(Adopted at the 21st Meeting of the Standing Committee of the Eighth National People’s Congress on August 29, 1996, promulgated by Order No. 75 of the President of the People’s Republic of China on August 29, 1996, and effective as of December 1, 1996)
CHAPTER I GENERAL PROVISIONS Article 1 This Law is enacted with a view to rationally developing, utilizing and protecting the coal resources, standardizing the production Article 2 This Law shall be applied to the production and marketing of coal within the territory of the People’s Republic of China and in the Article 3 The coal resources are owned by the State. The State ownership of the coal resources, either on the surface or underground, shall Article 4 With regard to the development of the coal resources, the State shall apply the principle of unified planning, rational geographical Article 5 The State shall protect the coal resources according to law and forbid any indiscriminate mining which is destructive to the coal Article 6 The State shall protect the lawful rights and interests of the persons who invest in the exploitation of the coal resources according The State shall protect the sound development of State-owned coal mines. With regard to township coal mines, the State shall adopt the policies of support, transformation, rectification, merging and upgrading, Article 7 Coal mining enterprises must abide by the principle of safety in production, putting safety and prevention first, and establish and Article 8 The people’s governments at all levels and the relevant departments thereof and the coal mining enterprises must take measures to The State shall take special protective measures for miners working in underground coal mines. Article 9 The State shall encourage and support the adoption of advanced science and technology and managerial methods in the exploitation Coal mining enterprises shall strengthen and improve their operation and management and increase their productivity and economic results. Article 10 The State shall maintain order in production and other work in coal mine areas and protect the facilities of coal mining enterprises. Article 11 Anyone who exploits or utilizes coal resources shall abide by the laws and regulations governing environmental protection, prevent Article 12 The department in charge of the coal industry under the State Council shall be responsible for supervision and administration of The departments in charge of the coal industry and other relevant departments under the local people’s governments at or above the Article 13 The coal mining administrations are State-owned coal mining enterprises each with the status of an independent legal entity. The coal mining administrations and other coal mining and trading enterprises with the status of independent legal entities shall,
CHAPTER II PLANS FOR COAL PRODUCTION AND DEVELOPMENT AND CONSTRUCTION OF COAL MINES Article 14 The department in charge of the coal industry under the State Council shall, according to the national plan for exploring the mineral Article 15 The department in charge of the coal industry under the State Council shall, according to the coal resources designated in the national The departments in charge of the coal industry under the people’s governments of the provinces, autonomous regions, and municipalities Article 16 Plans for coal production and development shall be worked out in light of the needs of the national economic and social development Article 17 The State shall formulate preferential policies to support the development of the coal industry and promote the construction of coal Coal mine construction projects shall conform with the plans for coal production and development and the policies for the coal industry. Article 18 To establish a coal mining enterprise, the following requirements shall be met: (1) having a feasibility study report on or mining plan for coal mine construction project; (2) having a planned mining area, the limits of mining and a plan for comprehensive utilization of the resources; (3) having geological, survey and hydrogeological data and other information needed for mining; (4) having a mining design which meets the requirements of safety in coal mine production and of environmental protection; (5) having a ratinal scale of coal mine production and the funds, equipment and technicians commensurate with such scale; and (6) other requirements prescribed by laws and administrative rules and regulations. Article 19 For establishing a coal mining enterprise, an application must be submitted to the department in charge of the coal industry according Before examining and approving the application for establishing a coal mining enterprise, it is necessary for the department in charge The coal mining enterprise that has obtained approval for establishment shall, by virtue of the document of approval, be issued the Article 20 To use land for construction of a coal mine, the coal mining enterprise shall go through the formalities in accordance with the relevant In construction of coal mines the principle of protecting the cultivated land and utilizing the land rationally shall be adhered to. Local people’s governments shall give support and assistance to the enterprise that uses land and has to have the residents move to Article 21 In coal mines, coal exploitation and environmental control shall be sychronized. The facilities for environmental protection of a
CHAPTER III PRODUCTION OF COAL AND SAFETY OF COAL MINES Article 22 Before a coal mine is put into production, the coal mining enterprise shall, in accordance with the provisions of this Law, submit Anyone who has not obtained the coal production license shall be forbidden to engage in coal production. Article 23 The following requirements must be met for obtaining the coal production license: (1) having the legally obtained mining license; (2) having a mine production system that conforms to the mine safety rules formulated by the State; (3) having mine managers who have received training according to law and obtained the mine manager qualification certificates; (4) having specially skilled workers who have received training according to law and obtained the operation qualification certificates; (5) having a good communications system for dispatch on the surface, underground, within and out of the coal mine; (6) having an actually measured surface and underground engineering comparison drawing, a mining and excavation plan and a ventilation (7) having the facilities to guarantee coal mine safety in production and environmental protection facilities, which have been proved (8) other requirements prescribed by laws and administrative rules and regulations. Article 24 The department in charge of the coal industry under the State Council shall be responsible for the administration of the issue of (1) coal mining enterprises that are examined and approved for establishment by the State Council and those that are, in accordance (2) coal mining enterprises that are established in trans-administrative regions of provinces, autonomous regions and municipalities The departments in charge of the coal industry under the people’s governments of the provinces, autonomous regions and municipalities The departments in charge of the coal industry under the people’s governments of the provinces, autonomous regions and municipalities Article 25 The government departments in charge of the administration of the issue of coal production licenses shall be responsible for supervision Coal mining enterprises may not transfer or lease to another person the coal production licenses they have legally obtained. Article 26 No duplicate coal production license shall be issued for mining in the same area. Where the validity period of a coal production license expires or the coal resources within the limits of an approved mining area Where the production and safety conditions of a coal mining enterprise have changed and through examination have been proved not meeting Article 27 The measures for administration of coal production license shall be formulated by the State Council according to this Law. The standing committees of the people’s congresses of the provinces, autonomous regions and municipalities directly under the Central Article 28 The State shall ensure protective mining for the special or rare types of coal which are of important value to the national economy. Article 29 In the exploitation of coal resources, coal mining regulations must be complied with, the rational mining sequence followed and the The rate of extraction for coal resources shall be determined by the department in charge of the coal industry under the State Council The State shall encourage coal mining enterprises to carry out second mining or extract residual coal at the margins of mining areas Article 30 Coal mining enterprises shall exercise strict supervision, inspection and control of coal product quality. Such quality shall be Article 31 Coal production shall be carried out within the approved limits of mining areas according to law. Mining beyond the approved limits No safety pillars shall be mined without authorization and no dangerous methods, such as water bursting, blasting and breaking through Article 32 Coal mining enterprises shall be responsible for reclaiming the land, which is covered by coal or which subsides or is destroyed Article 33 Coal mines shall be closed or abandoned in accordance with the relevant laws and regulations as well as the rules of the department Article 34 The State shall establish the system of accumulating funds by coal mining enterprises for changing the line of production during The State shall encourage and support coal mining enterprises to develop a diversified economy. Article 35 The State shall encourage and support coal mining enterprises and other enterprises to produce both coal and electricity, coking The State shall encourage coal mining enterprises to develop coal washing and processing as well as comprehensive exploitation and Article 36 The State shall develop and disseminate clean coal technology. The State shall adopt measures to ban coke making by indigenous methods. The construction of kilns for making coke with indigenous Article 37 The people’s governments at or above the county level and the departments in charge of the coal industry under such governments and Article 38 To ensure safety in production, the system under which the directors of coal mine administrations and the managers of coal mines Article 39 Directors of coal mine administrations, managers of coal mines and other chief leading members of coal mining enterprises must abide Article 40 Coal mining enterprises shall conduct education and training in safety in production among their employees. No one who has not received Employees of coal mining enterprises must abide by the laws and regulations governing safety in production, rules and regulations Article 41 When an irresistible emergency occurs which may endanger the lives and safety of the miners who are working underground in coal mines, the person in charge on the spot or other persons in charge Article 42 When members of the trade unions of coal mining enterprises find that administrators of the enterprises give directions against regulations and order miners to work at risks or when they scent hidden danger of obviously serious accident which may threaten the Article 43 Coal mining enterprises must provide the workers with the necessary articles to guarantee safety in production. Article 44 Coal mining enterprises must provide accidental injury insurance for miners working underground and pay premiums. Article 45 All equipment, facilities, explosives and safety instruments used by coal mining enterprises must meet the national or trade standards.
CHAPTER IV MARKETING OF COAL Article 46 Coal mining enterprises which have legally obtained coal production licenses shall have the right to sell the coal they themselves Article 47 To establish a coal trading enterprise, the following requirements shall be met: (1) havingregistered capital commensurate with its marketing capacity; (2) having fixed premises for operation; (3) having the necessary facilities and coal stockyard; (4) having the standard measuring and quality inspection devices; (5) complying with the State requirements on the rational layout of coal trading enterprises; and (6) meeting the other requirements prescribed by laws and administrative rules and regulations. Article 48 For establishment of a coal trading enterprise, an application must be submitted to the department designated by the State Council Article 49 In the marketing of coal, coal trading enterprises shall abide by the relevant laws and regulations, improve services and ensure Article 50 For the marketing of coal, the intermediate links shall be reduced and unreasonable intermediate links shall be removed, and, where Customers and coal trading enterprises in coal marketing areas shall have the right to buy coal directly from coal mining enterprises. Administrative departments shall be forbidden to set up intermediate agencies for coal supply and charge extra fees in violation of Article 51 Railway station and port authorities engaged in coal transportation and other transport enterprises may not take advantage of the Article 52 The price administration department under the State Council, together with the department in charge of the coal industry under the Article 53 The quality of coal supplied to customers by coal mining and coal trading enterprises shall meet the national or trade standards. Coal mining enterprises and coal trading enterprises may not adulterate coal and sell inferior coal as quality coal. Article 54 If the quality of coal supplied by coal mining enterprises and coal trading enterprises to customers does not meet the national or Article 55 Coal mining enterprises, coal trading enterprises, transport enterprises and customers shall supply, transport, and accept and unload Transport enterprises shall put coal of different quality to be transported into different packages or stock piles. Article 56 Unified control shall be maintained over the import and export of coal in accordance with the relevant regulations of the State Council. After the department in charge of foreign economic relations and trade under the State Council gives its approval, large coal mining Article 57 Measures for control of coal marketing shall be formulated by the State Council in accordance with this Law.
CHAPTER V PROTECTION OF COAL MINING AREAS Article 58 No units or individuals may damage the installations of electric power and communications, the sources of water, the means of transportation All units and individuals shall be forbidden to disrupt the order of production and other work in coal mine areas. Article 59 Any units and individuals shall have the right to inform against or accuse persons who steal or damage the facilities and equipment Article 60 Without consent of coal mining enterprises, no units or individuals may grow plants or crops or breed animals, take soil or put up buildings or other structures on the land during the validity period for use of the land legally obtained by coal mining enterprises. Article 61 Without consent of coal mining enterprises, no units or individuals may occupy the railways, roads, navigation channels, wharves, power lines and water supply pipes specially used by coal Article 62 Any units or individuals that wish to conduct operations within coal mining areas that may threaten safety of the coal mines must If public utilities or other projects need to be constructed in a coal mine area, the unit concerned shall consult the coal mining
CHAPTER VI SUPERVISION AND INSPECTION Article 63 The departments in charge of the coal industry and other relevant departments shall, in accordance with law, exercise supervision Article 64 Supervisors and inspectors of the departments in charge of the coal industry and other relevant departments shall have adequate knowledge Article 65 During supervision and inspection, the supervisors and inspectors of the departments in charge of the coal industry and other relevant The coal mining enterprises, coal trading enterprises and customers shall provide convenience to the supervisors and inspectors of Article 66 The supervisors and inspectors of the departments in charge of the coal industry and other relevant departments shall have the right The supervisors and inspectors of the departments in charge of the coal industry and other relevant departments shall show their papers
CHAPTER VII LEGAL LIABILITY Article 67 If a person, in violation of the provisions of Article 22 of this Law, engages in coal production without coal production license, Article 68 If a person, in violation of the provisions of Article 25 of this Law, transfers or leases his coal production license, the department Article 69 If an enterprise, in violation of the provisions of Article 29 of this Law, fails to achieve the rate of extraction set by the department Article 70 If an enterprise, in violation of the provisions of Article 31 of this Law and without authorization, mines safety pillars or adopts Article 71 If an enterprise, in violation of the provisions of Article 48 of this Law, deals in coal without undergoing examination for approval, Article 72 If an enterprise, in violation of the provisions of Article 53 of this Law, adulterates coal and sells inferior coal as quality coal, Article 73 If any units or individuals, in violation of the provisions of Article 60 of this Law and without consent of the coal mining enterprise them to pull down the buildings or other structures; if they refuse to do so, they shall be ordered to pull them down. Article 74 If any units or indi
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