Transfer of Wuyishan Hotel

In July 2002, the Land and Resources Bureau of Wuyishan City, Fujian Province received a report that Guangong Village had illegally contracted a village-run gravel yard, and immediately sent personnel to the scene for investigation. Upon investigation, the sand and gravel yard opened by Guan Gong Village has obtained the mining license according to law, and the mining mineral is sand and gravel, and the mining license is valid until 200 1, 12, 3 1. On June 5438+ 10, 2002, the village committee applied to Wuyishan Land and Resources Bureau for renewing the mining license of the gravel yard. According to the relevant regulations, the Municipal Bureau of Land and Resources did not approve its application for extension of mining rights. In this case, the village conducted an open tender for the gravel yard without authorization. A villager won the bid with the annual contract amount of 15 1 10,000 yuan, and then organized personnel to mine it. By the time the case was investigated, the mine volume was 4,000 cubic meters.

According to the investigation by the Municipal Bureau of Land and Resources, the behavior of Guan Gong Village Committee violated the provisions of the first paragraph of Article 3 of the Mineral Resources Law, and it was an illegal transfer of mineral resources. After receiving the notice of administrative punishment, the village said that the punishment was too heavy to accept, and the sand was the property of the village. It is not illegal for the village Committee to contract sand and gravel, but the mining procedures are not handled in time. In view of this understanding, the Municipal Bureau of Land and Resources specially sent people to the village to publicize and educate the mineral resources law. Through repeated publicity and education, especially at the hearing, the staff carried out systematic publicity and education from legal procedures, legal basis, legal responsibilities and other aspects, so that the village Committee realized the illegal behavior and its legal responsibilities.

In September 2002, according to the laws and regulations on mineral resources, the Municipal Bureau of Land and Resources imposed an administrative penalty on the illegal behavior of Guangong Village: confiscation of illegal income of 1.076705 million yuan and a fine of 3,000 yuan.

Analysis of this case is a case of illegal transfer of mineral resources in the form of contracting.

This case involves the identification of illegal transfer of mineral resources in the form of contracts. Illegal transfer of mining rights and illegal transfer of mineral resources are two different concepts. The illegal transfer of mining rights is characterized by the violation of Article 3 of the Administrative Measures for the Transfer of Prospecting and Mining Rights, such as "approval according to law", and the transfer of mining rights by the mining rights owner after obtaining the mining rights according to law. According to this regulation, the subject of illegal transfer of mining rights must be the mining right holder who has obtained mining rights according to law. Illegal transfer of mineral resources means that the actor transfers the mineral resources owned by the state to others without authorization, and the illegal subject is not limited to whether or not to obtain mining rights.

In this case, the original mining license of the gravel yard run by Guangong Village is valid until February 5438+0+65438+3 1 2006. After the license expires, although the village Committee has applied for renewal, the Municipal Bureau of Land and Resources will not approve it according to the relevant regulations. In this case, the village conducted public bidding for the gravel yard without authorization, and a villager won the bid with the annual contract amount of 15 10000 yuan, and then organized personnel to mine it. In this case, it should be emphasized that the mining license is automatically revoked and regarded as undocumented. Transfer without mining license should be illegal transfer of mineral resources rather than illegal transfer of mining rights. Article 42 of the Mineral Resources Law stipulates: "Whoever buys, sells, leases or transfers mineral resources in other forms shall have his illegal income confiscated and be fined." According to the above provisions, the administrative department of land and resources made an administrative punishment decision of confiscating illegal income and imposing a fine, and the applicable law was correct.

In the process of investigating this case, law enforcement officers personally publicized the laws and regulations to the administrative counterpart, listened to the statements and explanations of the administrative counterpart, expounded the seriousness of the laws and regulations on land and resources, earnestly carried out persuasion education, and strengthened the communication between the administrative organ and the administrative counterpart, which produced positive results and was an important basis for ensuring the timely implementation and closing of administrative punishment cases, which should be affirmed.

In addition, it should be noted that the villagers who contracted the gravel yard in this village carried out mining activities, which were unauthorized mining and constituted unlicensed mining, and should also be punished according to law.