Administrative Measures On Sand Mining In Guangxi Zhuang Autonomous Region

Original Language Title: 广西壮族自治区河道采砂管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351850.shtml

Administrative measures on sand mining in Guangxi Zhuang Autonomous Region (February 11, 2011 11th session of the people's Government of Guangxi Zhuang Autonomous Region at the 78th Executive meeting on April 20, 2011, people's Government of Guangxi Zhuang Autonomous Region, announced as of June 1, 2011, 65th) first in order to strengthen the management of sand mining, maintaining the stability of river to protect dikes, flooding and shipping as well as facilities such as water security, in accordance with the People's Republic of China regulations on River and the Guangxi Zhuang Autonomous Region, rivers management regulations and other laws and regulations,

    Combined with this practice, these measures are formulated.

Article the river management within State boundaries engaged in excavation of sand, gravel, soil (hereinafter referred to as sand) and management activities shall abide by these measures.

    River lakes in these measures, reservoir, WA, Lake, an artificial waterway, river channel fork, flood diversion work, flood, tidal area, estuary, and so on.

    Article at various levels shall be responsible for coordinating and solving major issues in sand mining management.

    County Water Conservancy administrative departments at and above are responsible for sand the coordinated planning, administrative licensing, supervision and management of land and natural resources, transport, marine, finance, industry and commerce, Public Security Bureau and other relevant departments according to their respective functions to assist the good management of sand mining.

    City, County (district) jurisdiction of river sand mining, consultation by the water conservancy administrative departments on both sides through consultation, by the common level specified by the water conservancy Administrative Department. Fourth city and County Water Conservancy administrative departments shall, in accordance with the relevant codes and regulations organized the preparation of the administrative divisions within the river channel sand mining plan.

Sand mining plan shall consult the land and natural resources, transport, maritime, environmental, planning, tourism and other related sectors, levels on water conservancy administrative departments agreed to by the people's Governments at the corresponding level for approval before implementation. Sand mining plan, once approved, must be strictly enforced.

    Distribution changes from the River, sand and gravel resources necessitates modification, shall be according to the procedure provided for in the preceding paragraph for approval.

Article fifth on sand mining plan mainly includes the following:

(A) the distribution of sand deposits, and sandy;

(B) the aggregate supply analysis;

(C) ban on logging and mining areas, reserves;

(D) ban and recoverable period;

(E) mining plan, the annual amount of sand control and depth;

(F) the sand mining, sand quantity control;

(G) sand field layout;

(H) the reject pile locations, treatment methods and site cleaning requirements;

(I) sand impact analysis;

    (10) other contents provided by the water conservancy Administrative Department of the autonomous region. Article sixth sand units and individuals shall go through the river channel sand mining license.

    In the River with the aim of exploiting mineral sand mining activities, should also deal with mining licenses.

    River channel sand mining license a ship (machine) certificates, valid for one year.

    Without taking sand in river channel sand mining license for vessel, equipment shall be parked in the designated location set shall not be recoverable stranded in the region. Article seventh river channel sand mining license through bidding, auction or listing of open competition manner.

    Channel is involved, permission should be sought before views of the waterway authorities and maritime agencies.

Article eighth river channel sand mining license shall meet the following conditions:

(A) sand mining plan approved by the district, sand-mining and distribution requirements;

(B) the operation meets the requirements;

(C) compliance with annual amount of sand control requirements;

(D) sand mining vessels, equipment and sand mining technical personnel to meet control requirements;

(E) after the third person has not disputed;

    (Vi) other conditions stipulated by laws, rules and regulations.

Sand mining permits from the Nineth unit and individual shall provide the city and County Water Conservancy administrative departments and submit the following materials:

(A) the application (table);

(B) copy of business license;

(C) the certificate of registration of vessels, ship inspection certificate, as well as sand mining machines and origin certification;

(D) sand mining Technician certificate, seaman certificate;

    (E) construction program and environmental protection measures.

    Article tenth change of river channel sand mining license, shall renew the sand mining license.

Article 11th sand flats and sand mining management in the individual shall pay a fee, compensation fees for mineral resources and mining right fee and mining right cost.

    Sand mining management fees and compensation fees for mineral resources and mining right fee and mining right cost charged in the provision and management.

12th sand mining activities should comply with the following provisions:

(A) the sand by the river channel sand mining license of the range;

(B) the navigable river channel sand mining should be subject to transportation requirements and the establishment of clear signs;

(C) timely removal of sand, clear the reject, smooth body or sand pits;

(D) shall not endanger the water engineering, hydrology, pipelines and other facilities, as well as bank security;

    (E) sand mining boats, equipment parked at a specified place to anchor, during the ban period.

    13th sand caused collapse, pit or reject stacked bed, water conservancy administrative departments should be ordered to repair or clean up fails to repair or clean, organized by the water conservancy administrative departments at and above the County repair or cleaning, the costs borne by the sand.

    Units and individuals shall engage in sand mining to the municipal or County Water Conservancy administrative departments 15% pay a one-off channel restored the margin of production as planned.

River restoration margin special account for implementation of storage shall not be diverted to any other use.

    Sand city and County Water Conservancy administrative departments perform repair or clean up obligations and organize experts after acceptance, shall promptly deposit refund the sand people.

    River recovery deposit collection, management, use of specific measures formulated by the Department of water administration departments of the autonomous region.

    14th of municipal and County approved by the water conservancy administrative departments shall each year based on sand mining plan, designation of restricted area, reserved areas, ban and announced to the public.

    Any unit and individual is prohibited in the ban, ban zone, reserved area for sand mining activities.

    Sand excavation vessel, equipment may not ban zone, to preserve the remaining.

    15th district, recoverable period due to changes in flood control, River, water works or shipping facilities the hazards, water ecological environment has been seriously damaged and has great water sports, inappropriate sand mining, County Water Conservancy administrative departments at or above the interim designation of restricted production areas, ban and announced to the public.

    Cases as provided for in the preceding paragraph is eliminated, should be lifted and announced to the public in a timely manner.

    16th River sand mining management fee is mainly used in river embankment, shore protection, dams and other river maintenance, renovation and transformation of engineering facilities.

17th State organs and their staff have one of the following acts, the persons in charge and other direct liable persons shall process constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) not through bidding, auction or listing of open competition in the implementation of administrative licensing;

(B) does not comply with the requirements before providing river channel sand mining license;

(C) the interception, diversion of river sand mining management fees and compensation fees for mineral resources and mining right fee and mining right cost;

(D) sand disorder caused by dereliction of duty, malfeasance or gross negligence;

    (V) neglect of duty, abuse of power, favoritism, bribery.

    18th without taking sand in river channel sand mining license, by the water conservancy administrative departments at and above the County ordered corrective action and attachment of sand mining boats and equipment without a license and illegal income confiscated, and a fine of less than 1000 Yuan and 20,000 yuan.

    19th article not by river mining sand license provides mining sand or in ban mining district, and retained district, and ban mining period mining sand, mining sand vessels, and machines in ban mining district, and retained district within stranded or not made river mining sand license of mining sand vessels, and machines in can mining district within stranded of, by County above water administrative competent sector ordered deadline corrected; late not corrected of, confiscated illegal proceeds, and at 1000 Yuan above 20,000 yuan following fine.

    20th sand endanger water engineering, hydrology, pipelines and other facilities, by the water conservancy administrative departments at and above the County a rectification; fails, more than 1000 Yuan and fined a maximum of 20,000 yuan.

    Article 21st sand mining vessels, machines not specified in the ban on logging site, parked or in navigation river channel sand mining is not set clearly marked, by the water conservancy administrative departments at and above the County Department fined a maximum of 5000 Yuan.

    22nd article in navigation river channel sand mining, endanger the safety of navigation, by waterway authorities, maritime agencies, in accordance with the People's Republic of China inland river transportation security regulations and the People's Republic of China navigation regulations, penalties shall be imposed.

    Mineral resources management laws, regulations and rules provides as punishment for illegal sand mining activities from its provisions.

    23rd rural residents in the river outside the ban area of mining and use a small amount of sand, no need for sand mining management in the river channel sand mining license and pay the fee, compensation fees for mineral resources and mining rights use fee and money paid for mining right and river restoration margin. 24th article this way come into force on June 1, 2011.