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Administrative Measures For Geological Disaster Prevention And Control In Shenzhen

Original Language Title: 深圳市地质灾害防治管理办法

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Janzhen Geological Disaster Control Approach

(Act No. 241 of the People's Government Order No. 241 of 4 June 2012)

Chapter I General

Article 1 provides for the maintenance of the life and property security of the people, the prevention and mitigation of damage caused by geological disasters, and the development of this approach in line with the provisions of the Geological Disaster Control Regulations of the Department of State and the Geological Environmental Management Regulations of the Province of Hiroshima.

Article 2. This approach applies to the control activities of geological disasters in the city's administration.

The defence and mitigation of earthquakes are carried out in accordance with the relevant laws, regulations and regulations for the prevention of mitigation; laws, regulations provide for the control of flood-induced landslides, landslides, cements.

Blood works (including construction, transport, water slopes, etc.) have occurred in the area of quality safety accidents in construction, in accordance with provisions such as construction, transport, water-li laws, regulations and standards, technical norms.

Article 3 of this approach refers to the risk of a certain degree of geological disaster, which is associated with the geological role identified by the survey.

This approach refers to geological disaster prevention, response, governance and governance works, including geological disasters (incidents):

(i) Prevention, including the early warning of geological disasters, the preparation of geological disaster control planning and annual control programmes, geological disasters (cluding) basic surveys, emergency surveys, hazardous assessments, professional monitoring, pre-emption surveys, morphology, cluster defence, technical advice, advocacy, training, incentives and management systems;

(ii) Emergency response, including temporary emergency response risk-recovery efforts in geological disaster situations or urgent work by the municipal authorities and superior authorities;

(iii) Governance, including the specific governance of existing geological disasters (incidents) (hereinafter referred to as dedicated governance) and new geological disasters in construction, alteration, expansion of construction works (including) (hereinafter referred to as accompanying prevention);

(iv) Work maintenance, including dedicated governance works, day-to-day management, maintenance, technical advice, etc.

Article 4

Municipal, district governments and relevant authorities should take a variety of forms of advocacy, universal access to geological disaster prevention and knowledge, strengthening units and individuals for disaster prevention, disaster response awareness and capacity.

Article 5 People's Governments (including new regional management bodies, the following bloc governments) should establish sound work responsibilities in the area of geo-disaster control and should perform the following responsibilities:

(i) To establish a system for the registration of sequencing of sound geological disasters (including) and to organize geo-disaster (hiding) inspections;

(ii) responsible for geological disaster response risk management;

(iii) Specialized governance for geological disasters (incidents) that are triggered by natural factors or that the responsibility for governance cannot be implemented, with the aim of forcing governance for geological disasters (including);

(iv) Maintenance of dedicated governance works that are triggered by natural factors or cannot be implemented by governance responsibilities.

Article 6 Planning organizations, coordination, guidance and oversight in charge of geological disaster control in the land area is responsible for conducting investigations, determinations and responsibilities with respect to all-urban geological disasters (including) and their levels.

The construction sector is responsible for the approval of specialized governance works that do not involve transport, water and professional engineering, and for the supervision of the management of specialized governance works that do not involve transport, water and professional works, and for the survey, design, construction, construction, inspection, completion, inspection, security maintenance and emergency control of construction works within the purview of this sector.

The transport, water sector is responsible for overseeing the management of transport, water-specific geological disaster management works, in accordance with the engineering construction regulatory process, and overseeing the survey, design, construction, management, completion, inspection, safety maintenance and emergency response risk management within the purview of this sector.

The urban administration is responsible for overseeing the safety and emergency management of slope works within the purview of this sector.

The development reform sector is responsible for the establishment of specific governance works for government investment, as set out in the rules and arrangements for financing.

The financial sector is responsible for allocating funds for specialized governance works in accordance with the annual Government investment project plan, and in accordance with the financial budget-related provisions, other geological disasters (including).

The meteorological sector is responsible for meteorological service security matters and assists in the planning of early warning of geological disaster meteorology in the land sector.

The relevant sectors of the city, district governments are working in the management of geological disasters in line with the division of duties.

Article 7. The burden of geological disaster management is governed by the following provisions:

(i) The prevention, response, governance and construction maintenance costs caused by natural factors are borne by the Government;

(ii) The prevention costs incurred by construction units, property rights or other actors in geological disasters (hidings), in accordance with the principle of “ownership and responsibility for prevention”, and in accordance with the principle of “person triggering, who governance” and the responsibility triggered by the triggered unit to bear the costs of emergency, governance and engineering maintenance;

(iii) The construction units of new construction, alteration, expansion of construction works assume the costs associated with the construction of a consortium; new construction, alteration, expansion of construction works are maintained by the owner or the actual user after the use of the property owner.

In accordance with the relevant provisions of this approach, the authorities of the District or the street offices have the right to seek redress in accordance with the provisions of paragraph 1 (ii), (iii) of this article.

Article 8 governs the costs of geological disasters (hiding) arising from natural factors and is borne by the municipal authorities.

The cost of geological disaster response, caused by natural factors, is borne by the municipal authorities and incorporated into the municipal government's annual fiscal budget.

The geological disasters (incidents) triggered by natural factors, the cost of dedicated governance works, and the division of responsibilities under this approach, are included in the Government's financial budget at the municipal, district levels, respectively.

The municipal government has made adjustments to this article in accordance with the realities of the municipal, regional financial management system.

Article 9. The level of geological disasters is governed by the provisions of the law, regulations and regulations.

Geological hazards are at risk and scale:

(i) Exclusively, the number of threatened more than 1,000 people (including the figure, below) or the potential economic loss of more than 1 billion dollars;

(ii) A major hidden number of more than 100 million people threatened (non-concluding, below) or potential economic losses of over €50 million;

(iii) Streamlin, where more than 100 people are threatened or more than 50 million dollars of potential economic losses;

(iv) Generally hidden, the number of people threatened is less than 5 million or potential economic losses.

Geological disasters (incidents) and their levels are identified by the organization of surveys in the planning of the land sector.

Article 10 Planning the territorial authorities should establish an expert counselling system for geological disaster prevention and response, in accordance with the relevant municipal government pool of experts.

The geological hazard assessment, the survey, design, construction, treasury units should have the corresponding qualifications certificates for nuclear launches in the national territory sector; the survey, design, construction, management units should have the corresponding qualifications certificates for the construction, transport, water services, etc. of administrative authorities that are adapted to their professional scope.

Chapter II

Article 11. The urban planning sector should organize geological disaster prevention planning in this city, with the approval of the municipal authorities, based on the findings of geological disasters (hidings) and the geo-disaster prevention planning at the grass-roots level.

The urban planning sector should, in accordance with geological disasters (hiding) surveys, monitoring results and geological disaster prevention efforts, determine in a timely manner the monitoring, prevention of responsibilities and governance responsibilities units, inform the monitoring, prevention of responsibilities and governance responsibilities in writing and transmit them to the local government.

Article 12. Infrastructures such as population concentration in residential areas, wind poles, large-scale businesses, schools, hospitals and transport dry lines, communications facilities, priority hydropower works, and fuel pipelines should be a priority for protection in geological disaster prevention and control planning.

Geological disaster control planning should clarify the scope, level of protection and requirements of geological disasters.

Article 13 provides for the development of the annual geological disaster prevention and control programme in the city, with the relevant authorities of the various districts and municipalities, in accordance with geological disaster control planning and the previous annual control.

The Annual Geological Disaster Control Programme of the city should provide arrangements for specialized governance works for geological disasters throughout the year.

The Annual Geological Disaster Control Programme in this city shall make annual planning arrangements for the costs of geological disasters (including) borne by the municipal, district governments, in accordance with Article VII, Article 8.

Chapter III

Article 14. The urban planning sector should establish a monitoring network to carry out dynamic monitoring of geological disaster risk, in accordance with the relevant provisions of the State, in accordance with the relevant provisions of the State.

As a result of construction, explosion and others, activities may trigger geological disasters (including), construction units, property rights or other actors are geological disasters (incidents) monitoring, prevention responsible for geological disasters (incidents) monitoring, prevention. The executive authorities, such as construction, transport and water, are responsible for guiding, inspecting and monitoring in accordance with their respective responsibilities.

Geological disasters arising from natural disasters (incidents), whose monitoring, prevention responsibilities are appointed by the district Government or by the street offices.

Article 15 Governments should strengthen the organizational leadership and work systems of geological disasters (incidents) in order to organize street offices, community working stations, resident councils and associated monitoring, prevention responsibilities, registration of geological disasters (incidents) and conduct daily inspections, record of the conduct of the trajectory, and establish an ombudsman.

In the event of the discovery of geological disaster situations, the sterilists should report in a timely manner on the territorial Government, the street office or the planning of the land-use sector, when the situation is critical, they should organize threatened mass escapes.

The units and individuals threatened by geological disasters (hiding) should be actively assisted in the conduct of geological disasters (hiding).

Article 16 Governments should create border warnings for major geological disasters within the jurisdiction, in accordance with the distribution of major geological disasters identified in geological disaster control planning and annual geological disaster control programmes.

In cases where construction work has been completed or new construction projects may result in geological disasters or in geological disasters, relevant monitoring such as construction units, property rights holders, preventive responsibilities should set warning signs and express protection measures.

Article 17 Governments should produce clear cards of geological hazards within the jurisdiction and distribute monitoring, preventive responsibilities and governance responsibilities units.

It is clear that the main elements of the card include the name, location and borders of geological disasters, the hierarchies, the monitoring and prevention of responsibilities and governance responsibilities, the means of contact, the state of prevention, the avoidance of risk routes, and the avoidance of dangerous sites.

Monitoring, preventive responsibilities and governance responsibilities units should provide a demonstration of the main content of the cards in the form of posting, advocacy orders, etc., within the context of geological disasters.

The urban planning sector should establish an early warning information system for geo-disaster meteorological forecasts with the urban meteorological sector. The early warning of geological disasters is based on the relevant provisions of the State and is actually divided into four levels in the context of my municipal work:

(i) A reminder that there may be little or less likely to occur within 24 hours;

(ii) At the level of attention, the possibility of a disaster within 24 hours is greater;

(iii) At the early warning level, the possibility of a disaster within 24 hours;

(iv) At the level of warning, there was a great likelihood of disasters within 24 hours.

Article 19 reminds the public that the information on early warning of geological disaster meteorology is not published, and the information on the warning of geological disaster meteorology forecasts is published by the city's planning sector after approval by the municipal authorities.

The early warning information on tiers, early warning levels, diameters of geological disaster forecasts is made available to the public through television, radio and radio-based media, including television, radio stations, which should be broadcast to the public within 15 minutes of receipt of information from the municipal meteorological services.

The municipal planning sector decides to issue early warning information on the level of early warning, the warning level geological disaster meteorology forecasts, and should inform the municipal emergency management, the three municipal defence sectors and the state of early warning.

Article 20 construction projects in geological disaster-prone areas, or construction projects within the context of the threat of geological disasters (including) and which may form major and special geological hazards, apply for the transfer or agreement of the acquisition of State land-use rights, and project applicants shall carry out geological disaster risk assessments in parallel with the feasibility study phase and will serve as part of the feasibility study. The feasibility study does not contain a risk assessment of geological disasters, and the municipal and regional development reform sectors may not approve their feasibility studies.

The use of national land use rights in geological areas through the auction of tenders by means of the walls, or by enabling State land-use rights in the context of the threat of geological disasters (including) to form a significant and geo-climatic cover, the planning of geo-disaster risk assessments by the territorial authorities in the construction of project selection sites and land pre-trial phases should be carried out.

Article 21, construction projects in geological disaster-prone areas, or construction projects within the context of the threat of geological disasters (incidents) and which may form major and special geological hazards, planning the territorial sector should take appropriate geological disaster control measures in the light of the findings of the geo-disaster hazard assessment report.

Article 2 provides for the construction of geo-disaster prevention and control measures to be required, and construction units should organize the preparation of a consortium for the prevention of construction works and, after the review of qualifications by the construction map review body, may apply for construction planning permits.

The construction project's accompanying prevention work should be monitored in line with their respective responsibilities in parallel with the design, construction, inspection and delivery of major works.

When the main works are accompanied by a survey of qualifications, their owner or the actual user should be responsible for supporting the day-to-day maintenance of the preventive work, conducting regular inspections, finding that problems are addressed in a timely manner and reporting to the territorial Government, planning the land sector.

Chapter IV

Article 24 Planning of the land sector should be followed by the preparation of municipal-level emergency geological emergencies with the relevant functions of the city and post-commercial government approval.

Regional Governments should develop and make public the implementation of emergency preparednesss for hostile geological disasters in this area, in accordance with the sudden-onset geological disaster response scenarios published by the municipal authorities, and be sent to the city's planning sector, urban emergency management, and the three municipal defence sectors.

Article 25 Governments of geological disasters or areas where they occur, street offices should be immediately organized to carry out on-site investigations and take effective measures to prevent the occurrence, risk or the expansion of disaster situations.

After geological disasters or circumstances, the municipal and district governments may establish an on-site emergency risk command based on the needs of disaster relief efforts. The planning of the land sector can select the technical decision-making basis for expert field surveys.

Article 26 Geological disaster forecast early warning reached an early warning level, and the start-up sector mandated by the early warning local governments and the municipal emergency geological disaster response scenarios should be ready to initiate emergency preparedness, in accordance with the procedures.

Geological disaster meteorological forecasts reached the warning level, and the emergency pre-launching sector established in the early warning area and in the case of sudden-on-cident geological disaster emergencies should be launched in due process.

Article 27, in the event of a geological disaster or a dangerous situation, requires immediate emergency response to the disposal of a risk and should be implemented in accordance with the procedures set out below, but also by the construction, transport, water-related laws, regulations and regulations:

(i) The establishment of the Department of Field Emergency Preparedness, the organization of all aspects of power disposal, the organization of threatened personnel, property avoidance;

(ii) The planning of the land sector should conduct a field survey of experts with sectors such as construction, transport and water services, and make recommendations for the emergency risk management programme;

(iii) The Department of Field Emergency Preparedness Command established a programme for emergency risk management, which, in accordance with the relevant provisions, designates the required survey, design, construction, treasury units, with clear settlement principles;

(iv) Regional government organizations survey, design, construction and treasury units carry out emergency risk management.

In response to the cost of geo-disaster emergency response, triggered by man-made activities, the authorities of the region have the right to seek compensation in accordance with the law upon their emergency response.

Article twenty-eight municipalities and regional governments should establish a geological disaster emergency reserve system that would enhance the security of goods for the prevention and disposal of sudden-onset geological disasters.

Chapter V

Article 29 identifies specific governance works for geological disasters (including) and should be tailored to the causes, scales and the extent to which people live and property security are at stake and should be relocated in a manner that ensures that governance costs cannot be managed or overheaded by governance.

Article 33, geological disasters arising from construction and other activities (incidents), are subject to governance responsibility as a governance responsibility unit triggered by the construction units, property rights or other actors. There are multiple governance responsibility units that assume governance responsibilities in accordance with their respective respective responsibilities; they cannot distinguish between their responsibilities and are shared by multiple governance responsibilities.

Geological disasters arising from natural factors (incidents), which are governed by sector governments, are governed by Article 8 of this approach.

Article 31 Geological disasters, which fall under one of the following conditions, are governed by the territorial Government:

(i) The unit of responsibility for governance has been revoked, cancelled and unrighted;

(ii) The responsibility for governance is natural and the natural person has died, has no legacy and no other rights obligations;

(iii) The whereabouts of the governance responsibility unit are unknown;

(iv) There is no property in the governance responsibility unit and no source of economic revenue, while there is no capacity to manage;

(v) Other governance responsibilities cannot be implemented.

After the governance of the district government organizations, it has the right to seek reimbursement for governance costs by law to the governance responsible units.

Article 32 Planning the land sector should, on the basis of scientific investigations, be determined in a timely manner by the specific governance responsibilities units that already exist in the city, in accordance with the annual Geological Disaster Control Programme.

In one of the following cases, the planning of the land sector should provide an analysis of the causes of geological disasters (incidents) and, within 5 days of the discovery of geological disasters (incidents) or receipt of geological disasters (cidents), the identification of specific governance responsibility units:

(i) Newly discovered geological disasters (intrusive) and the need for governance;

(ii) Unless there have been geological disasters within the scope of the determinations set out in the annual Geological Disaster Control Programme in this city, the survey found that governance is required;

(iii) The geological disaster (incident) of the dedicated governance responsibility unit has not yet been identified, and the relevant units or individuals have applied for identification.

For reasons such as the complexity of the geological situation, the period of identification should be extended, with the approval of the main heads of the land sector, with a maximum of 20 days. The statutory time of identification, mapping, etc. is not taken into account in the determination period.

Article XIII does not determine the results and may apply to administrative review or administrative proceedings in accordance with the law, but the executive review or administrative proceedings do not stop the implementation of the original finding, and the designated specialized governance responsibility units shall be governed by the determination of results and the related requirements for the timely conduct of geological disasters (hiding) in accordance with the determination and the relevant requirements.

Administrative review or administrative proceedings change the findings and the actual governance units can follow the governance costs by virtue of the law to the specific governance responsibilities established by administrative review or administrative proceedings.

Following the identification of the dedicated governance responsibilities unit of Article 34, the dedicated governance responsibility units should be mandated by law to conduct surveys, designs, emergency prestigation and specific governance programmes to incorporate dedicated governance work into their work plans and to transmit them to the planning sector.

In one of the following cases, the planning of the land sector should send a dedicated governance letter to the geological disaster governance responsibilities unit and clarify the elements of governance, time frames, etc.:

(i) Specific governance works already included in the annual geological disaster control programme in the city;

(ii) Determination of the specific governance responsibility unit for geological disasters in accordance with article 32, paragraph 2 (i), (ii) of this approach;

(iii) Determination of a specific governance responsibility unit for geological disasters, in accordance with article 32, paragraph 2 (c), of this approach, to apply for governance either governance or dedicated governance responsibility units;

(iv) Other necessary circumstances.

Following receipt of specific governance letters from the dedicated governance responsibilities units, construction, treasury units should be entrusted under the law within the time frame, and work related to the construction, transport, water and engineering oversight management applications for clearance or regulatory procedures prior to the construction of specialized governance works.

Article 33XV provides for specialized governance works that are not in line with the conditions of transport, water and professional engineering, and the construction sector shall approve the work of the engineering start within seven working days of the date of receipt of written requests:

(i) To receive specific governance letters;

(ii) Surveys, design, construction, treasury units meet statutory requirements;

(iii) The construction map was reviewed by the construction map review body;

(iv) Construction, service delivery kits and the procurement of goods are consistent with the relevant provisions of this city.

The construction sector should complete its approval within 15 working days.

Transport, water dedicated geological disaster management works are operated or regulated by the transport, water sector in accordance with the relevant provisions.

Article 36 Specific governance responsibilities units should be governed by law by quality, safety oversight procedures, quality, safety oversight oversight oversight oversight of the quality of construction of specialized governance works and safety of civilization.

The dedicated governance responsibilities units should be guided by the terms of the engineering category and the approval of the supervisory management for the start-up work, in accordance with the law, to conduct specialized governance engineering tests and clearances. The dedicated governance responsibility units at the time of the completion of the inspection should be informed of the participation of the planning of the land sector, which is qualified for the completion of the process, and the specialized governance responsibilities units should be delivered to the planning of the land sector within 30 days.

Article 37 dedicated governance responsibility units are responsible for the day-to-day maintenance of dedicated governance works, regular patrols, identification of problems in a timely manner, and reporting on sector governments and the planning of the land sector.

In accordance with article 33, paragraph 2, of this approach, article 31, which provides for geological disasters (includes), which are governed by the sectoral Government, the Office of the Street District shall entrust units such as the enterprise of the goods industry in accordance with the relevant provisions of government procurement to the day-to-day maintenance of specialized governance works, except in the case of Article 31, the specialized governance responsibilities units in the context of Article 1.

Chapter VI Legal responsibility

Article 338 Governments, the planning of the land sector and the relevant administrative authorities and their staff members are not carrying out their duties or incorrectly performing their duties in the management of geological disasters and are held accountable under the law; the alleged offence is transferred to the judiciary by law.

The construction unit consists of one of the following acts, which are being restructured by the planning of a time limit for the administration of the land sector; a failure to change; an end to the production, construction or use of a fine of 500,000 dollars; a suspected offence is transferred to the judiciary by law:

(i) In violation of article 20, paragraph 1, of this approach, construction projects in geological areas that are vulnerable to geological disasters, or construction projects within the context of the threat of geological disasters (including) and may generate major, special geological hazards, without assessment of the risk of geological disasters;

(ii) In violation of article 23 of this approach, the subject matter is to be produced or used in the form of an incompatibility with the non-performance or experience of the prevention works.

Article 40, in violation of article 37 of this approach, does not maintain a regular maintenance of dedicated governance works, is being modified by a time limit for planning the administration of the land sector, with a fine of $100,000 over time, resulting in loss of others, and the dedicated governance responsibility unit should be liable under the law.

Article 40 states that, in violation of article 31, paragraph 1, of this scheme, the geological disasters arising from construction and other activities (hiding) are not governed by the planning of the land-use sector responsible for the period of time-bound governance; the imposition of a fine of 500,000 overdue governance, which is not in compliance with the requirements of $300,000, and the dedicated governance work is vested in the planning of the land sector to the host government, and that, after the completion of the process, the territorial Government has the right to pursue the special governance costs paid by law.

Article 42 violates the State's provision that self-explosive explosions, graduation, construction of construction and other activities that may trigger geological disasters in the area of geological disasters, shall be subject to a fine of 200,000 dollars for the perpetrators and fines for the perpetrators to individuals; that the alleged offence is transferred to the judiciary in accordance with the law; the loss of others shall be borne by law.

Article 43 violates the State's provision that one of the following acts is committed by the planning of the Ministry of Homeland or other departments to cease the violation on the basis of the responsibility order, the assessment of the risk assessment unit, survey, design or institution's contract agreement, survey fees, design fees or imprisonment payments, or a fine of up to two times the payment of funds, a fine of 4 per cent of the construction unit's work costs, and may be responsible for the suspension of the operation, a reduction in the qualifications of the former authorized authority, and the removal of the offender's claims in violation of the law;

(i) Disadvantages in geological disaster risk assessments or wilful conceals the real situation of geological disasters;

(ii) Disadvantages in specialized governance works or accompanying a survey, design, construction and treasury activities to reduce the quality of work;

(iii) Exclusive certificates or extensions of their qualifications to cover risk assessment of geological disasters, dedicated governance works or accompanying survey, design, construction and treasury operations;

(iv) In the name of other units or in the name of this unit, other units may be allowed to carry out geo-disaster risk assessment, dedicated governance works or to accompany the survey, design, construction and penitentiary operations.

Article 44, in violation of the State's provisions, amounts to, damaged, damaged or damaged geological disaster monitoring facilities, dedicated governance works or accompanying facilities for prevention and control, are to be ordered by the planning of the territorial authorities to cease violations, to restore their status or to take remedial measures to impose a fine of 50,000 dollars; to the extent that the alleged offence is transferred to the judiciary by law.

Chapter VII

Article 42