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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

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Decision of the Government of the People of Blue Heavy Province on the revision of the Geological Environmental Protection Approach of Blue Sea Province

(Summit No. 49th Standing Committee of the People's Government of the Blue Heavy Province, 6 November 2009, considered the adoption of the Ordinance No. 72 of 23 November 2009, on the date of publication)

In accordance with the relevant laws, regulations, such as the People's Republic of China Mineral Resources Act, the Geological Disaster Control Regulations, the Provincial Government decided to amend the Geological Environmental Protection Approach in Blue Sea Province as follows:

Paragraph 1 of Article 3 reads as follows: “The geological environmental protection upholds the principles of protection, reasonable use and who develops who protect, who undermines the governance and who invests”.

Delete paragraph 2.

Article 7 amends as follows: “The administrative authorities responsible for the preparation of plans for geological environmental conservation use in the current administration area, report on implementation after approval by the Government of the current people and report back to the top-level territorial resource administration authorities. The geo-environmental environmental conservation utilization planning across the administrative region is prepared by the executive authorities of their common parentland resources.”

In addition, as paragraph 2, “[t]he approved geological environmental conservation use planning shall not be subject to self-imposed changes and shall be submitted for approval by the former authorized authority”.

Article 23, paragraph 2, was replaced with article 17 with the amendment to read as follows: “No unit or individual shall be allowed to carry out his/her own movement, intrusion, damage to geological environmental monitoring and the protection of facilities and symbols of geological monuments”.

The title of chapter IV was amended to read: “Core disaster prevention”.

Article 22 was replaced with Article 21, article 23, paragraph 1, as amended by article 21, paragraph 2: “The Government of the people at the district level should set a clear warning mark on the boundaries of the geological disaster risk area”.

Article 26 was replaced with article 23, paragraph 1, which reads as follows:

Delete paragraph 2.

Article 27: “Europes in geological disaster risk assessment should be carried out at the time of feasibility studies, as part of the feasibility study; the feasibility study does not contain the results of the geological disaster risk assessment and shall not approve its feasibility studies.”

“In preparing urban and rural planning in geological disaster-prone areas, geological disaster risk assessments should be conducted in the planning area.”

Article 8 adds that, as article 28, “The risk assessment unit of geological disasters shall be evaluated as to the possibility of creating a geological disaster and the possibility of causing a geological disaster after its construction, propose specific preventive measures and be responsible for the assessment of the results”.

Article 29: “Every individual constructs a small-scale (construction) for the production of life in low-community areas of geological disasters, such as the building of homes or livestock squatters, etc., which may not be subjected to or triggered by geological disasters, as confirmed on the ground by the territorial resource authorities at the district level.”

Article 31 was replaced with article 32, paragraph 3, which reads as follows: “In the event of large and medium-sized geological disasters, the territorial administrative authorities of the district-level natural resources should report within four hours and within 12 hours to the Government of the people at the district level and to the executive authorities of the country's resources at the highest level, and report to the provincial people's Government and the territorial authorities of the province.

Article 31, paragraph 5, was replaced with article 34, paragraph 1, which reads as follows: “The geological disasters caused by natural factors need to be managed and large geological disasters are governed by the territorial authorities of the province, which organize governance with the State (territorial, municipal) people's Government; and medium-sized geological disasters, which are managed by more than the people at the district level. Units and individuals threatened by geological disasters should actively assist and cooperate with governance.”

Paragraph 2 was amended to read: “The geological disasters arising from the production, construction and other activities of mines are governed by the time limit of the responsible units”.

Article 12, article 36, was replaced with article 35, with the deletion of paragraph 1.

Paragraph 2 was replaced with paragraph 1 to read as follows: “The Government's investment in geological disaster management works are completed by the territorial authorities at the district level and above. Other geological disaster management works were completed by the responsible unit, which should involve the territorial resource administrative authorities when completed.

Article XIII, Additions, as Article 37, “Removals should be avoided for the inhabitants of the dangerous areas of geological disasters that are overheaded or difficult to manage”.

“The Government of the people at the district level shall, in accordance with the reality, fully respect the will of the mass and choose the way of relocation”.

“The choice of the relocation point should avoid the possibility of merging areas where geological disasters may occur, to the extent that they are not occupied or occupied by farmland, and to avoid causing damage to natural protected areas and water sources.

Chapters XIV, chapter V were amended to read: “The geological environmental protection of mines”.

Article XV, an increase of one article, reads as article 38: “In the case of a mining owner's application for a mining licence, a unit with the corresponding qualifications should be entrusted with the preparation of a geological environmental protection and governance recovery programme for the mined mountain, which is approved by the territorial resource administration authorities with the authorization”.

“The main elements of the geological environmental protection and governance recovery programme in the mined areas are implemented in accordance with national norms.”

Article XVI, adds that, as article 39, “Reducing the scale of extraction, the scope of the mined area or the means of exploitation, the geological environmental protection and governance rehabilitation of the mined areas shall be re-established and submitted to the approval of the former approving authority”.

Article 40: “The Mining Power shall fully pay the compensation for the restoration of environmental governance of the mines in accordance with the relevant provisions. The payment, storage, use and management of the bonds are carried out in accordance with the Restructuring of Environmental Governance in Mini Province.”

Article 41: “The mining rights shall be completed in accordance with the geological environmental protection and governance rehabilitation programme of the mines, in accordance with the geological environmental protection and governance rehabilitation programme, and shall meet the following criteria:

“(i) Reforestation, devastation, pressure, pollutant or contaminated land has been restored to other available conditions, such as the appropriate plant and fauna;”

“(ii) The search tanks, drilling, stomaching, hiding, etc. have been closed or returned;”

“(iii) To renovate the slope of open-air mining, endangered rocks, etc., and to implement greenization, with no landslides, downturns, muds and others being hidden as geological disasters;”

“(iv) The various types of wastes generated in the disposal of mining sites meet national standards;”

“(v) Restructuring of surface water, groundwater quality and the return of underground aquifers to pre-receptive conditions.”

Article 49, Addition of article 42: “The environmental protection of the environment, the administration of land resources at the district level, and other relevant administrations are responsible for the identification of geological environmental protection and governance rehabilitation projects in mined areas, in accordance with the requirements of the geological environmental protection and governance rehabilitation programme for mines”.

XX, an increase of article 43: “Everview of mineral resources, including through tanks, fact sheets, the prospector has not applied for mining rights after the completion of the mineral resource survey activities, and to take appropriate measures to restore governance in the course of the survey resource process.”

Article 55: “The construction unit, the mining authority did not submit the annual report on the rehabilitation of geological environmental governance to the territorial resource administrative authorities, which was sent by the territorial authorities at the district level for a period of time; and the failure to pay for a fine of more than one thousand dollars.”

In violation of this approach, article 46 reads as follows: “In violation of the provisions of this scheme, the seizure, destruction or unauthorized movement of geological environmental monitoring facilities and signs of protection of geological monuments, by the administrative authorities of the Territory's resources at the district level, the suspension of the offence, the period of recovery of the status quo or remedial measures, resulting in loss, compensation, and the imposition of a fine of more than two thousand dollars for the individual and the imposition of a fine of more than one thousand dollars for the unit”.

In addition, as article 47: “The relevant departments and their staff at the district level, in the context of the geological protection of the environment, are redirected by their superior authorities or by an inspectorate; in serious circumstances, administrative disposition is given by law to the competent and other direct responsible personnel directly responsible; and criminal responsibility is lawful:

“(i) Inadequate management of geological disasters resulting from natural factors;”

“(ii) To refrain from issuing or renewing the release of geological disaster forecasts;”

“(iii) Non-compliance by law with the identification of geological disaster management works and the rehabilitation of geological environmental governance in mines;”

“(iv) Other abuses of powers, omissions, provocative fraud.”

Article 49: “The specific problems in the application of this approach are explained by the provincial authorities of the territorial resource administration”.

XXV, delete articles 17, 18, 27, 34, 39, 40, 41 and 43.

In addition, the order and part of the provisions are adjusted and modified accordingly.

This decision is implemented since the date of publication.

The Geological Environmental Protection Approach in the Blue Heavy Province was re-published in accordance with this decision.

Annex: Geological environmental protection approaches in Blue Heavy Province (as amended in 2009)

(Act No. 37 of the People's Government Order No. 37 of 3 December 2003 on the revision of the Decision of the Government of the Blue Sea of 23 November 2009 on the revision of the Geological Environmental Protection Approach in Blue Hear Province)

Chapter I General

Article 1, in order to protect geological environments and geological monuments, combat geological disasters and guarantee sustainable economic and social development, and develop this approach in line with the relevant laws, regulations and regulations.

Article 2 applies to activities such as geological environments, the protection of geological monuments, the use and control of geological disasters in the administration of the province.

Article 3. Ge environmental protection upholds the principles of protection of priority, reasonable use and who develops who protects, who undermines their governance and who invests.

Article IV governs the harmonization of geological environmental protection efforts, with sub-sector responsibility.

The Provincial Government's Land Resources Administration is responsible for the monitoring of geological environmental protection throughout the province. The authorities of the National Land Resources Administration in the State (territorial, municipal, district) are responsible for the management of geological environmental protection in the present administration.

The relevant administrative authorities, such as housing urban and rural construction, environmental protection, transport, water and forestry, are able to carry out geological environmental protection within their respective responsibilities.

Article 5 encourages units and individuals to contribute, invest in geological environmental protection and geological disaster prevention.

Any unit and individual have the obligation to protect the geological environment and the right to stop and report acts that undermine the geological environment and trigger geological disasters. The information on the pre- geological disasters should be reported in a timely manner on the relevant administrative authorities, such as local people's Government or land resources.

The relevant administrative authorities, such as the Government of the people at the district level or the resources of the land, should promote the scientific knowledge of geological environmental protection and geological disaster prevention and public access to basic ways of avoiding disaster prevention, emergency response. Grants are given to units and individuals that make significant achievements in geological environmental protection.

Chapter II

Article 7 Geological environmental conservation utilization planning across the administrative region has been developed by their common top-level territorial resource administration authorities.

The approval of geological environmental protection plans shall not be subject to self-imposed modifications and shall be submitted to the approval of the approved organs.

Article 8. Planning for the use of geological environmental protection should include the state of the geological environment, the environmental protection and use of geological hazards, the control of geological disasters, the rehabilitation of the geological environment of mines, the use and protection of geological monuments.

Article 9. The Government of the above-mentioned people at the district level and the relevant administrative authorities shall seek the views of the same authorities of the administration of land resources when approving the relevant planning relating to the content of geological environmental protection.

Chapter III Geological environmental monitoring and protection

Article 10

units engaged in geological disaster management should monitor the already existence of geological disaster risk situations and establish emergency response measures.

Article 11. The construction unit, the mining authority assumes responsibility for the recovery of the geological environment damaged by construction, mined mining activities, and submits the annual report on the recovery of geological environmental governance to the administrative authorities of the Territory's resources at the district level of the project and receive oversight checks.

Article 12 Exploitation of resources such as hydrocarbon resources, liquid salts and geothermal water, mining rights shall carry out geological environmental monitoring in the mine area and, as required, inform the territorial authorities of the provincial land resources.

Article 13 above of the Territorial Resources Administration is responsible for organizing the geo-environment monitoring of the current administrative region, establishing a geological disaster monitoring early warning system, providing timely forecasts for major geological disaster risk situations; and establishing a water resource development system to prevent excessive mining and contamination of groundwater.

The geological environmental monitoring body, affiliated to the provincial authorities, is responsible for organizing monitoring forecasts for the implementation, guidance for major geo-disaster situations throughout the province, important watersheds, water conditions in the main towns and the geodesy sites in the province, and the geological environment, such as priority mines.

Article 14. The provincial authorities of the Land Resources Administration issued annual geological environmental bulletins based on geological environmental monitoring information.

Article 15. The Government of the people at the district level is responsible for the publication of the directory for the protection of geological monuments in the present administration. The following geological monuments should be protected and protected symbols were established:

(i) Geological landscapes with significant appreciation or scientific value;

(ii) Geology or footprints with significant value;

(iii) Guangthropic sites or archaeologists with significant scientific values and their place of origin;

(iv) Minerals, rocks and their typical place of origin with special value;

(v) There are typical and specially important water resources or geological sites;

(vi) Other geological monuments that require protection.

Article 16 provides for geological monuments of international, domestic or regional significance, which can be established in accordance with the provisions of the National People's Republic of China Regulations on the Management of Nature Reserves or Geological parks.

No units or individuals shall be allowed to carry out their own mobile, intrusive, destroy the geological environment monitoring and geological monuments.

Chapter IV

Article 18 deals with geological disasters, upholds the prevention of cohabitation, implements who triggers governance and reduces human-induced geological disasters.

Article 19 Governments of the people at the district level should establish and improve the leadership of the Government for the prevention of geological disasters, the management of responsibilities by government authorities, the focus on monitoring responsibility for disaster prevention, specifying specific sectoral and responsibilities, and implementing long-term monitoring and emergency preparedness measures for disaster risk sites to specific units and personnel.

Article 20 Governments of more people at the district level should strengthen geological disaster control and include geological disaster control funds in local financial budgets.

Geological disaster control funds are used to cover geological disasters in the region, to establish a network of sound mass speculations and to disperse residents of geological disaster risk areas.

The Provincial Geological Disaster Control Fund is used for the construction and investigation, governance of the state-wide early warning system for geological disaster prevention and forecasting.

Article 21 Governments of the population at the district level should delineate, in accordance with geological disasters, information on the hazardous areas of geological disasters, geological disaster-prone areas in the present administrative region, in a timely manner, to the community of information on geological disaster hazards and geological disaster-prone areas.

More than the people at the district level should set clear warning signs on the boundaries of the Hazard Zone.

In addition to the management of geological disaster engineering, other engineering construction is prohibited in geological hazard areas.

Article 22 above of the Territorial Resources Administration shall monitor the implementation of measures to destroy the geological environment, trigger or exacerbate geological disasters in the present administration and the precautionary measures in geological disaster risk areas.

Units and individuals subject to inspections should provide information if they are actually reflected.

Article 23 of the Territorial Resources Administration at the district level should be made available to the Government of the same people after approval by the Government of the same people, in accordance with the provisions of the Geological Disaster Control Regulations.

Article 24 Geological disaster risk forecasts (representatives) or pre-disaster forecasts are presented by the relevant administrative authorities, such as the Land Resources of the Government of the Territory, at the district level, with the Provincial Geological Environmental Monitoring Agency, to be published by the same people's Government.

The mass monitoring point is forecasted by the authorities of the territorial Government or by organizations entrusted to it.

Article 25 states and communes of the geological disaster-prone areas should establish monitoring systems and cluster-based defence networks, establish emergency prevention measures, strengthen the phase of the cascause, improve the risk response system and make it possible to avoid disaster risk prevention. Where necessary, specialized monitoring stations should be established and specialized monitoring should be established.

Article 26 units, organizations and villages (communities) in geological disaster-prone areas and in hazardous areas should be organized and strengthened by day-to-day observations, identifying the timely reporting of relevant administrative authorities, such as local peoples' Governments or land resources.

The local people's Government should strengthen its guidance and risk-taking efforts and establish emergency relief, evacuation and resettlement measures in accordance with reality.

Article 27 Work construction in geological disaster-prone areas should be carried out at the feasibility study stage, as part of the feasibility study; the feasibility study does not contain the results of the geological disaster risk assessment and does not approve its feasibility studies.

In the preparation of urban and rural planning in geological disaster-prone areas, geological disaster risk assessments should be conducted in the planning area.

In an assessment of the risk assessment unit of geological disasters, an evaluation should be made of the possibilities for construction work to be harmed by geological disasters and the possibility for the construction of a post-commercial disaster. Specific preventive measures are proposed and accountable for the assessment.

Article 29 builds on small-scale construction (construction) for the production of life by individuals in low-hazard areas of geological disasters, which may not be affected or triggered by geo-disaster risk assessment, as confirmed by the territorial authorities of the district.

Article 33 Construction and mining should prevent the triggering or exacerbation of geological disasters, in accordance with geological disaster risk assessment requirements.

Separate protection measures should be taken to prevent the trigger or aggravation of geological disasters and to destroy the geological environment.

Article 31: The risk assessment unit of geological disasters should have the corresponding professional technicians with specialized technical equipment.

In the event of geological disasters, local, commune and relevant administrative authorities should report on the disaster preparedness reporting system based on geological disasters, and promptly dislocate relief to field organizations.

The relevant units in the area of disaster and individuals should immediately report geological disasters to the local people's Government or the territorial authorities.

In the case of large and medium-sized geological disasters, the territorial authorities of the district-level land resource administration should report to the provincial population and provincial authorities on the administrative authorities for the resources of the Territory within four hours and within 12 hours.

Article XXIII, construction, mining, causing damage to the geological environment or triggering, exacerbating geological disasters, as well as the identification of pre-disaster, hidden, responsibilities should report to the local authorities on land resources in a timely manner and take recovery and governance measures, or take immediate measures to avoid disaster risk reduction and prevent the expansion of disaster.

Article 34 geological disasters caused by natural factors require governance, and large geological disasters are governed by the Provincial Territorial Resources Administration, which organizes governance with the Government of the State (land, city); and medium-sized geological disasters, which are managed by the Government of the people of the district. units and individuals threatened by geological disasters should actively assist and cooperate in governance.

geological disasters arising from the production, construction and other activities of mines are governed by the time limit of the responsibility unit.

After the completion of the geological disaster management works in which the Government invests, the territorial resource administrative authorities at the district level organize the test. Other geological disaster management works have been completed by the responsible units, which should be attended by the territorial resource administrative authorities.

Expropriation and destruction of geological disaster management works facilities are prohibited. There is a need for change, closure or removal, with the consent of the territorial resource administrative authorities.

Article 36 Conducting the survey, design, construction, treasury activities in geological disaster control works should have the corresponding qualifications and be responsible for the results or quality of their work.

Article 37 should be relocated to the population in the dangerous area of geological disasters that are overheaded or difficult to manage.

The Government of the people at the district level should, on the basis of reality, fully respect the will of the mass and choose the way of relocation.

The choice of relocation points should be avoided in areas where geological disasters may occur, to the extent possible, or to the extent that agricultural land is not occupied, and to avoid damage to natural protected areas and to water sources.

Chapter V

In applying for a mining licence, the holder of the mining authority should be entrusted with the preparation of a geological environmental protection and governance rehabilitation programme for the mined areas, with approval by the territorial authorities of the authorized authority.

The main elements of the geological environmental protection and governance recovery programme in the mines are implemented in accordance with national norms.

Article 39 Changes in the size of mining, the scope of mines or the manner of exploitation should be re-established and the rehabilitation programme for geological environmental protection and governance in mined areas should be submitted to the approval of the pre-approval authority.

Article 40 The mining owner shall pay a return bond for environmental governance in the mines in full in accordance with the relevant provisions. The payment, storage, use and management of the bonds are carried out in accordance with the Restructuring of Environmental Governance in Mini Province.

Article 40. Demining persons in the production of mines or in the pre-emption, closure, closure of the pit, shall complete the process of governance of the geological environment of mines, in accordance with the geological environmental protection and governance rehabilitation programme of the mines, and meet the following criteria:

(i) Removal, devastation, pressure, contaminated land has been re-entry, re-engineering or renovating, and has been restored to other available conditions, such as the appropriate heads of plants;

(ii) The search tanks, drilling, stomaching, hiding, etc. have been closed or returned;

(iii) To renovate the brinking of open-air mining, the jeopardy, etc., and to implement greenization, with no landslides, downturns, mudges and others hidden as geological disasters;

(iv) The various types of wastes generated in the disposal of mined mining activities meet national standards;

(v) The surface water, groundwater quality has been restored and the aquifers are restored to pre-receptive conditions.

In accordance with Article 42 of the Convention, the authorities of the Land Resources Administration and other relevant administrations are responsible for the collection of geological environmental protection and governance rehabilitation projects in mined areas in accordance with the requirements of the Geological Environment and Governance Recovery Programme.

Article 43 examines mineral resources, including through tanks, pit searches, and the prospector has not applied for mining rights after the completion of the mineral resource survey, and should take appropriate measures to restore governance in relation to the drilling, drilling, ventilation, turmoil, turmoil, turmoil, turmoil and turmoil.

Chapter VI Legal responsibility

Article 44, in violation of the provisions of this approach, stipulates that the laws, regulations and regulations are subject to penalties.

Article 42 Construction units, mining rights have not been reported to the land, resource administrative authorities to the annual report on the recovery of geological environmental governance, which is sent by the administrative authorities of the Territory's resources at the district level to a deadline of up to one million yen.

Article 46, in violation of this approach, provides for the intrusion, destruction or unauthorized movement of geological environment monitoring and geological monuments protection facilities and signs, which are punishable by the administrative authorities of more than one thousand dollars of the unit, for example, by an administrative authority responsible for the territorial resources of the District.

Article 47

(i) The management of geological disasters resulting from natural factors is not governed by the provisions;

(ii) To refrain from issuing or renewing the release of geological disaster forecasts;

(iii) Non-compliance by law with the identification of geological disaster management works and the rehabilitation of geological environmental governance in mines;

(iv) Other abuses of authority, omissions, provocative fraud.

Chapter VII

The meaning of the following terms of this approach is:

Geological monuments refer to the formation and preservation of irrenewable natural heritage that has significant scientific research or value of geodetic value during the history of geo geologicalization. Majorly: geological formations, geomorphology, geological landscape landscapes, and typical geological sites.

Geological disasters, which are naturally generated and man-made, endanger public life and property security. Majorly: landslides, landslides, mudslides, landslides, rifts and ground deposition.

Geological disaster risk zones, which refer to the gigagrams of activity in geological disasters, will result in higher loss of life and serious economic losses.

Geological disasters are vulnerable to disasters, which refer to areas where geological geospatial conditions exist for geological disasters and, under the natural, man-made business.

Specific issues in the application of Article 49 of this approach are explained by the Provincial Territorial Resources Administration.

Article 50 is implemented effective 1 February 2004.