Ministry On Amending The Implementation Measures For The Regulation Of Sand Mining Management In The Yangtze River's Decision

Original Language Title: 水利部关于修改《长江河道采砂管理条例实施办法》的决定

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201007/20100700258986.shtml

Ministry on amending the implementation measures for the regulation of sand mining management in the Yangtze River's decision

    (March 12, 2010 the Ministry of water resources announced as of May 1, 2010, 39th) decision of water resources of the Yangtze River Channel sand mining management measures for the implementation of the Ordinance to amend as follows:

    First, delete the third paragraph of article III (c). Second paragraph, sixth is: "from June 1 to September 30 each year and when the river water level exceeded the warning level, the Yangtze River in Yibin (not including rivers in the reservoir area of three Gorges reservoir) during sand mining ban. At the cuntan hydrological station of Changjiang river flow greater than 25000 cubic meters per second, for sand mining ban in the three Gorges reservoir area.

    ”

    Three, 16th in the first paragraph (c) is amended as: "sand excavation equipment power over 1250-kilowatt, does not have the smooth moves of mining operations;" 16th article is revised as follows: "the sand for land reclamation, not subject to the preceding paragraph (a) limit.

    ”

    This decision shall take effect on May 1, 2010.

    The sand mining management in the Yangtze River be revised according to this decision of the measures for the implementation of the Ordinance, promulgated anew.

    Attachment: sand mining management in the Yangtze River regulation measures (revised 2010)

    (June 2, 2003 the Ministry of water resources announced on March 12, 2010, 19th the Ministry of water resources on change of sand mining management in the Yangtze River decided to implement measures for the regulation of modified)

    First to strengthen sand mining along the Yangtze River in Yibin's unified management, supervision and inspection, to maintain the stability of river, guarantees safety of flood control and navigation, in accordance with the regulations on the management of sand mining in the Yangtze River, these measures are formulated.

    Article on sand mining in the Yangtze River should be strengthened by the Yangtze River Water Conservancy Committee unified management, supervision and inspection, work related to organizing, coordinating, directing, and in charge of provincial borders of critical section (list see appendix) sand mining management and supervision and inspection.

    Local people's Governments at or above the county level water along the Yangtze River administrative authorities responsible for the administration of sand mining along the Yangtze River in management and supervision and inspection work. Article sand mining along the Yangtze River sand mining along the Yangtze River planning management and supervision and inspection of the basis.

    Yangtze River provinces and municipalities prepare sand mining along the Yangtze River plans to implement programmes must meet the requirements of sand excavation in Yangtze River planning.

    Yangtze River sand excavation planning modification by the Yangtze River Water Conservancy Committee under the Yangtze River regime changes, changes, sand supplies, environmental protection and management needs, and strict approval procedures.

    Engage in sand mining activities, without the limitation of sand excavation in Yangtze River planning, but it should be in accordance with the regulations on sand mining management in the Yangtze River and the approach set out in the relevant legal procedures:

    (A) refurbishing the Yangtze River Yangtze River embankment fill solid base or regulation;

    (B) Regulation of the Yangtze River waterway. Total control fourth sand mining along the Yangtze River system. Actual approvals shall not exceed the amount of annual sand sand mining along the Yangtze River plans to determine the annual amount of sand control.

    Approval of each mining area shall not exceed the annual amount of sand to the annual amount of sand control of the mining area.

    Changjiang water resources Commission under the sand mining along the Yangtze River planning, comprehensive change of river, sand replenishment and sand mining management needs, and so on, for each can be adjusted the annual amount of sand control of the mining area. Fifth Yangtze River Water Conservancy Committee of the provincial borders of critical section of the Yangtze River should be within the mining area of Riverbed change monitoring.

    Yangtze River provinces, municipality water conservancy administrative departments within the administrative area of the mining area in the Yangtze River bed changes monitoring and monitoring data reported to the Yangtze River water resources Commission.

    The monitoring of river bed changes, should a grade b qualification of surveying and mapping units under the water. Sixth from June 1 to September 30 each year, as well as river when the water level exceeds the warning level, the Yangtze River in Yibin (not including rivers in the reservoir area of three Gorges reservoir) during sand mining ban.

    At the cuntan hydrological station of Changjiang river flow greater than 25000 cubic meters per second, for sand mining ban in the three Gorges reservoir area.

    Yangtze River provinces, municipality water conservancy administrative departments may, within their respective administrative areas of Yangtze River water, works, flood and channel change and management needs in this way and sand mining along the Yangtze River planning the ban period longer ban period.

    Yangtze River provinces, municipalities in the administrative implementation of the ban and when the ban should be informed in advance of Changjiang water resources Commission.

    Article seventh sand mining along the Yangtze River to implement feasibility report system.

    Sand mining feasibility study report by mining district, responsible for the management of mining area water administrative department or establishment of Changjiang water resources Commission.

    Any of the following circumstances, sand mining feasibility study report by applying sand unit or individual responsible for the preparation of:

    (A) refurbishing the Yangtze River Yangtze River embankment fill solid base or regulation;

    (B) Regulation of the Yangtze River waterway;

    (Iii) reclamation.

    Sand should be entrusted with the feasibility report of water conservancy and hydropower engineering investigation qualification units.

    Article eighth sand mining feasibility study report should include the following:

    (A) the sand mining in river channel, river bed evolution analysis reports;

    (B) the range of sand, control points coordinates and the underwater topography of strong current;

    (C) the effects of sand mining on River regime and flood control analysis;

    (D) the total amount of mining feasibility analysis;

    (E) analysis of the effects of sand mining on navigation safety;

    (F) the effects of sand mining on water environment analysis;

    (G) sand mining on water, underwater facilities impact analysis;

    (H) the main conclusion of the argument.

    Article Nineth sand mining license system should follow the openness, the principle of fairness, impartiality,.

    Encourages the use of market mechanisms organized sand mining permits issued according to law, enhance the transparency of its work, Stern actions against disciplinary administrative action.

    Article tenth following sand mining activities by the Yangtze River Water Conservancy Committee approval:

    (A) the provincial boundary of critical section of sand;

    (B) for renovation of Yangtze River embankment fill solid base or management of sand mining in the Yangtze River. Engage in sand mining activities outside the provisions of the preceding paragraph, by the water conservancy administrative departments of provinces and municipalities.

    However, beyond the provincial boundary of critical section, individual reclamation project to scale for more than 100,000 tons of sand, relevant provinces and municipalities before the Department of water administration in deciding whether to grant approval shall be submitted to the Yangtze River water resources Committee.

    11th based on sand mining management in the Yangtze River need, adjust the provincial boundary of critical section of range, by the Yangtze River Water Conservancy Committee on proposed amendments to the appendix to determine present approach reaches, water conservancy administrative departments under the State Council for approval. 12th sand mining along the Yangtze River to the application by the mining area of the County (municipal or regional) Water Conservancy administrative departments of the local people accepted.

    The County (municipal or regional) Water Conservancy administrative departments of the local people after the signing, step by step institutions approve submitted for approval.

    Should consist of sand mining along the Yangtze River Water Conservancy Committee approval of centralized accepting applications, processing times determined and announced by the Yangtze River Water Conservancy Committee.

    Along the provinces and municipalities can be decided on by the water conservancy administrative departments centralized acceptance approval application for sand mining.

    13th application in sand mining, shall submit the following materials:

    (A) application for sand mining;

    (B) copies of business licenses and other related materials;

    (C) sand application and third party stakeholders, agreements entered into with third parties or related documents.

    Sand mining application shall include the following:

    (A) the applicant's name, code, address, the name and title of legal representative or responsible person, personal name, address, social security number;

    (B) the nature and type of sand;

    (C) sand location and scope (with range maps and coordinates of control points);

    (D) production (production capacity and the total annual production capacity);

    (E) time;

    (F) the mining depth and operation procedures;

    (G) sand piled up and reject treatment programmes;

    (VIII) basic conditions of sand mining equipment;

    (I) basic conditions of sand mining technicians;

    (J) other related matters.

    For water operation, the application should also include the name of the vessel, boat number, owner name, quantity, power sand content of ship, and crew certificates, copies of certificates.

    In seventh paragraph these measures (c) provision of sand mining activities, should also be submitted simultaneously to sand mining feasibility study report.

    Article 14th sand mining application at county level (municipal or regional) water sand applications received by the Administrative Department of the local people, such as material, application materials are complete and comply with the statutory format, it shall be accepted and written to accept vouchers.

    Any of the following circumstances shall receive the sand within 5 working days from the date of the application, applicants will be informed of sand units or individuals to be corrected:

    (A) the sand contents of the application are incomplete or filling is unknown;

    (B) the sand mining feasibility study report shall be submitted without submitting or sand mining feasibility report does not meet the requirements;

    (C) No materials or related materials do not meet the requirements.

    Application of sand unit or individual shall, within 15 working days from the date of receipt of the correction correction; overdue correction, shall be deemed withdrawn applications for the sand.

    15th along the provinces, municipalities directly under the water conservancy Administrative Department shall receive level water conservancy administrative departments should submit by sand mining along the Yangtze River Water Conservancy Committee within 15 working days of filing signed comments, and submitted to the Yangtze River Water Conservancy Committee.

    16th section at the provincial boundary of critical section of sand, sand mining application any of the following circumstances, the Yangtze River Water Conservancy Committee not to approve:

    (A) do not conform to the sand mining along the Yangtze River plan determines the recoverable and recoverable period requirements;

    (B) does not meet the requirements of the annual amount of sand control;

    (C) sand excavation equipment power over 1250-kilowatt, does not have the smooth moves of mining operations;

    (D) does not meet the requirements of sand control of the number of vessels;

    (E) sand-ship, crew certificate is not complete, is not in accordance with the regulations, vessel name, vessel-marking;
(F) meet the requirements of the equipment of sand and sand-free technical staff;

    (G) sand excavation vessel monitoring equipment is not installed in accordance with requirements;

    (H) illegal sand mining, and a bad record;

    (IX) no measures to reduce or eliminate negative impacts;

    (10) do not meet the other conditions of approval authority.

    Of sand for land reclamation, not subject to the preceding paragraph (a) limit. 17th river channel sand mining license for one ship a certificate.

    Vessel flying the original sand location, copies retained on sand ship for future reference.

    River channel sand mining license expiration date shall not be more than one recovery period.

    River channel sand mining license valid period expires or the cumulative amount of sand when it reached the total amount of sand sand mining permit, issuing authority shall return or cancellation of sand mining license and release announcements.

    Recovery period, as a result of influence of Yangtze River stability and safety of natural disasters or other major events, you need to suspend sand mining activities, issued by the issuing authority can declare its sand mining license validity suspension; above is eliminated, and sand excavation permit issuing authority shall declare the effectiveness of recovery.

    Engage in sand mining in the Yangtze River the units or individual needs to be changed river channel sand mining license and matters, shall, in accordance with the provisions of conditions and procedures to apply for river channel sand mining license.

    Article 18th CA river channel sand mining license should be issued timely announcements.

    Yangtze River provinces and municipalities sand excavation in water conservancy administrative departments shall issue a permit within 30 days after, sand mining reported that Yangtze River Water Conservancy Committee on the licensing record.

    Sand mining along the Yangtze River Water Conservancy Committee should be issued permits timely communications along the relevant province or municipality water conservancy Administrative Department.

    19th due to renovation of Yangtze River embankment fill solid base or harnessing of sand mining in the Yangtze River, an application shall be submitted to the sand and sand mining feasibility study report and attached to project design and approval documentation and other related materials, by the water conservancy administrative departments of the province and municipalities after the review, reported that Yangtze River Water Conservancy Committee. For the purpose of sand mining along the Yangtze River waterway, it shall first seek the views of the Yangtze River Water Conservancy Committee, and provided waterway sand mining feasibility study report, design and approval documentation and other related materials.

    After the signing, the Yangtze River Water Conservancy Committee, relevant information should be timely informed of the relevant province or municipality water conservancy Administrative Department. Sand mining activities provided for in the preceding two paragraphs, supervision and inspection by the Yangtze River Water Conservancy Committee.

    In accordance with the needs of the Yangtze River Water Conservancy Committee commissioned the local people's Governments at or above the county level shall supervise and administer the water conservancy Administrative Department.

    Sand mining activities provided for in this article, from the 12th to 18th provisions of these measures.

    20th Yangtze River Water Conservancy Committee should guide the Yangtze River provinces and municipalities water conservancy administrative departments consult the provincial border sand mining management in the Yangtze River system.

    And along the Yangtze River Water Conservancy Committee all provinces and municipalities between water conservancy administrative departments shall timely inform the sand ship register, Central Park, violation processing, co-ordination, exchange of information, to strengthen management of sand excavation in Yangtze River and supervision and inspection. 21st local people's Governments at or above the county level shall water conservancy administrative departments and Yangtze River Water Conservancy Committee should strengthen supervision and inspection of activities sand mining along the Yangtze River.

    Supervision and inspection of the main contents include:

    (A) are holders of a valid channel sand mining license, the relevant documents of ratification;

    (B) in accordance with the river channel sand mining license for sand or the provisions of the relevant documents of ratification;

    (C) it is paid according to the regulations the Yangtze River sand resources fee;

    (D) whether piled up sand or clean sand and reject according to regulations;

    (E) sand ship parking in accordance with the provisions;

    (Vi) shall supervise and inspect the other circumstances.

    22nd sand mining along the Yangtze River Water Conservancy Committee organization law enforcement or special law enforcement activities, outside the provincial borders of critical section of the illegal sand mining in the Yangtze River, may initially take seizure sand ship, to carry out the necessary investigation and other temporary measures, transfer of water conservancy administrative departments having jurisdiction to investigate.

    Local people's Governments at or above the county level water conservancy administrative departments in the provincial borders within the administrative area of critical section on illegal sand mining, can initially take sand ship and other temporary disposal measures for seizure, to the Yangtze River Water Conservancy Committee investigation.

    Article 23rd according to the sand mining management in the Yangtze River Ordinance 18th provides for the confiscation of illegal sand excavation vessel, should be the auction to auction or auction off, can be dismantled, destroyed in place, in the process of demolition, destruction of environmental pollution should be avoided.

    24th at the provincial boundary of critical section of sand mining, violations of these rules, any of the following circumstances, by the Yangtze River Water Conservancy Committee under conditions in accordance with the regulations on the management of sand mining in the Yangtze River section 18th, 19th and 21st are punishable:

    (A) do not go through the river channel sand mining license without authorization and sand;

    (B) is a sand mining permit, but the ban on logging area, the sand mining ban period;

    (C) is not in accordance with the requirements laid down in river channel sand mining license of sand;

    (D) forge, alter, buy, sell, lease, lend or otherwise transfer river channel sand mining license, does not violate the criminal law.

    25th ship loaded with sand on sand mining along the Yangtze River shipping illegal sand mining wells in the sand of a ship belonging to illegal sand mining vessels jointly commit acts of illegal sand mining, in accordance with the regulations on the management of sand mining in the Yangtze River provides for punishment of the 18th.

    26th unauthorized renovations of Yangtze River levee to fill solid base, the regulation as well as in the Yangtze River Yangtze River Channel sand mining without permission, or no provisions of sand, by the Yangtze River Water Conservancy Committee, in accordance with the relevant provisions.

    27th article this way since July 15, 2003.

    Appendix: list of provincial borders of critical section of the Yangtze River (1954 Beijing coordinate system) Hubei-Jiangxi border river: left shore Wuxue city, Hubei Province, Li Ding Wu cun (3304302,39355558), from Wuxue city, Hubei Province, longpingzhen (3306223,39374786).

    Under the right shore in ruichang city, Jiangxi province, chaohu gate (3302950,39355000), son of Jiujiang, Jiangxi province, down to the county town (3303000,39373650); Border river to Jiangxi and Anhui: left shore in wangjiang County, Anhui Province, long Tan (3330050,39467800), down to Anhui province's wangjiang County huayanghe more than 3 kilometers (3328990,39476028).

    Right shore of Jiangxi province's pengze County, MA (Editor's Note: this word is left, on right side when) JI (3321000,39466800), next to the chewing, dongzhi, Anhui Province (3328100,39478300); -Anhui Soviet border river: left shore he County, Anhui Province, stone BA River 1 km (3520000,39638000), down to the jiangpu district, Nanjing city, Jiangsu Province, Lin Puwei (3525900,39640900). Right shore cat zishan in maanshan city, Anhui Province, (3516950,39640750), copper, Jiangning district, Nanjing city, Jiangsu Province, next to the ferry (3522950,39644950).