A trial of the unified right confirmation and regi

Affect every miner! The measures for the unified confirmation and registration of natural resources (Trial) was issued

on the morning of December 23, the Ministry of land and resources held a press conference and issued the measures for the unified confirmation and registration of natural resources (Trial)

the measures for the unified confirmation and registration of natural resources (Trial), the natural resources register and the pilot plan for the unified confirmation and registration of natural resources were studied and formulated by the Ministry of land and resources in conjunction with the Central Compilation office, the Ministry of finance, the Ministry of environmental protection, the Ministry of water resources, the Ministry of agriculture and the Forestry Bureau under the unified deployment of the central government, and were jointly issued and implemented recently

core tips:

1. Standardize the unified right confirmation registration of natural resources, establish a unified right confirmation registration system, promote the legalization of the right confirmation registration of natural resources, and promote the establishment of a natural resource asset property right system with clear ownership, clear rights and responsibilities, and effective supervision

2. Carry out unified right confirmation registration of the ownership of natural resources such as water, forests, mountains, grasslands, wastelands, beaches, and mineral resources with proved reserves, Define the ownership subjects of all kinds of natural resource assets in all land and space, draw a clear line between the ownership of the whole people and collective ownership, draw a clear line between the ownership of the whole people and the exercise of ownership by governments at different levels, and draw a clear line between different collective owners

3. Pilot projects are carried out in seven aspects, and all parts of the pilot area are responsible for water flow, forests, grasslands, wastelands The pilot of unified registration and right confirmation of all elements can be carried out for tidal flats and mineral resources with proved reserves, and each place has its own emphasis

4. Attached at the end of the text are the natural resources register and the pilot scheme for the unified right confirmation registration of natural resources

gtzf [2016] No. 192

People's governments of provinces, autonomous regions and municipalities directly under the central government, relevant ministries and commissions of the State Council, and institutions directly under the State Council:

the measures for the unified right confirmation registration of natural resources (for Trial Implementation) has been examined and approved by the central leading group for comprehensively deepening reform and the State Council. It is hereby printed and distributed to you. Please carefully implement it in combination with the actual situation

on December 20, 2016

measures for the unified right confirmation and registration of natural resources (Trial)

Chapter I General Provisions

Article 1 is to standardize the unified right confirmation and registration of natural resources by implementing the requirements of the decision of the CPC Central Committee on several major issues of comprehensively deepening reform and the notice of the CPC Central Committee and the State Council on printing and distributing the overall plan for the reform of the ecological civilization system (ZF [2015] No. 25) adopted at the Third Plenary Session of the 18th CPC Central Committee, Establish a unified right confirmation and registration system, promote the legalization of the right confirmation and registration of natural resources, and promote the establishment of a property right system of natural resources assets with clear ownership, clear rights and responsibilities, and effective supervision. These measures are formulated in accordance with relevant laws and regulations

Article 2 the State shall establish a unified right confirmation registration system for natural resources that cannot be refueled or cleared

the confirmation and registration of natural resources adhere to the principles of public ownership of resources, legal property rights and unified confirmation and registration

Article 3 the ownership of natural resources such as water, forests, mountains, grasslands, wastelands, beaches and mineral resources with proved reserves shall be uniformly confirmed and registered, the ownership subjects of all kinds of natural resource assets in all national territory and space shall be defined, the boundary between ownership by the whole people and collective ownership shall be drawn, the boundary between ownership by the whole people and the exercise of ownership by governments at different levels shall be drawn, and the boundary between different collective owners shall be drawn, These Measures apply

Article 4 the right confirmation registration of natural resources is based on the real estate registration, and the real estate rights that have been included in the Interim Regulations on real estate registration shall be handled in accordance with the relevant provisions of real estate registration, and there is no need to repeat the registration

if the registration of natural resources confirmation involves the adjustment or restriction of the registered real estate rights, it shall comply with the provisions of laws and regulations and be recorded in the real estate register in a timely manner according to the law

the people's government at or above the provincial level is responsible for the organization of the unified confirmation and registration of natural resources, and the real estate registration institutions at all levels (hereinafter referred to as the registration institutions) are specifically responsible for the registration of natural resources

the confirmation registration of natural resources across administrative regions shall be designated by the registration department of the common people's government at the next higher level

the ownership registration of key state-owned forest areas determined by the State Council shall be handled in accordance with the relevant provisions of real estate registration

Chapter II natural resources register

Article 7 the registration authority shall establish a unified natural resources register in accordance with the provisions of the competent department of land and resources under the State Council (see Annex 1)

real estate rights that have been registered in accordance with the Provisional Regulations on real estate registration should be recorded in the natural resources register, and the connection between the natural resources register and the real estate register should be realized through the real estate unit number and the right subject

the boundary of natural resource registration unit should be well connected with the property right boundary of real estate registration

Article 9 the natural resources register should record the following items: Ji Guangqi, a researcher at the Institute of building fire protection, Chinese Academy of Building Sciences, also pointed out:

(1) the location, spatial scope, area, type, quantity, quality and other natural conditions of natural resources

(II) ownership of natural resources C. measurement method: force value measured by deformation, force value measured by Tongtai height, deformation measured by force value, height subject measured by force value, representative exercise subject and representative exercise right content

(III) restrictions on natural resource use control, ecological protection red line, public control and special protection requirements

(IV) other related matters

Article 10 the attached drawings of the natural resources register include the boundary and area of the natural resources registration scope, the name of the ownership subject, the boundary of the registered real estate rights, the boundary and area of different types of natural resources, and other information

the attached drawings of the natural resources register are based on the land use status survey (natural resources survey) and the relevant maps of the real estate cadastre survey, combined with the results of various natural resources surveys or surveys, and generated through the corresponding field survey work

the register should be in electronic media, and paper media can be used if the conditions are not met temporarily. If electronic media is used, remote backup shall be carried out regularly

Chapter III General procedures of natural resources registration

Article 12 the types of natural resources registration include the first registration and change registration of natural resources

first registration refers to the comprehensive registration of the ownership of all state-owned natural resources in the registration unit within a certain period of time. The ownership of collective land and natural resources that have been registered in the real estate registration will not be re registered

change registration refers to the registration due to changes in the content of the natural resource register such as the type and boundary of natural resources

Article 13 the first registration procedures of natural resources are announcement, investigation, examination, announcement and registration

carry out confirmation registration for the ownership of natural resources owned by the state according to law

Article 14 for the first registration of natural resources, the people's government at or above the county level shall establish a leading group for the unified confirmation and registration of natural resources, organize the relevant resource management departments to formulate the registration work plan, pre plan the registration units, and issue the first registration notice to the society. The main contents of the notice include:

(I) pre division of natural resource registration units

(2) the period of natural resource registration

(III) type and scope of natural resources

(IV) matters requiring the cooperation of relevant subjects such as collective land owners, representatives of natural resource ownership and other matters requiring notification

Article 15 the investigation of natural resources is organized by the local people's government at or above the county level. The competent department of land and resources (real estate registration authority) in conjunction with the relevant resource management departments, taking the results of the land use status survey (natural resources survey) as the base map, combined with the results of various natural resources surveys or surveys, through on-the-spot investigations, find out the types, boundaries, areas, and Quantity and quality, etc., forming natural resources survey maps and relevant survey results

Article 16 the registration authority shall review the contents of the registration according to the results of natural resources investigation and relevant approval documents, in combination with the use control, ecological protection red line, public control and special protection provisions or policy documents of relevant resource management departments, as well as the results of real estate registration

Article 17 the registration authority shall announce the registration items of natural resources at the local government portal and designated places before registration, except those involving state secrets. The announcement period shall not be less than 15 working days. During the announcement period, if the relevant obligee raises an objection to the registration items, the registration authority shall investigate and verify the objection raised

Article 18 If there is no objection or the objection is not tenable at the expiration of the announcement, the registration institution shall record the registered items in the natural resources register

Article 19 in case of any change in the contents of the natural resources register such as the type and boundary of natural resources, the exercising subject of the natural resources ownership representative shall timely entrust and cooperate with the registration authority to handle the change registration with relevant materials

Chapter IV Registration of natural resources such as national parks, nature reserves, wetlands, and water streams

Article 20 where national parks are used as independent natural resource registration units, the registration authority shall formulate a work plan in conjunction with the national park management agency or the competent department of the industry, delimit the boundaries of the registration units, collect and sort out the use control Ecological protection red line, public regulation and special protection regulations or policy documents, and carry out the investigation of various natural resources in the registration unit, and clarify the type, area and ownership nature of various natural resources through confirmation registration

Article 21 If a nature reserve is used as an independent natural resource registration unit, the registration authority shall formulate a work plan with the management organization of the nature reserve or the competent department of the industry, delimit the boundaries of the registration unit according to the results of the land use status survey (natural resource survey) and the approval materials of the nature reserve, and collect and sort out the use control, ecological protection red line, public control and special protection regulations or policy documents, And carry out the investigation of various natural resources in the registration unit, and clarify the type, area and ownership nature of various natural resources through confirmation registration

Article 22 If wetlands are used as independent natural resource registration units, the registration authority shall formulate a work plan with wetland management agencies, water conservancy, agriculture and other departments, and delimit the boundaries of registration units for internationally important wetlands, nationally important wetlands and wetland nature reserves according to the results of land use status survey (natural resource survey) and with reference to wetland census or survey results