The change of prospecting mineral is the change of exploration right, which is the legal obligation of the prospecting right person, and if it fails to handle the change registration in accordance with the law, it shall bear the corresponding legal responsibility. However, in practice, there is a need to change the prospecting mineral needs to be re sold, especially after the change of mineral exploration, is a higher land and Resources Department issued a permit for exploration.
To solve the "change of mineral prospecting grant program is to go" exploration, need to clearly define the legal nature of the legal nature of "change of mineral species" and the legal obligations, prospecting grant, and the relationship between change of mineral species and prospecting transfer.
The prospecting refers to changes during the exploration of the existence, due to certain legal reasons, caused by the change of relevant contents of the exploration right, the application made by the licensee of the prospecting rights approved by the registration authority for registration, and change the prospecting activities of the corresponding content. According to the "measures area registration administration of mineral resources exploration" (State Council Decree No. 240th) provisions of article twenty-second: "any of the following circumstances, the prospecting should be in the period of validity of the exploration license, apply for registration to the registration authority:...... (two) changing the object of investigation;......"
According to the provisions of the mineral resources law, "changing the prospecting minerals" is the legal obligation of the prospecting rights.
First of all, the prospectors have the legal obligation of comprehensive exploration and evaluation.
The existing "mineral resources law" article twenty-fourth and the provisions of article twenty-fifth, "mineral resources survey" and "prospecting" should (must) on the "symbiotic or associated minerals" and "make a preliminary evaluation and comprehensive evaluation". The detailed rules for the implementation of the mineral resources law (No. 152nd of the State Council Order No. seventeenth) states that "the prospecting rights shall perform the following obligations:...... (four) at the same time, the comprehensive exploration and comprehensive evaluation of the paragenetic and associated mineral resources......".
Secondly, the exploration of the "exploration of mineral changes" have the initiative to apply for registration of changes in the statutory obligations.
"Area registration administration of mineral resources exploration" (State Council Decree No. 240th) the provisions of article twenty-second, "change the object exploration", "prospecting should be in the period of validity of the exploration license, apply for registration to the registration authority." Notice of the Ministry of land and resources "on further regulating the prospecting management" (made 2009 No. 200) - (twelve) a change in the management of mineral exploration rules, also clearly expressed by "prospecting for alteration mineral species", namely, apply for registration of change is the main body of original prospecting.
Secondly, for prospecting "change object exploration" and "not for the exploration permit registration of change", "exploration of mineral resources registration and management measures" block thirtieth "and the Ministry of land and resources on issues related to further standardize the prospecting management notice" (made 2009 (No. 200) Article Seventeen) are the provisions of the specific legal responsibility, namely "by the registration administration organ shall be ordered to make corrections within a time limit; if it fails to do so, the original issuing authority shall revoke the exploration license. Where a license for the exploration is revoked, it shall not apply for a new prospecting right within 6 months from the date of revocation, and shall cancel its qualification to participate in the bidding, auction or listing of the prospecting right."
In order to prevent some prospecting for minerals in the name of high risk, low threshold for prospecting, mineral exploration and change, low risk of minerals "," Notice of the Ministry of land and resources on issues related to further standardize the prospecting management "(made 2009 No. 200) - (twelve) the provisions of the mineral exploration the risk classification management, namely" prospecting and exploration for alteration minerals, shall be submitted to the exploration of new mineral geological exploration report found that in the process of. If a low risk type of mineral is changed into a high risk type of mineral, or a change in a low risk category of mineral substance, the application for registration of change may be applied in accordance with the law.
If the change from high risk for low risk mineral mineral, change is not allowed in principle, that is in the process of exploration, the registration authority at or above the provincial level experts organization and social publicity, can be allowed to change the mineral species, but need to pay the right price prospecting evaluation. In case the change of mineral exploration involves any other state restriction or prohibition of exploration and exploitation, such provisions shall prevail. For uranium exploration rights in principle may not apply for the exploration of mineral exploration. Where any other mineral is found in the course of exploration, it shall conduct a comprehensive exploration, and submit the corresponding exploration report to the registration administration organ, and its prospecting right shall be disposed in accordance with the relevant provisions of the state."
"Area registration administration of mineral resources exploration" (State Council Decree No. 240th) the provisions of article twenty-second, "(two) to change the object exploration", namely "the change of mineral species, prospecting and exploration permit shall be in the validity period, to the registration authority to apply for registration of change, which is not a mineral species change rules the issuing to the higher authorities for examination and approval according to the procedures of the other. The authority to issue warrants is the internal management of the registration authority, and it does not affect the right of the prospecting owner to change the prospecting minerals under the condition of obtaining the prospecting rights.
The "Interim Provisions of the management of the transfer of mining right transfer" (made 2000 No. 309) article third: "prospecting and mining rights as property rights, collectively referred to as mining rights, suitable for real estate adjustment principles of laws and regulations. The mining right holder shall enjoy the right of mining right according to law