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Tianjin City, Tianjin Municipal People's Government On The Revision Of The Decisions Of The Management Measures Of Prevention And Control Of Geological Disaster

Original Language Title: 天津市人民政府关于修改《天津市地质灾害防治管理办法》的决定

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(Adopted by the 30th ordinary meeting of the Government of the People of the city of Zenin on 21 June 2004 No. 69 of 30 June 2004 by the Order of the Government of the People of the city of Zenin, which came into force on 1 July 2004)

The Government of the city has decided to amend the Hazard Management Approach (No. 71 of the 1997 People's Government Order) as follows:
Article 4, paragraph 1, was amended to read: “The principle of a combination of geological disaster prevention and control in the city is governed by the geological mining authorities by the principle of ownership, avoidance and governance”.
Article 4, paragraph 2, and its paragraphs (iii), (vi), reads as follows: “The city's geological mining administrative authorities are responsible for the management of a unified monitoring of geological disaster prevention and control throughout the city, with the responsibility of:”
“(iii) Investigation, evaluation and monitoring management of geological disasters;”
“(vi) Competency management of geological disaster risk assessments throughout the city, geological mapping, design, construction and management units;”
iii. Amendments to Article 13 should read: “Developing urban master planning, villages and town planning should be an integral part of geological disaster control planning.
The preparation and implementation of major construction project planning for land use overall planning, mineral resource planning and water, railway, transport and energy should be conducted in geological disaster risk assessment.”
Article 14 should be revised as follows: “Europes in geological disaster-prone areas shall be carried out at the feasibility study stage and the assessment results will be part of a feasibility study.
In the preparation of the overall urban planning, villages and town planning in the geological disaster-prone area, the planning area should be conducted in geological disaster risk assessment and the unit responsible for geological disaster risk assessment, which should be presented in writing, in accordance with the relevant national regulations, and subject to the procedures for the processing of geological mining administrative authorities.
V. Amendments to article 15 are: “The responsibility for the risk assessment unit of geological disasters must have the corresponding qualifications certificate. In assessing the risk assessment unit of geological disasters, an evaluation should be made of the possibility of building work at the risk of geological disasters and the possibility of causing geological disasters in the construction of the project, the introduction of specific preventive measures and the responsibility for the assessment of the results.
Geological information generated in geological disaster control should be transmitted in accordance with the relevant national provisions.”
Article 22 was amended to read: “In violation of article 14, paragraph 1, of this approach, the period of time being converted by the competent authorities of the city or area, the district's Geological Mines Administration, which was responsible for the cessation of production, construction or use of the amount of 500,000 yen, which constituted criminal liability by law”.
Chapters I to VI and headings of the elimination method are uniformed.
This decision has been implemented effective 1 July 2004.
The Earthzinc Geological Disaster Management Approach is re-published in accordance with the respective amendments to this decision.

Annex: Earth's geological disaster management approach (Amendment 2004)
(Adopted by the Government of the city of 1 January 1997 on 30 June 2004 in accordance with the decision of the Government of the city to amend the Charge of Disaster Control in the city of Zenya)
Article 1, in order to protect the geological environment, combat geological disasters, guarantee the security of the property of the State and the people, establishes this approach in line with the relevant provisions of the State.
Article 2 states that geological disasters are natural or man-made, resulting in changes in the geological environment, causing damage to the life and property security of the people, including downturns, mudslides, landslides, land sediments and land degradation, ground lapidation, soil sandification, soil pollution, and surface pit variability.
Article 3. This approach applies to the management of geological disasters within the city's administration.
The management of earthquakes is not applicable.
Article IV.
The city's Geological Mines Authority is responsible for the management of a unified monitoring exercise throughout the city's geological disaster response, which is responsible for:
(i) Implement laws, regulations, regulations and standards for the control of geological disasters in the country and in the city;
(ii) Organizing the coordination of the prevention of geological disasters in the city, responsible for the preparation of critical geo-disaster surveys and prevention planning throughout the city;
(iii) Survey, evaluation and monitoring management of geological disasters;
(iv) Delimitation of major urban-prone areas and hazardous areas throughout the city and publication of city-wide geological disaster forecasts;
(v) Receives for the management of key geological disaster engineering governance, approval and quality of the works designed for the prevention of engineering;
(vi) To be responsible for the risk assessment of geological disasters throughout the city, and the management of the quality of the geological management of the geological units of geological disaster management works;
(vii) Monitoring the implementation of geological disaster control efforts by various units in the city.
Regional, district geological mining administrations (including sectors identified by the territorial Government responsible for the work of geological minerals) are the supervisory authority for geological disaster control in the region and in the district administration, with the responsibility of:
(i) Delimitation of geological disaster-prone zones and hazardous areas within the region, and the preparation of prevention planning;
(ii) Receives for the management of geological disaster control works in the area, in the district, in the area of geo-disaster control, for clearance and engineering quality;
(iii) To assist the relevant sectors in the management of transboundary and district-based geological disasters;
(iv) Monitoring of geological and geological disasters within the region.
Ministries such as forestry, earthquake, water, transport and urban construction are responsible for the prevention of geological disasters within the jurisdiction of the sector and assist the geological mining administrative authorities in the management of geological disaster surveillance.
Article 5
Article 6 Governments at all levels should strengthen their leadership in geological disaster control and promote, coordinate and manage the activities of the relevant units and individuals for geological disaster prevention. Units and individuals that have made significant achievements in the protection of the geological environment and in the fight against geological disasters are recognized and rewarded.
All units and individuals have the obligation to protect the geological environment and to combat geological disasters.
Article 7. Geological mining administrative authorities in the city and in the district shall conduct investigations into the geological environment in the current administration area, prepare geological disaster prevention and planning, with the approval of the HPR.
Article 8. Geological disaster-prone areas and geological disaster risk areas are determined by the municipal geological mining administration authorities, and the Government of the city approves the publication. The geological mining administrative authorities should establish a clear mark around the geological disaster risk area.
Article 9 provides for units and individuals engaged in production or construction in geological disaster-prone areas and shall take measures to prevent incitement to geological disasters.
In geological hazard areas, mining, diarrhoea, stoning, destruction of vegetation, residues, pumping groundwaters and other activities that can easily trigger geological disasters are prohibited.
The geological mining administration authorities at all levels have the power to inspect acts that may induce geological disasters.
Article 10. The geological mining administrative authorities shall establish monitoring networks in geological hazard areas. The relevant units and individuals should assist in the monitoring of forecasts and the protection of monitoring facilities.
Article 11
Article 12 Regional geological disaster trends forecasts, developed by the city's Geology Mines Administration with the relevant sectors and published following approval by the Government of the city.
For potential sudden-onset geological disasters forecasts, which may be endangered by geological disasters, are published by the municipal geological mining administrative authorities or forest, water, transport and urban construction sectors.
In addition to the preceding paragraph, no unit or individual may unauthorizedly publish or disperse regional geo-disaster trends and forecasts of potential sudden-onset geological disasters.
Article 13 prepares urban overall planning, villages and town planning, which should be an integral part of geological disaster control planning.
The preparation and implementation of major construction projects such as land use master planning, mineral resource planning and water, railway, transport and energy should be carried out in geological disaster risk assessment.
Article 14. Construction in geological disaster-prone areas should be carried out at the feasibility study stage, and the assessment results should be part of a feasibility study.
In the preparation of the overall urban planning, villages and town planning in the geological disaster-prone area, a geo-disaster risk assessment should be carried out in the planning area, and the units responsible for the risk assessment of geological disasters should be presented in writing, in accordance with the State's relevant provisions, and subject to the procedures for the processing of geological mining administrative authorities.
Article 15 assumes the risk assessment unit of geological disasters must have the corresponding qualifications certificate. In assessing the risk assessment unit of geological disasters, an evaluation should be made of the possibility of building work at the risk of geological disasters and the possibility of causing geological disasters in the construction of the project, the introduction of specific preventive measures and the responsibility for the assessment of the results.
Geological information generated in geological disaster control should be transmitted in accordance with the relevant national provisions.
Article 16 states that, after the occurrence of geological disasters, the relevant authorities shall report or communicate the relevant information to the local people's Government and the authorities of the geological mining administration.
Article 17 Human-induced geological disasters are governed by the perpetrators.
Geological disasters resulting from the natural role are governed by the relevant departments and units of the local people's Government.
Article 18 Regional geological disaster management projects are designed and implemented by their authorities in conjunction with relevant sectors such as plans, geological mining, environmental protection.
Article 19 Major geological disaster management projects, submitted by the municipal geological mining administrative authorities a request to the municipal plan authorities, resubmissions by the municipal plan authorities to the national plan authorities and the provision for the inclusion of national geological disaster control plans and local funds in the financial budget.
Upon completion of the project, the municipal plan authorities and the city's geological mining administration have been organized.
Article 20 violates article 9, paragraph 2, of this approach by charging the duration of the period by the competent authorities of the city or area, the district, the territorial Geological Mines Administration, which is punishable by a fine of up to 1 million dollars.
Article 21, in violation of article 12, paragraph 3, of this approach, provides a warning by the competent municipal geological mining authorities to remove the impact and impose a fine of up to 1000.
In violation of article 14, paragraph 1, of this approach, the administrative authorities of the city or district, the district of geological minerals are responsible for the change of their period of time; the impossibility of the delay in order to put an end to production, construction or use of fines of up to 500,000 yen; and the commission of criminal liability under the law.
Article 23 imposes penalties on public security authorities for staff members who refuse to and obstruct geological mining administrative authorities to carry out their official duties, damage to geological disaster detection facilities, in violation of the People's Republic of China Regulation on the Safety and Security of Persons with Disabilities.
Article 24 does not determine the administrative penalties of the geological mining administrative authorities, apply for administrative review or administrative proceedings, and administrative penalties are not discontinued, except otherwise provided by law.
Article 25