Nanning Municipal People's Government On Amending The Decision Of Sand Mining Management In Nanning City

Original Language Title: 南宁市人民政府关于修改《南宁市河道采砂管理办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384524.shtml

Nanning municipal people's Government on amending the decision of sand mining management in Nanning city (July 9, 2012, Nanning city, Government 13th session 19 times Executive Conference considered through September 29, 2012, Nanning city, Government makes 9th, announced since announced of day up purposes) for implement implementation People's Republic of China administrative forced method, maintenance legal unified, according to State on implement implementation straddling People's Republic of China administrative forced method of notification (country sent (2011) 25th,) spirit, by on I municipal government regulations for concentrated cleanup, City Government decided on

    Nanning river channel sand mining regulations read as follows:

    One of the 18th article of the "temporary suspension" is amended as "seizure". Second, delete the 18th article "withholding period shall not exceed 30th. Withholding is withholding all within the time limit (Administrator) do not accept treatment, water conservancy administrative departments shall be dealt with in city-level news and announcements in the media. Expiry of the notice period, were temporarily suspended all (Manager) still does not accept, withhold goods be auctioned or sold according to law.

    Charges after deduction of auction or sale, fines and other fees shall be deposited, in escrow for five years ".

    This decision shall come into force as of the date of.

    Management measures of the sand, Nanning city, corresponding amendments shall be made according to this decision, republished. Attached:, Nanning city, River mining sand management approach (2012 amendment this) (January 12, 2004 City Government makes 20th, announced, according to March 21, 2008, Nanning city, Government on modified straddling, Nanning city, River mining sand management approach of decided amendment, according to September 29, 2012, Nanning city, Government on modified straddling, Nanning city, River mining sand management approach of decided Amendment) first article for strengthening, Nanning city, river of regulation and management, reasonable excavation River gravel,

    Protection of river channel flood and traffic safety, in accordance with the People's Republic of China regulations on River and the Guangxi Zhuang Autonomous Region, river management provisions of the regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    Article on sand mining in these measures refers to the river management within the excavation in the city of sand, stone, Earth and the gold rush (including Amoy take other metallic and non-metallic).

    Article water conservancy administrative departments are responsible for sand mining management and supervision and inspection work.

    Municipal water conservancy administrative departments responsible for the County (district) the border river, yongjiang river mouth to the bridge of the three bank supervision and administration of river sand mining.

    The County (district) water administration other than prescribed in the preceding paragraph the competent authorities responsible for supervision and management of sand excavation in river reach within their respective jurisdictions.

    Land, public security, transport, planning and other departments in the context of their respective mandates, with the water conservancy administrative departments of supervision and management of sand mining. Fourth River sand mining in the implementation of an integrated planning system.

    Sand plans should take into account requirements for flood control and navigation safety.

    Sand mining plan by the municipal water administration departments or delegate has units of water conservancy and hydropower engineering survey certificate prepared in consultation with the land, after sectors such as transport, planning, submitted to the municipal people's Government for approval and reported to the level on the water conservancy Administrative Department.

    Sand mining Administrative Department of planning by the city planning after the balance, into the overall urban planning. Sand mining plan, once approved, should be strictly enforced.

    Necessitates modification, submitted for approval in accordance with the relevant provisions.

    Article fifth on sand mining plan shall include the following contents:

    (A) the ban on logging and mining areas;

    (Ii) the ban on logging and mining;

    (C) the annual amount of sand control;

    (D) the amount recoverable sand mining vessels in the area of control.

    Sixth city, County (district) Water Conservancy administrative departments shall from the date of river sand mining plan is approved will be banned within the 30th district, ban and other related announcements in the city-level news media.

    Seventh prohibited activities in yongjiang River upstream of the bridge River gold rush.

    Prohibit the use of hazardous substances for gold.

    The river water level is above water level, ban on sand mining.

    Eighth river channel sand mining license should be obtained through bidding, auction and except as otherwise provided by laws, rules and regulations.

    City, County (district) Water Conservancy administrative departments shall, together with the land, finance and other departments to develop bidding, auction, city and County (district) people's Government for approval, by the water conservancy administrative departments organization.

    Sand mining owners operate illegally, more than twice a year by the Executive (twice) of administrative penalty shall not participate in the recent bidding, sand mining license auctions.

    Nineth sand sand excavation management shall be paid in accordance with the regulations, mineral resource compensation fees.

    Bidding and auction should include sand excavation management fees and compensation fees for mineral resources.

    City land administrative departments entrusted city water conservancy administrative departments in charge of mineral resources compensation fees. Compensation fees for mineral resources in the national budget, the implementation of project management.

    Sand excavation management fees and other tender, proceeds from the sale into the financial accounts, by the Municipal Government to determine its use.

    Article tenth the following sand without bidding and auction, sand water Chief after authorities agreed to exempt from sand mining management fee:

    (A) since the flood need to sand mining;

    (B) the housing needs of individual small amounts of sand;

    (C) because of their waterways, river dredging in river management within the excavation of gravel or soil.

    11th sand through a permit system. Winning bidder and a buyer by bidding, auction plan calls for paying the relevant bidding and auction fees apply to the water conservancy administrative departments, water conservancy administrative departments within 3 working days from the date of receipt of the application, a copy of the application go to the Department of land administration.

    The water conservancy administrative departments and territorial administrative authorities within 10 working days from the date of receipt of the application, respectively, issued by the river channel sand mining license, the mining permit.

    12th the river channel sand mining license shall include the owner's name (name), number of vessels, vessel name and vessel, the exploitation of the nature, quantity, type, scope, depth, and practice, reject handling methods and content.

    The river channel sand mining license, the mining license will expire, use of sand excavation right auction and bidding period.

    13th article prohibited to counterfeit or alter or sell, lease, lend or otherwise transfer the sand mining licenses and the mining license.

    Article 14th sand units and individuals shall be provided by the permit requirements for mining.

    Engage in sand mining units and personal matters and of the need to change the licensing to determine content, shall renew the license.

    15th the water conservancy administrative departments should strengthen the supervision and inspection of sand, to dredge the sand, sand amount, depth, and jobs for real time monitoring and periodic qualification of surveying and mapping units under the principal water monitoring after sand mining on Riverbed changes.

    16th the license validity period expires or the cumulative amount of sand when it reached the total amount of sand mining permit issuing authority shall remove the license and notice.

    Recoverable period affect the river stability of river and flood safety natural disasters or other major events, you need to suspend sand mining activities, issued by the issuing authority can declare its effectiveness the river channel sand mining license suspended; above is eliminated, and issuing authority shall declare the license validity restored.

    Article 17th sand mining boats coming from the municipal water administration departments unified number. Entered during the ban period, all of the sand River, this vessel and recoverable period does not make the river channel sand mining license of sand mining boats should be parked in the designated by the water conservancy Administrative Department.

    Without good reason, and not allowed to leave the designated location. Ban ban sand excavation vessel stranded in the region.

    Due to accidents of navigation or unloading sand except for temporary detention.

    18th article violation this approach provides, no card mining sand or not according to River mining sand license determine of range, and number or time, for mining sand of, by water administrative competent sector ordered its corrected and take remedy measures, and demolition illegal mining sand equipment and confiscated illicitly acquired, and at 500 Yuan above 1000 Yuan following of fine; plot serious of, seized illegal mining sand of vessels and the mining sand apparatus, and at 1000 Yuan above 10000 Yuan following of fine.

    Who knowingly steal the river sand mining and shipping, fined a maximum of between 2000 Yuan and 500 Yuan. 19th in violation of the provisions of article 13th, water administration departments, the National Administrative Department for permit cancellation procedures, and a fine of 5000 to 10000 Yuan.

    Violate the criminal law, criminal responsibility shall be investigated according to law.

    20th violates the provisions of the second paragraph of this article 17th, rectification by the water conservancy administrative departments, removing sand mining equipment, and can be fined a maximum of 3000 Yuan.

    21st civil strife in the scope of management of the river set up checked posts, blackmail obtained from sand mining vessel, the "sand" against such offences should be given administrative penalties for public security, by the Public Security Bureau in accordance with the People's Republic of China public security management punishment law provides punishment; violate the criminal law, criminal responsibility shall be investigated according to law.

    22nd under any of the following acts, the water level on the supervisory organ or the administrative organ shall order rectification, the persons in charge and other direct liable persons shall be given an administrative sanction; violated, criminal liability shall:

    (A) modified sand sand sand excavation planning planning or the violation of organization;

    (B) shall carry out tenders, auctions without bidding, auction or not according to the bidding and auction results for making decision of sand mining license. 23rd these measures shall come into force on March 1, 2004.