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Regulations on Administration of Geological
Data
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(Promulgated by Decree No.349 of the State Council of
the People¡¯s Republic of China on March
19, 2002, and effective as of July 1, 2002) |
Chapter I General Provisions
Article 1 These Regulations are formulated for the purposes of strengthening
the administration of geological data, bringing into full play the
geological data, and protecting the lawful rights and interests of
submitters of geological data.
Article 2 These Regulations apply to the submission, storage and use
of geological data.
The term ¡°geological data¡± referred to in these Regulations means
original geological data and final reports in the form of characters,
diagrams, audio-visual products and electromagnetic medium and physical
geological data such as drilling core, various specimens, polished
thin sections and samples, which are produced in the course of geological
work.
Article 3 The competent geology and mineral resources department of
the State Council shall be responsible for the supervision and administration
of the submission, storage and use of geological data throughout the
country. The competent geology and mineral resources departments of
the people¡¯s governments of provinces, autonomous regions and municipalities
directly under the Central Government shall be responsible for the
supervision and administration of the
submission, storage and use of geological data within their respective
administrative areas.
Article 4 Geological archives of the competent geology and mineral
resources department of the State Council and of the competent geology
and mineral resources departments of the people¡¯s governments of provinces,
autonomous regions and municipalities directly under the Central Government
(hereinafter referred to as 2 geological archives), as well as geological
data storage units entrusted by the competent geology and mineral
resources department of the State Council (hereinafter referred to
as geological data storage units), shall undertake the work of storage
of and provision for the use of geological data.
Article 5 The State shall establish an information system for geological
data.
Article 6 Units and individuals who make outstanding contributions
in the administration of geological data shall be rewarded by the
competent geology and mineral resources department of the State Council
or the competent geology and mineral resources departments of the
people¡¯s governments of provinces, autonomous regions or municipalities
directly under the Central Government.
Chapter II Submission of Geological
Data
Article 7 Exploration licensees and mining concessionaires who are
engaged in prospecting and exploitation of mineral resources within
the territory of the People¡¯s Republic of China and other sea areas
under its jurisdiction shall be the submitters of geological data.
Where a geological project other than those set forth in the preceding
paragraph is undertaken within the territory of the People¡¯s Republic
of China and other sea areas under its jurisdiction, its investor(s)
shall be the submitter(s) of geological data; however, if the project
is funded by the State, the unit(s) which undertake(s) the project
shall be the submitter(s) of geological data.
Article 8 The State institutes a system for the unified submission
of geological data.
The submitters of geological data shall submit their geological data
in accordance with the range specified in the Appendix of these Regulations.
Except the final reports and the original and physical geological
data that are required to be submitted according to the provisions
of the State, it is only necessary to submit the catalogue of other
original and physical geological data. The detailed catalogue of the
original and physical geological data that are required to be submitted
3 according to the provisions of the State shall be determined by
the competent geology and mineral resources department of the State
Council in consultation with the relevant departments of the State
Council.
Article 9 The following geological data specified in the Appendix
of these Regulations shall be submitted to the competent geology and
mineral resources department of the State Council by the submitters
of geological data:
(1) the geological data of oil, natural gas, coal-bed methane and
radioactive minerals;
(2) the marine geological data;
(3) other geological data that shall be submitted according to the
provisions of the competent geology and mineral resources department
of the State Council.
The geological data other than those set forth in the preceding paragraph
shall be submitted by the submitters of geological data to the competent
geology and mineral resources departments of the people¡¯s governments
of the provinces, autonomous regions and municipalities directly under
the Central Government where the
geological projects are located.
Article 10 The submitters of geological data shall submit their geological
data within the following time limits:
(1) exploration licensees shall submit their geological data within
30 days prior to the expiry of their exploration licenses;
(2) except under the following circumstances, the mining concessionaires
shall submit their geological data within 90 days prior to the expiry
of their mining licenses:
(i) where mines are to be closed by stages, the geological data shall
be submitted within 180 days from the date when they are closed;
(ii) where, in exploiting mineral resources, new orebodies or new
types of minerals are discovered, or the mineral reserves vary significantly,
the geological data shall be submitted within 180 days from the date
when the exploitation and exploration work is completed;
(3) where the exploration or mining licenses are revoked due to violation
of the 4 provisions on administration of exploration and mining rights,
the geological data shall be submitted within 15 days from the date
when the penalty decisions enter into force;
(4) the geological data of construction projects shall be submitted
within 180 days from the date when the projects are checked and accepted
after its completion;
(5) other geological data shall be submitted within 180 days from
the date when the geological projects are completed.
Article 11 If the submitters of geological data fail to submit their
geological data in accordance with the provisions of Article 10 of
these Regulations due to force majeure, they shall apply for postponing
the submission to the competent geology and mineral resources departments
that are responsible for accepting such geological data, and only
upon obtaining an approval therefrom, can the submitters postpone
the submission. In no case shall the extended period exceed a maximum
of 180 days.
Article 12 The geological data submitted shall be in conformity with
the relevant provisions of the competent geology and mineral resources
department of the State Council and the relevant technological standards
set by the State.
No unit and individual may forge geological data or practise fraud
when submitting geological data.
Article 13 The competent geology and mineral resources departments
that are responsible for accepting geological data shall issue a submission
credence after the geological data submitted pass the checking and
are accepted, and refer them promptly to the geological archives or
the geological data storage units in accordance with the provisions
of the competent geology and mineral resources department of the State
Council.
Chapter III Storage and Use of Geological
Data
Article 14 The geological archives and the geological data storage
units shall establish systems for the rearrangement and storage of
geological data, be equipped with necessary storage, protective and
security facilities and be staffed with 5 professional technicians,
so as to guarantee the integrity and security of geological data.
Article 15 The geological data submitted by the exploration licensees
and mining concessionaires shall be made public by the geological
archives or the geological data storage units within 30 days from
the expiry of the exploration or mining licenses; if approval is obtained
to extend the exploration or mining licenses, the geological data
submitted shall be made public by the geological archives or the
geological data storage units within 30 days from the expiry of the
extension. The geological data other than those set forth in the preceding
paragraph shall be made public by the geological archives or the geological
data storage units within 90 days from the date of submission thereof.
For the geological data that need to be protected, the submitters
shall, when submitting such geological data, go through the registration
formalities with the competent geology and mineral resources departments
that are responsible for accepting such geological data. The period
of protection shall not exceed five years from the date of the registration.
For the geological data that need to extend the period of protection,
the submitters shall go through the extension formalities with the
original registration organs within 30 days prior to the expiry of
the period of protection. The period of the extension shall not exceed
five years. The geological data under protection shall be made public
by the geological archives or the geological data storage units within
30 days from the expiry of the period of protection.
Article 16 The protection, publication and use of the geological data
involving State secrets or copyright shall be subject to the relevant
provisions of the laws on guarding State secrets and copyright laws.
Article 17 For the geological data within the period of protection,
only the catalogue thereof shall be made public. However, if the submitters
of geological data agree to make their geological data public in advance,
the geological data submitted shall be made public by the geological
archives or the geological data storage units from the date when the
submitters agree to do so.
Article 18 The geological data within the period of protection may
be used with 6 payment, and the way of payment shall be determined
through consultation between the users and the submitters of geological
data. However, within the period of protection, the use of the geological
data obtained from the prospecting and exploitation funded by the
State shall be subject to the provisions of the competent geology
and mineral resources department of the State Council.
For the needs of public interests such as disaster relief, the government
and its relevant departments may use the geological data within the
period of protection gratis.
Article 19 The users of geological data shall use geological data
in accordance with the provisions and shall not damage or lose them.
The geological archives and the geological data storage units shall
manage the geological data in accordance with the provisions and shall
not illegally reveal or provide for use of the geological data within
the period of protection or withhold the geological data that have
been made public.
Chapter IV Legal Liability
Article 20 Where any submitter of geological data fails to submit
relevant geological data within the time limit specified in these
Regulations, the competent geology and mineral resources department
that is responsible for accepting the geological data shall order
it to submit the geological data within a specified time limit; those
submitters who fail to do so shall be fined not less than 10,000 yuan
but not more than 50,000 yuan and the matter shall be made known in
an official circulation. From the date when such circulation is issued
to the date when the geological data are completely submitted, the
submitters shall not apply for new exploration or mining rights, nor
undertake any geological project funded by the State.
Article 21 Where any submitter of geological data forges geological
data or practices fraud when submitting geological data, the competent
geology and mineral resources department that is responsible for accepting
geological data shall confiscate 7 or destroy the geological data
concerned, order it to make corrections in a specified time limit
and impose a fine of 100,000 yuan; where such submitter fails to make
corrections in the specified time limit, the said department shall
inform the organ that issue the exploration or mining license to revoke
its license, or revoke its qualifications for undertaking the geological
projects. Such submitter shall not, within 2 years from the date when
the punishment decision enters into force, apply for new
exploration or mining rights, nor undertake any geological project
funded by the State.
Article 22 Where the competent geology and mineral resources departments,
the geological archives or the geological data storage units commit
one of the following acts in violation of these Regulations, the persons
directly in charge and other directly
responsible persons shall be given administrative sanctions according
to law; those who cause losses shall compensate for such losses according
to law:
(1) illegally revealing or providing for use of the geological data
within the protection period;
(2) withholding the geological data or restraining others from consulting
or using the geological data that have been made public; or
(3) failing to manage the geological data in accordance with the provisions,
thus resulting in damage to or loss of the geological data.
The users of geological data who damage or lose the geological data
shall compensate therefor according to law.
Article 23 Those who illegally reveal and provide for use of confidential
geological data shall be punished in accordance with the provisions
of the laws on guarding State secrets.
Chapter V Supplementary Provisions
Article 24 The geological data that shall be submitted by the submitters
in accordance with the provisions but have not been submitted prior
to the entry into force of these Regulations shall, after being checked
by the competent geology and 8 mineral resources department of the
State Council, be submitted, stored and provided
for use in accordance with these Regulations.
Article 25 The submission of the geological data that are obtained
in the geological work funded by the State outside the territory of
the People¡¯s Republic of China and other sea areas under China¡¯s jurisdiction
shall be conducted in accordance with these Regulations.
Article 26 These Regulations shall be effective as of July 1, 2002.
The Measures for Administration on Submission of Geological Data Throughout
the Country approved by the State Council and promulgated by the former
Ministry of Geology and Mineral Resources on May 20, 1988 shall be
repealed simultaneously. Appendix Range of Geological Data That Shall
Be Submitted
(1) the data of regional geological surveys, including the data of
regional geological surveys at various scales.
(2) the geological data of mineral resources, including the geological
data of the prospecting and exploration of mineral resources, exploitation
and exploration of mines and closure of mines.
(3) the geological data of oil, natural gas and coal-bed methane,
including the geological data obtained in the stages of evaluation,
geological prospecting and exploitation of oil, natural gas and coal-bed
methane resources.
(4) marine geological data, including the geological data of mrine
(including pelagic) surveys of geology and mineral resources, topography
and landform surveys, seabed geological surveys, hydrogeological surveys,
engineering geological surveys, environmental geological surveys,
geophysical surveys, geochemical surveys and
marine drillings (completed wells).
(5) the geological data of hydrogeology and engineering geology, including:
(i) the geological data of hydrogeological and engineering geological
surveys, evaluation of underground water and dynamic monitoring of
underground water within the areas where the land is remedied and
planed or within other regions; 9
(ii) the geological data from prospecting major water supply sources
for large and medium-sized cities, major bases of energy and industry,
and the farmland (pastoral areas) at or above the county (banner)
level;
(iii) the geological data of the hydrogeological and engineering geological
prospecting for the key engineering construction projects of the State
such as arterial railways under complex geological conditions, large
and medium-sized reservoirs and dams, large-scale hydroelectric plants,
thermal power plants, nuclear power plants,
pumped water storage power plants, underground storages and caves
(rooms) of key projects, huge railway and highway bridges across major
rivers, underground railways and long tunnels of more than six kilometers
in length, large and medium-sized harbours, docks and navigable construction
projects;
(iv) the independently compiled hydrogeological and engineering geological
data for mining districts, the thematic hydrogeological data such
as those of underground thermal water and mineral water and the geological
data of karst geology;
(v) the data of important small-scale hydrogeological and engineering
geological prospecting and exploration.
(6) the geological data of environmental and disaster geology, including:
(i) the geological data of hydrogeological surveys for the domain
of
underground water pollution, artificial recharge of underground water,
ambient background values of the underground water and areas of endemic
diseases;
(ii) the geological data of geological hazards surveys such as ground
subsidence, ground collapse, ground cracking, landslide collapse and
mud-rock flow;
(iii) the thematic geological survey data of the change of geological
environment resulted from construction projects and the geological
surveys and evaluation data of environmental geology in major construction
projects and economic zones;
(iv)the monitoring data of the geological environment;
(v) the prospecting data of the prevention and remediation of geological
hazards.
(7)the seismogeological data, including the data of natural seismogeological
surveys, macroscopic seismic surveys and surveys of the seismic intensity.
(8) the geological data of geophysics, geochemistry and remote sensing,
including the geological data of regional geophysical and geochemical
surveys, the geological data of geophysical and geochemical reconnaissance
and detailed exploration, the geological data of remote sensing, and
the geological data of the geophysical and geochemical surveys related
to major economic development zones,
key engineering projects, as well as to the hydrogeological, engineering
geological
and environmental geological work in large and medium-sized cities.
(9) the scientific research achievements and comprehensive analytical
data of geology and mineral resources, including:
(i) various conclusive scientific research achievements and various
regional maps of geology and mineral resources that have been registered
at the State and provincial levels;
(ii) the data compilation of mineral occurrences, reserve balance-sheets,
division of metallogenetic prospects, prediction of the total mineral
resources, analysis of the mineral resources and the comprehensive
data such as the documental history of geology and mineral resources.
(10) the geological data of thematic geological research, including
the geological data of tourism geology, agricultural geology, astrogeology,
deep geology, volcanic geology, Quaternary geology, neotectonic movement,
glacial geology,
loessial geology, permafrost geology as well as soil and marsh surveys
and polar geology.
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