The latest coal law may raise the entry threshold

2022-08-18
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The seventh draft of the revised exposure draft of the new coal law is currently under centralized consideration and is expected to be issued before the end of the year

yesterday, the national development and Reform Commission, the Ministry of land and resources and other ministries and commissions gathered in Shunyi, Beijing, to discuss and coordinate the management system, planning system and open access of the coal industry. A person participating in the meeting told China business news yesterday that the new "coal law" will focus on raising the threshold of market access for coal mining; If it is fast, the draft may be submitted to the Legislative Affairs Office of the State Council before the end of September

"this time, we mainly coordinate some terms of the management system." According to the above-mentioned person, because the current "coal law" has a wide range of provisions on the conditions for the establishment of coal mines and the issuance of coal production licenses, "Taiyuan is not very demanding", and the discretion of the management department is too large, which leads to insufficient funds, backward technical equipment and processes, poor safety production conditions Units and individuals lacking environmental protection capabilities have flocked to coal mining "through technological transformation of the industry.

" the market access threshold for coal mining must be raised, so it is impossible to calculate the intensity of twists and turns. " A legal expert who participated in the revision of the coal law said yesterday that there were two concentrated outbreaks of particularly serious malignant coal mine accidents with more than 100 people in Chinese history, the first from March 1960 to March 1961, and the second from October 2004 to the present, and the frequent occurrence of mining accidents is undoubtedly closely related to the current situation of long-term management in the coal industry

the expert said that the current management functions of the coal industry belong to the national development and Reform Commission, the Ministry of land and resources, the State Administration of work safety and the coal regulatory bureau, which is the so-called "Jiulong coal control". Li Yizhong, director of the State Administration of work safety, also said on various occasions that the weakening of industrial safety management and the unsmooth safety supervision system are one of the main reasons for the frequent occurrence of work safety accidents

"this is also the fundamental reason for the country to fully promote the revision of the coal law." According to the expert, because it involves the division of functions of multiple departments, the name of the main law enforcement department of the coal industry in the draft opinion of the new law is also quite painstaking

at present, the relevant ministries and commissions have preliminarily reached an agreement to use the "Coal Administration Department of the State Council" in the old law. The expert said that every law has a main law enforcement department. For example, the main law enforcement department of the mineral resources law is the Ministry of land and resources, and the main law enforcement department of the safety production law is the State Administration of work safety. However, at present, the state does not have a unified department to manage the coal industry, and the management function of the national coal industry is mainly under the national development and Reform Commission. However, in many places, the management function of the coal industry is managed by the coal bureau or the Coal Industry Bureau, "which is not corresponding in function". Therefore, in the new law, the main law enforcement department cannot be directly said to be the development and Reform Commission. However, the new law will not give much space to the contents related to mineral resources planning and work safety supervision to avoid repetition

"the specific introduction time is not certain." The expert pointed out that the revised draft will be submitted to the office of the director of the national development and Reform Commission for discussion again, and then submitted to the Legislative Affairs Office of the State Council. The specific time of introduction may be in September this year, or it may be postponed to the end of the year

however, no matter when the new law is introduced, it is certain that the aspects that are completely untouched or not paid enough attention to in the current coal law, such as coal resource exploration planning, coal safety production, coal mine environmental protection and coal mine scrapping and conversion, will be reflected in the new law

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