incentive policy system for green mining development to create a good investment and development environment. Promote the construction of green mines across all regions to form the green mining development model areas. The model areas shall have reasonable layouts, intensive and high efficiency, suitable environments, harmony between mines and lands, and the regional economy's benign developments.
(6) Ecological priority and green exploration. Under the premise of adhering to ecological protection first and respecting the masses' will, optimize the layout of strategic actions for mine exploration breakthrough. Establish the concept of green environmental protective exploration, and implement the ecological environment protection measures for exploration construction to carry out the legal and green exploration earnestly. Develop and popularize new technologies and methods, such as airborne geophysical exploration and remote sensing. Accelerate the revision of technical standards and specifications for geological exploration and improve the standard green exploration techniques system. Trenching and other exploration methods significantly affecting the surface environment shall be moderately adjusted or replaced to reduce geological exploration's impact on the ecological environment.
3. Increasing policy support and speeding up the construction process
(7) Implementing mineral resources support policies. Regarding the mining indexes and mining rights of mineral species under the total amount control, if green mining enterprises conform to the national industrial policy, priority should be given to green mines and green mining development demonstration areas.
The mining rights, meeting agreement transfer conditions, shall be granted priority to be transferred to green mining enterprises in the form of agreement.
(8) Ensuring the lands for green mine construction. In the adjustment and improvement of the overall land-use planning, all localities should include the project lands required for the construction of green mines into the overall planning arrangement, and give priority in the annual land-use plan to ensure the reasonable new construction land demands for new construction, renovation, and expansion of green mines.
For the mining lands, after completing the legal formalities for construction land, the lands can be transferred, leased, or leased first and transferred afterward. If the land is provided through transfer, under the premise of not exceeding the legal maximum transfer term, the land user can flexibly choose the term of land-use right transfer and carry out the transfer based on factors such as mine production cycle and exploitation life. The land user may also agree to pay the land transfer price in installments in the land transfer contract.
The green mining enterprises should be supported to reclaim and revitalize the existing industrial and mining land and link it with the new construction land. The construction of green mining development demonstration areas should be promoted in an integrated manner with the reclamation and utilization of industrial and mining wastelands, the rehabilitation of mine geological environment, the treatment of soil pollution in mining areas, and the land remediation. Related pilot and supporting policies are applicable. Under the premise of meeting the requirements of planning and ecology, it is allowed to use the cultivated lands increased from the reclamation of historical industrial and mining wastelands for the balance of cultivated land occupation and compensation.
For the agricultural land or other land damaged and unrecoverable caused by legal mine exploitation, the field investigation shall be carried out according to land change investigation requirements and procedures. It shall be included in the annual change survey after being reviewed and approved by the special report. If the cultivated land is involved, the amount of cultivated land shall be reduced according to the facts. However, the upper limit of the number of local controls must not be exceeded, and the basic farmland must be supplemented.
(9) Increasing fiscal and tax policy support. When arranging the funds for geological and mineral investigation and evaluation, based on perfecting current fund management measures, the Ministry of Finance and the Ministry of Land and Resources shall appropriately support the eligible projects of green mining development demonstration areas.
While using the central funds, local governments can make overall arrangements for the funds of geology and mineral resources, mine ecological environment treatment, heavy metal pollution prevention, and land reclamation, give priority to supporting eligible projects in the green mining development demonstration areas, and gather funds to promote the transformation of mining-development mode and the mining environment. Efforts should be made to actively promote the sustainable economic and social development of mining areas and actively coordinate local financial funds. An incentive system should be established to reward outstanding green mining enterprises.
Within the scope of High Technology Field Supported by the State, enterprises developing green mining construction technologies and transformation of achievements and are qualified as high-tech enterprises, and the enterprise income taxes can be legally levied at a reduced rate of 15%.
(10) Innovating green financial support policies. Under the premise of strengthening the environmental, health, safety, and social risk assessments and management of investment projects in the mining field, the banking financial institutions are encouraged to develop the green mine characteristic credit products in line with the actual regional conditions. Under the principles of controllable risks and sustainable business, green mining enterprises' financial support to restore the environment, prevent heavy metal pollution, and recycle resources should be increased.
Financial institutions are encouraged to provide financial services and support for green mining enterprises that have complete environmental, health, safety, and social risk management systems, timely information disclosure, good interaction with stakeholders, purchase of environmental pollution liability insurance, and competitive, marketable and profitable products.
Encourage provincial governments to establish green mine project libraries and strengthen support for green credit. Incorporate green mine information into the enterprise credit system as an essential reference for banks to handle credit business and other financial services.
Support governmental guarantee agencies to explore the establishment of structured green mining guarantee funds to provide credit enhancement services for green mining enterprises and projects. Encourage social capital to set up various green mining industry funds to provide support for green mining projects.
Promote qualified green mining enterprises to list on the Small & Medium Enterprise (SME) board, Growth Enterprises Market (GEM) board, and mainboard in China, and list on the "New Three Board" and regional equity market for financing.
4. Innovating evaluation mechanism and strengthening supervision and management.
(11) Construction of enterprise and standard warehousing. Mining enterprises that have completed the green mine construction tasks or met the requirements and relevant green mine construction standards shall conduct self-assessments and submit assessment reports to the municipal and county-level land and resources departments. Relevant departments of land resources and environmental protection of cities and counties should entrust a third party to carry out onsite verification in the form of government purchase services. Those that meet the requirements of green mine construction shall be reported to appropriate provincial authorities level by level and included in the national green mine list. They are all open to the public and subject to supervision through the green mining development service platform. Green mining enterprises included in the list automatically can enjoy the relevant preferential policies.
(12) Social supervision and punishments for dishonesty. Green mining enterprises should take the initiative to accept social supervision, establish a complaint-response mechanism for major environmental, health, safety, and social risk events, and promptly accept and respond to the demands of local people, social groups, and other stakeholders. Following the requirements of "double random and one open," provincial departments of land and resources, finance, environmental protection, and other relevant departments shall conduct random inspections on the mines included in the list of green mines from time to time. The relevant municipal and county-level departments shall do an excellent job in daily supervision and management. The Ministry of Land and Resources, together with relevant departments such as finance and environmental protection, should regularly evaluate the construction of green mines in all provinces (autonomous regions and municipalities). The mines that do not meet the requirements of green mine construction and relevant standards shall be removed from the list and exposed publicly and shall not enjoy various supporting policies such as mineral resources, land, and finance. If the green mine construction task in the mining right transfer contract is not fulfilled, the relevant mining right approval departments shall promptly investigate the relevant liabilities for breach of contract in accordance with the regulations.
5. Implementing the division of responsibilities and promoting the overall planning coordinately.
(13) Division of labor and cooperation for joint promotion. The Ministry of Land and Resources, the Ministry of Finance, the Ministry of Environmental Protection, and the General Administration of Quality Supervision, Inspection and Quarantine, with other relevant departments, shall be responsible for the development's overall arrangements of green mining. The development direction, policy guidance, targets, and construction requirements shall be defined, and the work guidance, organization, coordination, supervision, and inspection of all provinces (autonomous regions and municipalities) shall be strengthened. Departments and institutions of land and resources, finance, environmental protection, quality supervision, banking supervision, and securities supervision at all levels shall follow the unified leadership of the people's government at the corresponding level, work together to form a joint force, and accelerate the construction of green mines according to the division of responsibilities.
With relevant finance departments, environmental protection, and quality supervision, the provincial departments of land and resources shall be responsible for the organization and promotion of the green mining development in their respective provinces (autonomous regions and municipalities). Efforts should be made to formulate work plans especially, identify green exploration and demonstration projects, formulate local standards for green mining construction, improve the system of technical standards for green mines in significant industries, define supporting policies and measures, and organize cities and counties to accelerate green mining exploration and construction. According to the work layout requirements of the Ministry of Land and Resources and other departments, relevant departments shall optimize the green mining development demonstration areas, guide the corresponding municipal and county establishment of the construction work plan, and do an excellent job in the organization, promotion, supervision, and management. Before the end of December each year, related progress and effectiveness and supervision and inspection should be reported to the Ministry of Land and Resources and other departments.
Under the leadership of the people's governments at the corresponding levels, the relevant departments of land and resources, finance, and environmental protection at the municipal and county levels shall be responsible for the specific implementation. Specific work measures shall be proposed in strict accordance with work plans. Relevant departments should urge the mining enterprises to carry out green exploration, build green mines, and do an excellent job in daily supervision and administration.
Besides strengthening the Technical Committee for Standardization's guidance, China Mining Association and other industry associations and enterprises should be encouraged to participate in the research and formulation of green mine standards; thus, the national and industrial standards for green mines can be summarized and formed gradually.
(14) Award and compensation incentive, demonstration, and guidance. The competent departments of land and resources and finance should establish the incentive systems to reward the green mines that have achieved remarkable results. The Ministry of Land and Resources and the Ministry of Finance will work with relevant departments to select a certain number of excellent green mines from the national list of green mines every year to give praise and reward and play a demonstrative and leading role.
(15) Building a platform for publicity and promotion. Build a green mining development service platform on the portal website of the Ministry of Land and Resources to publish the green mining policy information, national green mines list, green mines and catalog and standards of green exploration technologies and equipment, and to publicize the green mining progress and typical experience in various regions. Give full play to the bridging role of China Mining Association and other industry associations, and strengthen industrial self-discipline. Scientific research institutes and consulting institutions should be encouraged to participate in the construction of green mines jointly. The information sharing, publicity, and promotion should be strengthened.
The present implementation opinions shall come into force from the issuance date and be valid for five years.
March 22, 2017