Geo-Environmental Monitoring Management

Original Language Title: 地质环境监测管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201503/20150300398597.shtml

Geo-environmental monitoring management

    (April 10, 2014 Department of Ministry of land and resources for the 2nd Conference April 29, 2014 and Ministry of land and resources to 59th, published since July 1, 2014) first in order to strengthen environmental monitoring and management, normative acts of geo-environment monitoring, to protect people's lives and property safety, according to the People's Republic of China Law of mineral, geological disaster prevention Ordinance and other relevant laws and regulations, these measures are formulated.

    Second geological environment monitoring in these measures refers to natural geological environment or project impact on the geological environment and its change under regular observation and measurement, sampling, testing, record calculations, analysis, evaluation and forecasting activities.

Third geological environment monitoring, supervision and management of the following procedures apply:

(A) geological hazards monitoring;

(B) ground water geological environmental monitoring;

(C) the mine geo-environment monitoring;

(D) the monitoring of geological heritage;

    (E) other related geo-environment monitoring.

    Article fourth geology environment monitor insisted that the Government-led and hierarchical accountability, the principle of combination of scientific planning, group.

    Article fifth natural geological environment monitoring by the Department of land and resources of the people's Governments above the county level are responsible for organization and implementation; construction impact on the geological environment monitoring by the relevant responsible unit responsible for organization and implementation.

Sixth national geological environment monitoring and management of Ministry of land and resources.

    Local people's Governments at or above the county level within the Department responsible for the administration of land and resources of geological environment monitoring and management.

    Seventh people's Governments above the county level land and resources Department of geological environment monitoring network construction, operation and maintenance of the requirements included in the annual budget, and ensure the smooth conduct of geological environment monitoring.

Eighth geological environmental monitoring in the State encourages and supports scientific research, technological innovation and international cooperation.

    On the geological environment monitoring units and individuals who have made outstanding contributions to the work, by the Department of land and resources of the people's Governments above the county level shall be rewarded.

Nineth people's Governments above the county level land and resources Department of geological environment monitoring plan.

Is responsible for the Organization of the Ministry of land and resources development of geological nationwide environmental monitoring programme.

    Local people's Governments at or above the county level land and resources administration based on the geological environment monitoring plan, combined with the local area, compile planning of geological environment monitoring in their respective administrative areas, and people's Governments at the same level and higher level people's Government departments of land and resources.

    Article tenth of geological environment monitoring plan should include the monitoring of geological environment current situation, demand analysis and planning goals, planning principles of layout, monitoring, monitoring network project, budget and planning the implementation of safeguard measures, and so on.

    11th geo-environmental monitoring plan shall be consistent with national economic and social development planning, and other related programming interface.

12th Ministry of land and resources, geological environmental monitoring agencies, national geological environment monitoring, planning and organizing nationwide geological environment monitoring network, launched a national situation analysis and evaluation of geological environment and early warning reporting, the national geological environment monitoring technical guidance.

    Local people's Governments at or above the county level land and resources Department of geological environment monitoring organs, undertake geological environmental monitoring work within their respective administrative areas, and follow their people's Governments in charge of land and resources Department of geological environment monitoring bodies and technical guidance.

13th geo-environment monitoring bodies should have corresponding to its geological environment monitoring work undertaken by ability and condition, to geological environment monitoring agency of the Ministry of land and resources to develop construction standards.

    Land and resources departments at all levels should be involved in geo-environmental monitoring technician job training.

14th geo-environmental monitoring agencies and their staff to carry out geological environmental monitoring activities shall comply with national and industry technical specification for geo-environment monitoring.

Ministry of land and resources is responsible for the formulation of national and industry technical specification for geo-environment monitoring.

    The provinces, autonomous regions and municipalities directly under the people's Governments in charge of land and resources departments according to the local area, based on geological environment monitoring national and industry-related technical specifications, technical specifications for geo-environmental monitoring within their respective administrative areas.

    15th due to construction activities have an impact on the geological environment, related units should be entrusted with a capacity of geological environment monitoring institutions to carry out appropriate geological environment monitoring.

16th geo-environment monitoring network consists of geo-environment monitoring, geological composition and geological environment monitoring information system of environmental monitoring stations.

    Competent departments of land and resources of the people's Governments above the county level should be based on geo-environmental monitoring plan and technical specifications construction of geological environment monitoring network.

17th geo-environment monitoring is to obtain geological environment monitoring data location.

    Geological environment monitoring point set, should be based on geo-environmental monitoring programme, full consideration of geological environment and economic and social development needs.

18th geological environment monitoring station is for the acquisition of geo-environment monitoring data, geological monitoring points established configuration infrastructure sites and related equipment.

Geological environment monitoring station construction, operation and maintenance, shall comply with the reasonable layout, advanced technology, stable operation, convenient maintenance and economical requirements.

    Geological environment monitoring station construction, operation and maintenance of the standards formulated by the Ministry of land and resources.

19th geo-environment monitoring information system is made up of information networks and data processing facilities, equipment, and other components, geologic environment monitoring data acquisition, transmission, integrated system management functions.

Geo-environmental monitoring information systems construction, operation and maintenance, shall comply with accurate data, transmission, storage, security, efficient management, logistic support requirements.

    Geological environment monitoring information system for construction, operation and maintenance of the standards formulated by the Ministry of land and resources. 20th national environmental protection monitoring facilities.

Local people's Governments at or above the county level competent authorities responsible for the administration of land and resources in the work of geo-environmental monitoring facilities.

Geo-environmental monitoring facilities shall be in accordance with the Ministry of land and resources requires a unified identity.

Geological environment monitoring agency responsible for operation and maintenance of geo-environmental monitoring facilities registration, register, and timely submitted to the facilities operation and maintenance of the county people's Governments in charge of land and resources department.

    No unit or individual may appropriate, damaged or unauthorized mobile geo-environmental monitoring facilities, and does not impede the normal utilization of geo-environmental monitoring facilities.

    21st geological environmental monitoring facilities damaged, is responsible for the operation and maintenance of geo-environment monitoring agency or related liability shall promptly repair, ensure that it is running properly.

22nd due to construction or other reasons is absolutely necessary to dismantle or mobile geo-environmental monitoring facilities, engineering in feasibility study phase of the project to the project construction should apply to the County Government of the location of land and resource administration, by local land and resource administration with the consent of the people's Governments at the county level organization construction of geological environment monitoring facilities, land and resources administration agreed, are dismantled or moved, geo-environmental monitoring facilities.

    Geological environment monitoring of demolition or moving the costs borne by the construction of the facility.

23rd people's Governments above the county level land and resources Department of geological environment monitoring information system should be established and unified publishing geo-environmental monitoring information within their respective administrative areas, timely publication of geo-environmental forecast information.

    Land and resource administration in the people's Governments above the county level before the open geo-environmental monitoring information shall be in accordance with the People's Republic of China Law on guarding State secrets and the People's Republic of China Government information disclosure regulations and other laws and regulations and the relevant provisions of the State review of the geo-environmental monitoring information to be available to the public.

24th above county level people's Governments in charge of land and resources departments should establish early warning and forecasting system of geological environment. Geological environment monitoring agency found that unusual or significant changes of geological environment monitoring data, should analyse the causes and possible effects of, in time to monitor areas of County land and resources administration reports.

    County land and resources administration after receiving the report, shall immediately organize emergency investigations and related measures to the people's Government at the proposal released in accordance with the relevant provisions of geo-environmental forecast information, and report to the higher people's Government departments of land and resources.

25th geological environment monitoring bodies in accordance with this approach to geological environment monitoring data shall be in accordance with the geological data and other relevant provisions of regulation submitted to the local people's Governments at the county level, where the monitored area land and resource administration, and step by step by submitted to the Ministry of land and resources.

Competent departments of land and resources of the people's Governments above the county level are responsible for the geological environment monitoring data collection and analysis.

    Geological environment monitoring agency should be on the geological environment monitoring data authenticity and accuracy.

26th State to encourage geological environment monitoring bodies on the geological environment monitoring data processing and application development.

    Arising from government decisions, disaster or public safety and other public interests, the Government and the Department of geological environment monitoring data can be used free.

    27th people's Governments above the county level land and resources Department of geological environment monitoring system of supervision and inspection, is responsible for the geological environment monitoring plan preparation of geological environment monitoring and implementation, institutional capacity-building, geo-environmental monitoring facilities protection and geo-environmental monitoring quality supervision and inspection of the circumstances.

28th people's Governments above the county level land and resources administration and staff members in violation of the rules causes losses to the State and people's lives and property, any of the following circumstances, the direct responsible person in charge and other direct liable persons shall be given administrative sanctions:

(A) these measures are not in accordance with the provisions of the preparation and implementation of geo-environment monitoring plan;

(B) the provisions of these measures are not in accordance with the Organization of geological environment monitoring network;

(C) these measures are not in accordance with the provisions on job training for technicians engaged in geological environment monitoring activities;

(D) not in accordance with the regulations the timely organization of geological environment emergency investigation or release of geo-environmental forecast information;
(V) does not perform monitoring and administration of geological environment.

    29th geological environment monitoring bodies and their staff, one of the following acts, by the Department of land and resources of the people's Governments above the county level rectification; fails, supervisors and persons directly responsible shall be given sanctions:

(A) does not meet the standards of geological environment monitoring and institution-building as provided herein for geo-environmental monitoring activities;

(B) not in accordance with national and industry technical specification for geo-environmental monitoring for geo-environmental monitoring activities;

(C) falsifying or tampering with geological environmental monitoring data and information;

(D) find anomalies or significant changes in the geo-environmental monitoring data, not to report of geological environment and warning information;

(E) violation of open geo-environmental monitoring information without authorization as provided herein;

(F) fails to comply with these measures submitted to the geological environment monitoring data;

    (VII) other violations of these rules in the geo-environmental monitoring activities.

    30th on geological environmental impacts due to construction activities, responsible for these measures are not in accordance with the provisions of geo-environment monitoring obligation, by the Department of land and resources of the people's Governments above the county level a rectification, and shall be punishable by a fine.

    31st article units or personal violation this approach provides, occupation, and damaged or unauthorized mobile geological environment monitoring facilities of, by County above government land resources competent sector ordered deadline corrected, and law sentenced fine; plot serious, yet constitute crime of, by police organ in accordance with People's Republic of China security management punishment method, about provides be punishment; plot special serious, constitute crime of, law held criminal.

    32nd unlawful disclosure, provision and use of geo-environmental monitoring information shall be kept confidential, in accordance with the People's Republic of China Law on guarding State secrets and other relevant provisions of laws and regulations will be punished. 33rd article this way come into force July 1, 2014.