Shenyang Sand Management

Original Language Title: 沈阳市采砂管理办法

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(June 25, 2007, Shenyang city people's Government Executive meeting of the 7th review on July 10, 2007, Shenyang city people's Government, the 72nd release as of August 1, 2007) the first to regulate sand mining, meet the needs of urban development, protecting natural resources and the ecological environment, according to the People's Republic of China Law of mineral and the People's Republic of China rivers management regulations and other laws and regulations, combined with the city's actual, these measures are formulated.
    Article engage in sand mining in the administrative area of the city, should comply with these measures.
    Third gravel mining in these measures refers to units or individuals and to dredge the sand below the surface on the surface, used for commercial interests.
    Fourth of municipal, district and County (City), gravel, Department of geology and mineral resources administration is responsible for the mineral resources development, utilization, protection and supervision and management.
    District and County (City) Government, industry and commerce, public security, forestry and water conservancy, environmental protection, safety, administrative law-enforcement departments shall, in accordance with their respective responsibilities, such as good management of sand mining.
    Five Governments at all levels and relevant departments should be encouraged to report illegal gravel mining Act and to the confidentiality of the source. Sixth gravel mining rights through bidding, auction and listing fee to use manner.
    To obtain mining rights can be transferred according to law.
Article seventh Department of geology and mineral resources administration responsible for sand and gravel mining plan, delineation of district boundaries, preparation of reserve reports, approved gravel reserves and set a reasonable number of mining enterprises. Involving of Instream sand mining, by the river administrative authorities according to the flood control, flood discharge, dredging needs, ensuring cross-(put) under River pipeline, the safety of bridges and culverts and hydraulic engineering, development of river sand mining plan, delineation of the mining area and the mining area, determine the amount of mining, mining depth and duration of sand.
    According to the hydrology and weather conditions, the publication ban predicted.
    Article eighth mining rights mining gravel shall be to the competent administrative Department of geology and mineral resources of the applicant to apply for a mining license.
    Instream sand mining is involved shall, before going through the mining permit to the competent administrative Department for mining of river sand license. Nineth mining license by district and County (City) level and above issued by the competent administrative Department of geology and mineral resources. TRANS-mining of sand by the municipal departments of geology and mineral resources administration or its designated area, County (City) level issued by the competent administrative Department of geology and mineral resources.
    District and County (City) departments of geology and mineral resources administration approving mining licenses should be reported to the municipal administrative departments of geology and mineral resources.
    Tenth Article mining right applicants handle mining license Shi needed submitted following about information: (a) mining right application registration book and mine range figure and the delineation views; (ii) occupied mineral reserves registration form; (three) mineral resources development using programme and the approved file; (four) by approved of mine construction project file or mining River gravel of approved file; (five) by environmental protection sector approved of mine environment effect evaluation file; (six) by safety supervision management sector approved of safety evaluation report;
    (G) the mining rights of paid transfer confirmation; (h) the business sector on the mining business name prior approval written notice, (I) laws and regulations need to submit additional material.
    11th Administrative Department of geology and mineral resources should be in line with provisions of article mining rights of applicants for mining applications, pay the fee, mining licence shall be issued within 5 working days.
    Applicant does not meet the requirements of mining rights, departments of geology and mineral resources administration shall, within 3 working days to reply not for mining permits, and informed on the grounds.
    12th in deal with mining licenses, the competent administrative Department of geology and mineral resources, shall inform the mining rights the applicant do safety production license, business license and approval procedures, such as soil and water conservation.
    Mining right after completing all the certificate the applicant shall, before implementation of the mining activities. 13th over gravel mining enterprises mining geological environment system.
    People closed in accordance with the relevant provisions of the mining right, after passing the inspection, security deposit be refunded. 14th approved mining mining rights shall be in accordance with the approved programmes.
    During the mining period and shall perform annual inspection, change of mining rights and other procedures. 15th gravel mining right transfer may not exceed 3 years. Expired need to continue mining, mining right 30th in advance apply to the approval authority.
    Deadlines extended mining right is not applied for, considered giving up mining rights, provided after the expiry of the Department of geology and mineral resources administration written off in accordance with law.
    16th mining right to close or shut down mining companies, shall be closed in accordance with the relevant provisions and land reclamation, revegetation and environmental protection.
    Cannot be closed, recovery of geological environment, with the exception of the Department of geology and mineral resources administration according to the provisions of the present article 20th penalties, security deposit will not be returned, to restore the geological environment. 17th against the basic farmland, green spaces, woodlands, water sources and engage in sand mining activities within the nature reserve.
    Location on the special circumstances in land exploitation of gravel, land and resources administrative departments shall first adjusting land-use planning, approval for requisitioned land back after selling mining rights.
    18th have not acquired mining license, without a sand mining activities or beyond the approved range for sand mining activities in mining areas, the Department of geology and mineral resources administration order to stop illegal confiscation of their illegal exploitation of minerals and the illegal gains and fines of between 50,000 yuan and 100,000 yuan.
    Article 19th exceeding the prescribed period has not been built mining or fails to apply for continuation, modification or cancellation of registration, the Department of geology and mineral resources administration a rectification, it fails, revoked its mining permit.
    Article 20th destructive exploitation of gravel, causing destruction and waste of mineral resources, the Department of geology and mineral resources administration revoked its mining permit in conjunction with relevant departments, and fines of between 50,000 yuan and 100,000 yuan.
    Article 21st person not complying with the provisions of the mining right closed, land reclamation or revegetation, the Department of geology and mineral resources administration order the closure, restoration of geological environment and fined a maximum of between 100,000 yuan and 30,000 yuan.
    22nd unlawful sale and purchase, lease or otherwise transfer of mining rights, the Department of geology and mineral resources administration confiscated, revoked its mining permit, and fines of between 50,000 yuan and 100,000 yuan.
    23rd violates these rules mining gravel, causing severe damage to mineral resources, ecological environment cannot be repaired, to constitute a crime, criminal responsibility shall be investigated by judicial organs. 24th article violates these rules mining gravel, result in significant harm to the person and property of others, and shall bear the liability for damages.
    Serious enough to constitute a crime, criminal responsibility shall be investigated by judicial organs.
    25th article the various relevant government departments and staff negligence, fraud, abuses or malpractices for personal gain, by the Inspection Department shall be subject to administrative liability constitutes a crime, criminal responsibility shall be investigated by judicial organs. 26th a party refuses to accept the decision on administrative penalty, may apply for administrative reconsideration, or directly to a people's Court.
    If no application for reconsideration, nor by the parties to a lawsuit, nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution.
    27th district in these measures the Government and departments including the development zone management committee and relevant departments.
                            28th article of the rules take effect on August 1, 2007.

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