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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(January 7, 2008 Hebei Province Government 93rd times Executive Conference considered through February 14, 2008 Hebei Province Government makes [2008] 3rd, announced since March 1, 2008 up purposes) first chapter General first article for strengthening River mining sand management, guarantees flood control and the involved river engineering security, according to People's Republic of China water, and People's Republic of China flood control method and People's Republic of China River Management Ordinance, about legal, and regulations of provides, combined this province actual,
    These provisions are formulated.
    Article in the province engage in sand mining and management activities in the administrative area, must comply with this provision.
    Sand in these rules refers to River (Lakes, reservoirs and artificial waterways, flood diversion work, flood, flood) management within the excavation of sand, Earth and the gold rush activities.
    Article water Administrative Department of the people's Governments above the county level shall be responsible for the supervision and management of sand mining in the administrative area.
    By the provincial people's Governments or provincial water conservancy administrative departments approved the setting of river management institution, within the jurisdiction of the sand mining exercise such supervision and control according to law.
    Finance, public security, transport, land and natural resources, industrial and commercial administration and production safety supervision and management departments in accordance with their respective responsibilities, assist in river channel sand mining supervision and management of related work.
    Fourth people's Governments above the county level shall strengthen the administrative management of sand mining in the leadership, organization, coordination, of sand mining management in the law dealing with major problems.
    Chapter on sand mining plan fifth water Administrative Department of the people's Governments above the county level shall be in accordance with the flood control planning, treatment planning, and status of preparation of sand excavation planning of river.
    Sand excavation planning related to railways, roads, waterways, electricity, communications and other facilities, the scope of protection, shall solicit the views of the relevant departments.
    Sixth article main line Hong River of mining sand planning, by Province Government water administrative competent sector prepared; general line Hong River of mining sand planning, by set district of city or County Government water administrative competent sector prepared, reported Province Government water administrative competent sector review agreed Hou implementation; across set district of city general line Hong River of mining sand planning, by Province Government water administrative competent sector organization about set district of city prepared.
    Sand mining plan, once approved, must be strictly enforced; River, sand and gravel resources change, you need to modify sand mining plan, shall be submitted to the original examination and approval authority for approval.
    Seventh article River mining sand planning should including following content: (a) ban mining district and can mining district; (ii) ban mining period and can mining period; (three) mining sand control volume and mining depth; (four) mining sand way and mining sand equipment of control scale; (five) gravel screening field of layout and the control number; (six) abandoned material processing and site cleanup requirements; (seven) mining sand end Hou formed of river section provides.
    Eighth article River of following regional for ban mining district: (a) river flood control engineering, and river regulation engineering, and take drainage engineering, and reservoir hub, and hydrological observation facilities and culvert of management range and the security protection range; (ii) railway, and highway, and bridge, and Terminal, and channel, and lost gas pipeline road, and communications cable, and transmission line and subsidiary facilities of security protection range; (three) River top rushed paragraph, and dangerous and planning retained district; (four) has rock body landslide, and debris flow disaster of river and the vegetation good of solid Beach;
    (E) other mining areas should be prohibited by law.
    Nineth year from July 1 to August 15 for the ban period, from August 16 to June 30 for the recovery period.
    Due to changes in flood control, River, water projects in danger, water ecological environment has been destroyed or the river water not sand, water Administrative Department of the people's Governments above the county level river management permissions can be designated interim or temporary ban of mining area.
    Tenth people's Governments above the county level of river water conservancy administrative departments shall be forbidden district and ban period shall be published.
    No unit or individual shall, in the river's ban, the ban on sand mining activities. Sand mining permits article 11th chapter III engage in sand mining activities, shall apply to the Administrative Department of water sand mining license.
    Without administrative permission, without authorization, no unit or individual is allowed to engage in sand mining activities or the employer right to the sand.
    12th the river channel sand mining license applications must comply with the following conditions: (a) conform to the sand mining plan, (ii) sand having a legitimate and effective business license; (c) appropriate sand mining equipment and technical personnel; (iv) comply with the safety requirements of sand transport route (v) has no record of illegal sand mining.
    13th article application handle River mining sand license should submitted following information: (a) River mining sand applications; (ii) license and the applicants effective identity proved of copies; (three) River mining sand equipment and corresponding technicians of about proved file; (four) River mining sand project feasibility argument report and the experts review views; (five) and has interest relationship of third party reached of agreement. When the information submitted by the applicant and submitted copy shall also submit the original.
    Sand mining applicant shall be responsible for the authenticity of the data, concealing relevant information or provide false materials of cheat river channel sand mining license, 1 shall not be asked again in sand mining application.
    Sand mining by province water conservancy administrative departments under the people's Government of the application format.
    14th main flood river channel sand mining license approval by the provincial water conservancy administrative departments; General flood river channel sand mining license from the city or County Department of water administration in accordance with channel management permission approval. Article 15th sand accepted by the local people's Governments at the county level the water conservancy Administrative Department. Water Administrative Department of the people's Governments at the county level after accepts the application for sand mining, belongs to this approval, shall from the date of acceptance of the application decision whether or not to grant permission in the 20th, and river management agencies for the record.
    Does not belong to this level for approval, the County Water Conservancy administrative departments shall, from the date of acceptance of the 5th day of the trial. Belongs to district water administration of the municipal authorities, municipal water conservancy administrative departments divided into districts shall receive the County Water Conservancy administrative departments within 15th date of preliminary review opinions on whether to approve the decision, and river management agencies for the record.
    Belongs to the provincial approval, district municipal water conservancy administrative departments shall, from the date of acceptance of the 5th day of the trial, and river management institution.
    Belongs to the provincial water conservancy administrative departments, river management agency districts, review the comments received since the 5th should be made from the date of the audit opinion, provincial water conservancy administrative departments; provincial water conservancy administrative departments upon receipt of river management body of the audit opinion should make a decision on whether to approve 5th. 16th river channel sand mining license relates to other parts of the article, by the water conservancy administrative departments for approval. Since receiving the relevant Department of water conservancy administrative departments for comments after the letter should comment and response in 10th.
    Comment does not calculate the approval time required of sand within the term of the license.
    Laws and regulations on river channel sand mining approval as otherwise provided, in accordance with its provisions.
    17th the power of administrative approval of water conservancy administrative departments to meet the conditions of sand mining after the application is approved, sand mining licenses issued to the applicant and inform the police at the same level, transport, industry and commerce administration, production safety supervision and management departments; do not meet the conditions of sand mining application is not granted, it shall explain the reasons and inform the applicant in writing. Article 18th there are two or more applicants apply for sand mining on the same river, the water conservancy administrative departments should be implemented by way of open tender decisions of the river channel sand mining license.
    Its specific procedures in accordance with the provisions of relevant laws and regulations. 19th article engaged in river mining sand activities, must comply with following provides: (a) by river mining sand license provides of mining locations, and term, and range, and depth, and job way mining sand; (ii) at any time transit, and clear or complex flat sand stone and abandoned material heap body and the mining sand tunnel, flood shall not in river stacked gravel material; (three) transport gravel of vehicles by specified into appearances route driving; (four) shall not damaged water, and di top road, and hydrological observation facilities, and lighting facilities, and communications cable, and publicity brand, and pillar, and
    Mileage and river bio-protection engineering facilities; (e) during the ban period, the temporary ban, temporary ban on logging area, sand mining activities should be discontinued, and withdrawal of river sand mining equipment management; (vi) the original river channel sand mining license hanging in the sand or sand obvious location on the device, copy is retained for future reference.
    20th sand mining activities in the navigable waterway must submit to the waterway navigation safety requirements established by the Administrative Department and work area set up distinct job mark, guaranteeing unimpeded passage and navigation safety.
    Article 21st river channel sand mining license uniformly printed by the provincial water conservancy Administrative Department.
    Forgery, alteration or sale, mortgage, lease, lend or otherwise transfer of illegal sand mining license.
    River channel sand mining license expiration date shall not be more than one recovery period after a river channel sand mining license expired, river channel sand mining license shall automatically cease.
    Sand mining management in the fourth chapter fee collection and management within the 22nd in river management of sand should be in for sand mining licences in the 3rd annual mining volume of license a one-time standard sand mining licenses issued to sand mining management in the water conservancy administrative departments to pay the fee.
    No unit or individual shall pay sand relief management fees. Article 23rd sand mining management in the water conservancy administrative departments in charge after charge, should be according to the ratio solution on the following day, amount, level, one-time payment of collection and management of the financial institution designated bank account.

    24th rivers of sand mining management fees administrative fees should be incorporated into the integrated financial budget, the two lines of income and expenditure management. Sand mining management costs relate to the river and levee maintenance, construction and renovation of facilities management unit of the management fee.
    Balance can be carried forward to the next year to continue using, any Department or unit shall intercept or misappropriate it.
    Sand mining management in the article 25th fee collection standards, using administrative measures and solutions on the provincial governments for financial, pricing departments in conjunction with the provincial Department of water administration in accordance with the relevant provisions shall be formulated.
    Article 26th Hebei province water conservancy administrative departments shall, in accordance with the administrative fees regulations to the Department for a price premium license at the same level, and printed using the provincial financial Department (prison) system of administrative fees Bill.
    For violations of the provisions of the preceding paragraph, sand mining management in the fee has the right to refuse to pay charges. 27th units and individuals engaged in sand, obstacle clearing in river channel margin payments to water conservancy administrative departments, sand mining activities after the confirmation by the water conservancy administrative departments repair after passing sand excavation units and individuals clearing the entire security deposit will be returned.
    Sand units and individuals are not clearing, by the Administrative Department to clear the water, requirements for expenditures from the snag bonds shortfall by sand excavation units and individuals responsible for topping up.
    Fifth chapter 28th water administration under the people's Governments above the county level of supervision and inspection departments should strengthen supervision and inspection of river sand mining activities, investigate and deal with illegal sand mining Act in a timely manner.
    Any unit or individual finds of illegal sand mining activities, water administration under the people's Governments above the county level have the right to report to the competent authorities, the water conservancy administrative departments should promptly investigate and deal with.
    29th water Administrative Department of the people's Governments above the county level and their staff carrying out sand mining supervision and inspection duties, the right to take the following measures: (a) into the sand excavation investigation of workplace units or individuals, (ii) require sand units or individuals provide information relevant to the sand, (iii) order the sand units or individuals to stop illegal sand mining Act. Article 30th water Administrative Department of the people's Governments above the county level shall, in conjunction with public security, transportation, industry and commerce administration, work safety supervision and management departments, such as the establishment of joint law enforcement mechanisms, carry out law enforcement inspections on a regular basis.
    Found violations dealt with by the departments concerned in accordance with their respective responsibility according to law.
    31st water conservancy administrative departments should establish sand owner credibility system, owners of sand sand mining activities of archives and subsequent recovery period on sand mining application for review and an important basis for day-to-day supervision and management. Sixth chapter legal responsibility 32nd article County above Government water administrative competent sector and other about sector and staff has following behavior one of of, on has responsibility of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) not implementation has approved of river mining sand planning, and unauthorized modified River mining sand planning of; (ii) violation this provides approval River mining sand license of; (three) not perform this provides of supervision management duties,
    Sand mining caused disorder, or major security incidents, and (iv) not complying with the provisions on sand mining management charges; (e) withholding or misappropriating sand mining management fees; (vi) other acts of dereliction of duty, abuse of authority or engages in. 33rd article violation this provides 11th article provides of, by County above Government water administrative competent sector ordered stop violations, deadline recovery undisturbed; has illegal proceeds of, confiscated illegal proceeds, can and at illegal proceeds 1 time times above three times times following fine, fine highest limit in accordance with about regulations provides implementation; no illegal proceeds or illegal proceeds cannot calculation of, can and at 5,000 yuan above 10,000 yuan following fine; late not recovery undisturbed of, temporarily buckle, and sealed or demolition mining sand job tool,
    By the water conservancy administrative departments at and above the county level to restore, the costs borne by sand excavation units and individuals constitutes a crime, criminal responsibility shall be investigated according to law. 34th article violation this provides 19th article subsection (a) items, and subsection (ii) items, and subsection (three) items, and (four) items, and subsection (five) items provides of, by County above Government water administrative competent sector ordered stop violations, deadline recovery undisturbed; has illegal proceeds of, confiscated illegal proceeds, can and at illegal proceeds 1 time times above three times times following fine; no illegal proceeds or illegal proceeds cannot calculation of, can and at 2000 Yuan above 10,000 yuan following fine; late not recovery undisturbed of, temporarily buckle, and
    Sealed or removed sand mining tools, by the water conservancy administrative departments at and above the county level to restore, the costs borne by sand excavation units and individuals constitutes a crime, criminal responsibility shall be investigated according to law; losses caused, compensation according to law.
    35th in violation of provisions of the first paragraph of this article 22nd, water administration under the people's Governments above the county level authorities ordered to pay overdue payments, liable to a fine of less than 2000 Yuan and 10,000 yuan.
    Article 36th hinder law enforcement personnel performing official business according to law by the water conservancy Administrative Department, by the public security organs in accordance with the People's Republic of China public security penalty law constitutes a crime, criminal responsibility shall be investigated according to law.
    37th article of the People's Republic of China water and the People's Republic of China flood control law and the People's Republic of China rivers management regulations and other laws and administrative regulations on the sand of administrative penalty otherwise provided, in accordance with its provisions. Seventh chapter supplementary articles article 38th of these provisions come into force on March 1, 2008.
                                      August 24, 1989 of the Hebei provincial people's Government announced measures on sand mining management in the province abolished at the same time.

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