Implementation Measures For Sand Mining Management In The Yangtze River In Jiangsu Province

Original Language Title: 江苏省长江河道采砂管理实施办法

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(August 4, 2004 at the 36th Executive meeting of Jiangsu Province on August 13, 2004, people's Government of Jiangsu Province, released 25th, come into force on October 1, 2004) first in order to strengthen the management of sand mining in the Yangtze River, maintain the stability of river of the Yangtze River, guarantees safety of flood control and navigation, according to the People's Republic of China flood control Act, the State Council regulations on the management of sand mining in the Yangtze River, according to province, these measures are formulated.
    II waters in the Yangtze River in Jiangsu Province engaged in the exploitation of gravel (hereinafter "the sand mining along the Yangtze River") and management activities shall abide by these measures.
    Yangtze waters included in these measures in the territory of the province the Yangtze River, tongjiang River sluice gates have been built between Hong Kong di waters, tongjiang River has not been built sluices from the up 500-2000 meters of water in the Yangtze River estuary. Third sand mining along the Yangtze River must be carried out strictly in accordance with the unified plans of the country. No unit and individual shall ban, ban illegal exploitation of river sand.
    All the districts of the cities and counties along the Yangtze River (city, district) people's Government crackdown on illegal sand mining activities should be strengthened to protect the Yangtze River flood control and navigation safety.
    Article fourth provincial people's Government on sand mining in the Yangtze River Water Conservancy administrative departments a unified management, supervision and inspection, and related organizations, coordinate and guide the work.
    Along the city divided into districts, counties (cities and districts) Government Department of water administration in accordance with the regulations on sand mining management in the Yangtze River and the present regulations, specifically responsible for the administrative management of sand excavation in Yangtze River in supervision and inspection work. Management of the Yangtze River waterway of the Yangtze River Nanjing route Bureau, Maritime Bureau is responsible for the main stream of the Yangtze River in Jiangsu Province water environment and water traffic safety supervision and administration.
    Competent administrative departments of local people's Governments at or above the county level shall be responsible for the Yangtze River tongjiang river traffic safety supervision and administration, the public security Department is responsible for law and order on the Yangtze River water management, crack down on crime in sand mining in the Yangtze River activities. Article fifth sand mining along the Yangtze River State unified planning system.
    Provincial water conservancy administrative departments according to the country's Yangtze River sand mining plan and certified River sand mining feasibility study reports, development of sand mining along the Yangtze River in the province plan to implement programmes, submitted to the provincial people's Government for approval after announcement, and reported to the Yangtze River Water Conservancy Committee, the Yangtze River shipping administration record.
    Municipal districts along the water in accordance with provincial people's Government for approval by the Administrative Department of the Yangtze River sand mining plan implementation plan, sand mining along the Yangtze River planning implementation plans within their respective administrative areas, same level people's Governments agreed, submitted to the provincial people's Government, approved by the water conservancy Administrative Department Organization.
    Sand mining along the Yangtze River plans approved by the sixth national ban and ban from provincial people's Government to make an announcement.
    Province Government water administrative competent sector can according to this administrative within Yangtze River of water, and workers love, and flood, and channel changes, and navigation guarantees and management, need, according to guarantee River potential stable, and flood control security and River along engineering facilities normal using of requirements, in national Yangtze River mining sand planning determine of ban mining district, and ban mining period outside increased ban mining range, and extended ban mining term, reported Province Government decided Hou announcement.
    , Renovation of dikes of the Yangtze River Channel regulation of rivers and reclamation of solid base, reclamation of sand mining along the Yangtze River, the ban against sand mining along the Yangtze River plans, the ban on logging and sand mining equipment power limits. Article seventh sand mining along the Yangtze River to implement feasibility report system.
    Sand mining feasibility study report by mining district, responsible for the management of mining districts of municipal water conservancy administrative departments entrusted with water conservancy and hydropower engineering investigation and qualification units, organized by the provincial water conservancy administrative departments concerned departments and relevant experts to review as a basis for developing sand mining along the Yangtze River planning and implementation.
    Any of the following circumstances, sand mining feasibility study report by applying sand units or individuals entrusted with water conservancy and hydropower engineering investigation and qualification units: (a) for renovation of Yangtze River embankment fill solid base or harnessing of sand mining in the Yangtze River, (ii) for the purpose of sand mining along the Yangtze River waterway, (iii) reclamation of sand.
    Eighth article mining sand feasibility argument report should including following content: (a) mining sand range figure, and points coordinates and Shang a years flood Hou of water Xia topographic maps; (ii) mining sand River River potential, and river evolution analysis; (three) gravel source, and supplies situation and annual mining total of feasibility analysis; (four) gravel stacked locations or abandoned material processing programme of argument analysis; (five) mining sand on River potential and the flood control effect of argument analysis; (six) mining sand on navigation security effect of argument analysis;
    (VII) analysis of effects of sand mining on water environment; (h) sand excavation on communications, bridge, drinking the drain water of adjacent building and facility security impact analysis; (I) demonstration of concluding observations.
    Nineth sand mining in the Yangtze River through a licensing system should be established through bidding, auction and fair competition mining people, issued by the provincial water conservancy administrative departments river channel sand mining license. Sand mining along the provincial borders of critical section of the license issued by the Yangtze River Water Conservancy Committee.
    Provincial boundary of critical section range according to the scope defined by the water conservancy Administrative Department under the State Council Executive. Tenth Article engaged in Yangtze River mining sand activities of units and personal should to mining sand locations where of set district of city or County (city, and district) Government water administrative competent sector proposed application, and submitted following material: (a) applicants name, and address, and corporate representative (head), and enterprise code (ID), and application reason; (ii) mining sand ship ship name, and ship,, and owner name (name), and mining sand ship and crew certificate; (three) mining nature, and type, and locations and range (attached with range figure and points coordinates), and time, and depth
    , Type of sand mining, mining equipment, sand mining technicians, mode of operation, construction plan, reject treatment; (d) sand the applicant and the third party has an interest, agreements entered into with third parties or related documents.
    11th article along set district of city or County (city, and district) Government water administrative competent sector received mining sand application Hou should for review, has following case one of of, should since received mining sand application of day up 5th within, one-time told application mining sand of units or personal correction of all content: (a) mining sand applications content not full or fill note unknown of; (ii) should submitted mining sand feasibility argument report and no submitted, or mining sand feasibility argument report not meet requirements of;
    (C) No materials or related materials do not meet the requirements.
    12th article on application material meet Yangtze River mining sand planning, and province Yangtze River waters mining sand planning implementation programme and other conditions of, along set district of city, and County (city, and district) Government water administrative competent sector, should since received mining sand application of day up 10th within signed views Hou, reported Province Government water administrative competent sector approval; belongs to province inter border focus River of, Province Government water administrative competent sector since received application of day up 15th within signed views Hou turned reported Yangtze River water Committee approval.
    Approval authority shall, from the date of receiving the application for sand make a decision on whether to approve within 30th; approved, decisions should be made in rejection within 7th day of written notice to the applicant and the water conservancy Administrative Department, and state the reasons.
    13th due to renovation of Yangtze River embankment fill solid base and harnessing of sand mining in the Yangtze River, the construction unit shall submit the sand and sand mining license application feasibility study reports, and affix the approval of design documents and other related information, progressive provincial water conservancy administrative departments review and approval of the Yangtze River Water Conservancy Committee.
    For the purpose of sand mining along the Yangtze River waterway, it shall seek the Yangtze River Water Conservancy Committee, or provincial water conservancy administrative departments, and provide sand mining along the waterway feasibility study report, design and approval documentation and other related materials. Sand for land reclamation in mining activities from units and individuals should apply for river channel sand mining license.
    Single projects and sand reclamation scale of 100,000 tons of step by step water administrative authorities issuing; more than 100,000 tons, provincial water prior to the approval by the Administrative Department shall be submitted to the Yangtze River Water Conservancy Committee for examination and approval.
    14th ship sand mining license to pursue a certificate, original hanging position specified ship in the sand, copies retained on sand ship for future reference. Sand mining license validity period shall not exceed 1 mining period.
    River channel sand mining license has expired, or the cumulative amount of sand when it reached the total amount of sand sand mining permit, approval authority for the sand excavation permit shall be revoked, and announcements.
    Engage in sand mining in the Yangtze River the units and individual matters if required changes in river channel sand mining license, shall renew the sand mining license.
    15th due to sand mining in the Yangtze River between different administrative areas of dispute, consultations should be processed through consultation, United by a common higher level people's Government decision, all parties concerned must comply with.
    16th activities engage in sand mining in the Yangtze River unit and individual shall hold valid documents associated with the sand (book), sand mining ship shall be prominently marked, vessel name, vessel, device monitoring equipment, Placer power between 750 to 1500 horsepower, equipped with meet the requirements of ship operation, mechanical operation, such as sand mining technicians. Engage in sand mining in the Yangtze River the units and individuals shall establish and improve sand mining and distribution account, daily fill sand production statistics, within the prescribed period of mining in river channel sand mining license request to, and their job in sand mining area sign.
    Sand mining production statistics developed centrally by the provincial Department of water administration in accordance with law.
    Approved by sand mining area shall be established according to the relevant State provisions clearly marked. 17th article can mining period within, due to appeared effect Yangtze River River potential stable and flood control security of natural disasters or other major event, need suspended mining sand activities of, water administrative competent sector should notification mining sand units and personal stop mining sand activities, mining sand units and personal must obey; above causes elimination Hou, water administrative competent sector should timely told mining sand units and personal recovery mining sand activities.

    Article 18th along the local people's Governments at or above the county level administrative departments should strengthen the sand mining in the Yangtze River water management and supervision and inspection, are checked for sand units and individuals, owners and operators shall provide.
    Supervision check main content for: (a) whether holds legal effective of river mining sand license or about approved file; (ii) whether according to River mining sand license or approved file of provides for mining sand; (three) whether by provides paid Yangtze River River gravel resources fee; (four) whether by provides stacked gravel and cleanup gravel abandoned material; (five) mining sand ship, and shipped sand ship whether by provides Park; (six) should supervision check of other situation. 19th article following behavior is illegal mining sand: (a) not handle River mining sand license, unauthorized in Yangtze River mining sand of; (ii) is holds River mining sand license, but in ban mining district, and ban mining period mining sand or not according to mining sand license provides of requirements mining sand of; 20th article along County above place Government water administrative competent sector should strengthening water political monitored and law enforcement inspections, severe combat Yangtze River illegal mining sand activities.
    In the fight against illegal sand mining in the Yangtze River in the involved districts city and County river water conservancy administrative departments concerned can cross the border in pursuit and the investigation, local water administration shall cooperate with the competent Department; found in the provincial boundary of critical section of the illegal sand mining, can initially take sand ship and other temporary disposal measures for seizure, to the Yangtze River Water Conservancy Committee investigation. 21st prohibits all sand in the sand ship and recoverable period without taking sand in river channel sand mining license for shipping, local people's Governments at or above the county level shall, in accordance with the specified waters Park.
    Due to engaging in other business activities, and other special circumstances, and needs to leave the parking places, the city divided into districts, or County (city, district) people's Government approved by the water conservancy Administrative Department, and to dismantle sand mining equipment related to provincial borders an important section of the Yangtze River, before its ratification shall first seek the views of the Yangtze River Water Conservancy Committee.
    Ban will be allowed in residual sand ship.
    22nd in sand mining in the Yangtze River shipping sand and gravel units and individuals shall be shipped units and individuals holding a river channel sand mining license gravel mining.
    23rd District along the Yangtze River municipal water administration departments shall organize for the mining area in the Yangtze River in the administrative area of Riverbed changes before harvest, post-harvest monitoring and surveillance data reported to the provincial Department of water administration approval.
    Monitoring on the river changes shall be borne by the qualification of surveying and mapping units under b above water.
    24th engage in sand mining in the Yangtze River the units and individuals should pay the Yangtze River Channel sand mining license authority issued sand resource fees, no longer pay a fee for sand mining management and compensation fees for mineral resources.
    25th competent administrative departments of local people's Governments at or above the county level water along the Yangtze River sand mining in the Yangtze River monitoring reporting system should be established, published telephone hotlines for reporting illegal sand mining is true reward.
    Article 26th disobey article 13th without permission in the waters of the Yangtze River was reclaimed solid base and river sand mining, by the Department of water administration under the people's Governments at and above the county level shall be ordered to desist from the illegal act, and to a fine of up to 10,000 yuan and 30,000 yuan.
    27th in violation of the provisions of article 16th, by the Department of water administration under the people's Governments above the county level shall ex officio correction may be fined not more than 10,000 yuan and 30,000 yuan. 28th article violation this approach provides, not handle River mining sand license, unauthorized in Yangtze River mining sand of, by County above place Government water administrative competent sector, ordered its stop violations, confiscated illegal proceeds and illegal mining sand machines, and at 100,000 yuan above 300,000 yuan following of fine; plot serious of seized or confiscated illegal mining sand ship, on seized of illegal mining sand ship should in party perform administrative punishment decided Hou 5th within returned; on confiscated of illegal mining sand ship should law be auction,
    Not to auction or auction can be dismantled, destroyed in place.
    Violation of these rules, is a sand mining permit, but in the mining districts, ban-ban period sand, by the Department of water administration under the people's Governments at and above the county level shall, in accordance with the provisions of the preceding paragraph, and sand mining license withdrawn.
    29th ship loaded with sand on sand mining along the Yangtze River shipping illegal sand mining ships to steal mining of river sand, belong to illegal sand mining vessels jointly commit acts of illegal sand mining, punished in accordance with the methods provided for in article 28th.
    30th illegal sand mining activities of units and individuals refusing to accept treatment or flee the scene, competent administrative departments of local people's Governments at or above the county level water right to Park illegal sand drag the ship to a designated location, and dealt with according to law, charges incurred will be borne by the person responsible.
    31st article violation Yangtze River River mining sand Management Ordinance, and Jiangsu Province Congress Standing Committee on in Yangtze River Jiangsu waters is strictly prohibited illegal mining sand activities of decided or this approach of provides, by administrative punishment of, since administrative punishment decided made of day up one years within, shall not application engaged in Yangtze River River mining sand activities; which revoked mining sand license of, since revoked of day up two years, shall not application engaged in Yangtze River River mining sand activities.
    Article 32nd sand units and individual refuses or obstructs the State organs and their staff carry out their duties according to law, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 33rd State personnel in the management of sand excavation in Yangtze River favoritism, dereliction of duty, abuse of power, bribery, shall be subject to administrative responsibility of the persons concerned constitutes a crime, shall be investigated for criminal responsibility by judicial organs.
    Management on sand mining in the area is due to poor management work order and cause major losses or serious effects, by the higher people's Government directly responsible to the accountability of officials and administrative responsibilities.
    34th article violates these rules, and under other relevant sectoral mandates, relevant departments shall punish.
                                                                                        35th article of the rules take effect on October 1, 2004.

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