The Ministry of Natural Resources recently issued the "Notice on Strengthening and Improving Mineral Law Enforcement" (hereinafter referred to as the "Notice").
The Notice points out that, for some time, illegal mining issues have resurfaced in some areas, and mineral law enforcement has been lax in some places. Investigations into illegal activities have been perfunctory, failing to identify illegal acts according to law and regulations. Cases that should have been filed were not, confiscations that should have been made were not, and referrals that should have been made were not, resulting in lax law enforcement.
The Notice requires that all levels of natural resources authorities should draw profound lessons from the issues related to the Qinghai Muli Coal Mine and the Inner Mongolia coal resources sector, strengthening mineral resource law enforcement with stricter requirements, a more serious attitude, and stricter measures, and to demonstrate this commitment through concrete actions.
The Notice clarifies that prominent issues of illegal mineral resource activities must be seriously investigated and dealt with. Strictly in accordance with mineral resource laws and regulations, illegal activities such as unlicensed exploration and mining, cross-border exploration and mining, and destructive mining will be severely investigated and punished; the boundaries of relevant laws and policies on engineering construction and restoration and remediation will be strictly adhered to, and those who profit from mining during construction projects or engage in illegal mining under the guise of restoration and remediation will be severely punished according to law. 。
Daily law enforcement of mineral resources should be continuously deepened. Strengthen analysis and judgment of the situation of illegal mining activities, strengthen the discovery and prevention of illegal mining activities, and deepen the law enforcement work using satellite imagery.
Efforts should be made to correct lax mineral law enforcement. 。 For issues such as lax law enforcement and falsification, an internal review must be conducted to promptly correct relevant problems, issue public criticisms, and hold relevant units and personnel accountable for any violations of discipline or law.
Strive to form a strong joint effort. Further improve the mechanism of shared responsibility, strengthen the connection between law enforcement and criminal justice, strengthen the connection with disciplinary inspection and supervision, and auditing, strengthen the cooperation between mineral law enforcement and mineral supervision, and ecological environment supervision, and earnestly do a good job in the "second half" of mineral law enforcement.
The full text of the notice is as follows:
Notice of the Office of the Ministry of Natural Resources on Strengthening and Improving Mineral Law Enforcement
To the natural resources authorities of each province, autonomous region, and municipality directly under the Central Government, and the Xinjiang Production and Construction Corps Bureau of Natural Resources:
To thoroughly implement the major decisions and deployments of the Party Central Committee and the State Council, maintain order in mineral resource exploration and development, promote the intensive and efficient use of mineral resources, and strengthen ecological and environmental protection, in accordance with the Party group's work requirements of "Party Central Committee's spirit, national position, equal responsibilities, and strict enforcement," the following notice is issued on strengthening and improving mineral resource law enforcement:
I. Fully Understand the Importance of Strengthening Mineral Law Enforcement
Mineral resources are an important material foundation for economic and social development and are precious national assets. For some time, illegal mining issues have resurfaced in some areas, with old problems such as unlicensed mining and cross-border mining persisting, and new problems such as mining for profit during construction projects and illegal mining under the guise of restoration and remediation frequently occurring; in some areas, mineral law enforcement has been lax, investigations into illegal activities have been perfunctory, failing to identify illegal acts according to law and regulations. Cases that should have been filed were not, confiscations that should have been made were not, and referrals that should have been made were not, resulting in lax law enforcement.
All levels of natural resources authorities should thoroughly implement Xi Jinping Thought on Socialism with Chinese Characteristics for a New Era, in particular Xi Jinping's ecological civilization thought, based on the new development stage, adhere to the new development philosophy, build a new development pattern, draw profound lessons from the issues related to the Qinghai Muli Coal Mine and the Inner Mongolia coal resources sector, raise their political standing, unify their thoughts and actions with the central requirements, implement the responsibilities of "two unifications", strengthen mineral resource law enforcement with stricter requirements, a more serious attitude, and stricter measures, and demonstrate this commitment through concrete actions.
II. Seriously Investigate and Punish Prominent Illegal Mineral Resource Activities
Strictly in accordance with mineral resource laws and regulations, severely investigate and punish illegal activities such as unlicensed exploration and mining, cross-border exploration and mining, and destructive mining. For cases with serious violations and severe damage to the ecological environment, impose heavier penalties within the limits of discretionary power, publicly announce the results of the investigation and punishment, and achieve the effect of investigating one case, educating a group, and warning an area.
Strictly adhere to the boundaries of relevant laws and policies on engineering construction and restoration and remediation. Those who profit from mining during construction projects or engage in illegal mining under the guise of restoration and remediation will be severely punished according to law. If the same illegal entity has been administratively punished twice or more for illegal mining within two years and commits illegal mining again, and is suspected of constituting the crime of illegal mining, it should be transferred to the judicial organs for investigation of criminal responsibility.
III. Continuously Deepen Daily Law Enforcement of Mineral Resources
Strengthen analysis and judgment of the situation of illegal mining activities. Pay close attention to areas with a large number of illegal mining activities or a rapid increase in illegal mining activities over a period of time, and to mineral types with rapidly rising prices. Enhance political sensitivity and focus on ecologically sensitive areas such as the Yangtze and Yellow River basins, nature reserves, areas where mineral exploration and mining are prohibited, and ecological red lines, as well as areas with frequent illegal mining activities, and increase law enforcement efforts in a targeted manner. For areas with prominent problems, frequent occurrences, and repeated offenses, delineate work areas and request the local government to conduct concentrated rectification.
Strengthen the discovery and prevention of illegal mining activities. Based on local conditions, improve the ability to detect illegal mining activities through technological means and management innovation. In areas with the conditions, video surveillance can be set up in areas with frequent illegal mining activities and open-pit mines, and drone patrols can be carried out to strengthen the supervision of mineral resources. In conjunction with the local "mountain chief system" and "field chief system", explore extending the responsibilities and powers of discovering and preventing illegal mining activities to townships and villages, further implementing the responsibility of local supervision, ensuring timely discovery and prevention, and reporting to the county government and higher-level natural resources authorities if prevention is ineffective.
Deepen law enforcement work using satellite imagery. Seriously conduct on-site verification of suspected illegal patches, focusing on patches that have changed over many years in satellite imagery. Carefully compare images from previous years, identify the causes of changes one by one, and strictly determine and handle them. Provincial and municipal natural resources authorities should take the responsibility of review and supervision, strengthen internal review, increase the intensity of on-site inspections, and the Ministry will conduct irregular spot checks and verifications.
IV. Focus on Correcting Lax Mineral Law Enforcement
Provincial and departmental natural resources authorities should strengthen supervision and guidance over municipal and county natural resources authorities through case file reviews, research and guidance, and on-site spot checks. Major and typical violations will be directly investigated and handled, publicly supervised, or publicly announced by the department. Municipal and county natural resources authorities must earnestly implement the main responsibilities of mineral law enforcement and local responsibilities, adhere to the facts, perform their duties in accordance with the law, and must not fabricate facts or shirk responsibilities; cases that meet the conditions for filing must be investigated and handled, and cannot be treated as non-filing cases. They must also strictly implement the three systems of administrative law enforcement publicity, the entire process of law enforcement records, and legal review of major law enforcement decisions; mineral law enforcement penalty decisions made must strictly comply with mineral resource laws and regulations, and illegally obtained income and illegally mined mineral products must be confiscated in accordance with the law, and fines cannot replace confiscation; mineral law violations suspected of crimes must be transferred to judicial organs for criminal prosecution. For issues such as lax law enforcement and fabrication of facts, an internal approach must be taken to promptly correct relevant issues, conduct public criticism, and investigate the responsibilities of relevant units and personnel if violations of discipline or law are suspected.
V. Striving to Form a Powerful Joint Effort
Further improve the mechanism of shared responsibility. Jointly explore the establishment of a credit punishment mechanism with relevant departments. For illegal issues discovered in mineral law enforcement that should be under the jurisdiction of other departments, promptly notify the relevant departments for handling. For illegal mining activities that continue despite being stopped, promptly notify water conservancy, power, and other departments, and have them take relevant measures in accordance with the joint responsibility mechanism to promptly stop the illegal activities.
Further strengthen the connection between administrative and criminal penalties. For illegal mining cases suspected of crimes, strictly implement the "Regulations on the Transfer of Cases Suspected of Crimes by Administrative Law Enforcement Organs," transfer them to the public security organs and copy them to the procuratorial organs. For clues of suspected "sand bullies," "mine bullies," and other black and evil illegal mining activities, promptly transfer them to the public security organs. For regions that have not yet formulated specific criminalization standards for illegal mining crimes and destructive mining crimes, provincial natural resources authorities should actively strengthen communication with higher people's courts and propose clear specific standards. Before the standards are issued, the most stringent standards stipulated in the "Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of Illegal Mining and Destructive Mining" should be used for transfer work.
Strengthen the connection with disciplinary inspection and supervision, auditing, and strengthen the cooperation between mineral law enforcement and mineral supervision, ecological environment supervision, and earnestly do a good job in the "second half" of mineral law enforcement. Earnestly implement the work mechanism for the interconnection of natural resource administrative supervision and disciplinary inspection and supervision. For clues of violations of duty, job-related crimes, and black and evil violations of discipline and law involving public officials discovered in mineral law enforcement, promptly transfer them to disciplinary inspection and supervision organs for investigation and handling. Earnestly implement the natural resource supervision and law enforcement cooperation mechanism, and strengthen law enforcement and supervision cooperation in major special projects, case handling, transfer, and information sharing. Earnestly implement the cooperation mechanism between natural resource supervision and law enforcement and the leaving office audit of natural resource assets by leading cadres, and actively cooperate with auditing organs in conducting work in accordance with the law. For major ecological and environmental damage issues discovered in mineral law enforcement, transfer them to ecological environment supervision for handling. In areas where comprehensive administrative law enforcement reform is implemented, local natural resources authorities should strengthen coordination and cooperation and business guidance with comprehensive administrative law enforcement organs to prevent the occurrence of law enforcement gaps.
All levels of natural resources authorities should, in accordance with the principle of consistency of power and responsibility, refine the supervision responsibilities of internal business institutions, strengthen coordination and cooperation, improve the internal approval, supervision, and law enforcement information sharing mechanism, and promptly transfer illegal issues discovered in approval and supervision to law enforcement agencies for investigation and handling. Mineral law enforcement discovers management system and supervision issues, and should promptly report them to relevant business institutions
