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Which department is in charge of mining

Publish: 2021-04-27 15:25:15
1. First of all, in accordance with Article 39 of the mineral resources law, those who mine illegally and without authorization shall be ordered by the land and resources administration department to stop mining, compensate for losses, confiscate the mined mineral procts and illegal income, and may also be fined; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the provisions of Article 156 of the criminal law. Reaching the standard constitutes the crime of illegal mining. The specific term of imprisonment is calculated according to the appraisal losses caused to mineral resources
generally speaking, local governments organize relevant departments (such as land, public security, safety supervision, environmental protection and other departments) to carry out joint actions. We will severely crack down on illegal activities such as exploration and mining without certificates. Local people's governments at all levels should concentrate their efforts on cracking down on illegal activities of exploration and exploitation of mineral resources without certificates within their respective administrative areas
1. The public security department shall not approve the purchase and use of civil blasting equipment, the electric power department shall not supply power, the instrial and commercial department shall not issue business license, the safety supervision department shall not issue safety proction license, and the competent department of land and resources shall order it to stop mining and confiscate the mined mineral procts and illegal income, And impose a heavier fine
2. In case of mining with an exploration license or if the mining type is inconsistent with the mining license, the competent department of land and resources shall order it to stop the illegal act and punish it as mining without a license. In case of refusing to make corrections, the exploration license or mining license and other licenses shall be revoked according to law
3. Mining without authorization ring the period of stop proction and rectification shall be seriously investigated and punished by the Department that decides to stop proction and rectification.
2.

It can be reported to the local land and resources administration department or the Department in charge of Geology and mineral resources

The mineral resources law of the people's Republic of China stipulates: Article 3 mineral resources belong to the state, and the State Council shall exercise the state ownership of mineral resources

The state ownership of surface or underground mineral resources does not change with the ownership or use right of the land they are attached to. The state guarantees the rational development and utilization of mineral resources

it is forbidden for any organization or indivial to occupy or destroy mineral resources by any means

People's governments at all levels must strengthen the protection of mineral resources

to explore and exploit mineral resources, it is necessary to apply for and obtain the exploration right and mining right respectively according to law, and register them; However, mining enterprises that have applied for mining rights according to law are excluded from the exploration carried out for their own proction within the designated mining area

the state protects the exploration right and mining right from infringement, and protects the proction order and work order of mining areas and exploration areas from being affected and damaged. Those engaged in the exploration and exploitation of mineral resources must meet the prescribed qualifications

extended data

according to Article 3 of 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, the implementation of illegal mining has one of the following circumstances, (1) the value of the mined mineral procts or the value causing damage to the mineral resources is more than 100000 yuan to 300000 yuan

(2) mining in a state planned mining area or a mining area of great value to the national economy, mining a specific type of mineral for which protective mining is prescribed by the state, or mining in a prohibited mining area or period, with the value of the mined mineral procts or causing damage to mineral resources ranging from 50000 yuan to 150000 yuan or more

(3) having received more than two administrative punishments for illegal mining within two years, and then carrying out illegal mining activities

(4) causing serious damage to the ecological environment

(5) other serious circumstances

3. Land and resources, safety supervision and environmental protection
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5. The supervision of illegal mining belongs to the coal safety bureau
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7. Under the jurisdiction of the local safety supervision bureau, the punishment depends on the degree.
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9. Illegal occupation of cultivated land for mining is an act in violation of the land administration law, which shall be ordered by the land administrative department of the people's government at or above the county level to rectify or control within a time limit and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law< Article 66 the land administrative departments of the people's governments at or above the county level shall supervise and inspect the violations of the land administrative laws and regulations
land management supervisors and inspectors should be familiar with land management laws and regulations, be loyal to their ties and enforce the law impartially< Article 67 when performing their ties of supervision and inspection, the land administrative departments of the people's governments at or above the county level have the right to take the following measures:
(1) to require the units or indivials under inspection to provide documents and information on land rights, (2) require the inspected unit or indivial to explain the issues related to land rights; (3) enter the site of land illegally occupied by the inspected unit or indivial for investigation
(4) order the units or indivials that illegally occupy land to stop violating the land management laws and regulations< Article 74 Whoever, in violation of the provisions of this law, occupies cultivated land to build kilns or graves, or builds houses, digs sand, quarries, mines or takes soil on cultivated land without authorization, thus damaging the conditions for planting, or causes desertification or salinization of land e to land development, shall be ordered by the land administrative department of the people's government at or above the county level to make corrections or control within a time limit and may also be fined; If a crime is constituted, criminal responsibility shall be investigated according to law.
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