The Regulations On The Management Of Sand Mining In The Yangtze River, Anhui Province, Measures For The Implementation Of

Original Language Title: 安徽省《长江河道采砂管理条例》实施办法

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(6th of June 5, 2003, Anhui provincial executive meeting considered by people's Government of Anhui Province, on June 6, 2003 the 158th release) first in order to strengthen the management of sand mining in the Yangtze River, maintain the stability of river of the Yangtze River, guarantees safety of flood control and navigation, in accordance with the regulations on the management of sand mining in the Yangtze River (hereinafter the regulations) and the facts of the province, these measures are formulated.
    Second exploitation of gravel in rivers in Anhui section of the Yangtze River (hereinafter referred to as sand mining along the Yangtze River) and management activities shall comply with the Ordinance and these rules. Third sand mining management in the Yangtze River and Chief Executive in charge of the local people. Province and Yangtze River City and County leading group of sand mining management in the Yangtze River should strengthen the management of sand excavation in Yangtze River activities within their respective administrative areas, organization, coordination and supervision of the sand mining along the Yangtze River.
    Sand mining in the Yangtze River Management Office of the leading group established water Administrative Department of the people's Governments at the corresponding level. Province and Yangtze River City and County Water Conservancy administrative departments in charge of the sand mining along the Yangtze River in the administrative area of management and supervision and inspection work.
    Public security and traffic administrative departments shall, in accordance with their respective responsibilities, to assist in the supervision and management of sand mining along the Yangtze River.
    The fourth province, and city and county governments along the Yangtze River water, public security and other administrative departments in sand mining along the Yangtze River in the supervision and inspection, and cooperate with, the implementation of joint law enforcement.
    Fifth article Province Government water administrative competent sector should according to Yangtze River mining sand planning, developed this province administrative within Yangtze River mining sand planning implementation programme, on this province administrative within the can mining district of specific range, and annual mining sand control total, and mining sand vessels control number and the mining of job way, and time, made specific provides, reported Province Government approved Hou implementation, while reported Yangtze River water Committee, and Yangtze River Harbor authority record.
    Article sixth of sand mining in the Yangtze River plans ban and the ban period, the provincial governments shall be published.
    Provincial water conservancy administrative departments may, in the administrative area of the Yangtze River in the province's water, works, flood and channel change and management needs, ban identified in sand mining in the Yangtze River planning area, ban period increasing the scope of the ban on logging, extend the ban period, submitted to the provincial people's Government for decision announcement.
    Seventh article application engaged in Yangtze River mining sand activities of units and personal should meet following conditions: (a) mining sand ship of mining sand power in 500 horsepower above 1000 horsepower following, and has flat mobile of job way; (ii) mining sand ship, and crew certificate complete, mining sand ship provides location standard has ship,; (three) mining sand ship has meet requirements of mining sand monitoring equipment; (four) has meet requirements of mining sand equipment and mining sand technicians; (five) Province Government water administrative competent sector provides of other conditions.
    Eighth article engaged in Yangtze River mining sand activities of units and personal in proposed mining sand application Shi, should submitted following material: (a) applicants of name, and address and the about proved material; (ii) mining of type and job way; (three) mining of locations and range (attached range figure and points coordinates); (four) mining time, and mining volume (including day mining volume, and annual total mining volume); (five) gravel stacked locations and abandoned material processing way; (six) mining sand technicians of situation; (seven) other about material. River City and County Water Conservancy administrative departments shall, from the date of receipt of the application at first instance in the 10th, to qualify, submitted to the provincial water conservancy administrative departments; belongs to the provincial boundary of critical section, signed by the provincial Department of water administration views, submitted to the Yangtze River Water Conservancy Committee.
    Provincial water conservancy administrative departments shall be the receipt of the application materials and review the preliminary review opinions within 30th of, qualified, approved issuance of river channel sand mining license; does not meet the conditions approved, decisions should be made in rejection within 7th day of notice to the applicant and the water conservancy administrative departments of first instance, together with the reasons.
    Specific approval procedures by the provincial water conservancy administrative departments.
    Nineth engage in sand mining in the Yangtze River the units and individuals shall be stipulated in the river channel sand mining license for exploitation, and their obvious signs jobs in sand areas.
    Tenth sand excavation vessel by provincial water conservancy administrative department number. Ban period, all the sand ships, recoverable period without taking sand in river channel sand mining license for the ship shall be in accordance with provincial standards of water conservancy administrative departments under the people's Governments of the demolition, removal of sand mining equipment, and parked in the home city and county governments along the Yangtze River, where in a given place; without justification, not allowed to leave the designated location.
    Really necessary to leave, should the flag is located along the city and County Water Conservancy administrative departments to apply, upon approval by the review before they can leave.
    Ban ban stuck sand ships in the region.
    11th place of sand mining along the Yangtze River shipping sand and gravel units and individuals shall be shipped units and individuals holding a river channel sand mining license gravel mining. 12th engage in sand mining in the Yangtze River the units and individuals shall be in accordance with the State standards to provincial water conservancy administrative departments or its authorized units pay a fee for sand resource in the Yangtze River. Provincial water conservancy administrative departments will be charged for the Yangtze River Channel sand resource fees all turned over to the province's finances.
    Yangtze River sand resources fee levy, the use of management practices in accordance with the relevant provisions of the State.
    Units engaged in sand mining along the Yangtze River and individuals no longer pay fees for sand mining management and compensation fees for mineral resources.
    13th due to sand mining in the Yangtze River between different administrative areas of dispute, consultations should be processed through consultation, the upper-level people's Government decision, all parties concerned must comply with.
    14th province and Yangtze River City and County Water Conservancy administrative departments shall establish a sand mining in the Yangtze River system of supervision and reporting.
    On units and individuals to report acts of illegal sand mining, province and Yangtze River City and County Water Conservancy administrative departments shall, from the date of receipt of the report dealt with according to law within the 7th, and the results written notice of an informer.
    15th article violates the tenth article of this approach, provisions of the third paragraph, by the Department of water administration under the people's Governments at and above the county level shall be ordered to correct, fined 10,000 yuan and 30,000 yuan fine.
    16th in violation of the provisions of article 11th, 18th article punished according to the regulations.
    17th article violation Ordinance 18th article provides, has following behavior one of of, belongs to plot serious, by County above place Government water administrative competent sector law seized or confiscated illegal mining sand ship, and on confiscated of illegal mining sand ship be auction; to auction or auction not off of, can local demolition, and destroyed: (a) in Yangtze River flood alert level above or distance Yangtze river dike di feet 300 meters within, and distance Yangtze River revetment engineering 400 meters within mining sand of;
    (B) in the main channel of the Yangtze River waterway of the Yangtze River caused traffic jams or accidents caused by sand and (iii) use a small suction pump Placer; (d) belong to a serious extent other acts.
    18th illegal sand mining activities of units and individuals refusing to accept treatment or flee the scene, competent administrative departments of local people's Governments at or above the county level water right to Park illegal sand drag the ship to a designated location, and dealt with according to law, charges incurred will be borne by the person responsible.
    19th in violation of the Ordinance and these regulations, units and individuals subject to administrative penalties, within 1 year from the date of the decision on administrative penalty shall not apply for activities engage in sand mining in the Yangtze River.
    20th on illegal sand mining in the Yangtze River waterway navigation safety of, the relevant administrative authority shall make a decision of administrative penalty according to law within 7th day of provincial leading group on sand mining management in the Yangtze River for the record.
    21st organized, planned illegal sand mining activities, as well as disrupt, hinder the relevant competent administrative departments shall carry out their duties, activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law. 22nd article of the rules take effect on October 1, 2003.
                                                                                                            On October 23, 2000, issued by the people's Government of the people's Government of Anhui Province on the Anhui section of provisions on the ban on sand mining in the Yangtze River repealed simultaneously.

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