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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(June 17, 2004, Shaanxi Provincial people's Government, the 100th release as of August 1, 2004) first to strengthen the management on sand mining, flood protection and river management in the protection within the safety of various types of facilities, in accordance with the People's Republic of China water and the People's Republic of China regulations on River and rivers in Shaanxi Province and the provisions of the regulations, combined with the facts of the province, these measures are formulated.
    Article sand in the administrative region of this province, must comply with these measures.
    Sand mining is mentioned in these measures refers to the River (including lakes, reservoirs and artificial waterways) within the scope of control of logging activities such as sand, Earth, gold rush. Article on sand mining should be subject to the overall flood control arrangements and management requirements.
    Unified management combined with hierarchical management, comprehensive planning, plan production, total control, ensure safety in. Sand mining management in the fourth people's Governments above county level administrative head responsibility system.
    The people's Government above the county level to sand work responsibility within their respective administrative areas, rivers, river flood control and responsibility, and also responsible for sand mining management.
    Water Administrative Department of the people's Governments above the county level responsible for the administration of sand in a unified management and monitoring.
    River management unit entrusted by the water conservancy administrative departments at the same level, this sand mining management in the administrative area.
    Reservoir area of sanmenxia reservoir area management bodies responsible for management within the river channel sand mining management and supervision.
    Public security departments are responsible for sand mining policing, in violation of public order management of sand mining activities, implementation of punishment, crack down on crime in sand mining activities. Fifth article of any unit and individual violations of sand and water administration under the people's Governments above the county level are entitled to competent authorities, province, sanmenxia reservoir area management bodies and other relevant departments.
    Receives reports of departments and agencies shall promptly investigate. Sixth water conservancy administrative departments shall, in accordance with the river flood control plan, treatment planning, and status of preparation of sand excavation planning of river.
    Contents of sand excavation planning include the following: delineation of mineable areas, ban, ban, depth and gravel quarries, River mining gross quantity and layout, such as sand mining plan.
    Sand mining plan covering railways, transport, electricity, communications and other facilities, the scope of protection, and should seek the views of relevant authorities.
    Seventh in Weihe River in Baoji Gorge dam to xianyang railway bridge, heed HANJIANG River County town of Marquis to Xiao, Yang Xia Kou, danjiang River in erlongshan reservoir dam to a day of beach sand mining plan in Danfeng County, by the water conservancy administrative departments of district municipal organization about County, city and district water conservancy administrative departments, submitted to the provincial people's Government, approved by the water conservancy Administrative Department.
    Weihe River River weinan city administrative within of river, and luohe River-like head hydrometric station following River mining sand planning, by province sanmenxia library district management institutions prepared, reported Province Government water administrative competent sector approved; sanmenxia library district management range within other river mining sand planning, by where set district city government water administrative competent sector organization about County, and city, and District Government water administrative competent sector prepared, province sanmenxia library district management institutions approved, reported Province Government water administrative competent sector record.
    Within the province of other rivers, River sand mining plan prepared by the County Department of water administration, district municipal water administration departments for approval. Sand mining plan, once approved, must be strictly enforced.
    Sand, sand and gravel resources in planning for the river regime change, when changes are really necessary, should be submitted to the original examination and approval authority for approval. Eighth in Weihe River in Baoji Gorge dam to into the Yellow River, heed HANJIANG River County town of Marquis to Xiao, Yang Xia Kou, danjiang River from the dam of erlongshan to day of Danfeng County beaches each year from June 1 to September 30 for sand mining ban.
    Other channel ban by the city, County and district people's Government.
    River following range for ban mining district: (a) river flood control engineering, and river regulation engineering, and reservoir hub, and hydrological observation facilities, and culvert and the take water, and drainage, water engineering management range and the security protection range; (ii) River top rushed paragraph, and dangerous anti-, and dangerous, and nursing di to, and revetment to, and planning retained district, River in the water rule wire yiwai River; (three) railway, and highway, and bridge, and Terminal, and communications cable, and lost gas pipeline road, and transmission lines road, engineering facilities security protection range; (four) other need delineation for ban mining district of range.
    Ban, as defined by the water conservancy administrative departments to be published, and engineering facilities management unit set up by the apparent ban flag.
    Any unit and individual is prohibited in the ban, ban for sand mining activities.
    Nineth of municipal, County and district water conservancy administrative departments, according to the replenishment of sand sources, Riverbed levels, groundwater level variation and effects of sand mining on flood control project, put forward comprehensive River or river sand mining plan, reported to the people's Governments at the corresponding level for approval shall be announced and reported water Administrative Department of the people's Governments at a higher level for the record.
    Article tenth sand mining law through a licensing system.
    In the administrative area of Weihe River in weinan city in river, Luo River sand mining in river-head hydrological station units and individuals shall submit an application to the provincial authority in sanmenxia reservoir area.
    District municipal water conservancy administrative departments established in the direct management of Instream sand mining, sand units and individuals shall apply to the district municipal water conservancy Administrative Department.
    Outside the provisions of the preceding two paragraphs sand units and individuals shall be made to the water Administrative Department of the people's Governments at the county level, where the sand applied.
    Apply article 11th for sand mining licences, shall submit the following materials: (a) application for sand mining, (ii) sand the applicant and the third party has an interest, agreements entered into with third parties or relevant documentation; (c) engaged in management of sand mining activities of units and individuals shall provide copies of business licenses and other relevant documents.
    12th article mining sand applications of content should including: application units of name, and enterprise code, and address, and statutory representative people or head of name, and positions, applicants of name, and address, and ID number, and contact phone, mining locations, and mining time, and job way, and mining depth, and years mining volume, and mining sand mechanical type and number, and gravel material stacked locations, and abandoned material processing programme, and transport route, and degrees flood measures,. 13th of municipal, County and district water conservancy administrative departments and provinces in sanmenxia reservoir area management bodies, sand applications received within 20 working days of the decision whether or not to grant permission.
    No permission, and shall inform the applicant in writing within 7 working days.
    14th article meet following conditions of units and personal, by accepted application of organ review Hou to River mining sand license: (a) engaged in business sex mining sand of, has license, and business range meet provides; (ii) has meet requirements of mining sand equipment; (three) in river management range outside, has gravel material stacked site; (four) has meet requirements of transport route; (five) no illegal River mining sand records; (six) mining locations, and job way, and mining depth and mining volume, meet River mining sand planning of about provides. 15th river channel sand mining license can sand people determined by open tender.
    Tender, by the river channel sand mining license approval authorities organize the implementation of the right.
    16th villagers along the River from mining their own River of sand, stone, soil material of less than 50 cubic metres, should be directly to the sand village to prove water Administrative Department of the people's Governments at the county level, where to apply, upon approval, according to the specified logging no longer apply for river channel sand mining license.
    17th river channel sand mining license uniformly printed by the provincial water conservancy Administrative Department. River channel sand mining license includes the original and copies of originals kept by the permittee, copy the sand flying.
    Taken from the transport, transport vehicles, ships carrying a copy.
    River channel sand mining license shall forge, alter, sell, mortgage, lease, lend or otherwise transfer.
    River channel sand mining license validity period shall not exceed 1 year. 18th article by license in river mining sand of units and personal, must comply with following provides: (a) according to River mining sand license provides of mining locations, and mining term, and mining range, and mining depth, and mining volume, and job way mining sand; (ii) at any time transit, and clear or complex flat sand stone and abandoned material heap body and the mining sand tunnel, clear River line Hong obstacles; (three) shall not damaged river engineering, and water engineering, and di top road, and measurement logo, and hydrological observation facilities, and lighting alarm facilities (apparatus), and communications cable, and publicity brand, and pillar
    , And mileage pile, and nursing di Ranger facilities and river shelterbelt and the river management range within other engineering facilities; (four) shall not in river management range within stacked sand stone, installation points screen, and flush equipment, built material Taiwan, and housing and the other buildings; (five) shall not in river engineering and other engineering facilities and security protection range and nursing di to within stacked gravel material; (six) in ban mining period, mining sand mechanical and gold rush ship must withdrawal river management range;
    (G) at the end of each month to the approval authority this month sand quantity and planned production next month.
    19th to ban, ban areas for river dredging, dredging sand, to put forward specific proposals should be made by the water conservancy administrative departments, and reported to the people's Governments at the corresponding level for approval implementing, pre-construction shall notify the relevant engineering facilities management unit.
    Article 20th units and individuals in the sand, sand mining licenses issued must pay the Agency for River sand resources fee, no longer pay a fee for sand mining management and compensation fees for mineral resources.
    No unit or individual may River sand resources fee relief.
    Rivers of sand resources fee collection standards of the provincial governments fiscal, price Administrative Department in conjunction with the water conservancy Administrative Department.
    21st River sand resource fees are part of the charge, the implementation of budget management, income paid in full fiscal expenditures through fiscal budget arrangements. River management of sand resources fee in levee engineering, maintenance and renovation of facilities, and sand mining law-enforcement supervision and inspection, any unit shall intercept or misappropriate it.

    The water conservancy administrative departments and provinces in reservoir area of sanmenxia River sand resources fee collection management agencies should be on a step by step solution.
    Solution on proportion and use of management departments of the provincial governments for the financial administration in conjunction with the water shall be formulated by the Administrative Department.
    22nd water Administrative Department and province, Shaanxi Province, sanmenxia reservoir area management bodies shall, in accordance with the administrative fees regulations apply for fee license, using provincial printing (data) special fees for River sand resources fee bills.
    Toll personnel in imposing River sand resources fee, shall produce proper identification and fee basis.
    Article 23rd river channel sand mining license authority shall not delegate received from institutions and river sand resources fee levy.
    24th water Administrative Department of the people's Governments above the county level shall strengthen the supervision and inspection of this sand mining management in the administrative area, maintaining the order of sand, promptly investigate and deal with illegal sand mining Act.
    Sand excavation planning examination and approval authority on sand mining plan of implementation to perform duties of supervision and inspection.
    Licensing authority of sand mining is responsible for site management of sand mining, investigate and deal with violations, impose administrative penalties.
    Sand the superior authority of the licensing authority of permits issued and managed to fulfil duties of supervision and inspection, to rectify administrative permission, to guide and coordinate the sand significant cases dealt with within their respective administrative areas.
    25th in flood emergency, the water conservancy administrative department or province, sanmenxia reservoir area management bodies the right to decided to stop the river channel sand mining, and forcibly cleared hamper the gravel stock pile for flood and sand mining equipment and facilities.
    26th prohibits the pulling vehicle along sand dike road.
    Sand flats and individual building entrances of vehicles for the transport of sand, river management regulations article 22nd of Shaanxi Province, in accordance with the regulations. 27th in river channel sand mining units and individuals should be signed with the licensing of sand bodies snag deals, responsible for eliminating the flood barriers.
    Fails to clear, by the water conservancy administrative department or province, sanmenxia reservoir area management bodies forcibly cleared, the costs borne by sand excavation units and individuals.
    28th article violates these rules, do not go through the river channel sand mining license without authorization in river channel sand mining within the management, the people's Governments above the county level the water conservancy Administrative Department, or province, sanmenxia reservoir area management bodies in accordance with the People's Republic of China rivers management regulations provided for in article 44th, ordered to desist from the illegal act, confiscate and fined a maximum of 20,000 yuan.
    29th article violates article eighth of this approach provided in the fourth paragraph, the ban period, the ban on sand mining area, the people's Governments above the county level the water conservancy administrative department or province, sanmenxia reservoir area management bodies shall be ordered to desist from the illegal act and fined a maximum of 20,000 yuan and 30,000 yuan. 30th in violation of the provisions of article 17th paragraph, the people's Governments above the county level the water conservancy administrative department or province, sanmenxia reservoir area management bodies shall be ordered to desist from the illegal act and a fine of between 10,000 yuan and 30,000 yuan, collection of forge, alter, buy, sell, mortgage, lease, lend or otherwise transfer the river channel sand mining license.
    A suspected crime, transferred to the judicial authorities to investigate and punish.
    31st in violation of article 18th of this approach (a), (b), (d), (e), (f) provided, the people's Governments above the county level the water conservancy administrative department or province, sanmenxia reservoir area management bodies shall be ordered to desist from the illegal act, rectify, and fines of between 10,000 yuan and 20,000 yuan.
    32nd breach of article 18th of this approach (c) provides, the people's Governments above the county level the water conservancy Administrative Department, or province, Shaanxi Province, sanmenxia reservoir area management bodies in accordance with the management regulations of article 40th penalty.
    33rd article violates provisions of the first paragraph of this article 26th, the people's Governments above the county level the water conservancy administrative department or province, sanmenxia reservoir area management bodies shall be ordered to desist from the illegal act and a fine of between 5,000 yuan and 10,000 yuan. 34th article violates these rules, do not pay a fee for River sand and gravel resources according to law, by sand mining licenses issued shall be ordered by the prescribed date.
    Overdue payments, plus late fees of 3 per thousand per day; refusing to pay, River sand resources fee payable fined not more than twice times more than 5 times and stop its sand mining activities.
    Article 35th of violence, threat of refuse or obstruct the water conservancy administrative department or province, sanmenxia reservoir area management staff performing official duties according to law, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security; a suspected crime, transferred to the judicial authorities to investigate and punish.
    Article 36th in accordance with this approach a fine of more than 20,000 yuan, the parties have the right to request hearings.
    Article 37th on the water conservancy Administrative Department, or province, sanmenxia reservoir area management bodies specific administrative acts, may apply for administrative reconsideration or bring an administrative suit.
    Article 38th water conservancy administrative departments and provinces in reservoir area of sanmenxia regulatory agency violates the provisions of this article 22nd, or not in accordance with the provisions of and standard River sand and gravel resources fees, fiscal, price administrative departments of Shaanxi Province administrative fees in accordance with the regulations on 24th, 25th, 26th, be dealt with under article. 39th article water administrative competent sector, and province sanmenxia library district management institutions and river management units and staff violation this approach provides, has following behavior one of of, by its competent sector or monitored organ on has responsibility of competent personnel and directly responsibility people law give administrative sanctions; suspected crime of, transferred judicial organ law investigation: (a) not implementation has approved of river mining sand planning, and unauthorized modified River mining sand planning or violation River mining sand planning organization mining sand of; (ii) violation this approach provides approval, and
    Sand mining licenses issued; (c) the field management of failure to comply with these rules and duties of supervision and inspection, negligently caused by sand mining caused disorder, or (iv) are withheld, misappropriated, or refusing to solutions on River sand resources fee. 40th these measures shall come into force on August 1, 2004.