The earthquake monitoring and Management Ordinance was adopted on June 4, 2004 at the 52nd Executive meeting of the State Council, will come into effect on September 1, 2004.
PS: the earthquake monitoring and regulations chapter I General provisions article in order to strengthen the management of seismic activity, improve monitoring capacity, in accordance with the People's Republic of China earthquake disaster mitigation Act the relevant provisions of, this Ordinance is enacted.
Article II of this Ordinance shall apply to seismic monitoring network planning, construction and management of seismic monitoring installations and protection of seismic observation environment.
Is the third earthquake monitoring service in economic construction, national defense and social development and public welfare undertakings.
The people's Governments above the county level shall incorporate the seismic monitoring for national economic and social development plan.
Fourth national seismic monitoring network of unified planning, grading and classification management.
Fifth State Council departments in charge of the national earthquake monitoring and supervision and management.
Local people's Governments at or above the county level are responsible for seismic work departments or agencies responsible for earthquake monitoring and supervision and management of work within their respective administrative areas.
Sixth the State encourages, supports research for earthquake monitoring, application of advanced seismic monitoring technologies, seismic monitoring of international cooperation and exchanges.
The local people's Governments should support minority regions, remote and poor region and earthquake monitoring network construction and operation of the island.
The seventh foreign organizations or individuals in the People's Republic of China area and People's Republic of China sea areas engaged in seismic activity under the jurisdiction, must be People's Republic of China cooperation of relevant departments or units, and approved by the competent departments of the State Council work.
Engage in activities specified in the preceding paragraph, must comply with the People's Republic of China provisions of relevant laws and regulations and must not involve State secrets and endangering national security.
Chapter II earthquake monitoring network planning and construction of the eighth national earthquake monitoring network, the national earthquake monitoring network, the provincial earthquake monitoring network and the earthquake monitoring network composed of city and County.
Special seismic monitoring network and related units, individual social earthquake monitoring stations (point) is the supplement of the national seismic monitoring network.
Nineth planning compilation of earthquake monitoring stations network, should adhere to the principle of reasonable layout and resource sharing, and coordination with land-use planning and urban planning.
Tenth National seismic monitoring network master plan and national earthquake monitoring network plan shall be formulated by the competent departments, according to the national earthquake monitoring and prediction of the seismic work programmes formulated by the State Council in consultation with the relevant departments, and is responsible for organization and implementation.
Seismic monitoring network planning at the provincial level, by provinces, autonomous regions and municipalities are responsible for departments or agencies for seismic work, according to the national seismological monitoring network planning and administrative areas of the earthquake monitoring and prediction program development, reported the people's Governments at the corresponding level for approval.
Seismic monitoring network planning in city, County, city and County departments or agencies responsible for seismic work, according to the provincial earthquake monitoring network planning and implementation reported to the people's Governments at the corresponding level for approval.
The 11th provincial earthquake monitoring network planning and city and County earthquake monitoring network planning need to change should be reported to the original approval authority.
The 12th National earthquake monitoring network and the special construction of the earthquake monitoring network shall comply with the laws, regulations and national standards, in line with the national fixed assets investment projects under construction program, ensure the quality of the network construction.
Construction of the national seismic monitoring network, it shall tendering and bidding.
13th building the national seismic monitoring network and specialized seismic monitoring network shall, in accordance with the State Council regulations of the competent Department, in line with national standards, industry standards or technical requirements on seismic monitoring equipment and software.
Following construction of the 14th article should build special seismic monitoring network: (a) the dam more than 100 meters high, capacity of more than 500 million cubic meters, and the reservoir induced earthquakes of magnitude 5 and (ii) damaged by earthquakes can cause severe secondary disaster after the oil, mining, petrochemicals, and other major construction projects.
15th nuclear power plants, dams, large bridges, towers and other major construction projects should be in accordance with the relevant provisions of the State, strong vibration monitoring facilities.
16th construction units shall be special earthquake monitoring network, development of strong motion monitoring facilities, report of provinces, autonomous regions and municipalities are responsible for seismic work departments or agencies of record.
The 17th State to encourage the use of abandoned wells, seismic monitoring mining and civil air defense projects.
Abandoned oil wells, mining and civil air defense projects for earthquake monitoring, appropriate security measures shall be taken.
The 18th National seismic monitoring network of the construction funds and funding, in accordance with the principle of unity of power and financial power, borne by the Central and local governments.
Special earthquake monitoring network, strong motion monitoring facility construction and operation funding, borne by the employer.
Third chapter earthquake monitoring Taiwan network of management 19th article national earthquake monitoring Taiwan network official run Hou, shall not unauthorized suspended or terminated; does needed suspended or terminated of, national earthquake monitoring Taiwan network and provincial earthquake monitoring Taiwan network must by State earthquake work competent sector approved, city, and County earthquake monitoring Taiwan network must by province, and autonomous regions, and municipalities Government is responsible for management earthquake work of sector or institutions approved, and reported State earthquake work competent sector record.
Special seismic monitoring network to suspend or terminate the operation of, should report the provinces, autonomous regions and municipalities are responsible for seismic work departments or agencies of record.
The 20th State Council departments and local people's Governments at or above the county level are responsible for departments or agencies for seismic work, should be of special seismic monitoring network and social seismic monitoring stations (point) run direction.
21st local people's Governments at or above the county level shall provide necessary for the running of the national seismic monitoring network of communications, transportation, water, power and security.
National earthquake monitoring network, the exclusive operation of earthquake monitoring network are affected, local people's Governments shall organize the relevant departments to take emergency measures as soon as possible, restore the normal operation of earthquake monitoring network.
The 22nd of the detection, transmission, analysis, processing, storage, submit information for earthquake monitoring, seismic monitoring should be guaranteed the safety and quality of the information.
23rd special seismic monitoring networks and strong motion monitoring facilities management unit, seismic monitoring and timely information should be submitted to the seat of provinces, autonomous regions and municipalities the departments or agencies responsible for seismic work.
24th State Council departments and local people's Governments at or above the county level are responsible for departments or agencies for seismic work, on seismic monitoring should be strengthened professional training of the staff, increase their level of expertise.
The fourth chapter of seismic monitoring installations and protection of seismic observation environment 25th State shall protect earthquake monitoring facilities and seismic observation environment.
Seismic monitoring facilities of city and county governments should be strengthened for earthquake monitoring facilities and protection of seismic observation environment.
Any unit and individual shall have the protection of seismic monitoring installations and obligations of seismic observation environment, damage, destruction of seismic monitoring installations and right to report of seismic observation environment.
26th article ban occupied, and demolition, and damaged following earthquake monitoring facilities: (a) earthquake monitoring instrument, and equipment and device; (ii) for earthquake monitoring using of cave, and observation well (springs); (three) earthquake monitoring Taiwan Network Center, and relay station, and telemetry points of with room; (four) earthquake monitoring logo; (five) earthquake monitoring dedicated wireless communications band, and channel and communications facilities; (six) for earthquake monitoring of power, and water facilities. 27th seismic observation environment in accordance with seismic monitoring facilities around would not affect its efficiency requirements delineated the scope of protection of the sources of interference.
Scope of protection, the people's Governments above the county level are responsible for seismic work departments or agencies in collaboration with other relevant departments, minimum distance defined in accordance with national standards.
National standard for minimum distance protection of seismic monitoring facilities provision has yet been made, the people's Governments above the county level are responsible for seismic work departments or agencies in collaboration with other relevant departments, in accordance with the provisions of the national standard test methods, calculation formulas, the measured to determine.
28th article except law engaged in this Ordinance 32nd article, and 33rd article provides of construction activities outside, ban in has delineation of earthquake observation environment protection range within engaged in following activities: (a) blasting, and mining, and quarrying, and drilling, and pumping, and injection; (ii) in measuring earthquake observation environment protection range within set wireless signal launches device, and for vibration job and reciprocating mechanical movement; (three) in electromagnetic observation environment protection range within laying metal pipeline, and power cable line, and stacked magnetic items and set high frequency electromagnetic radiation device;
(D) the vibration within the observational environment protection; (v) in subsurface fluid observation in environmental protection within the accumulation of garbage, sewage and landfill; (f) observing lines and observing signs around obstacles or unauthorized mobile earthquake observation markers.
29th of the local people's Governments at or above the county level shall be responsible for seismic work departments or agencies, shall, jointly with relevant departments in the vicinity of seismic monitoring installations set up protection signs identify facilities for earthquake monitoring and seismic observation environment protection requirements.
30th of the local people's Governments at or above the county level shall be responsible for seismic work departments or agencies, within their respective administrative areas should be places of distribution of seismic monitoring installations and their protection, report to the local people's Governments, and report to the public security organs at the same level and land and resources, urban and rural planning, surveying and Mapping Department.
31st overall land-use planning and urban and rural planning should take into account the protection of seismic monitoring installations and environment of seismological observation needs. 32nd new, expanded and reconstructed construction works shall follow the relevant national seismic, electromagnetic, deformation, fluids and other standards of seismic observation environment protection to avoid damage facilities for earthquake monitoring and seismic observation environment.
In the construction project within the scope of protection of seismic observation environment, issued by the local people's Governments at or above the county level urban planning departments in the selection report, shall first seek the people's Governments at the same level for seismic work departments or agencies; the departments or agencies responsible for seismic work feedback in the 10th.
Article 33rd national key projects, did not avoid damage to facilities for earthquake monitoring and seismic observation environment, the construction unit shall in accordance with the local people's Governments at or above the county level are responsible for seismic work Department or agency requirements, additional anti-jamming facilities or new earthquake monitoring facilities, construction can be carried out.
Need new earthquake monitoring facilities, local people's Governments at or above the county level departments or agencies responsible for seismic work, you can require that new seismic monitoring installations normal operation after 1 year, then removal of the original earthquake monitoring facilities.
First and second paragraph of this article measures the cost, borne by the employer.
Fifth chapter legal responsibility 34th article violation this Ordinance of provides, State earthquake work competent sector and County above place Government is responsible for management earthquake work of sector or institutions of staff, not perform supervision management duties, found violations not investigation or has other abuse, and negligence, and engages in behavior, constitute crime of, in accordance with criminal about provides held criminal; is not constitute crime of, on competent personnel and other directly responsibility personnel law give administrative sanctions. 35th article violation this Ordinance of provides, has following behavior one of of, by State earthquake work competent sector or County above place Government is responsible for management earthquake work of sector or institutions ordered corrected, and requirements take corresponding of remedy measures, on competent personnel and other directly responsibility personnel, law give administrative sanctions: (a) not according to about legal, and regulations and national about standard for earthquake monitoring Taiwan network construction of; (ii)
Not according to seismic work in departments under the State Council earthquake monitoring equipment and software, (iii) unauthorized suspension or termination of the seismic monitoring network.
36th article has this Ordinance 26th article, and 28th article by column behavior one of of, by State earthquake work competent sector or County above place Government is responsible for management earthquake work of sector or institutions give warning, ordered stop violations, on personal can at 5000 Yuan following of fine, on units at 20,000 yuan above 100,000 yuan following of fine; constitute crime of, law held criminal; caused loss of, law bear compensation responsibility. 37th article violation this Ordinance of provides, units engaged in construction activities Shi, not according to requirements additional anti-interference facilities or new earthquake monitoring facilities, on earthquake monitoring facilities or earthquake observation environment caused damage of, by State earthquake work competent sector or County above place Government is responsible for management earthquake work of sector or institutions ordered corrected, deadline recovery undisturbed or take corresponding of remedy measures; plot serious of, in accordance with People's Republic of China earthquake mitigation method 43rd article of provides sentenced fine
Constitutes a crime, criminal responsibility shall be investigated according to law; losses caused shall bear liability.
38th in violation of the provisions of this Ordinance, foreign organization or individual without approval, without authorization in the People's Republic of China area and People's Republic of China sea areas under the jurisdiction of seismic monitoring activities, be ordered by the competent departments of the State Council work to stop the illegal practice, confiscation of monitoring results and monitoring facilities, and to a fine of up to 10,000 yuan and 100,000 yuan in serious, less than 100,000 yuan and 500,000 yuan in fines.
Sixth chapter supplementary articles article 39th volcano monitoring management, reference to these regulations. 40th article of the regulations come into force on September 1, 2004.　　
On January 10, 1994, the State Council issued the earthquake monitoring facilities and seismic observation environment protection regulations repealed simultaneously. Source: legal daily