1. Background of the formulation and implementation of the Measures
First of all, the formulation and implementation of the "Measures" is an objective requirement for our province to implement the national strategy. The first is to implement the new energy security strategy of General Secretary Xi Jinping’s "Four Revolutions, One Cooperation". Our province has won the first pilot task. It must follow the requirements of the relevant documents issued by the Central Office and the State Council to formulate the "Shanxi Province Coalbed Methane Exploration and Mining Management Method". Second, to ensure the security of my country's energy strategy, it is imperative for our province to steadily increase domestic oil and natural gas production, enhance independent supply capabilities, and promote the increase of coalbed methane reserves and production. The third is to implement the basic national policy of "saving resources and protect the environment" and expand the province's clean energy self-use and export capacity, which is an important support for the fight against pollution in the Beijing-Tianjin-Hebei region.
Secondly, the formulation and implementation of the "Measures" is an objective requirement for our province to promote the leapfrog development of the coalbed methane industry. Our province has great potential for coal-bed methane resources, a good industrial foundation, and close proximity to the Beijing-Tianjin-Hebei market. It has good prospects for building a pillar industry and achieving leapfrog development. However, due to the inadequate matching of CBM management powers and the unsmooth system and mechanism, the two major chronic problems of "the right not to take care of, and the not to see the right to manage" and "circle but not explore" and "occupy but not mine" have existed for a long time. The construction of the main gas field and the construction of the industrial base faltered. Since 2017, the state has successively initiated major reforms such as the oil and natural gas system, the transfer of mining rights, and mineral resources rights and interests, and clarified specific goals and reform paths. If our province is to initially establish a national unconventional gas base in 2022, it is necessary to strengthen the reform and coordination and institutional rigidity at the provincial level, correctly handle the important relationships between oil and gas resource development and mining area ecological protection, government-led promotion and corporate responsibility, and build a concentric relationship. , The new pattern of enterprise-local co-construction, straighten out the system and mechanism of "up and down linkage" and "internal and external coordination" of the coalbed methane industry. It is imperative to issue the "Measures".
Third, the formulation and implementation of the "Measures" is an objective requirement for our province to deepen reforms in the field of natural resources. Since 2016, the former Ministry of Land and Resources has taken the lead in launching a pilot reform of the coal-bed methane mining rights approval system in our department. Although a commission method has been adopted, full trust, full decentralization, and full support, together with the strengthening of the Shanxi Provincial Party Committee and Provincial Government, have made special projects The pilot project has exerted a comprehensive effect and activated the "spring water" of the coalbed methane industry. However, as the pilot program continues to deepen, it is difficult to adapt to the new requirements of resource management and industrial development simply by optimizing the implementation of the existing system. There is an urgent need for independent innovation of the coal-bed methane resource management system and the overall arrangement of the mine forest environment policy. The reform of decentralization, control and service releases new and greater space. The "Measures" were issued at the right time.
2. The drafting process of the Measures
Since September 2019, the Department of Natural Resources of Shanxi Province has begun to draft the "Management Measures for Coalbed Methane Exploration and Exploitation in Shanxi Province", and has solicited opinions from relevant provincial departments, oil and gas companies in Shanxi, associations, and municipal natural resources bureaus. In February 2020, our department submitted the "Management Measures for Coalbed Methane Exploration and Exploitation in Shanxi Province (Draft)" to the provincial government for review and solicited opinions from the Ministry of Natural Resources; on February 13, the governor's office meeting on the topic of the Administrative Measures for Coalbed Methane Exploration and Exploitation After the study, our department cooperated with the Provincial Department of Justice to review and modify the draft measures; in the stage of soliciting opinions, solicit opinions from 36 provincial departments, 11 districted city governments, associations and chambers of commerce, and 36 related enterprises inside and outside the province. At the same time, the Provincial Department of Justice solicited opinions from the national public on its portal website; in the legislative demonstration stage, we and the Provincial Department of Justice invited experts from the Ministry of Natural Resources, China Geological Survey, PetroChina, Sinopec, CNOOC, and universities and law firms in the province Scholars convened a legislative demonstration meeting; in the legislative coordination stage, the Provincial Department of Justice organized 15 provincial departments including the Provincial Development and Reform Commission and the Provincial Department of Finance to convene a legislative coordination meeting. The leaders of the provincial government personally organized research on several important issues involved in the Measures. coordination. On March 18, the "Measures" were reviewed and approved at the 63rd executive meeting of the Provincial People's Government; on March 30, the Standing Committee of the Provincial Party Committee deliberated and approved the "Measures". On the same day, Governor Lin Wu issued Provincial Government Order No. 273, clarifying that Effective on May 1, 2020.
3. The basic concepts and main innovations followed by the "Measures"
(1) About the basic concepts followed in the drafting of the "Measures"
According to the decision and deployment of the Party Central Committee, the State Council, the Provincial Party Committee and Provincial Government and the Ministry of Natural Resources on the reform of the oil and gas system, especially the decision of the Fourth Plenary Session of the 19th Central Committee of the Party, the formulation of the "Measures" reflects the following basic concepts:
1. Fully implement the relevant requirements of the Party Central Committee and the State Council, and try to be as early as possible (clearly express "what and how to do"), and try hard first (specifically expressed as "exploratory research");
2. Strengthening the management of coalbed methane exploration and mining is not relying on increasing power and increasing procedures. The key is to focus on key points, comprehensively implement policies, combine management and management, and use precise force.
3. To promote the comprehensive utilization of resources and ecological protection of mining areas, not only the supervision and management of government departments must be strengthened, but also the internal management and control of coal-bed methane enterprises must be strengthened, and social participation and supervision must be continuously expanded;
4. To safeguard the legitimate rights and interests of mining rights holders and promote the high-quality development of the coal-bed methane industry, it is necessary to refine the reform measures of “delegating management and servicing” in different departments to improve the overall, systematic, and synergistic nature of coal-bed methane management to form a “nine cow climbing slope”. , Work together" to jointly create a transformation and upgrading "Shanxi sample"; to stimulate investment enthusiasm by streamlining administration, delegating powers, and optimizing services, speed up exploration and mining through decentralization, combination of management, and cracking down on persistent problems, and maintain safety through enterprise-land joint construction and joint punishment The bottom line of environmental protection is to enhance the stamina for development through the coordinated linkage of gas production and transmission, and the supporting construction of main gas fields and industrial bases.
(2) The main innovative content of the "Measures"
There are 8 chapters and 46 articles in the "Measures". The content of system innovation can be summarized as "four twos", that is, "two promotion", "two accelerations", "two improvements", and "two deadlines."
1. Vigorously promote "enterprise investment" and "enhanced security in mining areas".
(1) In terms of promoting enterprises to increase investment, the first is to encourage more enterprises to invest and participate in coal-bed methane exploration and mining, and clarify that the market access qualification for coal-bed methane mining rights is "registered in the People’s Republic of China + net assets no less than 3 100 million yuan”; prospecting and mining operators should have the corresponding technical capabilities; the two are no longer tied together.
Second, in order to encourage enterprises to speed up exploration and produce early results, it is clear that “mining areas that have signed a transfer contract and completed the commitment input, and have paid the proceeds of the mining right transfer according to the agreement” will not deduct the area when the mining right is renewed; when the mining right is calculated for the reduction of the area , Excluding areas with proven reserves. Subsidies and rewards will be given to independent corporate companies registered in the province that are engaged in coalbed methane exploration and mining.
The third is to force companies to increase investment, accelerate the pace of exploration and development, and clarify that prospecting rights with an uncompleted minimum exploration investment of more than 50% will not be renewed. That is to say, the "serious circumstances" in Article 29 of the State Council's "Measures for the Administration of the Registration of Mineral Resources Exploration Blocks" "failure to complete the minimum exploration investment" apply.
(2) In terms of promoting the strengthening of security in mining areas. First, in order to ensure that governments at all levels have a strong guarantee, policies and measures such as parallel approval of projects, occupation of land and forest land, interconnection of pipeline networks, and gas storage peak shaving responsibilities have been clarified.
Second, in order to make the mining area “famous and advantageous” and the mining rights holders no longer “county-run companies”, it is clearly required that “provincial finance, taxation, and statistics departments shall, based on the specific gas sales, sales, tax payment and other accounting information of different mining areas,” Determine the relevant statistical data of the cities and counties (cities) divided into districts and the income to be distributed".
The third is to "research and explore the establishment of a compensation mechanism for coal-bed methane mining areas" to accelerate the implementation of the provisions of the Central Committee of the Communist Party of China and the State Council to "accelerate the establishment of a long-term mechanism to support the economic transformation of resource-based regions".
2. Focus on "Accelerating Resource Development" and "Accelerating Base Construction"
(1) In terms of accelerating resource development, the first is to simplify the approval and registration of mining rights. Including the extension of the registration period of prospecting rights, from the original 2-3 years, extension of 2 years, and unified into 5 years; cancellation of "trial mining application approval", clarification of prospecting rights holders "report to the registration authority to start mining, within 5 years Handle mining registration in accordance with the law”; clarify that environmental impact and water resource evaluation in spring areas are no longer pre-conditions for mining registration, reducing the requirements for mining registration. This will reduce the frequency of application for approval, facilitate continuous operation, eliminate the phenomenon of timely transfer of data from other departments' review and approval, and speed up the development and utilization of resources.
The second is to encourage the use of scattered gas, reduce direct discharge and empty burning, encourage mining rights holders to use mobile facilities to recycle coalbed methane, and require relevant departments to timely handle gas filling, operating permits, and temporary land use procedures for them.
The third is to promote the approval of coal-bed methane projects into the government service integrated platform, implement parallel approvals by multiple departments, and greatly reduce the time-consuming application for approval.
(2) In terms of accelerating base construction, one is to encourage comprehensive evaluation and utilization of the “three gases” such as coalbed methane, tight gas, and shale gas, so as to realize the simultaneous production and transmission of multiple gases, and to dilute the cost of infrastructure.
The second is to coordinate the ecological and environmental protection of mining areas, implement the requirements of protecting the ecological environment of mining areas, reducing waste discharge and land occupation, regulating the discharge of coalbed methane produced water, and strengthening the prevention and control of geological disasters, and build green mines.
Third, in accordance with the opinions of the Ministry of Natural Resources and the National Forestry and Grass Administration, the mining rights of coal-bed methane that have been established in the nature reserve are allowed to continue to be explored in the core protection area and to continue to be mined in the general control area (no expansion of the production area is allowed); Implement the 2018 policy of the Ministry of Ecology and Environmental Protection to allow the pipeline network of mining areas to pass through (across) prohibited mining areas such as the core area of the nature reserve in a "harmless" manner, and to enhance the continuous and stable supply capacity.
Fourth is to encourage the compound utilization of mining area space. In view of the fact that the coal-bed methane mining rights are large, the layout of mining facilities and the selection of highways are mostly concentrated in river valleys, which are difficult to avoid, and many mining areas are lacking in infrastructure, in order to promote resource development and base construction, it is clear that the project is safe. Demonstration and the signing of a mutual protection agreement between the two parties can set up land use rights and coalbed methane mining rights in layers to realize the separate use of aboveground and underground space"; "Encourage coalbed methane and coal companies to jointly build and share coalbed methane in areas where mining rights overlap (coal methane) Extraction and utilization of ground facilities".
3. Significantly increase the "minimum exploration investment standard" and "exploration and mining transparency"
(1) In terms of raising the minimum survey investment standard. In accordance with the requirements of the State Council in 2013, the deployment of the "Pilot Opinions" of the Office of the State Council of the People’s Republic of China, and the actual investment in CBM block exploration in our province in recent years, the minimum investment in exploration that has not been adjusted for 30 years since 1998 is set to "maximum per square kilometer per year." "10,000 yuan", adjusted to a stage every 5 years, and stepped up the minimum survey investment standards (3, 5, 8, 100,000), to a maximum of 100,000 yuan per square kilometer per year, in order to speed up the enterprise’s unwillingness to invest, no investment Withdrawal of the "three no blocks" such as development strength, resources and no development prospects.
(2) In terms of improving the transparency of exploration and mining, one is to require the publication of specific exploration implementation, development and utilization, and ecological restoration plans (ie "three-in-one" plans) and review opinions. In the past, such information was kept secret, and individual companies prepared and evaluated them crudely, affecting field construction and land use approval, and hindering local participation and social supervision.
The second is to make mandatory requirements for the disclosure of specific information such as annual physical workload and foreign investment operations; for overseas investment enterprises to transfer the rights and obligations of cooperation contracts, it is required to publish basic information on the website of our department and report to the provincial competent department Record the transfer result.
The third is to promptly announce the verification and spot checks on the prospecting and mining information of coal-bed methane mining rights holders. Let more people know who is doing it, how it is doing it, and how it is doing it.
4. Take the lead in implementing the "limitation of the exploration period" plus "the time limit to complete the conversion"
According to the State Council’s 2013 requirement for coal-bed methane mining rights holders to "submit resource reserve reports within a deadline" and "complete production capacity construction within a deadline", in 2018, oil and gas companies "accelerated the utilization of proven reserves" requirements, clarified three regulations:
One is "the expiration date of the prospecting right is 5 years and can be renewed twice", that is, the maximum is 15 years.
Second, for coal-bed methane prospecting rights that have been in existence for more than 15 years and close to 20 years, taking into account factors such as central enterprises’ asset accounting and assessment, stable foreign cooperation and other factors, they are clearly allowed to extend once (5 years), and if proven reserves are not submitted after the expiration date It will not continue.
The third is to clarify that “the prospecting right holder shall apply for mining right registration within 3 years after submitting the proved geological reserves. If the transfer registration is not completed within 3 years, the prospecting right shall not be renewed.”
4. Strengthen policy coordination, deepen enterprise-local cooperation, prevent abuse of power, and fully implement the "Measures"
The formulation and promulgation of the "Measures" has sent a strong signal to deepen reforms and accelerate development in our province, both inside and outside the province, and inside and outside the industry. Its implementation will also have a major and far-reaching impact on improving the province's energy management capabilities, standardizing coalbed methane exploration and mining behavior, promoting coalbed methane storage and production, and accelerating the construction of unconventional gas bases. In the implementation, three aspects need to be done well.
(1) Pay attention to relevant reforms, strengthen policy coordination, and continuously release policy dividends
Since March 2020, the provincial party committee and the provincial government have intensively studied the pilot work of the comprehensive reform of the energy revolution. The systems that have been reviewed and will be introduced in respect of coal-bed methane include: Shanxi Province's three-year action plan for increasing coal-derived gas reserves and production, and coal-bed methane exploration Mining project approval process, safety regulations for coal-bed methane extraction in coal goafs (abandoned mines), incentives for increasing reserves and production of coal-derived gas, and supporting Jincheng City’s first trial. As a result, a “1+N” coal-bed methane system innovation system with the “Measures” as the main axis, guided by the pilot implementation plan for the comprehensive reform of the energy revolution, will soon be formed. Our natural resources system and related enterprises must carefully study and understand the spirit, main clauses and innovative measures of the "Measures", pay attention to understanding and timely study the supporting policies and implementation opinions issued by the provincial government and various departments directly under the province to enhance comprehensive The ability and level to understand and comprehensively apply policies, including the integrated application of policies on minerals, land, forests and grasses, and geo-environment within the system, make good use of the government service integration platform, so that special reforms can better integrate into the overall reform of the overall reform, and take advantage of the situation , Take advantage of the momentum.
(2) Deepen enterprise-local cooperation, launch special research, and continue to optimize policy implementation
To implement the "Measures", natural resources departments and oil and gas companies have different responsibilities and divisions of labor, but they are both the main force. To deepen the reform of examination and approval and strengthen the protection of factors, the natural resources department (including the forestry and grass bureau) shoulders the heavy responsibility; to accelerate the increase in reserves and production and protect the ecology of the mining area, oil and gas companies are the main responsibility; to make achievements, they must cooperate closely. How to solve the persistent problem of "circle without exploring, occupy without taking", the "Measures" prescribes a prescription, we should not discount and strengthen rigid implementation; how to achieve "industry bigger, enterprise and local win-win", we still need in-depth research. Tap the potential space. In particular, the special policy of coordinating the utilization of oil and gas resources and ecological environmental protection, and coordinating the allocation of land rights and mineral rights of different subjects, not only contains a lot of room for innovation, but also faces great pressure on risk management and control. I hope that all oil and gas companies and comrades from the natural resources department will strengthen exchanges, seek common strategies, explore the establishment of corresponding procedures and regulations, and implement project safety demonstrations and mutual protection agreements signed by both parties, so as to "harmlessize" the oil and gas pipelines in the mining area. The four types of protected areas (cross-over) are well done, so that policy dividends can be "disbursed and used with peace of mind."
(3) Seriously perform their duties, prevent abuse of power, and ensure that policies are used well and adequately
Overall,To implement the "Measures", for the natural resources department, it is more about streamlining administration and delegating power, optimizing services, truly letting go of the power that should be delegated, completing the matters that should be done in time, and cutting down the matters and requirements that should be streamlined. For oil and gas companies, it is more about expanding autonomy, controlling risks, exercising the powers that need to be determined independently, and fulfilling the obligations that need to be fulfilled in time, and requires government functional departments. Clearly proactively propose and claim rights in accordance with the law that require relief; the common task of the two companies is to implement the combination of decentralization and management in accordance with the regulations, and resolutely maintain the bottom line. Everyone must perform their duties conscientiously, not to be offside, not to be absent, to be in a good position, to ensure that the policies are used and fully utilized, and make new contributions to the development of the industry.
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