Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201111/20111100353037.shtml
Xining sand resource exploitation and protection management (June 2, 2011 47th Executive session of Xining municipality through July 10, 2011 104th promulgated by the people's Government of Xining as of August 15, 2011) first in order to regulate management of sand resources, strengthen sand resource exploitation and protection of work, promote sustainable utilization of stone resources, protecting the ecological environment, according to the People's Republic of China Law on mineral resources, the People's Republic of China River regulations, regulations on the management of mineral resources in Qinghai province
And other laws and regulations, combined with the city's actual, these measures are formulated.
Second administrative area of the city within sand resource exploitation, processing and related management activities shall abide by these measures.
Personal use excavation of 50 cubic meters following a small amount of sand, you can not deal with mining licenses.
Third people's Governments at various levels shall strengthen the sand resource protection work within their respective administrative areas, adhere to unified planning, rational distribution, structural adjustment and appropriate principles of mining.
Article fourth gravel County resource management agency responsible for the administration of sand mining, processing, supervision and management of the work.
Land, water, public security, environmental protection, finance, forestry, Commerce and industry, production safety supervision departments to perform their supervisory and management functions associated with the stone resources.
Municipal Cheng Lihuang River (Xining) Integrated Management Committee, be responsible for sand resource exploitation and protection of harmonization.
Article fifth administrative areas of the gravel County resource management agency responsible for sand resource utilization and protection plan, delineation of the scope of mining areas, preparation of geological reserves report, the determination of aggregate reserves, set reasonable scale of exploitation.
Sixth stone resources and mining rights according to related regulations through bidding, auction and listing fee to use granted.
New gravel mining and processing project shall conform to gravel resources utilization and conservation planning.
Article seventh to tender to determine the winning bidder or to auctions, established the tone of the person applies to be registered, go through the mining licence shall submit the following materials:
(A) mining rights to apply for registration and range;
(B) the programme of comprehensive development and utilization of mineral resources;
(C) the approval of environmental impact assessment;
(D) production safety supervision and management departments approved safety evaluation report;
(E) mining rights of paid transfer confirmation;
(F) the business name prior approval written notice or business license;
(VII) to adapt to the size of the geological and mining reports and resources assessment, proof of filing;
(H) the geological environmental protection and control in recovery programmes;
(I) the provisions of laws and regulations to be submitted by other materials.
Excavation of gravel in the river or the relevant approval documents shall be submitted to the water conservancy Administrative Department. Eighth gravel resource management authority shall accept applications for mining rights within 40 days of the date, or the decision not to grant registration to grant registration.
Registration is granted, the applicant shall, from the date of receipt of the notification in the 30th, to the approval certificate authorities to pay mining right cost, to register and obtain a mining permit, become a mining right; not to grant registration, approval of issuing authority shall provide the applicant written reasons.
Nineth mining right cost revenue management in accordance with national and provincial regulations.
Article tenth mining rights mining rights shall pay the fees and compensation fees for mineral resources.
11th article of the gravel mining geological environment system.
After the end of mining activities, the mining right shall be closed in accordance with the relevant provisions and land reclamation, revegetation and environmental protection, and acceptance by the relevant County gravel resource management organization after passing the security deposit be refunded; unqualified acceptance, deposit is not refundable, to restore the geological environment.
12th mining mining rights shall be in accordance with the approved programmes, during the mining period and shall perform annual inspection, change of mining rights and other procedures. 13th period for transfer of mining right shall not exceed 3 years. Mining permit expires, the need to continue mining, mining rights shall, in the mining license expired before the 30th, to the registration certificate authorities for continued registration.
Mining right due to the continuation of registration formalities, mining license repeal on their own.
14th prohibition of basic farmland, drinking water and other ecological function protected areas according to law set up nature reserves, scenic spots, forest parks, the huangshui basin river channel sand mining activities within the special protection area. Before the implementation of these measures are already provided for in the preceding paragraph within sand resource exploitation should be shut down.
To go through relevant procedures, the legally obtained mining license, the original registration certificate Office proper compensation by the local government; unlawful mining of the law.
15th article violates these rules, laws, regulations, penalties from its provisions.
Article 16th person not complying with the provisions of the mining right closed, land reclamation or restoration, the original registration certificate Office shall order its closure, take measures, restitution; refuses, more than 1000 Yuan for individuals of up to 3000 Yuan fine, the unit shall be fined 10,000 yuan and 30,000 yuan fine.
17th gravel resource management bodies or other relevant staff of any of the following acts, by its superior administrative body or supervisory organs shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) violation of approval of mining of mineral resources and mining permits shall be issued as provided herein;
(B) for failing to stop illegal mining acts, penalties;
(C) fails to perform or not properly discharge the responsibilities of supervision and administration;
(D) other acts of dereliction of duty, abuse of authority or engages in.
Illegal mining permit, higher people's Government departments have the right to be withdrawn.
18th article this way specific problems in the application of youhuang water basin (Xining) Integrated Management Committee is responsible for the interpretation. 19th article this way come into force August 15, 2011.
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