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Nanning Municipal People's Government On Amending The Decision Of Sand Mining Management In Nanning City

Original Language Title: 南宁市人民政府关于修改《南宁市河道采砂管理办法》的决定

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(Adopted at the 35th ordinary meeting of the Government of the Southen City on 15 February 2008, No. 12 of the Decree No. 12 of 21 March 2008 on the date of publication)

In accordance with the relevant provisions, such as existing laws and regulations, the Government of the city decides to amend the Shelter Management Approach to the Southen River to read as follows:
I. Delete Article 12, paragraph 3, “Black of sand permits, mining permits” for the introduction of an annual review system. Licences without trial are nullified”.
Article 8, paragraph 1, adds the word “other than otherwise provided by law, regulations and regulations”.
iii. Delete article 18, “Removal of the charge of the deposit by the relevant provisions”.
In addition, the order and language of some provisions were amended.
This decision is implemented since the date of publication.
The Southen River Basin approach was revised accordingly in accordance with this decision.

Annex: Hands management approach in the Southen River (as amended in 2008)
(Act No. 20 of 12 January 2004 of the People's Government Order No. 20, as amended by the Decision of the Government of the South Innin on 21 March 2008 on the revision of the Société Resistance Management Approach to the River Southen City)
Article I, in order to strengthen the renovation and management of the Southen River River, rationalized the excavation of shrines to guarantee the safety of river trajectory and navigation, and to develop this approach in line with the provisions of the Laws such as the Rivers Regulation of the People's Republic of China and the provisions on the management of the rivers of the Greater Self-Government Zone.
Article 2 of this approach refers to the use of sands, stones, and drieds (including the extraction of other metals and non-metallic).
Article 3. The water administration authorities are responsible for the uniform management and supervision of the rivers.
The municipal water administration authorities are responsible for the supervision of the district (zone) border rivers, the Kyi Triang River and the three shores.
The territorial (zone) water administration authorities are responsible for overseeing the management of shrines, in addition to the above-mentioned provisions.
The sectors such as land, public safety, transport and planning, within their respective mandates, cooperate with the water administration authorities in the management of sandstorage.
Article IV sets out a unified planning system for river sands. River sand planning should take full account of the requirements to prevent hunger and to secure navigation.
River sand planning has been developed by the municipal water administration authorities or by units entrusted with the quality of the water-hydro engineering survey, and is presented to the Government of the city for approval and presentation of the top-level water administration case following observations from the sectors such as land, transport, planning.
River sand planning has been integrated into urban overall planning, following a comprehensive balance between municipal planning authorities.
River sand planning has been approved and should be strictly enforced. There is a need for amendments to be submitted for approval in accordance with the relevant provisions.
Article 5
(i) A restricted area and an extractive area;
(ii) The duration and the period of sampling;
(iii) Total annual sand control;
(iv) The quantity of control of sand vessels in the area of sampling.
Article 6
Article 7.
The ban on toxic hazardous substances was used.
In the case of the rivers where water has reached the level of water conservation, sand operations are prohibited.
Article 8 shall be obtained through tendering, auctioning, except as otherwise provided by law, regulations and regulations.
The municipal, district (zone) water administration authorities should develop tenders, auctions programmes with the land, finance and other sectors, with the consent of the city, district (zone) people's government, with the participation of the water administration authorities.
The owner of the river is lawfully operated and is punished by the executive branch for more than two (two) administrative penalties within one year without the participation of the most recent solicitation, auction activity.
Article 9 shall pay royalties, mineral resources compensation, as prescribed.
The solicitation, the auction should include royalties, mineral resource compensation.
The city's administrative authorities entrust the municipal water administration with the payment of mineral resources.
The mineral resource compensation rate is integrated into national budgets and is administered with specific management. Ship management fees and other tenders, the proceeds of the auction are included in the financial pool, which are determined by the Government of the city.
The following Article 10 is not subject to tendering and auctions, and the royalties shall be removed after the consent of the water administration authorities of the shrine:
(i) The need for shrines for flooding;
(ii) Individual construction requires a small number of sands;
(iii) Indocidal dredging from the route, rivers need to extract sands and bulldozers within the framework of river management.
Article 11 provides a licence regime for river sands.
The bidder, the buyer, upon request from the solicitation, the auction programme, submitted an application to the water administration after the payment of the relevant solicitation, the auction costs, and the water administration authorities were transferred to the territorial administration within three working days from the date of receipt of the request. The water administrative authorities and the territorial administration authorities have, within 10 working days of the date of receipt of the application, issued a licence for sewerage, mining licences.
Article 12 shall contain the name of the owner (name), the number of vessels, the name of the vessel and the vessel, the nature, scope, quantity, depth and the manner in which the mining is disposed of, among other things, matters and content.
The period of effectiveness of the licence of the river and the mining licence shall be consistent with the length of use of tenders and auctions.
Article 13. Prohibitions forfeiture, alteration or sale, rental, borrowing or otherwise transfer of the river's licence, mining licences.
Article XIV units and individuals involved in river sands should be exploited at the request of the licence.
The units and individuals involved in river sands need to change the matters and content of the licence determination and should be reproduced.
Article 15. The water administration authorities should strengthen the monitoring of shrines, conduct real-time monitoring of the sampling sites, the total extraction of sands, the depth of mining and the manner in which they operate, and regularly entrust the water mapping units to monitor the changes in the beds.
The licensee shall write the licence and make a public notice when the licence expires or has accumulated sands to meet the total quantity of the licensed.
Natural disasters or other major events that affect the stability of the River River River and the protection of the safety of the flood during the period may be taken, requiring the suspension of shattering activities, which can be declared by the licensee to suspend the effectiveness of the river; and, after the elimination of the above, the licensee shall declare the validity of the licence.
Article 17 Hard vessels are harmonized by municipal water administration authorities.
All shine vessels entering the rivers during the time of the ban and the sampling period that did not have access to the river's licence, should be stopped at designated locations by the water administration authorities. There should be no justification for leaving the designated place.
Ships are prohibited in the restricted area. The exception of temporary lags due to an accident or the discharge of sand.
Article 18, in violation of this approach, provides for the non-recognition or non-convention of the range, quantity or time frames determined by the river's licence, to be converted by the water administrative authorities and to take remedial measures, to dismantle illegal sand equipment and forfeiture of proceeds of illicit origin, and to impose a fine of more than 1000 dollars; in serious circumstances, the seizure of illegal shattered vessels and stoves and the imposition of fines of more than 100,000 dollars.
The period of suspension shall not exceed 30 days. All persons (managed) who were temporarily deducted within the time limit were not treated, and the water administration authorities were treated in accordance with the law and issued a notice in the media above the municipal level. At the end of the announcement, the owner (the manager) of the disposed of the goods was still not subject to treatment, and the subject matter was sold by law. The resulting costs were deducted from the costs of the auction, the sale, the fine, etc. and were deposited for a period of five years.
They were shipmented for knownly stolen rivers, with a fine of more than 500 dollars.
Article 19, in violation of article 13 of this approach, provides for a licence write-off procedure by the water administration, the territorial administration authorities, and a fine of $50 to $100,000. In violation of the sentence, criminal responsibility is prosecuted by law.
Article 20, in violation of article 17, paragraph 2, of the present approach, is modified by the time limit of the responsibility of the water administration authorities, dismantled sand equipment and may be fined by €300,000.
Article 21, in the context of the management of the river, incests, injuring the owners of the sand, in calling for “blacks”, should be punished by the public security sector, in accordance with the provisions of the Law on the Safety and Security of the People's Republic of China; and in violation of the sentence, criminal responsibility is held by law.
Article 2 is one of the following acts, which is being redirected by the inspectorate or at the highest level by the executive body, and administratively disposed of the responsible supervisors and other direct responsibilities by law, in violation of the sentence, by law:
(i) Reimbursement of sand planning or in violation of the sand planning organization;
(ii) The solicitation, auctions shall be made without tendering, auctions or no decision to be taken on the basis of tenders, auctions.
Article 23 of this approach is implemented effective 1 March 2004.