Qinghai Provincial People's Government Decision On The Modification Of The Qinghai Provincial Geological Environment Protection Measures

Original Language Title: 青海省人民政府关于修改《青海省地质环境保护办法》的决定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201006/20100600256432.shtml

Qinghai provincial people's Government decision on the modification of the Qinghai provincial geological environment protection measures

    (November 6, 2009, Qinghai province, the people's Government of the 49th Executive session on November 23, 2009 72nd release of Qinghai province as of the date of promulgation) under the People's Republic of China Law of mineral, geological disaster prevention Ordinance and other relevant laws and regulations, the provincial government decided to make the following changes in the Qinghai provincial geological environment protection measures: Article III, be amended as: "geological environment adhere to the rational use and protection priority, who develops protection and who undermine the principle of who pays, who invested to benefit.

    ”

    Delete the second paragraph. Second, seventh as: "land and resource administration departments at or above the county level shall be responsible for the preparation of the regional geological environment protection plan, reported to the people's Governments at the corresponding level for approval promulgation and implementation, and report to the Administrative Department of land and resources at a higher level for the record. TRANS-geological environment protection plan, jointly by the competent administrative departments of land and resources at a higher level.

    ” An additional paragraph, second paragraph: "the approved environmental protection plan may be supplemented, modified, necessitates modification, shall be submitted to the original examination and approval authority for approval.

    ” Three, 23rd to 17th in the second paragraph, is amended as: "no units or individuals are not allowed to move, occupy or damage monitoring of geological environment and geological heritage protection facilities and signs.

    ”

    Four, the fourth chapter title is revised as follows: "disaster prevention". Five, 22nd to 21st, 23rd paragraph changed to 21st in the first paragraph of article: "the people's Governments above the county level should be at the border post of geological hazard danger warning signs.

    ” Six, 26th to 23rd, the first paragraph is amended as: "land and resources administrative departments above the county level shall, together with the housing and urban-rural construction, water conservation, transportation and other relevant administrative departments, in accordance with the provisions of the geological disaster prevention Ordinance, preparation of the annual programme of geological disaster prevention and control and burst characteristics geology disaster emergency plan, announced after the approval of the people's Governments at the same level.

    ”

    Delete the second paragraph. Seven, add one, as the 27th: "construction in geological disaster-prone areas should be carried out at the feasibility study stage of geological hazard risk assessment and assessment as part of the feasibility study report; feasibility report does not contain a risk assessment of geological hazards, shall not be approved the feasibility study report.

    ” "Geological disaster-prone areas in the urban and rural planning should be to risk assessment of geological hazards in the area.

    ” Eight, add one, as the 28th: "dangerous assessment of geological hazard assessment in their premises, the construction project should be subject to geological hazards of possibilities and in the construction of the project, the possibility of completion for geological disaster evaluation, propose specific preventive measures, and is responsible for the evaluation results.

    ” And the addition of an article, as the 29th: "individuals within the geological disaster-prone areas to build houses or livestock housing, greenhouses for the production of small buildings (structures), and confirmed by the land and resources administrative departments at the county level will not suffer or cause geological disasters, geological hazard assessment can not.

    ” Ten, 31st to 32nd, third paragraph: "large and medium following geological disasters have occurred, land and resources administrative departments at the county level should be within 4 hours, within 12 hours of the county-level people's Governments and administrative departments of land and resources at a higher level, and to both the provincial and the provincial departments of land and resources administration reports.

    ” Plenary to 34th, 35th section, the first paragraph is amended as: "geological disasters caused by natural factors, governance requirements, large geological disasters by provincial departments of land and resources administration, in conjunction with State (or municipal) Government Organization governance; medium the following geological disasters, governed by the people's Governments above the county level. Threatened by geological disasters, units and individuals should actively assist and cooperate with management.

    ” Modify the second paragraph as follows: "mining, construction and other geological disasters caused by human activities by the responsible unit within governance.

    ”

    Article 12 read 35th, 36th article, delete the first paragraph. Second to the first paragraphs, amended to read: "after completion of the geological hazard control of government investment, land and resources administration departments above the county level acceptance. After completion of the geological disaster management, organized by the responsible unit acceptance; when it is completed, land and resources administrative departments shall participate in.

    ” 13, the addition of an article, as the 37th article: "the governance costs are too high or difficult to control the residents in hazardous areas of geological hazards, relocation should be made to avoid.

    ” "The people's Governments above the county level should according to the actual situation, with full respect for the wishes of the people, select relocation.

    ” "The relocation site selection should also steer clear of possible geological disasters areas, trying not to occupy or less occupation of agricultural land, to avoid causing damage to nature reserves, protection of drinking water sources.

    ”

    14, the fifth chapter heading is revised as follows: "mining geological environmental protection." XV and the addition of an article, as the 38th: "when applicants apply for a mining license of the mining right shall entrust a qualified units of mining geological environmental protection and rehabilitation programmes, have the right of approval approval of the Administrative Department of land and resources.

    ” "Mining geological environmental protection and control of the rehabilitation programme the main content and programming in accordance with the relevant standards.

    ” 16, the addition of an article, as the 39th article: "the rights changes scale of mining, mining areas or mining mining should be reworked mining geological environmental protection and control of the rehabilitation programme, and the original approval authority.

    ” 17, the addition of an article, as the 40th: "mining rights shall be paid in full and in accordance with the relevant provisions of mining environmental restoration margin. Earnest money set aside, and deposit, Qinghai province, and managed in accordance with the implementation of the measures for the administration of mining environmental restoration margin.

    ”

    18, the addition of an article, as the 41st: "mining rights in the production process or in front of a closed, closed, closed, should be based on mining geological environmental protection and control of the rehabilitation programme, completed the rehabilitation work of the mine geological environment, and meet the following criteria:

    "(I) for excavation, collapse, piled up, pollution of land is backfilling and flattening or modification, have returned to other available, suitable for plant growth;"

    "(B) trenching, and exploration wells, boreholes, roadway has been closed, or filled;"

    "(Iii) refurbishment of the slope of open pit mining, rock and implement green, no landslide, landslide, debris flow and other artificial geological disaster hazards;"

    "(D) the disposal of various types of waste produced by mining activities meet the State standards;" "(V) surface water and groundwater recovery, restore underground aquifers to ex status.

    ” 19, the addition of an article, as the 42nd article: "the people's Governments above the county level environmental protection, land and resources administrative departments, in conjunction with other relevant administrative departments in accordance with mining geological environmental protection and rehabilitation programme requirements, responsible for closed, closed, closed the mine geological environmental protection and control in acceptance of the restoration project.

    ” 20, the addition of an article, as the 43rd: "to trenching, pitting, exploration of mineral resources, exploration right after the end of mineral exploration activities have not yet applied for mining rights, legacy of exploration resources in the process of drilling, exploration, trenching, roadway formation of dangerous rocks, dangerous slope should take the appropriate measures, rehabilitation.

    ” 21, the addition of an article, as the 45th: "engineering unit, he is under mining rights to the land and resources administrative departments submitted to the annual report of the geological environment treatment rehabilitation, land and resources administration departments at or above the county level ordered to submit; fails to submit, and fined 1000 Yuan and 10,000 yuan fine.

    ” 22, and increased a article, as 46th article: "violation this approach provides, occupation, and damaged or unauthorized mobile geological environment monitoring and the geological remains protection facilities and logo of, by County above land resources administrative competent sector ordered stop violations, deadline recovery undisturbed or take remedy measures, caused loss of, compensation loss; and can on personal sentenced 100 Yuan above 2000 Yuan following fine, on units sentenced 1000 Yuan above 10,000 yuan following fine.

    ”

    23, the addition of an article, as the 47th: "staff of the relevant departments and the people's Government above the county level, in geology and environmental protection work in any of the following circumstances, monitored by the competent departments or agencies shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    "(A) geological disasters caused by natural factors in accordance with the provisions of organizational governance;"

    "(B) refused to publish or delay publication of geological hazard forecast and early warning;"

    "(C) the law on geological disaster management organizations work and acceptance of mining geological environment control project;" "(D) other acts of abuse of authority, dereliction of duty or engages in.

    ” 24, the addition of an article, as the 49th: "the specific problems in the application of these measures, the Department of land and resources administration is responsible for the interpretation.

    ”

    25, deleting articles 17th, 18th, 27th, 34th, 39th, 40th, 41st, 43rd.

    In addition, the order, and part of the text of the provision accordingly and modify.

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

    According to this decision in the Qinghai provincial geological environment protection measures be amended accordingly promulgated anew.

    Qinghai provincial geological environment protection measures (2009 revision)

    (December 3, 2003 37th under the people's Government of Qinghai province on November 23, 2009 on amendments to the Qinghai provincial geological environment protection of Qinghai province decided to approach the revision of)

    Chapter I General provisions
First to protect the geological environment and geological heritage, provide geological disaster, ensure sustainable economic and social development, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in within the administrative area of the province engaged in geological environment, geological relics protection, use, control of geological activity, these measures shall apply.

    Geological environment protection in article insist on rational use and protection priority, who develops protection and who undermine the principle of who pays, who invested to benefit.

    Article fourth unified management of geological environmental protection work, grading, Department. Provincial land and resources administrative departments in charge of the province's geological environment monitoring.

    States (and cities) and counties (cities, districts) within the administrative authorities responsible for the administration of land and resources under environmental protection management.

    Housing and urban-rural development, environmental protection, transportation, water and forestry and other relevant administrative departments, in geology and environmental protection within the scope of their respective duties.

    Fifth to encourage units and individuals contributions, investment of geological environment and geological disaster prevention and control. Any unit and individual have the obligation to protect the geological environment, the right to stop and report failure behavior of the geological environment, for geological disaster.

    Geological disaster warning information should promptly report to the local people's Government or the relevant administrative departments for land and resources. Sixth above the county level people's Government or the Ministry of land and resources, the relevant administrative authorities shall inform the community about geological environmental protection and scientific knowledge of the geological disaster prevention and control, public know hedge the basic methods of disaster preparedness and emergency response.

    Geological environment protection units and individuals that have achieved outstanding successes in work, give encouragement and reward.

    Geological environment protection in chapter II-use planning Article seventh land and resource administration departments at or above the county level shall be responsible for the preparation of the regional geological environmental protection planning, reported to this stage to the Government for approval promulgation and implementation, and report to the Administrative Department of land and resources at a higher level for the record.

    TRANS-geological environment protection plan, jointly by the competent administrative departments of land and resources at a higher level.

    Approved environmental protection plan may be supplemented, modified, necessitates modification, shall be submitted to the original examination and approval authority for approval.

    Article eighth geological environment protection planning should include the geological environment, geology and environmental protection and use, geology and mine geological environment in disaster prevention, recovery, geological heritage use and protection and so on.

    Nineth above county level people's Governments and relevant competent administrative departments in considering relevant planning pertaining to environmental protection, shall solicit the views of the land and resources administrative departments at the same level.

    Chapter three geological environment monitoring and protection

    Article tenth production and construction activities should be environmental protection, prevention of geological disasters caused, increased.

    Units engaged in geological disaster control should be to monitor the existing geological disaster hazards, emergency prevention and control measures.

    11th construction units, the mining rights for project construction, mining activity has damaged the geological environment to perform recovery responsibilities to project where land and resource administration departments at or above the county level shall submit the annual report of the geological environment treatment recovery and to accept supervision and inspection.

    12th in exploiting oil and gas resources, liquid salt mines and geothermal and mineral water resources, mining rights shall implement mining area's geological environment monitoring and in accordance with the regulations to the provincial land and resources administrative departments to submit monitoring data.

    13th land and resource administration departments at or above the county level shall be responsible for organizing this administrative region geological environment monitoring, geological disaster monitoring and early warning systems, to major geological disaster danger forecast; establishing water quality forecast system of groundwater, preventing pollution and excessive exploitation of groundwater.

    Provincial administration of land and resources Department of geological environment monitoring agency is responsible for organizing, guiding the province's major geological disaster danger, important basins, groundwater hydrology, the main town and the province's geological relics and the monitoring and forecasting of mine geological environment in key jobs.

    14th provincial departments of land and resources administration based on geological environmental monitoring data, annual bulletin of geological environment. 15th people's Governments above the county level shall be responsible for notices directory of geological heritage protection within their respective administrative areas.

    The following geological heritage should be protected, and the establishment of protective emblems:

    (A) geological landforms of great ornamental or scientific value;

    (B) the geological profile of significant value or structural features;

    (C) fossils or ancient human remains of great scientific value and its origin;

    (D) the special value of minerals, rocks and their origin;

    (V) typical and special significance of geological hazards in water resources and sites;

    (Vi) other geological sites in need of protection.

    Article 16th on international, national or regional representative geological heritage, in accordance with the People's Republic of China nature reserve management Ordinance provisions, establish a geological relics protection area or geological park.

    17th no units and individuals are not allowed to move, occupy or damage monitoring of geological environment and geological heritage protection facilities and signs.

    The fourth chapter of geological disaster prevention and control

    Article 18th control geological disasters, adhere to prevention, avoidance rule based approach for who triggered who governance to reduce human-induced geological disasters.

    19th the people's Governments above the county level shall establish and improve government leadership of geological disaster prevention and control work responsibility system of management accountability, government authorities, key risks monitoring prevention responsibility system, specific departments and responsible, and long-term disaster risk monitoring and emergency measures implementation of specific units and personnel.

    20th people's Governments above the county level shall strengthen geological disaster prevention and control work, to include geological disaster prevention funds in local budgets.

    Geological disaster prevention funds to the region's geological disaster investigation, establish and perfect the mass monitoring and prevention network and geological disaster risk areas to evacuate residents.

    Geological disaster prevention and control funds for the province's geological disaster forecasting and warning system and major geological disaster emergency rescue and investigation, treatment.

    21st people's Governments above the county level should according to geological disaster survey or form a distribution, in the administrative area within the danger of geological disasters, geological disaster-prone areas, and announced to the public in a timely manner of geological hazards risk information and geological disaster-prone areas.

    The people's Governments above the county level shall at the border post of geological hazard danger warning signs.

    In addition to control works of geological hazards, geological disaster risk against other projects in the region.

    22nd land and resource administration departments at or above the county level shall, within their respective administrative areas should be damaged geological environment, trigger or aggravate the geological hazards of geological disaster danger areas and supervise and inspect the implementation of preventive measures.

    Inspected unit and individual shall faithfully reflect the situation, provide the relevant information.

    23rd land and resources administrative departments above the county level shall, together with the housing and urban-rural construction, water conservation, transportation and other relevant administrative departments, in accordance with the provisions of the geological disaster prevention Ordinance, preparation of the annual programme of geological disaster prevention and control and burst characteristics geology disaster emergency plan, announced after the approval of the people's Governments at the same level.

    Article 24th prediction of geological disaster hazards (reported) or disasters forecast by the people's Governments above the county level and other relevant administrative departments of land and resources in conjunction with the provincial geological environment monitoring agency, published the people's Governments at the same level.

    Danger of mass monitoring point (disaster preparedness) forecasts by County land and resources administrative departments or organizations commissioned by its publication. 25th geological disaster-prone areas of County and township people's Governments shall establish a monitoring system and mass monitoring and preventing network, emergency, preparedness measures, strengthen flood watch, perfect of danger patrol system, do a good job hedging disaster.

    If necessary, should set up a special monitoring stations, set up special monitoring.

    Article 26th in geological disaster-prone areas and hazardous area units, organizations and village (neighborhood), should organize and strengthen daily observation, abnormality was detected promptly report to the local people's Government or the relevant administrative departments for land and resources.

    Local people's Governments should strengthen guidance and emergency inspection work, and according to the actual situation of emergency avoidance, withdrawal and reintegration measures.

    27th in geological disaster-prone areas in the construction of geological disaster risk assessment should be carried out at the feasibility study stage, and will assess the results as part of the feasibility study report; feasibility report does not contain a risk assessment of geological hazards, shall not be approved the feasibility study report.

    Preparation of geological disaster-prone areas in the urban and rural planning should be to risk assessment of geological hazards in the area.

    28th dangerous assessment of geological hazard assessment in their premises, the construction project should be subject to geological hazards of possibilities and in the construction of the project, the possibility of completion for geological disaster evaluation, propose specific preventive measures, and is responsible for the evaluation results.

    Article 29th in geological disaster-prone areas to build houses or livestock housing, greenhouses for the production of small buildings (structures), and confirmed by the land and resources administrative departments at the county level will not suffer or cause geological disasters, geological hazard assessment can not.

    30th engineering construction and mining shall be in accordance with risk assessment of geological hazards, take protective measures to prevent geological disasters caused or aggravated.

    Disposal of municipal solid waste and waste residue of mining, engineering and construction (liquid) landfill and other waste, isolation precautions should be taken to prevent geological disasters caused or aggravated, damage to the geological environment.

    31st geological disaster risk assessment unit should have appropriate professional and technical personnel, with specialized technical equipment.

    Article 32nd where geological disasters, local county and township people's Governments and relevant administrative departments, according to geological disaster prevention plan for disaster reporting system report, and quickly rushed to the scene to organize rescue and relief.

    Disaster to the relevant units and individuals shall immediately to the local people's Government or the departments of land and resources administration reporting geological disasters.
Large and medium following geological disasters have occurred, land and resources administrative departments at the county level should be within 4 hours, within 12 hours of the county-level people's Governments and administrative departments of land and resources at a higher level, and to both the provincial and the provincial departments of land and resources administration reports.

    33rd engineering construction and mining geology environmental damage or cause, aggravate the geological disasters, and the discovery of major disaster precursors, potential, the person responsible shall promptly report to the local administrative Department of land and resources of the people's Government of and take recovery and management measures, or take immediate emergency evacuation flight to disaster reduction measures, preventing the disaster to expand. Article 34th geological disasters caused by natural factors, governance requirements, large geological disasters by provincial departments of land and resources administration, in conjunction with State (or municipal) Government Organization governance; medium the following geological disasters, governed by the people's Governments above the county level.

    Threatened by geological disasters, units and individuals should actively assist and cooperate with management.

    Mining, construction and other geological disasters caused by human activities by the responsible unit within governance. 35th after completion of the geological hazard control of government investment, land and resources administration departments above the county level acceptance.

    After completion of the geological disaster management, organized by the responsible unit acceptance; when it is completed, land and resources administrative departments shall participate in. Prohibition of the occupation, destruction of geological disaster control project facilities.

    Needed changes, closure or demolition, land and resources administrative departments shall obtain the consent of consent.

    Article 36th in geological disaster prevention and control engineering survey, design, construction, supervision, shall have corresponding qualifications, and responsible for the quality of its work or.

    37th in treatment costs too high or difficult to control the residents in hazardous areas of geological hazards, relocation should be made to avoid.

    The people's Government above the county level should according to the actual situation, with full respect for the wishes of the people, select relocation.

    Relocation site selection should also steer clear of possible geological disasters areas, trying not to occupy or less occupation of agricultural land, to avoid causing damage to nature reserves, protection of drinking water sources.

    Fifth chapter of mining geological environment protection

    Article 38th when applicants apply for a mining license of the mining right shall entrust a qualified units of mining geological environmental protection and rehabilitation programmes, have the right of approval approval of the Administrative Department of land and resources.

    Mining geological environmental protection and control of the rehabilitation programme the main content and programming in accordance with the relevant standards.

    39th mining mining right changes size, mode of mining areas or mining should be reworked mining geological environmental protection and control of the rehabilitation programme, and the original approval authority. 40th mining rights should be paid in full and in accordance with the relevant provisions of mining environmental restoration margin.

    Earnest money set aside, and deposit, Qinghai province, and managed in accordance with the implementation of the measures for the administration of mining environmental restoration margin.

    41st of mining right in mine production process or in front of a closed, closed, closed, should be based on mining geological environmental protection and control of the rehabilitation programme, completed the rehabilitation work of the mine geological environment, and meet the following criteria:

    (I) for excavation, collapse, piled up, pollution of land is backfilling and flattening or modification, have returned to other available, suitable for plant growth;

    (B) trenching, and exploration wells, boreholes, roadway has been closed, or filled;

    (Iii) refurbishment of the slope of open pit mining, rock and implement green, no landslide, landslide, debris flow and other artificial geological disaster hazards;

    (D) the disposal of various types of waste produced by mining activities meet national standards;

    (E) surface water and groundwater recovery, restore underground aquifers to ex status.

    42nd people's Governments above the county level environmental protection, land and resources administrative departments, in conjunction with other relevant administrative departments in accordance with mining geological environmental protection and rehabilitation programme requirements, responsible for closed, closed, closed the mine geological environmental protection and control in acceptance of the restoration project.

    Article 43rd to trenching, pitting, exploration of mineral resources, exploration right after the end of mineral exploration activities have not yet applied for mining rights, legacy of exploration resources in the process of drilling, exploration, trenching, roadway formation of dangerous rocks, dangerous slope should take the appropriate measures, rehabilitation.

    The sixth chapter legal liability

    44th article violates these rules, laws, regulations, rules and penalties from its provisions.

    Article 45th construction units, the mining rights holder is not to land and resources administrative departments submitted to the annual report of the geological environment treatment rehabilitation, land and resources administration departments at or above the county level ordered to submit; fails to submit, and fined 1000 Yuan and 10,000 yuan fine.

    46th article violation this approach provides, occupation, and damaged or unauthorized mobile geological environment monitoring and the geological remains protection facilities and logo of, by County above land resources administrative competent sector ordered stop violations, deadline recovery undisturbed or take remedy measures, caused loss of, compensation loss; and can on personal sentenced 100 Yuan above 2000 Yuan following fine, on units sentenced 1000 Yuan above 10,000 yuan following fine.

    47th related departments above the county level people's Governments and their staff, in geology and environmental protection work in any of the following circumstances, monitored by the competent departments or agencies shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) geological disasters caused by natural factors in accordance with the provisions of organizational governance;

    (B) refused to publish or delay publication of geological hazard forecast and early warning;

    (C) failing to organize geological disaster control project and the acceptance of mining geological environment control project;

    (D) other acts of abuse of authority, dereliction of duty or engages in.

    The seventh chapter by-laws

    48th article of the approach is the meaning of the following special terms: Geological relics, and refers to the period of Earth's geological history, and preserve non-renewable, is of great scientific or geological heritage of ornamental value.

    Main: tectonic, stratigraphic fossils, geological landforms, typical sites of geological disasters and so on. Geological disasters, refers to naturally occurring and human-induced, endangering lives and property of the public security of geological phenomena.

    Are: collapse, landslide and debris flow, ground subsidence, ground fissures, subsidence, etc.

    Danger of geological disasters, carrier activity indication of refers to geological disasters significantly, and may result in more casualties and serious economic losses of geological hazards in disaster areas.

    Geological disaster-prone areas, refers to the formation of geological hazards of geological and geomorphological conditions and in the presence of natural, man-made and other forces, and areas prone to geological disasters.

    49th the specific problems in the application of these measures, the Department of land and resources administration is responsible for the interpretation. 50th these measures shall come into force on February 1, 2004.