Qinghai Provincial Geological Environment Protection Measures

Original Language Title: 青海省地质环境保护办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
(November 18, 2003, Qinghai province, the people's Government of the 5th Executive meeting on December 3, 2003, 37th release of Qinghai province) Chapter I General provisions article I to protect the geological environment, geological sites, provide geological disaster, ensuring social and economic development, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.
    Article in within the administrative area of the province engaged in geological environment, geological relics protection, use, provide geological disaster, these measures shall apply.
    Article should be combined with the development and utilization of geological environmental protection, adhere to the who who who protect, who benefit from investment, who violated the who principle of rehabilitation.
    Geological disaster prevention should be combined with soil and water conservation, the combination of engineering control measures and conservation measures, in a comprehensive way.
    Article fourth unified management of geological environmental protection work, grading, Department. Provincial land and resources administrative departments in charge of the province's geological environment monitoring.
    States (and cities) and counties (cities, districts) within the administrative authorities responsible for the administration of land and resources under environmental protection management.
    Construction, environmental protection, transportation, forestry and water conservancy administrative departments concerned, in geology and environmental protection within the scope of their respective duties.
    Fifth to encourage citizens, legal persons and other organizations of contributions, investment of geological environment and geological disaster prevention and control. Citizens, legal persons and other organizations have the obligation to protect the geological environment, the right to stop and report damaged geological, geological hazards caused by acts.
    Geological disaster warning information should promptly report to the local people's Government or the relevant administrative departments for land and resources. Sixth levels of people's Governments, land and resources and other relevant administrative authorities shall inform the community about environmental protection and scientific knowledge of the geological disaster prevention and control, public know hedge the basic methods of disaster preparedness and emergency response.
    Have made remarkable achievements in geological environment protection work of citizens, legal persons and other organizations give awards. Geological environment protection in chapter II plans seventh people's Governments above the county level shall organize the preparation of the geological environment protection planning in the administrative areas and incorporated into the overall plan for national economic and social development of the region.
    TRANS-geological environment protection plan, jointly by the land and resources administrative departments of the people's Government at a higher level of preparation.
    Article eighth geological environment protection planning should include the geological environment, geology and environmental protection and utilization of geological disaster prevention and control, geological relics of mining geological environment, use and protection, geo-environmental survey, monitoring, management, and so on.
    Nineth levels of people's Governments and relevant competent administrative departments in considering relevant planning pertaining to environmental protection, shall solicit the views of the land and resources administrative departments at the same level.
    Monitoring and protection of geological environment in chapter III article tenth production and construction activities should be protection of the geological environment, prevention, increase the geological disaster induced by.
    Engaged in geological hazard control of construction units and construction units should be to monitor the existing danger of geological disasters, contingency measures.
    11th construction units, the mining rights for project construction, mining activity has damaged the geological environment to perform recovery responsibilities to the engineering departments of land and resources of the people's Governments above the County Administration annual report submitted to the geological environment protection and accept supervision and inspection.
    12th in exploiting oil and gas resources, liquid salt mines and geothermal and mineral water resources, shall implement dynamic monitoring of mining area's geological environment of mining rights, and in accordance with the regulations to the provincial land and resources administrative departments to submit monitoring data.
    13th Administrative Department of land and resources of the people's Governments above the county level shall be responsible for organizing the geological environment dynamic monitoring of the administrative area, geological disaster monitoring and early warning systems to major geological disaster danger forecast; establishing water quality forecast system of groundwater, preventing pollution and excessive exploitation of groundwater.
    Provincial administration of land and resources Department of geological environment monitoring body responsible for organizing the implementation of the province's major geological disaster danger, important basins, groundwater hydrology, the main town and the province's geological heritage and key resources protection and utilization of mine geological environment monitoring and prediction, and the State (or municipal) inspection of geological environment dynamic monitoring and guidance.
    14th provincial departments of land and resources administration based on geological environmental monitoring data, annual bulletin of geological environment.
    15th article notice above the county level shall be responsible for the administration of geological relics protection list, land and resources administrative departments at the same level are responsible for geological heritage protection.
    Following geological remains should protection: (a) has major ornamental or research value of geological landforms landscape; (ii) has important value of geological profile or structure traces; (three) has major research value of ancient human site or paleontology fossil and origin; (four) has special value of mineral, and rock and typical origin; (five) has typical and special meaning of water resources or geological disaster remains; (six) other need protection of geological remains.
    Article 16th on international, national or regional representative geological heritage, in accordance with the People's Republic of China nature reserve management Ordinance provisions, establish a geological relics protection area or geological park. Risk assessment of geological hazards in the fourth chapter article 17th city, town building planning, master planning, land development and economic development zone, and may lead to social and economic influence of geological disaster of construction, or construction in geological disaster-prone areas, geological disaster risk assessment should be carried out in advance.
    Evaluation results do not meet the conditions for construction, not for land approval procedures. Article 18th geological disaster risk assessment shall be in accordance with the technical requirements for risk assessment of geological disaster of construction land, assessment results to the provincial land and resources administrative departments.
    Assessment report shall, in accordance with national collection provides collection of geological data.
    Risk assessment of geological hazards assessment issued by the Agency liability.
    Article 19th of geological disaster risk assessment bodies shall have the appropriate professional and technical personnel, with special technical facilities and equipment.
    Fifth chapter of geological disaster prevention and control article 20th relating to land and resources administrative departments of the people's Governments above the county level, within their respective administrative areas should be damage to the geological environment, induce or aggravate the geological disasters and ecological geological environment, geological disaster danger supervise and inspect the implementation of preventive measures.
    Citizens, legal persons and other organizations that accept checks should faithfully reflect the situation, provide the relevant information.
    21st combat natural geological hazards, adhere to prevention-oriented, approach to treatment combined with avoidance and who induce who fight to reduce human-induced geological disasters.
    22nd people's Governments above the county level should according to geological disaster survey or form a distribution, in the administrative area within the danger of geological disasters, geological disaster-prone areas, and announced to the public in a timely manner of geological hazards risk information and geological disaster-prone areas.
    In addition to control works of geological hazards, geological disaster risk against other projects in the region.
    23rd people's Governments above the county level should be noticeable warning signs on danger of geological disasters.
    Citizens, legal persons and other organizations are not allowed to move, burial, destruction of geo-environment monitoring facilities and signs.
    24th people's Governments above the county level shall establish and improve government leadership of geological disaster prevention and control work responsibility system of management accountability, government authorities, key risks monitoring prevention responsibility system, specific departments and responsible, and long-term disaster risk monitoring and emergency measures implementation of specific units and personnel.
    25th people's Governments above the county level shall strengthen geological disaster prevention and control work, to include geological disaster prevention funds in local budgets.
    Geological disaster prevention funds to the region's geological disaster investigation, establishing and perfecting the monitoring and prevention network and geological disaster risk evacuation of citizens.
    Geological disaster prevention and control funds for the province's geological disaster forecasting and warning system and major geological disaster emergency rescue and investigation, treatment.
    26th relating to land and resource administration departments at or above the county level shall, each year should be prepared prior to the administration of the annual flood season in geological disaster prevention plans, reported to people's Governments at the same level for approval organization.
    Provincial Department of construction project administration prepared the annual geological disaster prevention plans, shall be served on provincial land and resources administrative departments.
    27th geological disaster prevention plan should include: geological disaster monitoring and early warning, prevention priorities; the main danger point object and scope of the threat primarily responsible for monitoring and prevention of geological hazard danger point; the main risk early warning signals and alarm of geological disasters; tour of inspection plans; personnel and property transfer, evacuation routes and emergency measures; disaster reporting system, and so on.
    28th prediction of geological disaster hazards (reported) or disasters forecast by the people's Governments above the county level and other relevant administrative departments of land and resources in conjunction with the provincial geological environment monitoring agency, published the people's Governments at the same level.
    Danger of mass monitoring point (disaster preparedness) forecasts by County land and resources administrative departments or organizations commissioned by its publication. Article 29th frequent areas of geological disasters and geological disaster-prone areas of County and township people's Governments shall establish a monitoring system and mass monitoring and preventing network, development of contingency measures, strengthen flood watch, perfect of danger patrol system, do a good job hedging disaster.
    If necessary, should set up a special monitoring stations, set up special monitoring.
    Article 30th in geological disaster-prone areas and hazardous area units, organizations and village (neighborhood), should organize and strengthen daily observation, abnormality was detected promptly report to the local people's Government or the relevant administrative departments for land and resources. Local people's Governments should strengthen guidance and emergency inspection work, and based on actual relocation planning, emergency avoidance, withdrawal and reintegration measures.

    31st when geological disasters, local county and township people's Governments and relevant administrative departments, according to geological disaster prevention plan for disaster reporting system report, and quickly rushed to the scene to organize rescue and relief.
    Disaster units and citizens have a responsibility to the local people's Governments and relevant departments report of geological disasters.
    Major geological hazards, local county and township people's Governments shall, in 24 hours, within not more than 48 hours at the latest level of land and resources administrative departments report simultaneously to the provincial people's Government and provincial departments of land and resources administration reports.
    Article 32nd construction, dangerous assessment of geological disaster in mining should be in accordance with the reporting requirements, and take protective measures to prevent trigger or aggravate the geological disasters.
    Disposal of municipal solid waste and waste residue of mining, engineering and construction (liquid) landfill and other waste, isolation precautions should be taken to prevent or aggravate the geological disaster induced by, damage to the geological environment.
    33rd engineering construction and mining geology and environmental damage or induce, increasing geological disasters, and the discovery of major disaster precursors, potential, the person responsible shall promptly report to the local administrative Department of land and resources of the people's Government of and take recovery and management measures, or take immediate emergency evacuation flight to disaster reduction measures, preventing the disaster to expand.
    Article 34th would shut down of a mine or quarry, take the following: (a)-induced geological disasters, pose a threat to life and property safety of the public, (ii) does not take measures to protect the geological environment and geological environment annual recovery plans are not implemented, or serious damage to the land.
    Need to close the mines, put forward by the land and resources administrative departments above the county level, and according to the procedure for approval.
    Article 35th of natural forms, indeed required project management risks of geological disasters, the people's Government above the county level shall organize relevant departments to control, threatened by geological disasters of citizens, legal persons and other organizations should be involved in governance. Human-induced geological disasters from geological hazards caused by liability to bear the costs of accountability and governance.
    Local Government shall order the person to produce Government plan, govern and organize the relevant departments. Article 36th geological disaster management programmes, by the land and resources administrative departments above the county level, according to the established procedures for approval, and be responsible for approval.
    A significant change in the governance programme, shall be submitted to the original examination and approval departments re-approval. Geological disaster prevention and control work should be based on an approved treatment plan construction.
    Geological disaster prevention and control project, organized by the land and resources administrative departments above the county level, acceptance, and responsible for the acceptance of views. Prohibition of the occupation, destruction of geological disaster control project facilities.
    Really need to be change, closure or demolition, land and resources administrative departments shall obtain the consent of consent.
    37th engaged in geological disaster prevention and control engineering survey, design, construction, supervision, shall have corresponding qualifications, and responsible for the quality of its work or. Sixth chapter legal liability article 38th in violation of the rules, laws, regulations, penalties, from its provisions.
    Cause personal injury or property damage, he shall bear civil liability.
    39th in violation of these rules, any of the following acts, Administrative Department of land and resources of the people's Governments above the county level shall be ordered to correct, and fined 1000 Yuan fine: (a) not dangerous assessment of geological disaster, (ii) refuses to take prevention measures of geological hazards, (c) or move or buried geological environmental monitoring indicators.
    40th sabotages the geological environment, caused geological disasters do not report in a timely manner and control measures are not taken, the people's Governments above the county level ordered by the Administrative Department of land and resources management, and fined 1000 Yuan fine.
    Damage to geological environment monitoring and geological disaster control project facilities, land and resources of the people's Governments above the county level administrative authorities shall order restitution, compensation, and fined 1000 Yuan fine.
    41st article land resources administrative competent sector and the about administrative competent sector of staff has following behavior one of, is not constitute crime of, in accordance with about provides give administrative sanctions; constitute crime of, law held criminal: (a) in geological environmental protection and geological disaster control work in the negligence, and abuse, and engages in of; (ii) violation geological disaster risk assessment system, approved construction with to or engineering construction of. Seventh chapter supplementary articles article 42nd this way is the meaning of the following special terms: geological relics, and refers to the period of Earth's geological history, and preserve non-renewable, is of great scientific or geological heritage of ornamental value.
    Main: tectonic, stratigraphic fossils, geological landforms, typical sites of geological disasters and so on. Geological disasters, is due to naturally occurring and human-induced, endangering lives and property of the public security of geological phenomena.
    Are: collapse, landslide and debris flow, ground subsidence, ground fissures, subsidence, etc.
    Danger of geological disasters, carrier activity indication of refers to geological disasters significantly, and may result in more casualties and serious economic losses of geological hazards in disaster areas.
    Geological disaster-prone areas, refers to the formation of geological hazards of geological and geomorphological conditions and in the presence of natural, man-made and other forces, and areas prone to geological disasters.
    Article 43rd earthquake monitoring and prediction, defence management protection of typical earthquake ruins and the application of specific laws and regulations.
                                  44th these measures shall come into force on February 1, 2004.