Article 1 In order to strengthen the work of land reclamation in the coal industry of China Shenhua Energy Co., Ltd. (hereinafter referred to as "the Company"), to make reasonable use of land resources, improve the ecological environment, ensure the effective implementation of land reclamation, and implement the basic national policy of "highly cherishing, reasonably using land and effectively protecting arable land", these Measures are formulated in accordance with the Land Administration Law of the People's Republic of China, Land Reclamation Regulations, Measures for the Implementation of the Land Reclamation Regulations and other laws and regulations, as well as the relevant provisions of the Company, in combination with the actual conditions of the Company.
Article 2 Land reclamation in the coal industry referred to in these Measures means taking remediation measures for lands damaged due to excavation, subsidence, pressure occupation, etc., during the process of coal production and mine construction, and restore them to a usable state.
Article 3 The obligor of land reclamation shall be determined according to the principle of "those who cause damage bear the responsibility for reclamation", and is responsible for the relevant work of land reclamation. In carrying out land reclamation, the principles of scientific planning, adaptation to local conditions, comprehensive treatment, economic feasibility, and rational use should be adhered to, while the social, economic, and ecological benefits of the land use after reclamation should be considered in a comprehensive manner.
Article 4 These Measures are applicable to the branches, wholly-owned subsidiaries, and controlled subsidiaries of the Company (hereinafter collectively referred to as "subsidiaries"). Anyone involved in land reclamation and land reclamation management within the Company should comply with these Measures.
Article 5 The Company's Coal Business Management Department is in charge of land reclamation in the coal industry, and is responsible for providing business guidance and conducting supervision and inspection on the implementation of land reclamation in the coal industry.
Article 6 Subsidiaries are responsible for organizing and implementing the Company's land reclamation work in the coal industry, and should regularly report the reclamation, monitoring, supervision, and other situations to the ecological and environmental protection supervision system according to the requirements of the Company.
Each subsidiary is responsible for the management of the Mine Geological Environment Protection and Land Reclamation Fund. They should define the methods for using and managing the reclamation fund in accordance with the requirements of the local competent authorities, which includes aspects such as fund budgeting, fund investment, cost pre-storage, usage, return, and management. They should also establish annual reclamation work goals, work plans, and fund investment plans.
Each subsidiary should inspect whether their annual reclamation plan is completed, whether the land reclamation funds have been fully invested, whether the Scheme for Mine Geological Environment Protection and Land Reclamation (hereinafter referred to as the "Scheme") is within its validity period, and whether the implementation and monitoring of land reclamation are carried out in accordance with the Scheme.
Article 7 The coal mines owned by each subsidiary are the primary entities responsible for land reclamation work in the coal industry and should conduct land reclamation work as required. They should prepare the Scheme, submit it for review to the department of natural resources, and establish annual land reclamation plans and engineering project design scheme. They should carry out land reclamation work independently or commission it to third-party agencies, in accordance with the Scheme and project engineering requirements. They are also required to regularly archive or report the progress of reclamation and rectification to the subsidiary as required.
Article 8 Each subsidiary should establish a land reclamation quality control system, abide by land reclamation standards and environmental protection standards, protect soil quality and the ecological environment, and avoid soil and groundwater pollution.
Article 9 The scope of land reclamation in the coal industry includes: lands damaged on the surface during the process of open-pit coal mining; land that has experienced subsidence during the process of underground coal mining; lands occupied by the stacking of solid waste during the mining production process.
Article 10 Land reclamation should abide by the following principles: determine the purpose of land use after reclamation based on industrial planning and regional land use planning, as well as the local conditions; plan land reclamation in unity with production and construction, and implement it in stages; use land efficiently and intensively during production and construction activities, not occupy or occupy less arable land; take effective measures for legally occupied land to reduce the area and degree of land damage; achieve a unity of the economic, social, and ecological benefits.
Article 11 The design plan for the land reclamation project should include the following: area and quality of the land used, area, type, and degree of damage to the land; design of reclamation process and measures; budget for reclamation; deadline and requirements for completing reclamation; description of land use after reclamation and acceptance deadline.
Article 12 Land reclamation measures include engineering technical measures, biological measures, monitoring, management and protection measures, or a combination of different measures.
Article 13 Waste generated during the production and construction should be fully utilized in land reclamation, and scientific methods should be adopted to prevent new pollution.
Article 14 The use of heavy metal pollutants or other toxic and harmful substances as backfill or infill materials is prohibited in land reclamation. Land that has been contaminated by heavy metal pollutants or other toxic and harmful substances should not be used for growing edible crops if it fails to meet the relevant national standards after reclamation.
Article 15 After the completion of a land reclamation project, the coal mines owned by each subsidiary should promptly organize the completion acceptance.
Article 16 The primary contents for acceptance include: inspecting the quality of land reclamation engineering, verifying whether the land reclamation engineering has the conditions to be put into normal operation and fulfill the design functions, verifying whether the reclamation indicators meet the TD/T 1036-2013 and design indicator requirements; inspecting the land reclamation acceptance survey report, final cost report for land reclamation, and land reclamation site image data, verifying the completeness and compliance of the acceptance documents for land reclamation projects; verifying the confirmation status of the land reclamation area, land ownership adjustment situation; verifying the use and management of land reclamation costs; inspecting the management of the organization and the execution of the system in relation to land reclamation.
Article 17 Each subsidiary's affiliated coal mines should maintain full control over the scale and degree of land damage due to production and construction activities, the engineering quality and effects during the reclamation process. They should implement management and protection measures for the reclaimed land that has passed the acceptance check to ensure the successful outcome of the land reclamation.
Article 18 If the ownership and usage of the land change after reclamation, the relevant land registration procedures should be handled according to the law.
Article 19 When the mining rights or land use rights are legally transferred, the obligation of land reclamation is transferred simultaneously. The prepaid costs and unfulfilled obligations of land reclamation shall be stipulated in the transfer contract by both parties. If there is no agreement between the parties, the new reclamation obligor should undertake the reclamation obligation as stipulated.
Article 20 The Company is responsible for supervising and inspecting the overall work of land reclamation of the subsidiaries.
Article 21 The subsidiaries are responsible for supervising and assessing the data audit of the coal mine ecological environment monitoring system, the implementation of the Scheme, land reclamation engineering, the use of funds, and so on.
Article 22 The subsidiaries and their affiliated coal mines are responsible for the statistical and reporting work related to land reclamation information, clarifying the leaders in charge, functional departments, and the persons responsible for information statistics and submission; completing all tasks of land reclamation information statistics and surveys, filling in statistical forms and summary analysis reports in a timely, accurate, and complete manner, and submitting them to the Company's Coal Business Management Department as required.
Article 23 In the process of the land reclamation in the coal industry, the legal responsibilities should adhere to the relevant provisions of the Land Administration Law of the People's Republic of China, Land Reclamation Regulations, Measures for the Implementation of the Land Reclamation Regulations.
Article 24 The Company's Coal Business Management Department is responsible for the interpretation of these Measures and organization of revisions to them.
Article 25 These Measures are implemented from the date of issuance.
