People’s governments at the local and municipal levels, departments and institutions directly under the provincial government:
In recent years, the demand for building stone materials in our province has continued to be strong, the price has been rising, and the contradiction between supply and demand of building stone resources has become increasingly prominent, which has affected the construction progress of some key projects. In order to further strengthen the development and utilization of building stone resources in our province, and effectively improve the ability to guarantee building stone resources, with the consent of the provincial people’s government, the relevant matters are hereby notified as follows:
First, attach great importance to and correctly understand the significance of doing a good job in ensuring building stone resources.
Building stone resources are important state-owned natural resources and strategic resources, which play an important role in supporting and ensuring infrastructure construction and economic and social development. All localities and relevant departments should adhere to the guidance of the Supreme Leader’s Socialism with Chinese characteristics Thought in the new era, fully implement the spirit of the 19th National Congress of the Communist Party of China and the Second, Third and Fourth Plenary Sessions of the 19th Central Committee, thoroughly implement the spirit of the important speech and instructions given by the General Secretary of the Supreme Leader to Guangdong, implement the Supreme Leader’s ecological civilization thought, adhere to the ecological priority, and adhere to the green development concept of "developing while protecting". Make overall plans to promote ecological environment protection and rational and effective development and utilization of resources, give full play to the decisive role of the market in resource allocation, better play the role of the government, improve government regulation and supervision, increase the supply of building stone resources according to laws and regulations, stabilize market supply, maintain market order, and provide solid and powerful resource guarantee for the economic and social development of our province.
Two, planning guidance, scientific and rational layout of building stone resources mining areas and mining rights.
(1) Strengthen planning guidance. All localities should take the land space planning and mineral resources planning as the guide, follow the idea of "overall planning, rational layout, adjusting measures to local conditions, and industrial agglomeration", and comprehensively consider factors such as resource endowment, market demand, transportation, environmental bearing, land development, ecological restoration, engineering project construction, etc., and scientifically and rationally lay out building stone resources mining areas.
(2) Optimize the allocation of indicators in quarries around the country. Maintain the total control index of 1150 quarries in the province unchanged, and optimize and adjust the indicators of various places. In the future, it will be dynamically adjusted according to the development and utilization of resources in various places and the overall planning of mineral resources in our province. All localities should make full use of the quarry indicators issued to ensure adequate supply of building stone resources.
(3) Defining the task of building stone production capacity of building gravel. According to the total production capacity requirement of 300 million cubic meters (cubic meters) of building rubble in the province, the annual production capacity task of listing at all levels is refined (see the annex for details). All localities should ensure that the output is achieved as scheduled according to the task requirements before the end of 2022, and then according to the principle of annual total balance, the production capacity withdrawn due to resource exhaustion or policy closure of quarries will be supplemented with new mining rights in time.
(four) the construction of a number of building stone production bases. All localities should build a number of large-scale building stone production bases in accordance with the requirements of industrial agglomeration, scale, intensification and green development. Guangzhou, Zhuhai, Shaoguan, Heyuan, Huizhou, Jiangmen, Yangjiang, Zhaoqing, Qingyuan, Yunfu and other cities should focus on building a number of super-large building stone production bases with reserves of more than 100 million cubic meters.
(five) synchronous planning mechanism sand production capacity. Form an industrial system integrating building stone mining and machine-made sand production, and strengthen the guarantee of machine-made sand resources by supporting the production capacity of machine-made sand with building gravel mining rights. Encourage building stone mining rights holders to simultaneously support more than 20% of the machine-made sand production capacity according to the building gravel production capacity. Support and encourage existing quarries to add machine-made sand production lines.
Third, take multiple measures to comprehensively improve the ability to guarantee building stone resources.
(a) to strengthen the implementation of the transfer plan. When formulating the annual transfer plan of mining rights, all localities should take the mining rights of building stones as the focus of transfer, and those that have not been included in the annual transfer plan can be supplemented according to actual needs. Once the transfer plan is formulated, the mining right should be put into use quickly and effectively. If the government has requisitioned (leased) land or the land owner (user, lessee) applies voluntarily, it will be given priority in the transfer plan.
(two) the implementation of "net mine" transfer. All localities should actively promote the transfer of net mining rights with clear resource reserves, clear land ownership in mining areas, land disposal in place and in line with relevant access conditions, and shall not set illegal access conditions without authorization. Before formulating or implementing the mining right transfer plan, the local people’s government at the county level should organize relevant functional departments and people’s governments at the township level to conduct joint field survey on the proposed mining right, fully demonstrate the access conditions involved in land space planning, mineral resources planning, ecological environmental protection, soil and water conservation, safe production, use of forest land and so on, and scientifically avoid ecological protection red lines and nature reserves. The review opinions signed by the relevant departments should be clear whether they agree to set the mining right; Do not agree with the establishment, it should be clearly stated on the basis of laws, regulations and policies. The review opinions signed by the relevant departments shall be used as the basis for formulating or implementing the mining right transfer plan. If the net mining right is transferred by auction or listing, the starting price of transfer can be calculated based on the market benchmark price of mining right transfer income under the premise of ensuring competitiveness.
(three) to support the reuse of surplus and adjacent resources in existing quarries. For quarries that have been closed, abandoned or lost in mining rights and existing quarries whose resources in mining licenses are on the verge of exhaustion, if there are still resources in the original mining area and adjacent areas of mining industrial sites, support and encourage the re-transfer of mining rights by means of bidding, auction and listing according to laws and regulations, and promote the scientific, reasonable and safe reuse of resources. For the existing land use right holder (contractor) or the existing quarry mining right holder in the mining area and mining industrial site to be transferred, a written commitment or agreement should be obtained from the relevant right holder to agree to dispose of or transfer the relevant assets, assist in handling the relevant transfer procedures, hand over the site within a limited time, and actively cooperate with the transfer of mining rights.
(4) Introducing the disposal method of "asset package". In order to ensure the smooth implementation of the transfer of net mining rights and safeguard the legitimate rights and interests of relevant rights holders, the expenses related to obtaining the right to use land (forest land) from the original rights holders can be included as additional expenses in the "mining rights transfer asset package". If the existing quarry surplus and adjacent resources are used to re-transfer mining rights, under the premise of ensuring fairness, justice and openness, the original mining rights surplus resource reserves, land (forest land) use fees, surplus value of production and living facilities (production systems and mining equipment) can be merged into the "mining rights transfer asset package" after evaluation by a third-party asset appraisal agency. "Mining right transfer asset package" is paid directly to the original obligee by the bidder of mining right. Involving government non-tax revenue, it shall be handled in accordance with relevant regulations.
(5) Explore the development mode of "overall planning of mine and land, mine first and land later". Overall consideration and integrated planning of building stone resources development and utilization and land development and utilization. If the land within the scope of the land use right to be transferred needs land development and leveling, and building stone resources are excavated and meet the conditions for transferring mining rights, it is encouraged to set mining rights first and then transfer the state-owned land use right. Specifically, it can be realized by supporting and encouraging the overall development and leveling of the mountain to be leveled into construction land, and after the underground excavation, it will be used as a residual mud and muck landfill or built into a mine landscape park. If the above-mentioned building stone resources development and utilization mode is adopted and conforms to the national spatial planning, the relevant technical plan report should be prepared in a targeted manner according to the needs of land development and utilization in the later period, and the relevant land use procedures should be handled as a whole according to law; When transferring mining rights, it is necessary to specify the mining completion period and the terms of withdrawing from the site within a time limit in the mining rights transfer contract. Involving new construction land, the required land use planning indicators are given priority by cities and counties, and the province will give preferential support in combination with land use planning management policies.
(6) Encourage the comprehensive utilization of resources. On the premise of ensuring the comprehensive recovery and utilization of resources, existing solid mines can use their tailings resources and the waste rocks and waste soil inevitably produced according to the mining mode and mining sequence stipulated in the development and utilization plan to produce building rubble and machine-made sand within the approved mining area and the validity period of the mining license, and there is no need to collect the proceeds from the transfer of mining rights and handle the mining registration separately. Existing solid metal mines are allowed to mine sand and gravel resources in the form of new minerals and new resource reserves, in addition to mining the approved main minerals within the approved mining area, and the transfer income is calculated and levied according to the principle of high market evaluation price and market benchmark price of mining right transfer income, and the registration of mining right change is handled. Before the transfer of new mining rights in solid mines, all the valuable resources available in the mining area should be included in the verification of reserves, the preparation of development and utilization plans and the evaluation of the transfer income of mining rights.
(seven) to encourage the existing quarry to improve production capacity and timely resumption of production. Support existing quarries to expand production scale and increase production capacity through technical transformation, capacity expansion, upgrading and other measures. Involving the change of mining methods, mining sequence, mining elements, and the development of transportation methods, it is necessary to re-compile the development and utilization plan of mineral resources. For quarries that have been temporarily shut down and rectified, local natural resources, ecological environment, emergency management and other departments should take active actions to guide mining rights holders to implement rectification as soon as possible, and resume production in time after passing the acceptance.
(eight) standardize the management of engineering construction projects and law enforcement confiscation of sand and gravel. For the approved construction project and the restoration project implemented in accordance with the ecological restoration plan in the overall restoration area, except for the self-use of the project, the surplus sand and gravel excavated in the construction scope and during the construction period are allowed to be sold according to the law and regulations, and the sales proceeds are included in the local financial management as the paid use income of other state-owned resources (assets). The relevant law enforcement departments investigate and deal with the confiscated sand and gravel soil, and the people’s governments at or above the county level or their designated administrative departments can openly sell them through the public resource trading platform, and the sales proceeds will be included in the local financial management as confiscated income. Encourage existing mining enterprises and units capable of solving earthwork stacking sites to participate in bidding, and the sales reserve price can be determined with reference to the market benchmark price of mining rights transfer income. Encourage the sale of sand and gravel soil for the production of building gravel and machine-made sand.
(9) Properly handle issues left over from history. Before the issuance of the Notice of the Ministry of Land and Resources on Improving the Management of Examination, Approval and Registration of Mineral Resources Exploitation (No.16 [2017] of the Ministry of Land and Resources) (that is, before December 29, 2017), the original mining right registration authority has issued an approval document agreeing to expand the mining area, or the people’s government at or above the county level has agreed to expand the mining area, and the resources are transferred in stages within the mining area approved by the existing quarry mining license, the mining right can be determined according to the principle that the market evaluation price and the market benchmark price of mining right transfer income are higher.
Four, simple and efficient, and effectively improve the level of examination and approval services.
(a) simplify the application materials for mining rights of building stone resources. When a mining enterprise prepares the application materials for the mining right of building stone resources, it can combine the development and utilization plan of mineral resources, the protection of mine geological environment and the land reclamation plan into the overall plan for the development, utilization and protection of mineral resources; The environmental impact report can be compiled for the sand and gravel soil and stone mining and processing projects that do not involve environmentally sensitive areas.
(2) Effectively improve the efficiency of examination and approval. Natural resources, ecological environment, water conservancy, emergency management, forestry and other departments should further optimize the approval process, compress the approval time limit, change the serial approval to parallel synchronous approval, implement the requirements of "doing it right away, simplifying it and doing it efficiently", and effectively improve the efficiency and service level of approval.
Five, make concerted efforts to form a joint force of development, utilization, protection and supervision.
(1) Strengthen organizational leadership. People’s governments at local and municipal levels should attach great importance to the protection of building stone resources, proceed from the overall situation of ensuring supply and promoting development, earnestly strengthen organizational leadership, dare to take responsibility and take the initiative, take effective measures to promote the implementation of various tasks, effectively improve the supply capacity and management level, and ensure the implementation of various tasks.
(2) Strengthen supervision and management. While ensuring the supply of building stone resources, all localities should strictly implement the requirements of quarrying according to law and ecological quarrying, implement the responsibility of ecological restoration according to the standards of green mine construction, and develop and utilize mineral resources in an orderly manner according to law. All relevant departments should conscientiously perform their duties, strengthen policy linkage, promote industrial upgrading, jointly create an environment conducive to the healthy and sustainable development of the sand and gravel industry, and promote the high-quality development of the industry; It is necessary to strengthen supervision, form a joint effort, severely crack down on illegal mining and illegal mining and environmental pollution, strictly guard against destructive mining, indiscriminate mining and blind expansion of production scale, and urge mining rights holders to strictly do a good job in safety production.
(3) Strengthening the building of a clean government and accountability. All localities and relevant departments should adhere to administration according to law, earnestly enhance the awareness of risk prevention and control of clean government, strictly implement the record system of greeting behavior about intervening in natural resource management, strictly abide by the bottom line of honesty and self-discipline, and consciously accept supervision by the masses and society. All localities and relevant departments will seriously investigate the responsibilities of relevant units and personnel for acts such as abuse of power, dereliction of duty, intervention of leading cadres, failure to implement the main responsibility, failure to take responsibility, buck passing, and ineffective law enforcement supervision in the implementation process. Once verified, all relevant intermediaries suspected of fraud will be included in the blacklist of integrity, and relevant institutions and personnel will be investigated for responsibility according to law.
The building stone resources referred to in this notice include three types of mineral resources, such as building rubble, cement raw materials and decorative stone. The specific types of minerals are determined by the Provincial Department of Natural Resources in accordance with relevant regulations. Other land mining construction sand and ordinary clay minerals shall be implemented with reference. Local listing can be based on the actual situation, in accordance with the provisions of this notice, formulate specific implementation opinions.
This notice shall come into force as of December 1, 2020 and shall be valid for 5 years. The Notice of Guangdong Provincial Department of Land and Resources on Further Strengthening the Management of Quarries (No.71 [2014] of Guangdong Provincial Department of Land and Resources) shall be abolished at the same time. Problems encountered in the implementation of all localities should be reported to the Provincial Department of Natural Resources.
Attachment: Guangdong Province Building Stone Capacity Task Allocation Table
Guangdong Provincial Department of Natural Resources
October 27, 2020
Related Interpretation: Policy Interpretation of Notice of Guangdong Provincial Department of Natural Resources on Strengthening the Protection of Building Stone Resources in Guangdong Province
[Illustration] Notice of Guangdong Provincial Department of Natural Resources on Strengthening the Protection of Building Stone Resources in Guangdong Province
Attachment:
1. Attachment: Guangdong Province Building Stone Capacity Task Allocation Table. pdf