Chongqing Sand Mining Management Approach

Original Language Title: 重庆市河道采砂管理办法

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(September 22, 2003, Chongqing Municipal People's Government at the 15th Executive meeting on November 12, 2003, Chongqing Municipal People's Government, the 157th promulgated as of December 1, 2003) first in order to strengthen the management of sand mining, ensuring the stability of river and flood control, navigation safety, in accordance with the People's Republic of China water and the People's Republic of China flood control law and the regulations on sand mining management in the Yangtze River, Chongqing and the river control and related laws, rules and regulations,
    Based on actual city, these measures are formulated.
    Article within the river channel management in the administrative area of the city (hereinafter referred to as the river) engaged in the exploitation of gravel (hereinafter referred to as sand) and management activities shall abide by these measures.
    Third counties (autonomous counties, and cities) people's Governments should strengthen the administrative management of sand mining in the leadership, organization, coordination and deal with major issues in sand mining management in the good.
    Fourth municipalities and counties (autonomous counties, and cities) Department of water administration in accordance with the classification of the people's Government is responsible for the management of sand mining management principles. The Yangtze River and jialing River and Wujiang river channel sand mining management in the municipal water conservancy administrative departments are responsible for.
    Among them, the tube River sand directly under the municipal water administration departments to delegate specific management station management in the Chongqing, rest River sand mining in the Yangtze River municipal water conservancy administrative departments entrusted district (autonomous counties, and cities), management of water conservancy administrative departments.
    Other rivers of sand mining management, by the counties (autonomous counties, and cities), the water conservancy Administrative Department.
    Counties (autonomous counties, and cities) on sand mining management in the border river from neighboring counties (autonomous counties, and cities) Department of water administration negotiated through consultation of the County designated by the municipal water conservancy administrative departments (autonomous counties, and cities), the water conservancy Administrative Department.
    Reaches the specific scope of the border drawn by the municipal water conservancy Administrative Department.
    The fifth River sand mining in the implementation of an integrated planning system.
    Sand mining in the Yangtze River plan, in accordance with the provisions of the regulations on sand mining management in the Yangtze River development and approval.
    Jialing, Wujiang river channel sand mining plan by the Municipal Department of water administration in conjunction with the counties along the Yangtze River (County and municipal) Water Conservancy administrative departments to prepare, consult municipal traffic administrative departments, after submitted to the municipal people's Government. Other rivers of sand mining plan by Riverside County (County and municipal) Water Conservancy administrative departments, and reported to the people's Governments at the corresponding level approval, sending city water conservancy Administrative Department.
    Relates to a navigable, approval should be sought before peer traffic administrative departments or the views of channel management and maritime agencies.
    Sand mining plan, once approved, must be strictly enforced; when changes are really necessary, shall, in accordance with the above requirements for approval.
    Sixth River sand mining plan should fully take into account flood safety and navigation safety requirements, in line with the integrated watershed planning and flood control, River and waterway professional planning.
    Seventh River sand mining plan shall include the following information: (I) the ban on logging and mining area, (ii) the ban on logging and mining, (iii) the annual amount of sand control; (d) recoverable sand mining vessels and offshore sand mining by control number. Eighth article River of following regional should as ban mining district: (a) river dike, and bridge, and gate dam of protection range; (ii) existing of channel range within, beacon around 20 meters within, buried has beacon underground pipeline and line of regional, continues transition paragraph upper and lower bar received Bank part, non-navigation Cha road of saddle concave part, conducive to maintained mountain river navigation conditions of shiliang, and stone mouth,; (three) Xia River introduction road 3 meters within, cable line frame 3 meters within; (four) ship parked and job regional, car, and guest du channel, Department ships facilities 3 meters within,
    Dangerous goods anchorage, (v) other mining areas should be prohibited by law.
    Nineth relevant counties (autonomous counties, and cities) Water Conservancy administrative departments may, jialing, Wujiang River sand mining plan, developed within the administrative area of the jialing, Wujiang River sand mining plan implementation plan, submitted to the municipal water administration departments for approval.
    Sand mining in the Yangtze River planning and implementation plan in accordance with the provisions of the regulations on the management of sand mining in the Yangtze River development and approval.
    Tenth Article city, and district (autonomous, and city) water administrative competent sector can according to fourth article provides of river mining sand management permission and this administrative within river of water, and flood, and workers love, and channel changes and management, need, in river mining sand planning determine of ban mining district, and ban mining period outside increased ban mining range, and extended ban mining term, reported this level Government decided Hou announcement. 11th implemented sand sand mining license system.
    River channel sand mining license uniformly printed by the municipal water conservancy Administrative Department. The Yangtze River and jialing River and Wujiang river channel sand mining license issued by a municipal water conservancy Administrative Department.
    Among them, the tube directly under river channel sand mining license approvals issued directly by the municipal water conservancy administrative departments; other passages of the river channel sand mining license by the municipal water conservancy administrative departments entrusted counties along the Yangtze River (County and municipal) Water Conservancy administrative departments issued specific approval.
    The Yangtze River and jialing River and Wujiang river channel sand mining license other than by the counties (autonomous counties, and cities) approval issued by the competent administrative Department of water.
    River channel sand mining license for a year, valid in the period.
    12th in channels to the application sand units must be registered by the legal entity, individuals applying for sand must have the civil capacity of a citizen.
    Application using mining sand ship mining sand of, must meet following conditions: (a) Yangtze River River within of mining sand ship mining sand power for 80 to 150 horsepower, jialing rivers road within of mining sand ship mining sand power for 50 to 100 horsepower, other river within of mining sand ship mining sand power not over 50 horsepower; (ii) mining sand ship, and crew certificate complete; (three) has meet requirements of mining sand equipment and mining sand technicians. 13th section in tube section directly under sand, sand mining application to municipal water conservancy Administrative Department.
    Applications in other passages (River) in the sand, counties (autonomous counties, and cities), apply sand to the water conservancy Administrative Department. Application of sand, sand mining application form should be filled in.
    Sand mining application form should include a mining project, mining areas and mining amount, duration of operation, reject treatment, mining and so on.
    14th article water administrative competent sector received River mining sand application Hou, on meet 12th article provides conditions and following conditions of, should to site reconnaissance, and draws mining sand range boundary figure: (a) meet River mining sand planning determine of can mining district and can mining period of requirements; (ii) meet annual mining sand control total of requirements; (three) meet provides of job way; (four) meet mining sand vessels, and Bank sand mining points number of control requirements; (five) water administrative competent sector provides of other necessary.
    15th to meet the conditions of this Regulation apply sand, water conservancy administrative departments should be approved in the 30th after receipt of application for sand and sand mining licenses issued; were rejected, it shall notify the applicant in writing and state the reasons.
    River channel sand mining license should specify the scope of mining projects, mining, extraction depth, volume, life, work, reject such specific matters. 16th sand covering the waterway, water conservancy administrative departments shall make a written request for channel management and maritime agencies. Sand excavation range maps for comments shall be attached to the book.
    Channel management and maritime organizations to sand mining have different views on the scope of the approval, shall submit written observations within the 7th and explain the reasons.
    17th of may result in variation of river sand or channel change applications, water conservancy administrative departments should organize the relevant departments and relevant experts to conduct scientific reasoning, could endanger the stability of river and flood control, waterway safety, shall not be approved. Issued 18th water conservancy administrative departments when it comes to channel sand mining license, should inform the channel management and maritime agencies.
    Waterway management and maritime agencies has objections can be submitted to the issuing body of the people's Governments at the corresponding level determination, but not hinder normal sand mining activities.
    19th article really necessary for special reasons in the eighth article ban of sand mining in the region, water conservancy administrative departments should organize relevant experts with scientific reasoning, with the consent of the relevant departments or units of management agreed.
    20th approve water conservancy administrative departments of sand mining licenses, bidding can be taken determining sand units or individuals.
    21st water conservancy administrative departments approving annual sand amount cannot exceed the annual amount of sand control plan. Entrusted with approving issuance of the Yangtze River and jialing River and Wujiang river channel sand mining license of the counties (autonomous counties, and cities) Water Conservancy administrative departments shall, before the 10th day of each month of sand last month approved issuing and implementation the municipal water conservancy administrative departments.
    Municipal water conservancy administrative departments should strengthen the management on sand mining work guidance and supervision. 22nd article engaged in river mining sand activities of units and personal must comply with following provides: (a) strictly according to River mining sand license approved of locations, and range, and mining total, and job way and term for mining (does needed change of, should again handle River mining sand license); (ii) with mining with shipped, shall not in river within stacked gravel or waste; (three) shall not against dike, and bridge, and channel, and port, and Terminal, and block dam, and lost variable electric line security, shall not damaged hydrological, and water test, and posts and telecommunications, and communications, facilities
    , Shall not damage heritage monuments; (four) ban forged, and altered, and sale, and rental, and lending or to other way transfer River mining sand license; (five) ban shipped sand ship shipment illegal mining sand ship stole mining of river sand; (six) emergency flood period, mining sand units or personal must obey flood command institutions of unified scheduling command; (seven) obey navigation security requirements, established obviously logo, guarantees channel smooth and sailing security. Article 23rd sand units and individuals shall be issued to the river channel sand mining license of water conservancy administrative departments pay channel sand resource fees.
    Channel specific measures for the collection, use, management of sand resources fee by the Municipal Finance Bureau, the municipal price Bureau, the Municipal Water Conservancy Bureau according to the relevant State provisions.
    Units and individuals engaged in sand, not to proceed with the mining permits and aquatic submarine construction work permits, no longer pay a fee for sand mining management and compensation fees for mineral resources.
    24th article water administrative competent sector and staff perform River mining sand management of supervision check duties Shi, right to take following measures: (a) requirements mining sand units or personal provides about file, and card as, and information; (ii) requirements mining sand units or personal on implementation this approach of about problem made description; (three) into mining sand units or personal of production places for survey; (four) ordered mining sand units or personal stop violation this approach of behavior.
    25th article violates these rules, sand mining is not shipped with mining, accumulation of sand or debris in the River, by the water conservancy administrative departments be ordered to desist from the illegal act, remedies and fines of between 10,000 yuan and 30,000 yuan, resulting in the loss, should pay for the damage.
    26th article violation this approach provides, not handle River mining sand license unauthorized mining sand of; is holds River mining sand license, but in ban mining district, and ban mining period mining sand of; not according to River mining sand license of provides mining sand of; forged, and altered, and sale, and rental, and lending or to other way transfer River mining sand license of or not law paid River gravel resources fee of, according to Chongqing River Management Ordinance 39th article of provides be punishment.
    27th ship loaded with sand on sand shipment illegal sand mining wells in the sand of a ship belonging to illegal sand mining vessels jointly commit acts of illegal sand mining, River, Chongqing, in accordance with the regulations on the administration of the 39th article (a), (b) punishment shall be imposed.
    28th in violation of relevant provisions of sand were confiscated by the illegal sand mining vessels, should be auctioned; not to auction or auction, demolition, destruction.
    29th in accordance with these regulations shall be given administrative punishments, and the counties (autonomous counties, and cities) of water conservancy administrative departments administrative penalties by the municipal water administration authorities shall order administrative punishment decision or administrative penalties directly; the persons in charge and other direct liable persons shall be given administrative sanctions.
    30th article has following behavior one of of, by right to organ on has responsibility of competent personnel and other directly responsibility personnel law give administrative sanctions; suspected crime of, transferred judicial organ law processing: (a) water administrative competent sector and staff negligence, unauthorized modified River mining sand planning, and violation River mining sand planning approved mining sand, and not according to provides approval issued River mining sand license, and not perform supervision check duties or not according to national and city about provides charged River gravel resources fee of;
    (B) other departments and dereliction of duty, abuse of power, violation of the relevant provisions of the State and this municipality, disturbance or destruction of sand mining management in order, the sand mining unit or individual syndrome, fees in tousle. 31st tube directly under reach in these measures, refers to the Yangtze River from fishing Tsui to Guo Jia Tuo River, jialing River from chaotianmen to ciqikou River.
    After completion of the three gorges water conservancy project, range of pipe section directly under the municipal water administration authorities according to water levels and water potential of redefine and announced to the public. 32nd article this way come into effect on December 1, 2003.
    Municipal people's Government on August 4, 1999 issued by the Chongqing Municipal People's Government on the issuance of notification of sand mining management in Chongqing (Yu-fu [document 1999]56) repealed simultaneously.

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