Laws

(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 1These 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 2These 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 3The 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 4Geological 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 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 5The State shall establish an information system for geological data.

Article 6Units 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 7Exploration 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 8The 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 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 9The 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 10The 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 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 11If 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 12The 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 13The 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 14The 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 professional technicians, so as to guarantee the integrity and security of geological data.

Article 15The 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 16The 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 17For 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 18The geological data within the period of protection may be used with 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 19The 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 20Where 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 21Where 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 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 two 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 22Where 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 23Those 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 24The 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 mineral resources department of the State Council, be submitted, stored and provided for use in accordance with these Regulations.

Article 25The 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 26These 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 marine (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;

(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.