Lanzhou Municipal People's Government On The Revision Of The Yellow River In Lanzhou Urban Planning Area The Decision Of Sand Mining Management Interim Provisions

Original Language Title: 兰州市人民政府关于修改《兰州市城市规划区黄河河道采砂管理暂行规定》的决定

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(June 29, 2006 Lanzhou City Government 11th times Executive Conference considered through October 12, 2006 Lanzhou City Government makes [2006] 10th, announced since announced of day up purposes) Municipal Government decided, on Lanzhou city city planning district Yellow River River mining sand management provisional provides according to following provides for modified: a, and further clear management subject of competent duties and related sector of management duties, specification management program, strictly management responsibility.
    The second, in urban planning area in the Yellow River Channel sand mining administration increased comprehensive urban management enforcement sector.
    Third, in the increase in mass of the regulations for the Yellow River in Lanzhou urban planning illicit, illegal sand excavation report acts of bonus content.
    Four, the relevant administrative department issuing modifies the corresponding license to the municipal construction administrative authority approval of the urban planning area of the Yellow River sand mining.
    Five, combines urban style lines of the Yellow River Management and management of city appearance and environmental regulations, modify the scope of taking sand in river channel of the Yellow River against a planned urban area.
    Six, in violation of the relevant provisions of the urban planning area of the Yellow River sand mining in specific acts, composed of comprehensive urban management enforcement departments will be punished according to law.
    Seven, to related articles, paragraphs, order, contents are properly grouped and adjusted on the wording further specification.

    Eight, the planned urban area in Lanzhou Yellow River Channel sand mining management interim provisions be revised according to this decision, republished. Attached: Lanzhou city city planning district Yellow River River mining sand management provisional provides (2006 amendment this) (April 23, 2003 Lanzhou City Government makes [2003] 2nd, released according to October 12, 2006 Lanzhou City Government makes [2006] 10th, Lanzhou City Government on modified straddling Lanzhou city city planning district Yellow River River mining sand management provisional provides of decided Amendment) first article to strengthening this city city planning district within Yellow River River mining sand management,
    Protection of flood control and navigation safety, rational mining of river sand and gravel resources in accordance with the relevant provisions of laws and regulations, combined with the city's actual, these provisions are formulated.
    Second, urban planning, these provisions are applicable to the present Yellow River Channel sand mining management in the region.
    Urban planning area within the river channel of the Yellow River in these rules (hereinafter referred to as the urban river channel of the Yellow River) refers to: Yellow River new city Bridge East, mulberry gap West of the Yellow River railway bridge in Lanzhou section of the Yellow River.
    Third municipal construction administrative departments of urban Yellow River Channel sand mining management, is responsible for implementation of this provision.
    City transport, land and natural resources, law enforcement, environmental protection and other relevant administrative departments, shall, within the scope of their respective statutory functions and powers, urban Yellow River Channel sand mining management in public security Department is responsible for the security of urban Yellow River Channel sand mining management, crack down on criminal acts of illegal sand mining activities.
    Municipal water conservancy administrative departments are responsible for the unified supervision of urban Yellow River Channel sand mining management.
    Downtown River district and county governments along the river and the Township people's Governments shall, in accordance with their respective functions and powers, in collaboration with the Yellow River Channel sand mining management in the administrative areas of related work.
    Article fourth Yellow River sand and gravel resources in the urban area owned by the State, any unit or individual is prohibited by any illegal means to seize or destroy.
    Sand excavation management should follow the benefit of flood control and drainage, dredging and strictly controlled, paid use and orderly extraction, the principle of the protection of the environment.
    Urban Yellow River Channel sand mining is allowed to damage channel infrastructure and stability of Riverbed will not affect the channel infrastructure and construction.
    Urban Yellow River all within the spillway, prohibition of sand washed sand.
    Fifth article of any unit and individual shall have the right for urban river illegal sand mining activities to the municipal building, law enforcement and other competent administrative departments to report relevant administrative departments to verify the reported content is implemented, should give awards to informants.
    Sixth in the urban areas of the Yellow River sand mining shall be obtained for sand excavation right, sand mining rights should be made through open bidding.
    The specific measures for sand excavation right to bid by the municipal construction Administrative Department in conjunction with the relevant administrative authorities, submitted to the municipal people's Government for approval.
    Seventh of municipal construction Administrative Department shall, in conjunction with the traffic Administrative Department, land and resources administrative departments to determine the sand and sand mining related matters within that section.
    Sand mining operations shall including sand mining ranges, sand the term total, sand, sand specifications and environmental protection requirements, reject treatment and so on.
    Sand section and related matters should be submitted to the municipal water conservancy Administrative Department.
    Eighth article River mining sand right bid who should has following conditions: (a) has meet national technology specification requirements and by statutory test and registration of river mining sand job ship and mining sand equipment; (ii) has sound of security job and financial management, internal regulations; (three) has corresponding of professionals and has qualification of crew; (four) related legal, and regulations, and regulations provides of other conditions.
    Nineth pursuant to the provisions of sand right sand mining operators should be in accordance with law, transportation, land and resources, environmental protection, water conservancy administrative departments to handle relevant formalities by the municipal construction administrative approval by the competent departments for urban Yellow River Channel sand mining.
    Tenth Article urban Yellow River River of following range within, ban mining sand: (a) city drinking water surface water and the underground water primary and secondary reserves range within; (ii) across River Highway and railway bridge, and port, and Terminal, and ferry, and River Dam and natural slope, and water Xia across River pipeline and pipeline, and introduction yellow pumping station, building and the facilities of effective protection range within; (three) has may effect River potential stable or endanger channel, and water, and flood discharge engineering facilities and other river based facilities security of regional.
    Effective protection and security zones referred to in the preceding paragraph, by the municipal construction Administrative Department in conjunction with the municipal water conservancy, transportation, law enforcement, environmental protection, water supply, gas supply, power supply, communications, and other relevant departments and units, according to the relevant provisions of the relevant laws, regulations, rules, combined with the city's actual delineation, approval of the municipal people's Government announced after the implementation.
    11th urban Yellow River wood at lijiaxia hydropower station East, mulberry gap range West of the Yellow River railway bridge, without approval of the municipal people's Government, not sand.
    Provided for in the preceding paragraph due to river dredging in river channel of the Yellow River Management, dredging and sand mining along the Riverside road construction because it proves necessary, municipal construction Administrative Department shall, in conjunction with the municipal transportation, land and resources, and other relevant departments to put forward specific proposals, submitted to the municipal people's Government for approval, according to the provisions of article sixth, seventh.
    12th, seven or eight, 93-month flood control and flood season.
    Flood control in the main flood season, sand shall comply with the following provisions: (a) the prohibition of the use in sand land sand mining machinery and equipment, (ii) Yellow River water flow up to 3000 m/s, sand ship and machinery stop working and parking to traffic administrative departments and municipal construction administrative departments in specified waters.
    During the flood, should withdraw from the river sand ship and machinery equipment.
    13th River sand, shall be in line with the environmental requirements of advanced ships, equipment, and technology; the prohibition of the use of environmental pollution, backward and obsolete ships, equipment, and technology.
    14th article River mining sand, should comply with following provides: (a) according to approved of range, and term, and limited and the technology specification and environmental requirements for; (ii) shall not effect navigation and channel construction; (three) shall not to river within dumping, and abandoned garbage, and waste, and sewage and other waste; (four) mining sand ship security management of about provides; (five) mining sand job end Hou, according to river management of related provides and technology standard specification, timely Cleanup job site.
    15th strips of sand mining in material or waste should be shipped out of the river shall not be piled up in the river.
    16th article violation this provides, has following behavior one of of, by city Chengguan law enforcement administrative competent sector ordered stop violations, sentenced 20,000 yuan above 30,000 yuan following fine; caused loss of, also should ordered its bear compensation responsibility: (a) in urban yellow discharge road within mining sand wash sand of; (ii) not by this provides program made river mining sand right and approved procedures, unauthorized in Yellow River River mining sand of; (three) in ban mining sand range within mining sand of.
    17th a violation of this provision, any of the following acts by the municipal departments of law enforcement administration a rectification, fined 10,000 yuan and 20,000 yuan of the following penalties: (a) alter the approved scope, duration, amount of sand and other matter, (ii) violate the provisions of sand and flood in flood control.
    18th article violation this provides, not timely removal mining sand into material, and waste, or mining sand job Hou not by technology specification requirements timely Cleanup job site of, by city Chengguan law enforcement administrative competent sector ordered deadline corrected, sentenced 1000 Yuan above 5000 Yuan following fine; on in provides term within still not removal or cleanup of, by Chengguan law enforcement administrative competent sector on behalf of removal or cleanup, by needed costs by party bear.
    19th article violates this provision has not stopped penalty offences by the municipal departments of law enforcement administration in collaboration with other relevant departments, ordered to stop the operation, sand ship and equipment docked to a designated location, accept treatment.
    20th in violation of the provisions of any other act by the municipal construction administrative departments or other related administrative departments within their respective statutory functions and powers, in accordance with the relevant provisions of the relevant laws, rules and regulations will be punished.
    21st party municipal urban management enforcement administrative authorities or other relevant administrative department in accordance with the provisions of administrative penalty is dissatisfied, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.
    22nd of municipal construction Administrative Department staff and other relevant administrative departments, in river channel sand mining management in dereliction of duty, abuse of power, favoritism, and by their work units or higher authority, impose administrative sanctions; if the case is serious enough to constitute a crime, the attention of the judicial organs shall investigate the criminal liability. 23rd these provisions come into force on June 1, 2003.