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Provisions On Sand Mining Management In Hebei Province

Original Language Title: 河北省河道采砂管理规定

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(Adopted at the 93rd ordinary meeting of the Government of the Northern Province on 7 January 2008 [2008] of the People's Government Order No. 3 of 14 February 2008]

Chapter I General
Article 1 guarantees the safety of flood and river-related works, in line with the relevant laws, regulations, such as the Water Act of the People's Republic of China, the People's Republic of China Act on the Prevention of Hunger and the People's Republic of China River Regulatory Regulations, which are in practice in the province.
Article 2 engages in river sand and management activities within the territorial administration and must comply with this provision.
The present provision refers to the activities of the river (including lakes, water banks, man-made waterways, flooding, lags, lags, lags) within the management of the rivers (including lakes, garettes, water banks, manoeuvres and gold).
Article 3
The management of the river system, which was approved by the Government of the Provincial People or by the territorial Government's Water Administration, is governed by the law governing the management of rivers.
In accordance with their respective responsibilities, financial, public safety, transport, land resources, business administration, safe production supervision management assists in the management of sand surveillance in the river.
Article IV. Governments of more people at the district level should strengthen their leadership in the management of the rivers in the current administration area, with relevant organizations, coordination and legal treatment of key issues in the management of the rivers.
Chapter II
Article 5
The content of river sand planning relates to the scope of protection of facilities such as railways, roads, roads, electricity, communications, etc., which should be consulted.
The extraction planning of the main rivers under Article 6 is prepared by the provincial authorities of the Government of the Sudan's water administrations; the screening of shrines in the general Shelter, developed by municipal or district-level government water administration authorities in the districts, followed by the review of the consent of the territorial Government's water administration authorities; and the extraction planning of the general rivers across the urban area is planned by the territorial Government's water administration authorities.
River sand planning has been approved and must be strictly enforced; changes in the distribution of sand resources require changes in the management of rivers and approval by the original approval authority.
Article 7
(i) A restricted area and an extractive area;
(ii) The duration and the period of sampling;
(iii) The depth of sand control and mining;
(iv) The extent of control over the use of sand and sand equipment;
(v) The number of hierarchies and controls;
(vi) To abstain from processing and on-site clearance requirements;
(vii) The divergence of rivers that were developed after the end of the sand.
Article 8
(i) The area of management and security protection of the river protection, river therapy, drainage engineering, water treasury, hydrological observation facilities and cover gates;
(ii) Safety protection of railways, roads, bridges, terminals, routes, gas pipelines, communications cables, transmission lines and their subsidiary facilities;
(iii) The axes, the risks and the planning of the reserved area;
(iv) Scillary downturns, rivers for cements and well-being beds;
(v) Other areas that should be prohibited by law.
Article 9. The period from 1 July to 15 August shall be prohibited every year, from 16 August to 30 June of the following year.
In cases such as flood prevention, river change, water work risk, damage to the water ecological environment or water drainage, the territorial Government's water administration authorities may delineate the temporary nodule area or provide for a provisional ban.
Article 10
No units and individuals shall be allowed to carry out river sand sampling activities in the restricted areas of the river.
Chapter III
Article 11 engages in river sand sampling activities and shall apply to the water administration authorities for the licence of the river. No unit or individual shall be allowed to do so without administrative permission.
Article 12 The application for the licence of the river shall be subject to the following conditions:
(i) To be in line with the river's bathymetry planning;
(ii) There is a legal and effective licence for the use of shrines;
(iii) There are relevant sand equipment and corresponding technicians;
(iv) There is a safe-required route of sand transport;
(v) There is no record of shrines.
Article 13 requires that the following information be submitted:
(i) The application for shrine;
(ii) A copy of the business licence and the valid identity certificate of the applicant;
(iii) Relevant supporting documents of sandal equipment and associated technical personnel;
(iv) Reports on the feasibility of the river shrine and expert evaluation;
(v) Agreements with third parties of interest.
When the applicant submits the above information, the submissions should be accompanied by the first. The slacken applicants should be responsible for the authenticity of the submissions, for concealing the information or providing false material for the licence of the river, and for a period of one year no further application for the river be made.
The application of the river is produced in the form prescribed by the territorial Government's water administration authorities.
The main rivers of Article 14.
Article 15 applies for the use of river sands by the territorial Government's water authorities. Upon receipt by the territorial Government of the water administration authorities of the river, it belongs to the approval at this level and shall make a decision on whether the licence is granted within 20 days of the date of receipt of the application and to report back to the management body of the river. Without the approval at this level, the territorial Government's water administration authorities should submit the first instance opinion within 5 days of the date of receipt.
The territorial Government's water administration authorities, which belong to the establishment area, shall make a decision on whether or not it has been approved within 15 days from the date of receipt of the first instance of the territorial Government's water authorities and report back to the river management body. As a matter of provincial approval, the territorial Government's water administration authorities in the establishment area shall submit their first instance opinions within 5 days of the date of receipt and report on the management of the river.
As approved by the provincial Government's water administration authorities, the management of the river system, within 5 days of the date of receipt of the municipal review opinion of the establishment area, shall make a review of the approval of the territorial Government's water administration authorities; and the decision of the Government's water administration shall be taken within 5 days of the approval.
Article 16 governs other sectors, with the approval of the water administration authorities in the same sector. The sector should provide advice and feedback within 10 days after receiving a request from the water administration authorities. The time required for consultation is not to be calculated for the time period for the approval of the royalties.
The laws, regulations and regulations have been applied in accordance with their provisions.
Article 17, the water administration authorities with administrative authorizations, after approval of the conditioned rivers, shall grant the applicant a licence to the river and inform the same sectors as public security, transport, business administration, security production monitoring, etc.; and apply for non-approved rivers that are incompatible with conditions, shall justify the reasons and inform the applicant in writing.
Article 18 has more than two applicants for the same paragraph, and the water administration authorities should make decisions to implement the river's licence through public solicitation. Its specific procedures are implemented in accordance with the relevant laws, regulations.
Article 19
(i) The location, period, scope, depth and operation of the mining requirement under the river's licence;
(ii) Retransfer, clearance or rehydration of sandals and slots and sampling of sand pits, and the period of the river shall not be released;
(iii) The transport of shyed vehicles is routed by the designated route of access;
(iv) The construction facilities, such as water engineering works, axes, hydrological observation facilities, lighting facilities, communications cables, publicity cards, community spaces, miles and river biological protection, shall not be damaged;
(v) In the area of banners, interim banners and temporary bans, rivers should be stopped and shattered equipment will be removed from river management;
(vi) Accreditation of rivers is now clearly placed on the beds or shattered equipment and a copy is retained.
Article 20 is required to carry out rivers in the naviaway to be subject to the safety requirements established by the administrative authorities of the navigation and to establish clear operational symbols in the area of operations to guarantee the safety of navigation and navigation.
Article 21 permits for the use of the river are compiled by the territorial Government's water administration authorities.
It prohibits the use of sand licences for falsification, alteration or sale, mortgage, rent, borrowing or other illegal transfers of rivers.
An effective period of time shall not exceed one sampling period, and after the expiry of the period of effectiveness of the river's licence, the licence of the river has no effect.
Chapter IV
Article 2 shall be taken in the context of the management of the river and shall pay to the water administration authorities of the rivers in full, by a lump-sum contract for the annual mining of the whole of the licensor of the river within three days of the receipt of the licence.
No unit or individual shall be allowed to pay royalties.
Article 23, after the water administration authorities collect royalties from rivers, shall be divided on a second day, amount, grade, and one-time cashes for the bank accounts designated by the financial charging agencies.
Article 24 of the river shrine management fee is an administrative cause and should be integrated into the financial integrated budget, with income and expenditure management. River sand management costs are incurred in the maintenance of the river and the slack engineering works, the renovation of the construction facility and the management of the management unit. The balance funds may be used for the next year and no sector or unit shall be stopped and diverted.
Article 25 Standards of leakage, the use of management methods and the proportion of the top-down rates are established by the Ministry of Finance, the price authorities, in accordance with the relevant provisions.
Article 26
In violation of the preceding paragraph, the collaborators have the right to refuse payment of royalties.
Article 27 provides units and individuals engaged in river sands and shall pay to the water administrative authorities the river's bonuses, and, after the end of the sand activity, the water administrative authorities have confirmed the qualifications of the impairment, the bonuses will be returned in full to the sampling units and individuals. The shattered units and individuals are not clear-cut, which are cleared by the water administration sector, and the costs incurred from the Handow Guarantee Fund are not partially filled by the extractive units and individuals.
Oversight inspection
More than twenty-eight people's government water administration authorities should strengthen monitoring of the sandstorage activities and promptly detect violations.
Any unit and individual found that the violation was committed to the use of rivers and had the right to report to the authorities of the water administration at the district level and to the water administration authorities in a timely manner.
Article 29 empowers the water administration authorities and their staff members to take the following measures when they perform their duties under the river's sand surveillance.
(i) To investigate the place of production of shattered units or individuals;
(ii) To request the transmission of information relevant to river sands, either by shine units or by individuals;
(iii) Accelerating shattered units or individuals to stop violations of shrines.
Article 33 Government water administration authorities at the district level should establish joint law enforcement mechanisms with sectors such as public security, transport, business administration, safe production control, and conduct regular enforcement inspections. It was found that the offence was dealt with by the relevant authorities in accordance with their respective responsibilities.
Article 31 shall establish a system of reputational credibility of the rivers, establish archives for the use of shrines, and serve as an important basis for the review and day-to-day supervision management of the next sampling river.
Chapter VI Legal responsibility
Article 32 of the Constitution contains one of the following acts by the authorities of the territorial Government and other relevant departments and their staff, and administrative disposition by the responsible supervisors and other persons directly responsible, in accordance with the law.
(i) Execution of the approved irrigation planning and self-imposed modifications to the rivers;
(ii) Approval of shine licences in violation of this provision;
(iii) Failure to perform the oversight responsibilities under this provision, resulting in a confusion in the river's sand order or a major safety liability accident;
(iv) No royalties for the management of rivers as prescribed;
(v) Separation and misappropriation of royalties;
(vi) Other acts of negligence, abuse of authority, favouring private fraud.
Article 33, in violation of article 11 of this provision, shall be subject to an order of cessation of the violation by the territorial authorities of the Government of more than one thousand people, the period of restitution, the confiscation of the proceeds of the law, the confiscation of proceeds of the violation shall be subject to a fine of up to three times the proceeds of the violation, the maximum penalty shall be imposed in accordance with the relevant legislation; the absence of proceeds of the conflict or the inadmissibility of the proceeds of the violation may be liable to imprisonment of more than one million yen fines; and the failure to release the original, the closure or removal of the operation, and the cost of the administrative authorities for the rehabilitation of the crime.
Article 34, in violation of article 19, subparagraphs (i), (ii), (iii), (iv), (v) and (v) of this provision, shall be subject to an order of cessation of the offence by the administrative authorities of the above-mentioned people at the district level to recover from the date of the offence; the confiscation of proceeds of the violation shall be subject to a fine of more than three times the proceeds of the violation; the absence of proceeds of the violation or the non-calculation of the proceeds of the violation may be calculated; and the release of the death penalty shall not exceed one thousand dollars.
Article XV, in violation of article 22, paragraph 1, of the present provision, shall be paid by the administrative authorities responsible for water at the district level for the period of time, and shall be liable to a fine of more than one million dollars.
Article 36, which impedes the enforcement of official duties by law enforcement officials of the water administration, is dealt with by public security authorities in accordance with the Law on the Suppression of the Financing of the People's Republic of China, which constitutes an offence and is criminally prosecuted by law.
Article 37 of the People's Republic of China Water Act, the People's Republic of China's Act on Hun Yamazaki and the Regulations on the Management of the River Rivers of the People's Republic of China are also provided for by the administrative sanctions imposed on rivers.
Chapter VII
Article 33, paragraph 1, was implemented effective 1 March 2008. The Northern Province of River Basin was repealed by the Government of the People of 24 August 1989.