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Administrative Measures On Sand Mining In Shaanxi Province

Original Language Title: 陕西省河道采砂管理办法

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(Act No. 100 of the People's Government Order No. 100 of 17 June 2004), which came into force on 1 August 2004)

Article 1 guarantees the safety of all types of engineering facilities within the framework of river sand protection and river management, in accordance with the provisions of the Water Law of the People's Republic of China, the People's Republic of China River Regulatory Regulations and the Insolvency Management Regulations of the Republic of China.
Article 2 takes rivers within the administrative areas of this province and must be respected.
The approach refers to activities such as sandslides, access to land and dried gold within the management of rivers (including lakes, water banks, artificial waterways).
Article 3. River sands should be subject to the overall arrangement for flood prevention and the requirement for river management. The principle of security is ensured by the application of unified management, combined with decentralized management, comprehensive planning, planned mining, total controls.
Article IV governs the management of the rivers over the executive heads of the Government. More than the people at the district level have a general responsibility for the use of sands in the current administration area, the river, the river and the responsibilities of the descendants and the management of the river.
The Government's water administration authorities at the district level are responsible for the integrated management and monitoring of rivers in the present administration.
The river management unit is entrusted by the same-level water administration to assume the management of the rivers in the present administration.
The management and supervision of the rivers within the framework of the management of the treasury area in the province is responsible for the management and oversight of the river.
The public security sector is responsible for the administration of shrines, for violations of the management of the security, for the use of policing penalties and for the lawful fight against the criminal acts of shying.
Any unit and individuals have the right to report to the authorities of the Government of Water Administration at the district level, the management structure of the three archaeological districts and other relevant departments. Departments and agencies that receive reports should be checked in a timely manner.
Article 6. The water administration authorities should prepare river-based sand planning in accordance with the status of the river's flood prevention, rehabilitation and river. The contents of the river shrine planning include the delineation of extractive areas, the restricted area, the duration of the ban, the depth of the extraction of the river and the number of sandds and the BB, the sampling of sand planning syntheses.
The content of river sand planning relates to the scope of facilities such as railways, transport, electricity, communications, etc. and should be consulted by the management concerned.
Article 7.
The rivers in the tropolitan area of the city's administration, the following river bathrooms in the Lo River Droit, were developed by the authorities of the three junta in the province, approved by the territorial Government's water administration authorities; other rivers within the framework of the management of the three archaeological area, organized by the territorial Government's water administration authorities to organize the relevant district, municipal, territorial and local governments' water administration authorities, and approved by the authorities of the province's three archaeological districts to report back to the provincial authorities.
Other rivers in the province, rivers are planned by the territorial Government's water administration authorities, with the approval of the territorial Government's water administration authorities.
River sand planning has been approved and must be strictly enforced. Changes in the management of the river and the distribution of sand resources are required, and the approval of the ex-approval body should be reported.
Article 8. The muds of the river from the dam of the sodium to the mouth of the Mao River, in the town of Handang, from the town of Vu, to the subsament of the ocean district, and in the Beach of the Bangon dam from 1 June to 30 September of each year, the river was banned. Other river bans are determined by the relevant municipalities, districts and the people of the region.
The following areas are prohibited:
(i) The scope of the management of water works such as river protection, river rehabilitation works, water treasury, hydrological observation facilities, cover gates and access to water, drainage and safety protection;
(ii) The axes, the hazardous work, the risk, the berm, the shores, the planning of the reserved area, and the river beds outside the river;
(iii) Safety protection of engineering facilities such as railways, roads, bridges, terminals, communications cables, gas pipelines and cables;
(iv) Other needs to be delineated as a restricted area.
The delineated restricted areas are published by the Water Administration and have established a clear ban on the vehicle facility management unit.
No unit or person is prohibited from carrying out river sands in the restricted and restricted areas.
Article 9. The executive authorities of the city, the district and the people of the region, in accordance with the resupply of the river, the extent of the river's beds, the range of changes in the twoshores and the impact of the sand on the prevention of flooding, propose a comprehensive programme prohibiting sands in rivers or rivers, reporting back to the Government of the people at the current level and submitting the top-level Government's water administration case.
Article 10 is governed by the law.
The units and individuals of the rivers located in the tropolitan area of the city's administration, the diametery of the Lobby River, which should be submitted to the management body of the three Kyhoc region of the province.
In the river run directly by the territorial Government's water administration authorities, the units and individuals of the sand should apply to the territorial Government's water administration authorities.
The units and individuals that have taken sands outside the previous two provisions should apply to the territorial Government's water administration authorities at the district level in which they are located.
Article 11. Application for the payment of royalties shall be submitted to:
(i) To extract sand applications;
(ii) To adopt a relationship between the elder and the third person in favour of the third person, agreement with third parties or the relevant documents;
(iii) Units and individuals involved in the operation of shrines should provide copies of business licences and other relevant documents.
Article 12 shall include the name of the application unit, the enterprise code, address, the name of the legal representative or head, the name of the applicant, the place of residence, identification number, contact phone, the location of the exploitation, the method of operation, the depth of the exploitation, the annual extraction, the type and quantity of the machinery, the place of sandals, the place of slackening, the waste disposal programme, the transport routes, and the measures taken in the past.
Article 13: Municipal, District and People's Government Water Administration, and the management of the Trimuscko District of the Province, has taken a decision to grant permission within 20 working days of the date of receipt of the application by the River. The applicant shall be informed in writing within seven working days.
Article 14. Units and individuals in line with the following conditions shall be granted to the river through review by the organ receiving the application:
(i) In the course of the operation, licensed and operated in accordance with the provisions;
(ii) There is a requirement for storing equipment;
(iii) In addition to the scope of river management, there are sandeds;
(iv) The transport routes that are consistent with the requirements;
(v) No record of shrines without illegal rivers;
(vi) Removal sites, operational modalities, depths of mining and mining are in line with the relevant provisions of the river sampling planning.
Article 15 may determine the use of open tenders. In the form of tendering, it was implemented by an organ competent to license the approval authority of the river.
Article 16
Article 17 Licence of rivers is co-producted by the Provincial Government's Water Administration.
The river's licence is divided into both the present and the copies, which are being preserved by the witnesses and are stored on the sand. A copy of the transported car and shipped has been made available from the ship.
The river shall not be licensed for falsification, alteration, sale, mortgage, loan or other transfers.
The period of effectiveness of the licence of the river shall not exceed one year.
Article 18 shall be subject to the following provisions:
(i) The location of the exploitation, the duration of the exploitation, the extent of the exploitation, the depth of the exploitation, the extent of the extraction, the mining, and the manner in which it is used;
(ii) Removal of river hurdles by consigning, removing or reciprocating sandals and distributors and stoves;
(iii) No damage shall be made to the river works, water works, axes, measurement markings, hydrological observation facilities, lighting of the equipment, communications cables, slots, routings, protective facilities and other engineering facilities within the framework of river management;
(iv) No shackings within the framework of river management, the installation of screening, washing equipment and the construction of paints, homes and other buildings;
(v) Nothing in the river engineering and other engineering facilities and their scope of security protection and the garbage shall be permitted;
(vi) In the course of the ban, sand machinery and dried boats must be removed from the scope of river management;
(vii) By the end of each month, the authorized authorities reported the number of sands and the planned mining of the month.
Article 19 requires sluggage and dredging in the area of the ban, to be carried out by the water administration authorities with specific programmes to report to the Government of the current people on the implementation of the work facility management units.
Article 20 units and individuals in the rivers must pay royalties to the organs that licensed the river and no longer pay royalties and mineral resources.
No unit or person shall be exempt from the royalties.
The charging of the royalties was established by the Ministry's Government's financial and price administration authorities with the water administration authorities.
Article XXI provides administrative fees, budget management, full revenue collection and expenditure through financial budget arrangements.
The resources of the river are costed by the management, maintenance and renovation of the damaged work, as well as by the supervision of the river's sands, and no sector may be stopped or diverted.
The water administrative authorities and the management of the three Guaguin area shall be disbursed on a case-by-tier basis. The above-mentioned proportions and the management approach are developed by the Ministry's Government's Financial Administration with the Water Administration authorities.
Article 2
The feeer shall present a legal document and the basis for the fees for the leakage.
Article 23 shall not authorize the collection of royalties from self-governing units and businesses.
Article 24
Approval agencies planning for rivers perform oversight duties with regard to the implementation of the river-based sand planning.
The licensee of rivers is responsible for the on-site management of river sands, for violations and for administrative sanctions.
The top-level organ of the river licensing authority performs oversight duties with respect to the issuance and management of licences, corrects inappropriate administrative licences and guides the coordination of the processing of major cases in the river basins within the present administration.
Article 25, in the context of the state of emergency, the water administrative authorities or the management of the three-Ghorgi Kyi district in the province have the authority to determine the cessation of the river's sand and to forcibly clear the shacks and shatters, facilities that impede the flood.
Article 26 prohibits the garage of arsenal vehicles.
Units and individuals in river sands need to build the road to the transport of sandeds, in accordance with Article 22 of the Rivers Regulation.
Article 27 units and individuals in rivers shall enter into a river-block agreement with the authorities that licensed the river to remove the hurdles. Uncleared, the cost of forced clearance by the Water Administration or the management of the three Guanthoc district in the province is borne by the shine units and individuals.
Article 28, in violation of this approach, provides for the failure of the river to license, to extract sands within the framework of the management of the river, to be ordered by the authorities of the territorial Government of the above-mentioned people, or by the management of the threethmuscko in the province, in accordance with article 44 of the People's Republic of China River Regulatory Regulations, to put an end to the offence, forfeiture the proceeds of illegal proceeds and impose a fine of up to $20,000.
Article 29, in violation of article 8, paragraph 4, of the present approach, provides for the cessation of the offence by an administrative authority of the Government of the above-mentioned people at the district level or by the management body of the three Guantou area in the province, with a fine of over 3,000 dollars.
Article 33, in violation of article 17, paragraph 3, of this scheme, is responsible for the cessation of the violation by the territorial authorities of water, or by the authorities of the three-Grokeys in the province, and the collection of voucher, painting, buying, renting, borrowing or other transfers. The transfer of the judiciary is lawful.
Article 31 violates the provisions of article 18, subparagraphs (i), (ii), (iv), 5 and (vi), of this approach, and is responsible for the cessation of the violation by the territorial authorities of water, or by the management authorities of the three archaeological area of the province, with a deadline of up to $20,000.
Article 32, in violation of article 18, paragraph (c), of this approach, is punished by the Water Administration of the Government of the commune or the management body of the three archaeological districts of the province, in accordance with article 40 of the Insein Rivers Regulation.
Article 33, in violation of article 26, paragraph 1, of the present approach, is responsible for the cessation of the offence by the territorial Government of Water, or by the authorities of the three Maxes in the province, with a fine of more than one thousand dollars.
Article 34, in violation of this approach, provides that no leakage is paid under the law, and is paid by the time limit of the organ responsible for the issuance of the river's licence. After payment, three lags were collected on a daily basis, the refusal to pay, which should pay more than five times the amount of royalties and stop their sand activities.
Article XV's use of violence, threats, etc., denial, obstruction of the performance of official duties by the water administration authorities or by the staff of the management bodies of the three archaemeteries of the province, constitutes a violation of the management of the security sector, punishable by law by the public security authorities; and the transfer of suspected crimes to the judiciary.
In accordance with article XVI, more than $20,000 is fined, the parties have the right to require a hearing.
Article 337 is inconsistency with the specific administrative actions taken by the parties to the water administrative authorities or the management of the three archaemeteries of the province, which may apply for administrative review or administrative proceedings in accordance with the law.
Article 338 of the Water Administration and the management authorities of the three Guantou Zone of the province violate the provisions of article 22 of this approach, or do not collect royalties for the river's sand resources in accordance with the scope and criteria set out therein, which are dealt with by financial, price administrative authorities in accordance with article 24, article 25, and article 26 of the Regulations on the Administration of Charities in the Province of Syang.
Article 39 of the water administration authorities, the management structure of the three archaemeteries of the province and the river administration units and their staff violate the provisions of this approach, consisting of one of the acts committed by their authorities or the inspectorate to administratively dispose of the responsible person and the direct responsible person in accordance with the law; and the transfer of suspected crimes to the judiciary by law:
(i) Non-implementation of the approved shine-breeding planning, self-imposed modifications to the river's sand planning or shattered by the river-based sand planning organization;
(ii) In violation of this approach, the approval and licensing of rivers;
(iii) Failure to perform on-site management and oversight inspection duties under this approach, causing confusion or causing major liability accidents on rivers;
(iv) Constraints, misappropriation or refusal to distract the royalties of the sand.
Article 40