Geological Hazard Control Ordinance

Original Language Title: 地质灾害防治条例

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(November 19, 2003 the 29th Executive meeting of the State Council on November 24, 2003 People's Republic of China promulgated by Decree No. 394, published as of March 1, 2004) Chapter I General provisions article to prevent geological disasters, to avoid and mitigate the losses caused by geological disasters, safeguarding people's life and property security, promoting economic and social development, this Ordinance is enacted.
    Geological disasters referred to in article II of this Ordinance, including natural or human induced hazards of people's lives and property of landslide, landslide, debris flow, ground subsidence and ground fissures, ground subsidence associated with geological disasters.
    Third geological disaster prevention and control work should stick to focusing on prevention, avoidance and management combines principles, focused and comprehensive planning.
    Fourth article geological disaster according to personnel casualties, and economic loss of size, is divided into four a grade: (a) special large: for disaster death 30 people above or directly economic loss 10 million Yuan above of; (ii) large: for disaster death 10 people above 30 people following or directly economic loss 5 million Yuan above 10 million Yuan following of; (three) medium: for disaster death 3 people above 10 people following or directly economic loss 1 million Yuan above 5 million Yuan following of;
    (D) small: below 3 deaths due to disasters or direct economic losses of up to 1 million Yuan. Article fifth geological disaster prevention and control work should be incorporated into the plan for national economic and social development. Provisions for the prevention of geological disasters caused by natural factors, Central and local governments and property rights on the basis of, respectively, included in the budget of the Central and local governments.
Specific measures by the financial Department of the State Council in conjunction with the Department of land and resources.
    Geological disasters caused by human activities such as construction of overhead expenses, according to governance principles, who is raised by the responsible entity.
Sixth people's Governments above the county level shall strengthen leadership of the geological disaster prevention and control work, organize the relevant departments to take measures to do geological disaster prevention and control work.
    The people's Governments above the county level shall organize relevant departments to carry out geological disaster prevention and control knowledge propaganda and education, enhance public awareness of disaster prevention and rescue, mutual capacities. Seventh State Council departments in charge of land and resources of the national geological disaster prevention organization, coordination, guidance and supervision.
Other relevant departments under the State Council in accordance with their respective functions responsible for the prevention and control of geological disasters. Local people's Governments at or above the county level authorities responsible for the administration of land and resources of geological disaster prevention and control in organization, coordination, guidance and supervision.
    Other relevant departments under the people's Governments at and above the county level responsible for the prevention and control of geological disasters of their respective duties.
    Eighth State encourages and supports research on geological disaster prevention science and technology, and promotion of advanced geological disaster prevention and control technology, universal access to scientific knowledge of the geological disaster prevention and control.
Nineth any units and individuals for violations of geological disaster prevention and control work has the right to impeach and accuse.
    In geological disaster prevention and control work units and individuals who made outstanding contributions from Government incentives.
Chapter II disaster prevention planning tenth State applies a system of geological disaster investigation.
Land and resources Department of the State Council in conjunction with the construction, water conservancy, railways, transportation and other departments in accordance with the State of the geological environment organizations launched a national survey of geological hazards.
    Local people's Governments at or above the county level in charge of land and resources departments of construction, water conservancy, transportation and other departments in accordance with the State of the geological environment organization to carry out the administration of geological disaster investigation.
11th the land and resources department in conjunction with the construction, water conservancy, railways, transportation and other sectors, according to the national survey of geological hazards, national geological disaster prevention plans, announced after experts approved by the State Council.
Local people's Governments at or above the county level departments in charge of land and resources development, water conservancy, transportation and other sectors, according to the administration of geological disaster investigation results and level on geological disaster prevention planning, preparation of the administrative areas of geological disaster prevention and control plan, announced after experts reported to the people's Governments at the corresponding level approval and reported to government departments of land and resources at a higher level for the record.
    Modify geological disaster prevention plan, shall be submitted to the original examination and approval authority for approval. 12th geological disaster prevention planning include the following: (a) the status quo and development trend of geological hazards; (b) geological disaster prevention principles and objectives, (iii) control of geological disaster-prone areas, focusing on districts; (d) geological disaster prevention project; (e) geological disaster prevention measures.
    The people's Governments above the county level shall town, populated residential areas, scenic areas, large and medium industrial enterprises location and transport links, key water conservancy and electric power projects and other infrastructure protection as a key geological disaster prevention area focus on.
13th mineral resources in the preparation and implementation of land-use planning, planning, as well as water conservancy, railways, transportation, energy and other major construction projects planned, should take fully into account the geological disaster prevention and control requirements, avoid and mitigate the losses caused by geological disasters.
    Preparation of the master plan, village or town planning, geological disaster prevention planning as an integral part of should be.
Chapter III article 14th national geological disaster prevention of geological hazards monitoring network and early-warning information system.
Competent departments of land and resources of the people's Governments above the county level shall, in conjunction with construction, water conservation, transportation and other departments to strengthen the monitoring of geological hazard danger.
    Because construction could lead to geological disasters, the construction unit shall strengthen geological hazard monitoring. 15th geological disaster-prone areas of the County, Township and village should strengthen the work of mass monitoring and preventing geological disasters.
During the period of geological disaster have focused on preventing, Township people's Governments and grass-roots mass self-government organization should strengthen the inspection of geological disaster danger, found that dangerous situation timely processing and reporting.
    State shall encourage units and individuals to provide geological disaster warning information. 16th State to protect geological hazards monitoring facilities.
    No unit or individual may seize, damage, damage to geological hazards monitoring facilities. 17th the State applies a geological disaster forecasting system.
Geological disaster forecast include the possibility of time, place, scope of disaster and the degree of impact.
Geologic disaster forecast by the Department of land and resources of the people's Governments above the county level shall, in conjunction with the competent meteorological departments released.
    Without authorization, no unit or individual is allowed to issue to the community on geological hazard forecast.
Article 18th competent departments of land and resources of local people's Governments at or above the county level construction, water conservation, transportation and other sectors based on geological disaster prevention planning, development of geological disaster prevention and control programmes, and reported to the people's Governments at the corresponding level for approval announced.
    Annual programme of geological disaster prevention and control include the following: (a) distribution of major hazards, (ii) the threat of geological disasters object, scope, (iii) focus on prevention; (d) geological disaster prevention measures (e) geological disaster monitoring and prevention responsible.
19th appears on geological disaster warning, which may cause casualties or major property damage area and location, the County shall be designated as danger of geological disasters in time, it shall be announced and at the border post of geological hazard danger warning signs.
Geological disaster danger zone, prohibits blasting, cutting, construction, as well as other activities that could lead to geological disasters.
    The people's Governments above the county level shall organize relevant departments take timely project management or relocation of avoidance measures, geological disaster risk the lives and property of the residents in the district.
    20th geological disaster hazards have been eliminated or effectively controlled, county-level people's Governments shall promptly revoke the original delimitation of geological disaster danger zone, and make an announcement.
21st construction in geological disaster-prone areas should be carried out at the feasibility study stage of geological hazard risk assessment and evaluation as part of the feasibility study report; feasibility report does not contain a risk assessment of geological hazards, shall not be approved the feasibility study report.
    Preparation of geological disaster-prone areas in the city's overall planning, village or town planning should be to risk assessment of geological hazards in the area. 22nd State to units engaged in geological hazard risk assessment of quality management systems.
Geological disaster risk assessment units should has following conditions, by provincial above government land resources competent sector qualification review qualified, made land resources competent sector issued of corresponding grade of qualification certificate Hou, party can in qualification grade license of range within engaged in geological disaster risk assessment business: (a) has independent of corporate qualification; (ii) has must number of engineering geological, and environment geological and rock soil engineering, corresponding professional of technicians; (three) has corresponding of equipment.
    Risk assessment of geological hazards assessment in their premises, the construction project should be subject to geological hazards of possibilities and in the construction of the project, the possibility of completion for geological disaster evaluation, propose specific preventive measures, and is responsible for the evaluation results.
23rd prohibits the dangerous assessment of geological disaster units beyond their level of qualification limits of geological disaster risk assessment unit or in any other contract risk assessment of geological hazards in the name of business.
Ban on dangerous assessment of geological disaster units allowed other units to the units on behalf of the contract risk assessment of geological hazards in businesses.
    Any unit and individual is prohibited counterfeiting or altering, the sale of geological disaster risk assessment certificate. 24th on the assessment that could lead to geological disasters or possible geological disasters of construction project shall have geological disaster control project under construction.
Geological disaster control project for the design, construction and acceptance should be simultaneously with the principal part of the project design, construction and acceptance.
    Supporting the acceptance of geological disaster control project experience or fail to pass, the main works shall not be put into production or use.
Fourth chapter of geological disaster contingency 25th the land and resources department in conjunction with the construction, water conservancy, railways, transportation and other departments to develop a national burst characteristics geology disaster emergency plan, announced after the approval of the State Council. Local people's Governments at or above the county level in charge of land and resources departments of construction, water conservancy, transportation and other sectors to develop the administrative burst characteristics geology disaster emergency plan, announced the approval of the people's Government of the same level.

    26th article burst sex geological disaster emergency plans including following content: (a) emergency institutions and about sector of duties Division; (ii) rescue rescue personnel of organization and emergency, and rescue equipment, and funds, and material of prepared; (three) geological disaster of grade and effect analysis prepared; (four) geological disaster survey, and report and processing program; (five) occurred geological disaster Shi of warning signal, and emergency communications guarantees; (six) personnel property evacuation, and transfer route, and medical treatment, and disease control, emergency action programme. 27th oversize or large-scale geological disasters, the relevant provinces, autonomous regions and municipalities should establish geological disaster relief command structure.
If necessary, the State Council may set up a geological disaster rescue command.
Other geological disasters occur or when there is a danger of geological disasters, on city and county governments based on geological disaster rescue and relief work needs, established geological disaster relief command structure.
    Geological disaster rescue command headed by the Government responsible, relevant departments, under the leadership of the people's Governments at the corresponding level, unity of command and organize geological disaster rescue and relief work. 28th found geological disaster danger or disaster units and individuals shall immediately report to the local people's Government or the departments in charge of land and resources.
Or grass-roots mass self-government organization received reports of other departments, should be immediately reported to the local people's Government.
    The local people's Government or the County land and resources administration after receiving the report, shall be immediately sent to the scene, conduct on-site investigations, and take effective measures to prevent disasters or disaster to expand, and in accordance with the land and resources Department of the State Council about geological disaster grade reporting requirements, and higher people's Governments in charge of land and resources departments report.
    Danger of geological disasters reported to the 29th article of local people's Governments, grass-roots mass self-government organizations shall, in accordance with the actual situation, timely mobilization under threat of geological disasters of residents and other staff moved to safety; when the urgency of the situation, you can organize disaster evacuation by force. Article 30th geological disasters after the people's Governments above the county level should initiate and implement the appropriate burst characteristics geology disaster emergency plan.
Relevant local people's Governments shall promptly of any disaster and development trend of information report to the higher people's Government.
    Prohibited to conceal, misrepresent or incite others to conceal, misrepresent geological disaster.
31st relevant departments of the people's Governments above the county level shall be in accordance with burst characteristics geology disaster emergency response Division, do a corresponding response.
Department of land and resources in conjunction with the construction, water conservancy, transportation and other departments as soon as possible to identify causes of geological disasters, affecting the scope of and to put forward measures, geological disaster mitigation and control.
    Home, and health, and food drug supervision management, and business, and police sector, should timely set refuge places and relief material outlets, properly arrangements victims life, do medical ambulance, and epidemic, and drug supply, and social security work; meteorological competent institutions should do meteorological service guarantees work; communications, and aviation, and railway, and traffic sector should guarantee geological disaster emergency of communications smooth and relief material, and equipment, and drug, and food of transport.
Article 32nd according to geological disaster contingency needs, the people's Governments above the county level shall immediately mobilized personnel, call materials, means of transportation and related facilities and equipment, if necessary, based on the need to be taken in the context of rescue and relief measures such as traffic control.
    For disaster relief, provisional call units and individual materials, facilities, equipment or occupy their houses, lands, shall be returned immediately afterwards; unable to return or loss should be given appropriate compensation.
    33rd local people's Governments at or above the county level should be based on geological hazard and geological disaster prevention need overall planning and arrangements for reconstruction work in the affected areas.
Geological hazards in the fifth chapter governance article 34th complexed geological disasters caused by natural factors, needed governance, land and resources administration by the State Council in conjunction with the disaster of provinces, autonomous regions and municipalities organized governance.
Other geological disasters caused by natural factors, governance requirements, under the leadership of the local people's Governments at or above the county level, organized by the competent Department of the people's Governments at the corresponding level of land and resources management.
    Geological disasters caused by natural factors across boundaries, needed treatment, by the local people's Governments in charge of land and resources of trans-sector governance.
35th due to geological disasters caused by human activities such as construction, the responsible units assume governance responsibilities. Responsible unit by geological disasters to the people's Governments above the county level departments in charge of land and resources organized experts on the causes of geological disasters analysis found.
    Disagrees with the results of the geological disaster management responsibilities, may apply for administrative reconsideration or bring an administrative suit.
Article 36th determination of geological disaster control project, should work with the geological causes of the disaster, the scale and the people security of life and property damage suit. Bear special geological disaster governance engineering exploration, and design, and construction and supervision of units, should has following conditions, by provincial above government land resources competent sector qualification review qualified, made land resources competent sector issued of corresponding grade of qualification certificate Hou, party can in qualification grade license of range within engaged in geological disaster governance engineering of exploration, and design, and construction and supervision activities, and bear corresponding of responsibility: (a) has independent of corporate qualification; (ii) has must number of hydrological geological, and environment geological, and
Engineering geological and other appropriate professional and technical personnel and (iii) have the appropriate technical equipment; (d) a sound engineering quality management system.
    Geological hazard control engineering survey, design, construction and supervision shall conform to the national standards and technical specifications.
37th prohibits the geological hazard control engineering survey, design, construction and supervision units beyond their level of qualification to the extend permitted or other geological hazard control engineering survey, design, construction and supervision contract on behalf of geological disaster control project investigation, design, supervision of construction and operations.
Prohibition of the geological hazard control engineering survey, design, construction and supervision units allowed other units to the units on behalf of the contract a geological disaster control project investigation, design, supervision of construction and operations.
    Any unit and individual is prohibited counterfeiting or altering, the sale of geological hazard control engineering survey, design, construction and supervision of qualification certificates. 38th government investment in geological disaster control project is completed by the Department of land and resources of the people's Governments above the county level shall organize acceptance.
    After completion of the geological disaster management, organized by the responsible unit acceptance; when it is completed, should have the participation of the competent Department of land and resources.
39th government investment in geological disaster control project after it has been and acceptance of, the people's Governments above the county level designated by the Ministry of land and resources authorities are responsible for management and maintenance of other geological disaster control project after the acceptance, by the responsible unit is responsible for managing and maintaining. No unit or individual may appropriate, damage, damaged geological hazard control engineering facilities. Sixth chapter legal responsibility 40th article violation this Ordinance provides, about County above place Government, and land resources competent sector and other about sector has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel, law give downgraded or dismissed of administrative sanctions; caused geological disaster led to personnel casualties and major property loss of, law give fired of administrative sanctions; constitute crime of, law held criminal: (a) not according to provides prepared burst sex geological disaster emergency plans,
    Or not according to burst sex geological disaster emergency plans of requirements take about measures, and perform about obligations of; (ii) in prepared geological disaster easy sent district within of city general planning, and village and town planning Shi, not according to provides on planning district for geological disaster risk assessment of; (three) approved not contains geological disaster risk assessment results of feasibility research report of; (four) hide, and lied about or inspired others hide, and lied about geological disaster disaster, or unauthorized released geological disaster forecast of;
    (V) issued to units that do not meet the conditions of geological hazard assessment certificate or geological hazard control engineering survey, design, construction, supervision and qualification certificates, and (vi) other malfeasance in geological disaster prevention and control work. 41st article violation this Ordinance provides, units has following behavior one of of, by County above place Government land resources competent sector ordered deadline corrected; late not corrected of, ordered stop production, and construction or using, at 100,000 yuan above 500,000 yuan following of fine; constitute crime of, law held criminal: (a) not according to provides on geological disaster easy sent district within of construction engineering for geological disaster risk assessment of; (ii) supporting of geological disaster governance engineering without acceptance or experience received not qualified
    , Main part of the project is put into production or use.
    42nd article violation this Ordinance provides, on engineering construction, human activities raised of geological disaster not governance of, by County above government land resources competent sector ordered deadline governance; late not governance or governance not meet requirements of, by ordered deadline governance of land resources competent sector organization governance, by needed costs by responsibility units bear, at 100,000 yuan above 500,000 yuan following of fine; to others caused loss of, law bear compensation responsibility. 43rd article violation this Ordinance provides, in geological disaster dangerous district within blasting, and cut slope, and for engineering construction and engaged in other may raised geological disaster activities of, by County above place Government land resources competent sector ordered stop violations, on units at 50,000 yuan above 200,000 yuan following of fine, on personal at 10,000 yuan above 50,000 yuan following of fine; constitute crime of, law held criminal; to others caused loss of, law bear compensation responsibility.

    44th article violation this Ordinance provides, has following behavior one of of, by County above government land resources competent sector or other sector according to duties ordered stop violations, on geological disaster risk assessment units, and geological disaster governance engineering exploration, and design or supervision units at contract agreed of assessment fee, and exploration fee, and design fee or supervision remuneration 1 time times above twice times following of fine, on geological disaster governance engineering construction units at engineering price 2% above 4% following of fine, and can ordered closed reorganization,
    Reduced qualification grade; has illegal proceeds of, confiscated illegal proceeds; plot serious of, revoked its qualification certificate; constitute crime of, law held criminal; to others caused loss of, law bear compensation responsibility: (a) in geological disaster risk assessment in the fraud or deliberately hide geological disaster real situation of; (ii) in geological disaster governance engineering exploration, and design, and construction and supervision activities in the fraud, and reduced engineering quality of;
    (C) no certificate or beyond their level of qualification license contract the scope of geological hazard assessment, geological hazard control engineering survey, design, construction and supervision of operations; (iv) in other units on behalf of the forwarders or allowed other units to the units on behalf of the geological hazard assessment, geological disaster control project investigation, design, supervision of construction and operations.
    45th in violation of the provisions of this Ordinance, forging, altering, buying and selling dangerous assessment of geological disaster certificate, geological disaster control project qualification certificate of survey, design, construction and supervision, by the people's Governments above provincial land and resources Department of collection or revoke a certificate of qualification, confiscate the illegal gains and fines of between 50,000 yuan and 100,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
    46th in violation of the provisions of this Ordinance, seize, damage, damage to geological hazards monitoring facilities or facilities of geological disaster control project, by the Department of land and resources of local people's Governments at or above the county level shall be ordered to desist from the illegal act, restitution or take remedial measures of limited duration and may be fined not more than 50,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.
    Seventh chapter supplementary articles article 47th formation of geological data in geological disaster prevention and control work, shall, in accordance with the provisions of the regulation for geological data collection.
48th in earthquake disaster defense and mitigation in accordance with provisions of laws and administrative regulations of the earthquake prevention and disaster reduction implementation.
    Flood control law and administrative regulations on flood-triggered avalanche, landslide and debris flow prevention regulations, those provisions. 49th article of the regulations come into force on March 1, 2004.

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