Administrative Measures On Sand Mining In Henan Province

Original Language Title: 河南省河道采砂管理办法

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Administrative measures on sand mining in Henan province

    (October 26, 2012 Henan Province Government 112th times Executive Conference considered through November 20, 2012 Henan Province Government makes 149th, announced since April 1, 2013 up purposes) first article for strengthening River mining sand management, maintenance River potential stable, guarantees flood control, and navigation, and involved river engineering and water ecological security, according to People's Republic of China water, and People's Republic of China River Management Ordinance, legal, and regulations, combined this province actual, developed this approach.

    Article in the administrative area of rivers in the province (excluding direct State management of river) in the sand and their management, these measures shall apply.

    Sand in these measures refers to in the River (including reservoirs and artificial waterways, flood, etc) within the scope of control mining activities such as sand, soil and the gold rush.

    Third people's Governments above the county level shall strengthen the leadership of sand mining management in the administrative area, organize and coordinate the work, solve the major issues in sand mining management.

    Sand mining management accountability, responsible for flood control in river channel sand mining management accountable.

    Fourth water Administrative Department of the people's Governments above the county level shall be responsible for the administration of sand mining in unified management, supervision and inspection work.

    People's Governments above the county-level public security departments are responsible for sand mining in security management, crack down on criminal acts of illegal sand mining activities.

    People's Governments above the county level transportation, land and natural resources, fisheries, forestry, security, regulatory and other administrative authorities in accordance with their respective mandates, assist in the supervision and administration of sand.

    Township people's Government shall assist and cooperate with the water conservancy administrative departments of the people's Governments above the county level on sand mining management.

    Fifth sand shall practise planning system.

    Preparation of sand excavation planning should take fully into account flood safety, transportation safety, security and water ecology of river engineering safety requirements, in line with the integrated planning and river basin flood control, River and waterway professional planning and links up with mineral resource planning.

    Sand excavation planning related to railways, roads, waterways, power, communications and other facilities, and nature reserves, scenic areas, wetland protection, shall solicit the views of the relevant departments.

    The sixth article of mainstream of huaihe River, hongruhe, shayinghe River, Tang Baihe, and Luo Wei, Communist drainage, Hui JI he and the Guo River, jialu River sand mining plan formulated by the Department of water administration under the provincial people's Governments concerned to seek relevant comments by the Administrative Department, submitted to the provincial people's Government, approved by the water conservancy Administrative Department.

    Other sand excavation planning of river by the County (city, district) formulated water Administrative Department of the people's Government, sought after relevant competent administrative departments, provincial people's Government approved by the water conservancy Administrative Department, and reported to the provincial water conservancy Administrative Department.

    River sand mining plan approved without modification; modifications required, shall be submitted to the approval authority for approval.

    Seventh article on sand mining plan shall include the following contents:

    (A) the sand reserves, distribution and replenishment analysis;

    (B) the ban on logging and mining areas;

    (C) ban and recoverable period;

    (D) the annual amount of sand control and depth;

    (E) the quantity of sand mining, sand machines;

    (Vi) along the banks control the number and layout of the sand yard;

    (G) the reject pile locations, treatment methods and site cleaning requirements;

    (H) sand impact analysis;

    (I) the planning, implementation and management.

    Article eighth the following areas for the ban:

    (A) flood protection works, River, reservoir, hydrological observation facilities, environmental monitoring facilities, culverts and water, drainage, hydropower projects and its subsidiary security protection facilities;

    (B) the dangerous River scouring, dangerous project,;

    (C) bridge, dock, pontoon crossings, waterways, River cables, pipes, tunnels and other works and its subsidiary security protection facilities;

    (D) drinking water source protection area;

    (E) nature reserve, scenic parks and wetlands;

    (F) other areas of the law ban on sand mining.

    Nineth following period for the ban:

    (A) of the main flood season;

    (B) when the river reaches or exceeds the warning level, reach or exceed flood season limiting water level of the reservoir;

    (C) the law ban on sand mining in other periods.

    Tenth municipalities, counties (cities and districts) water Administrative Department of the people's Governments shall ban and ban period shall be published and the establishment of clear ban signs.

    In the mining area, recovery period, due to changes in flood control, River, water projects and major water sports such as inappropriate sand mining, municipalities, counties (cities and districts) water Administrative Department of the people's Government in accordance with administrative rights, delineation of the temporary ban, or temporary ban.

    No unit and individual shall ban, ban on sand mining activities.

    The 11th provincial cities and counties (cities, districts) people approved by the water conservancy administrative departments should be based on sand mining plan, develop annual sand mining plan and make an announcement, and the up-level water Administrative Department of the people's Government for the record.

    Annual sand mining plan including mining area the specific scope, the annual amount of sand control, job, jobs, equipment and their quantity.

    12th sand through a licensing system.

    River channel sand mining license by cities and counties (cities, districts) of water Administrative Department of the people's Government in accordance with the administrative rights approval granted.

    13th application in sand mining, sand should be apply to the competent Department of water administration under the people's Governments at the County, and submit the following materials:

    (A) application for sand mining;

    (B) the business license;

    (C) mining location, depth and range (range);

    (D) production (including daily production capacity and total amount);

    (E) sand mining machinery and the corresponding technical basic information;

    (F) the place of sand piled up, reject and on-site processing, formation programmes;

    (VII) agreement with interested third parties.

    When copies of related materials submitted by the applicant, shall also submit the original, and is responsible for the authenticity of the submitted materials.

    14th County Water Conservancy administrative departments shall, from the date of receiving the application for sand within 5 working days to review the application materials, application materials are incomplete or not in compliance with the statutory form, inform the applicant shall rectify everything at once; application materials are complete and comply with the statutory format, or applicants are required to submit all the correct materials, be admissible. 15th water Administrative Department of the people's Governments at the county level after accepts the application for sand mining, belongs to this permit shall, within 20 working days from the date of acceptance of the application to make the decision whether or not to grant permission; belongs to the provincial people's Government of the water conservancy Administrative Department shall, within 5 working days from the date of acceptance for review comments submitted to the provincial people's Government has the right to license the water conservancy Administrative Department,

    Provincial Government water conservancy administrative departments shall review the comments received within 20 working days of the decision whether or not to grant permission.

    16th following a review in accordance with the following conditions, the licensing of water conservancy administrative departments shall make the decision to grant permission, sand mining licenses issued to the applicant; do not comply with the following conditions, make a disapproval decision, inform the applicant in writing and state the reasons:

    (A) the applicant has legally registered to obtain business licenses;

    (B) meet the sand mining plan of mining areas and mining requirements; (c) in line with the available sand and the total annual controlled production requirements; (d) practices comply with the requirements (e) sand and sand excavation machines meet the requirements of the technical personnel;

    (F) to meet the requirements of sand piled up, reject and on-site processing, formation programmes;

    (VII) reached an agreement with interested third parties;

    (H) no illegal sand mining records and (IX) other conditions stipulated by laws, rules and regulations. 17th river channel sand mining license related to land and resources, transportation and other departments concerned, by the water conservancy administrative departments for approval. Authorities after receiving the letter of water conservancy administrative departments for their comments, advice and feedback in the 10th.

    Comment does not calculate the approval time required of sand within the term of the license. 18th there are two or more applicants apply in sand mining in the same region, water conservancy administrative departments shall be made by way of open tender river channel sand mining license decisions.

    Its specific procedures in accordance with the provisions of relevant laws and regulations.

    19th river channel sand mining license uniformly printed by the provincial water conservancy Administrative Department.

    Prohibition of the forge, alter, buy, sell, mortgage, lease, lend or otherwise transfer of illegal sand mining license. Sand mining permits will be valid for not more than 1 year.

    River channel sand mining license expiration or exploitation has reached the river channel sand mining license of total production, river channel sand mining license shall automatically cease.

    20th provincial and County (city, district) people's Government for water shall not exceed the total annual approval by the Administrative Department of sand sand mining plan determines the annual amount of sand control.

    Cities and counties (cities, districts) people water Administrative Department shall, before January 31 of each year to the administration within a river channel sand mining license approval issued for the year of implementation and reported water Administrative Department of the people's Governments at a higher level for the record.

    21st engaged in river channel sand mining activities shall comply with the following requirements:

    (A) in accordance with the mining of river sand mining permit locations, duration, scope, depth, practices such as sand mining;

    (B) promptly of any sand removal out of the river and even reject pile;

    (C) sand mining operations may not be subcontracted to other entities or individuals;

    (D) shall not be damaged water conservancy projects, dike road surface and hydrological engineering facilities;

    (E) during the ban period should be the withdrawal of river sand mining machinery management;

    (F) the sand in a navigable river, and obey the traffic safety requirements and work area set up distinct signs;

    (G) the laws, rules and regulations relating to environmental protection and safety regulations.

    22nd engage in sand mining activities should be sand mining management in the payment of fees in accordance with the regulations. Sand mining management fees charged by the water conservancy Administrative Department.

    Specific measures for the collection and use by the provincial financial Department, in conjunction with the provincial prices, water conservancy administrative departments developed and submitted to the provincial people's Government.

    23rd water Administrative Department of the people's Governments above the county level shall strengthen the supervision and inspection of sand mining activities within their respective administrative areas, investigate and deal with illegal sand mining Act in a timely manner, maintaining the order of sand.

    24th water Administrative Department of the people's Governments above the county level and their staff carrying out sand mining supervision and inspection duties, the right to take the following measures:

    (A) investigation of production sites into the sand;

    (B) require sand units provide information relevant to the sand;

    (C) sand excavation units ordered to stop the illegal sand mining.

    25th water Administrative Department of the people's Governments above the county level shall, in conjunction with public security, transportation, land and resources departments on a regular basis carry out law enforcement inspections, found violations dealt with by the departments concerned in accordance with their respective responsibility according to law.

    26th competent administrative Department of the people's Governments above the county level shall water sand offence reporting system should be established, published telephone hotlines.

    Any unit or individual found illegal sand mining activities, water administration under the people's Governments above the county level have the right to report to the competent authorities, the water conservancy administrative departments should promptly investigate and deal with.

    27th water administration under the people's Governments at various levels, departments and other relevant departments and their staff, one of the following acts, directly responsible to the head of personnel and other persons directly responsible shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) does the sand mining plan approved or modified without authorization;

    (B) does not carry out sand mining management duties, causing sand disorder or major accident;

    (C) No approvals issued pursuant to the provisions of river channel sand mining license;

    (D) failing to investigate sand illegal acts;

    (E) is not levied in accordance with regulations or management fees of withholding or misappropriating sand;

    (F) other acts of abuse, malpractice, neglect their duties.

    28th article violation this approach provides, without approved or not according to River mining sand license provides of regional, and term and job way for mining sand of, law be banned or recovered River mining sand license, and by County above Government water administrative competent sector ordered stop violations, confiscated illegal proceeds, deadline clear obstacles or take other remedy measures, and at 10,000 yuan above 50,000 yuan following of fine; caused loss of, law bear compensation responsibility.

    29th article violates these rules, any of the following acts, by the Department of water administration under the people's Governments above the county level shall be ordered to desist from the illegal act, and to a fine of up to 10,000 yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) forge, alter, buy, sell, lease, lend or otherwise transfer of river channel sand mining license;

    (B) failing to sand and clean out the River, formation of the reject pile.

    30th article violates these rules, the ban did not include withdrawal of river sand mining machinery management, by the Department of water administration under the people's Governments above the county level shall order rectification refuses, fined not more than 2000 Yuan and 10,000 yuan.

    31st article violates these rules, damaged water conservancy projects, dike road, hydrological and engineering facilities, in accordance with the People's Republic of China provisions of the Water Act and other laws and regulations.

    32nd block Department of water administrative law enforcement personnel shall perform their duties activities contravening public security management by the public security departments shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law. 33rd article this way come into force April 1, 2013.

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