Chongqing, Chongqing Municipal People's Government On The Revision Of The Decisions Of The Management Of Sand

Original Language Title: 重庆市人民政府关于修改《重庆市河道采砂管理办法》的决定

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Chongqing, Chongqing Municipal People's Government on the revision of the decisions of the management of sand

    (June 13, 2011 Chongqing Municipal People's Government for the 102th general meeting on June 30, 2011, Chongqing Municipal People's Government announced order No. 254, come into force on the date of promulgation), Chongqing Chongqing Municipal People's Government decided to sand mining regulations read as follows: Article fourth, amended to read: "city water conservancy administrative departments in charge of the city sand. City river management stations authorized by the municipal water conservancy administrative departments, responsible for sand mining Guide, manage and supervise the work of the whole city. District (County) Department of water administration in accordance with the measures provided for in the administrative area of sand mining management.

    ” One paragraph is added as the fifth paragraph: "marine, police, water, waterways and other related departments should be sand mining safety supervision and management in accordance with their respective responsibilities.

    ” II, and will 12th article second paragraph first items modified for: "Yangtze River River longevity above River, and jialing rivers road, and Wujiang River River, and three gorges library district 155-175 meters elevation within of support Cha River of mining sand ship mining sand equipment power shall not over 350-kilowatt, Yangtze River River longevity following River (containing longevity) of mining sand ship mining sand equipment power shall not over 1250-kilowatt, and has flat mobile of mining job way; other river within mining sand ship mining sand power shall not over 50-kilowatt.

    ” Third, the addition of an article, as the 15th: "river channel sand mining license auction, bidding, listing ways should be adopted, public resources and gradual integration into the unified implementation of trading venues. Except article 16th.

    ”

    Four, addition of an article, as the 16th: "the sand mining has one of the following, take the direct licensing sand mining along the way entities or individuals:

    "(A) the annual mining volume of less than 5000 tonnes may apply for sand mining in the region;

    "(Ii) due to sand mining along the River, waterway needed and offered for sale. "The waterway authorities for the purpose of navigation channel called sand, but not for sale, he shall first seek the views of the water conservancy Administrative Department and provided waterway approval documents and related information.

    ” Five, the 15th to the 17th, the first paragraph is amended as: "to meet the conditions of this regulation, and through auction, tender, determined tone of sand units or individuals, sand excavation permit issued by the water conservancy Administrative Department.

    ” Addition of a paragraph, as the second paragraph: "belonging to the 16th article, water conservancy administrative departments should be made within 20 working days after receipt of application for sand mining approval decisions. Approval, issuance of river channel sand mining license; is not granted, and shall notify the applicant in writing and state the reasons.

    ” Addition of a paragraph, as a fourth paragraph: "the sand mining vessels a ship a certificate, its sand mining license shall contain the name of vessel, ship inspection certificate number.

    ”

    VI by deleting article 20th. Seven, the 21st to 22nd, the second paragraph is amended as: "the district (County) of water Administrative Department shall, before the 10th day of each month of sand last month approved issuing and implementation the municipal water conservancy administrative departments.

    ” Section eight, the 22nd to 23rd, an additional, as the fourth item: "(d) when loaded with sand, sand mining boats loading shall be consistent with the approved quality, do not overload.

    ”

    The fourth item is the 11th article fifth. Article nine, the 23rd to 24th, the first paragraph is amended as: "engage in sand mining units and individuals shall be issued to the river channel sand mining license of water conservancy administrative departments pay channel sand resource fees. By way of auction, bidding, listing made of river sand mining rights, River sand resources fee for the auction, bidding or listing the transaction amount. River gravel and river sand resources fee mineral rights leasing specific collection, use management measures for the City Department of finance, Bureau, the Municipal Water Conservancy Bureau according to relevant regulations of the State.

    ” Ten, the 25th to 26th, one paragraph is added, as the second paragraph: "in violation of this regulation, of redundant loading of sand mining boats used to transport sand, by the water conservancy administrative departments order the rectification, fined 10,000 yuan and 30,000 yuan fine.

    ” Article XI the 28th to 29th, amended to read: "violation of the relevant provisions of sand were confiscated by the illegal sand excavation vessel, fines and confiscation of property, Chongqing should be in accordance with the provisions of the regulation, financial sector regulations.

    ” Section 12, the 31st to 32nd and amended as: "the tube directly under reach in these measures, from the Yangtze River fish Mahi Guo Jia Tuo Hao to River and jialing River from chaotianmen to ciqikou River. When the river and water level changes, city water conservancy administrative departments can redefine the tube directly under the scope of reach, reported to the municipal people's Government for approval to the public.

    ” 13, all provisions of the "district (County, City)" is amended as "district (County).

    ”

    In addition, provisions and individual words in the order make the necessary adjustments and modifications.

    This decision shall come into force as of the date of.



    The sand mining management in Chongqing, according to this decision and accordingly modified, republished.

    Annex: Chongqing sand mining management

    (November 12, 2003, Chongqing Municipal People's Government announced on June 30, 2011, 157th, Chongqing, the Chongqing Municipal People's Government to amend decision amendments to sand mining management approach)

    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.

    Article III district (County) 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 municipal water conservancy administrative departments in charge of the city River sand. City river management stations authorized by the municipal water conservancy administrative departments, responsible for sand mining Guide, manage and supervise the work of the whole city.

    District (County) Department of water administration in accordance with the measures provided for in the administrative area of sand mining management. 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 directly under River sand, river management, commissioned by the municipal water conservancy administrative departments specific management station and the rest River sand mining in the Yangtze River municipal water conservancy administrative departments entrusted district (County) Administrative Department of water management.

    Other rivers of sand mining management law by the district (County) of the water conservancy Administrative Department. District (County) on sand mining management in the border river from neighboring district (County) Department of water administration negotiated through consultation by the municipal water administration designated by the district (County) of the water conservancy Administrative Department.

    Reaches the specific scope of the border drawn by the municipal water conservancy Administrative Department.

    Maritime, police and water, waterways and other related departments should be sand mining safety supervision and management in accordance with their respective responsibilities.

    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, the municipal water administration departments along the district (County) 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 the River district (County) 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, Harbor, River and waterway professional planning.

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

    (A) the ban on logging and mining areas;

    (Ii) the ban on logging and mining;

    (C) the annual amount of sand control;

    (D) recoverable sand mining vessels and offshore sand mining by control number.

    Eighth River the following areas that should be included among banned mining district:

    (A) the river levees, damming of bridges, dams, channel protection;

    (B) within the current channel, buoy around 20 meters, buried underground pipes and lines of AIDS to navigation areas, parts of the main transition section upper and lower bar Bank, saddle notch part of non-navigable channel, conducive to the maintenance of navigation conditions in mountainous rivers such as Shi Liang, Shi Zui;

    (C) the lower River Road 3 m, cable 3 m;

    (D) the ship berthing and operation area, car, crossing the channel, ship facilities within 3 meters of dangerous goods anchorage;

    (E) other mining areas should be prohibited by law.

    Section Nineth district (County) of 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) 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 River sand directly under licenses issued by the municipal water administration authorities; other passages of the river channel sand mining license commissioned by the municipal water conservancy administrative departments along the district (County) of water conservancy administrative departments before providing.

    The Yangtze River and jialing River and Wujiang river channel sand mining license other than from the district (County) approval issued by the competent administrative Department of water.

    River channel sand mining license for a year, valid in the period.

    Prohibition of the forge, alter, buy, sell, lease, lend or otherwise transfer river channel sand mining license.

    12th in channels to the application sand units must be registered by the legal entity, individuals applying for sand must have full civil capacity of a citizen.

    Applications using a sand dredge sand, must meet the following criteria:

    (A) Yangtze River River longevity above River, and jialing rivers road, and Wujiang River River, and three gorges library district 155-175 meters elevation within of support Cha River of mining sand ship mining sand equipment power shall not over 350-kilowatt, Yangtze River River longevity following River (containing longevity) of mining sand ship mining sand equipment power shall not over 1250-kilowatt, and has flat mobile of mining job way; other river within mining sand ship mining sand power shall not over 50-kilowatt.

    (B) sand-ship, crew certificate is complete;

    (C) meet the requirements of the equipment of sand and sand mining 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, to the district (County), 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 River sand mining application received by the Administrative Department, to meet the conditions specified in the 12th and following criteria, should go to the site visit and the sand range maps:

    (A) meet the sand mining plan of mining areas and mining requirements;

    (B) meet the requirement of annual total amount of sand control;

    (C) up to the required mode of operation;

    (D) meet the sand mining boats, offshore sand mining points number of control requirements;

    (E) provided other conditions necessary for the water conservancy Administrative Department. 15th river channel sand mining license should be through an auction, bidding, listing ways, public resources and gradual integration into the unified implementation of trading venues.

    Except article 16th.

    16th River sand mining in one of the following circumstances, can take a direct license sand mining along the way entities or individuals:

    (A) the annual mining volume of less than 5000 tonnes may apply for sand mining in the region;

    (B) due to sand mining along the River, waterway needed and offered for sale.

    Channel management agencies for the purpose of the channel need to sand, but not for sale, he shall first seek the views of the water conservancy Administrative Department and provided waterway approval documents and related information.

    17th to meet the conditions of this regulation, and through auction, tender, determined tone of sand units or individuals, sand excavation permit issued by the water conservancy Administrative Department. Belonging to the 16th article, water conservancy administrative departments should be made within 20 working days after receipt of application for sand mining approval decisions.

    Approval, issuance of river channel sand mining license; is not granted, and 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.

    Sand mining vessels a ship a certificate, its sand mining license shall contain the name of vessel, ship inspection certificate number. 18th 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.

    19th 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 20th 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.

    21st 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.

    22nd water conservancy administrative departments approving annual sand amount cannot exceed the annual amount of sand control plan. District (County) of water Administrative Department 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.

    23rd engage in sand mining activities of units and individuals must comply with the following provisions:

    (A) approved in strict accordance with the river channel sand mining license location, scope, duration of total mining, operations and mining (really necessary change, shall renew the sand mining license);

    (B) with the mining operation, shall not be stacked sand or debris in the river;

    (C) shall not endanger the embankments, bridges, waterways, ports, terminals and Earth dams, power transmission lines, damage of hydrology, water quality testing, post and telecommunications, communication facilities, shall not destroy heritage;

    (D) when loaded with sand, sand mining boats loading shall be consistent with the approved quality, never overload;

    (E) prohibits the shipment of illegal sand excavation vessel loaded with sand ships to steal mining of river sand;

    (Vi) emergency flood season, sand mining units or individuals must submit to the flood control headquarters of the unified dispatching;

    (G) subject to the navigation safety requirements, the establishment of clear signs to ensure unimpeded passage and navigation safety. Article 24th sand units and individuals shall be issued to the river channel sand mining license of water conservancy administrative departments pay channel sand resource fees. By way of auction, bidding, listing made of river sand mining rights, River sand resources fee for the auction, bidding or listing the transaction amount.

    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.

    The 25th River sand mining management in the administrative departments and their staff to perform their duties of supervision and inspection, and the right to take the following measures:

    (A) require sand units or individuals to provide relevant documents, licenses and materials;

    (B) require sand units or individuals on issues related to the implementation of this approach to make notes;

    (C) into the sand or the individual production sites for investigation;

    (D) order the sand units or individuals to stop acts in violation of these measures.

    26th 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.

    Violation of this regulation, of redundant loading of sand mining boats used to transport sand, by the water conservancy administrative departments order the rectification, fined 10,000 yuan and 30,000 yuan fine.

    27th 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.

    28th 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.

    29th in violation of relevant provisions of sand were confiscated by the illegal sand excavation vessel, fines and confiscation of property, Chongqing should be in accordance with the provisions of the regulation, financial sector regulations.

    30th in accordance with these regulations shall be given administrative punishments, and the district (County) 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.

    The 31st under any of the following acts, by the competent authority responsible and other persons directly responsible shall be given administrative sanctions; a suspected crime, transferred to the judicial organs in accordance with the process:

    (A) Water Conservancy administrative departments and dereliction, modified river channel sand mining plan, violation of channel sand excavation planning approval of sand, not in accordance with the approval of the issuance river channel sand mining license, does not perform the duty of supervision and inspection or not in accordance with the national and river sand resources fee as municipal regulations;

    (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. 32nd tube directly under reach in these measures, from the Yangtze River fish Mahi Guo Jia Tuo Hao to River and jialing River from chaotianmen to ciqikou River.

    When the river and water level changes, city water conservancy administrative departments can redefine the tube directly under the scope of reach, reported to the municipal people's Government for approval to the public. 33rd 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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