Regulations of Sichuan Province on Geological Environment Management

Source:光雾山—诺水河世界地质公园Date:2021-05-21 10:46Visits:266


Regulations of Sichuan Province on Geological Environment Management

     

(Adopted at the 10th Meeting of the Standing Committee of the Ninth Sichuan Provincial People's Congress on August 14 1999; firstly amended in accordance with the Decisions on Amending the Regulations of Sichuan Province on Geological Environment Management at the 8th Meeting of the Standing Committee of the Eleventh Sichuan Provincial People's Congress on March 27 2009; secondly amended in accordance with the Decisions on Amending Some Local Regulations at the 31st Meeting of the Standing Committee of the Eleventh Sichuan Provincial People's Congress on July 27 2012)

 

Chapter I General Provisions

 

Article 1 In order to protect improve and make rational use of the geological environment prevent and control geological disasters safeguard public property and the security of citizens' lives and assets and promote the economic and social development of the whole province these Regulations are formulated in accordance with the Mineral Resources Law of the People's Republic of China the Environmental Protection Law of the People's Republic of China and other relevant laws and regulations and combined with the actual situations of Sichuan Province.

Article 2 The term "geological environment" as mentioned in these Regulations refers to the sum total of various geological bodies and geological effects that influence the survival and development of mankind.

Article 3 Units and individuals engaged in the exploration evaluation monitoring utilization protection and prevention of geological disasters of regional geological environment urban geological environment mine geological environment and geological relics within areas under the jurisdiction of Sichuan Province must abide by these Regulations.

Article 4 The management of geological environment shall follow the policy of combining protection with utilization and adhere to the principle that whoever makes use of the geological environment shall protect and whoever damages it shall govern.

Article 5 The people's governments at or above the county level shall strengthen their leaderships over the management of geological environment formulate plans for the protection and utilization of geological environment and include the geological environment management into their respective economic and social development overall planning so as to coordinate the protection and utilization of geological environment with economic construction and social development.

Article 6 People's governments at or above the county level shall be responsible for the management and supervision of the geological environment within their administrative areas.

The relevant departments of the people's governments at or above the county level shall in accordance with their respective duties do good jobs in protecting the geological environment.

Article 7 All units and individuals have the obligation to protect the geological environment and have the right to report or accuse the behavior of damaging the geological environment.

It is forbidden to encroach on or damage the facilities and equipment of geological environment protection projects.

Article 8 Units and individuals that have made outstanding achievements in the protection and utilization of geological environment and the prevention and control of geological disasters shall be commended and rewarded by the people's governments at or above the county level.

 

Chapter II Geological Environment Impact Assessment

 

Article 9 To formulate the overall planning of cities villages and towns and the programming of key areas for comprehensive land development economic development zones and agricultural and animal husbandry areas geological environment exploration and geological environment impact assessment shall be made within the areas; during the stage of planning and site selection geological environment exploration and geological environmental impact assessment shall be rolled out for the construction projects related to railways highways ports airports reservoirs as well as those in areas prone to geological disasters. 

Geological environment exploration and assessment shall be carried out in accordance with the relevant national standards.

Article 10 Geological environmental impact assessment shall be carried out in the development of geothermal mineral water and groundwater.

The development of geothermal and mineral water shall also be identified by the provincial competent administrative department of geology and mineral resources according to the national standards.

Article 11 Geological relics shall be recognized by the competent administrative departments of geology and mineral resources at or above the provincial level. Geological environmental impact assessment shall be carried out for the development and utilization of geological relics.

With important scientific research or ornamental value geological relics as well as valuable and rare ones geological relic nature reserves can be set up.

The establishment and development of geological relic nature reserves shall be submitted for approval in accordance with the relevant provisions. 

Article 12 Geological environmental impact assessment report shall be submitted to the competent administrative department of geology and mineral resources at or above the county level for audit and consent; without audit and consent it shall not be used as the basis for the planning or site selection of construction projects.

The geological environmental impact assessment report shall be submitted according to the national geological data submission regulations.

Geological environmental impact assessment of construction projects should be taken as the content of environmental impact assessment of construction projects and shall be implemented in accordance with the Regulations on the Administration of Environmental Protection of Construction Projects issued by the State Council.

 

Chapter III Protection of Mine Geological Environment

 

Article 13 The exploration and exploitation of mineral resources shall protect the geological environment of mines prevent and control geological disasters environmental pollution and ecological damage and a good job should be done in water and soil conservation vegetation restoration and land reclamation according to law.

Article 14 The exploitation of mineral resources shall be carried out in accordance with the geological environmental impact assessment of the mines. The mining-right owners shall pay deposit for mine geological environment and the specific measures shall be formulated by the provincial people's government.

Article 15 The mining-right owners shall in strict accordance with the approved design plan and construction specifications for mine construction carry out construction and build engineering facilities such as tailing ponds slag dam and prevent geological disasters caused by mining such as drainage subsidence landslide and mudslide.

Article 16 The mining-right owners shall in accordance with relevant provisions faithfully reflect the protection of the geological environment in the annual report on the development and utilization of mineral resources submitted to the competent administrative department of geology and mineral resources at or above the county level and accept supervisions and inspections by competent administrative department of geology and mineral resources.

Article 17 Where the exploration or exploitation of mineral resources causes damage to the geological environment or geological disasters it shall promptly report to the local competent administrative department of geology and mineral resources and take necessary measures for restoration and control to prevent the expansion of disasters.

Article 18 Where the mining-right owners suspend or close mines they shall complete the restoration and treatment of the mine geological environment such as soil and water conservation vegetation restoration and land reclamation on schedule.

 

Chapter IV Prevention and Control of Geological Disasters

    

Article 19 The provincial competent administrative department of geology and mineral resources shall organize the formulation of the province's geological disaster prevention and control plan and submit it to the provincial people's government for approval before implementation. 

The competent administrative department of geology and mineral resources at or above the county level shall organize to formulate plans for the local geological disaster prevention and control according to the geological disaster prevention and control plans of upper-level departments submit to the people's government at the same level for approval and implementation and to the competent administrative department of geology and mineral resources at the higher level for the record.

Geological disaster prevention and control planning across administrative areas shall be compiled and formulated by the competent administrative department of geology and mineral resources of the people's government at the higher level.

Article 20 Competent administrative departments of geology and mineral resources at various levels shall regularly survey the current situations of geological disasters formulate the annual geological disaster prevention plans and submit to the people's government at the same level for approval before the implementation.

Article 21 People's governments at or above the county level shall in accordance with the relevant provisions of the state stipulate geological disaster-prone areas and geological disaster risk areas. Visible signs should be set up at the boundary of the danger zone and announced.

In areas prone to geological disasters and engaged in various production and construction activities necessary measures should be taken to prevent geological disasters from being induced.

In geological disaster risk areas mining logging land reclamation slope cutting stone taking earth borrowing slag piling soil abandonment groundwater extraction and other activities that may induce geological disasters are prohibited.

Article 22 Competent administrative departments of geology and mineral resources at or above the county level shall supervise and inspect the actions that may cause geological environment damage and induce geological disasters within administrative areas. Units and individuals under inspection must truthfully report the situation and provide relevant information as required.

Article 23 People's governments at or above the county level shall in accordance with the relevant provisions of the state and the province arrange funds for the prevention and control of geological disasters that are suitable for the prevention and control of geological disasters.

For geological disasters formed naturally work related to control shall be carried out by relevant departments affiliated to the local people's government and those threatened units and individuals shall participate in the governance activity.

For geological disasters caused by human beings the units and individuals that induce geological disasters should be responsible and shoulder the corresponding costs for geological disasters governance.

Article 24 Geological disaster management plans shall comply with the national geological disaster management design specifications and submit to the competent administrative departments of geology and mineral resources at or above the county level for approval according to the prescribed procedures. After the completion of the geological disaster control projects acceptance check shall be made by the organs which approve and examine the governance plans.

For geological disasters might be induced by construction projects the construction units shall formulate prevention and control plans and organize them to be implemented. After the completion of projects for the prevention and control of geological disasters the competent administrative departments of geology and mineral resources shall participate in the acceptance check.

Article 25 Units undertaking the exploration design construction and supervision of geological disaster prevention and control projects shall have the qualifications prescribed by the state and obtain the corresponding qualification certificates.

 

 Chapter V Geological Environment Monitoring

 

Article 26 Given the dynamic monitoring of geological environment competent administrative departments of geology and mineral resources at all levels shall organize the establishment of geological environment monitoring network.

The geological environment monitoring institutions affiliated to the competent administrative department of geology and mineral resources are responsible for the dynamic monitoring of the geological environment within this area and the collection storage and utilization of data.

Article 27 The mining-right owners shall in accordance with the relevant provisions of the state dynamically monitor the geological environment of mines and regularly submit the monitoring results to the competent administrative departments of geology and mineral resources at or above the county level.

In the exploitation of groundwater geothermal and mineral water the mining-right owners shall make dynamic observations on water level water quantity water temperature and water quality regularly submit the observation data to the competent administrative departments of geology and mineral resources at or above the county level and accept theirs supervisions and inspections.

Article 28 Competent administrative departments of geology and mineral resources at or above the county level shall establish an early warning system for geological disasters and make timely predictions for major geological disasters.

Units and organizations in geological disaster-prone areas and dangerous areas shall establish a daily observation system for the geological environment and submit to the local competent administrative department of geology and mineral resources in a timely manner if any abnormal situation is found.

The forecast of sudden geological disasters shall be issued by the people's governments at or above the county level and necessary measures are taken by them to avoid risks.

Article 29 The provincial competent administrative department of geology and mineral resources according to the geological environment monitoring data is responsible for issuing the bulletins of the province's geological environment and geological disasters.

 

Chapter VI Legal Liability

    

Article 30 Whoever in violation of the provisions of these Regulations rejects to be inspected by the competent administrative departments of geology and mineral resources or resorts to deceit when being inspected refuses to report or falsely reports the geological environment exploration monitoring and evaluation data fails to submit the annual report on the development and utilization of mineral resources on time or refuses to submit shall be instructed by the competent administrative departments of geology and mineral resources at or above the county level to rectify within time limit; whoever fails to make rectifications within the time limit shall be fined RMB 2000.

Article 31 Whoever in violation of the provisions of these Regulations fails to carry out geological environmental impact assessment shall be instructed by the competent administrative departments of geology and mineral resources at or above the county level to make rectifications within time limit; whoever fails to make rectifications within the time limit shall be fined not less than RMB 10000 but not more than RMB 50000.

Article 32 Whoever in violation of the provisions of these Regulations encroaches upon or damages the facilities and equipment of geological and environmental protection projects shall be instructed by the competent administrative departments of geological and mineral resources at or above the county level to make corrections within time limit and to compensate for the losses; whoever fails to make corrections within the time limit shall be fined not less than RMB 1000 but not more than RMB 5000.

Article 33 Whoever in violation of the provisions of these Regulations makes use of geological relics without approval and causes harm or damage to geological relics shall be ordered by the competent administrative departments of geological and mineral administration at or above the county level to stop the illegal acts and confiscate the illegal. A fine of not less than RMB 10000 but not more than RMB 100000 may be imposed. 

Article 34 Whoever in violation of the provisions of these Regulations causes damage to the geological environment or geological disasters by human activities such as exploration exploiting mineral resources and engaging in engineering construction etc. the competent administrative departments of geology and mineral resources at or above the county level shall order them to restore and improve within  time limit; if whoever refuses to restore or manage within time limit or if the improvement fails to meet the requirements the competent administrative departments of geology and mineral resources making orders to rectify and improve shall take actions to improve environment the expenses for improvement shall be assumed by the person liable and a fine of not less than RMB 100000 and not more than RMB 500000 shall be imposed.       

Article 35 Whoever in violation of the provisions of these Regulations causes personal injury or property damage to another people shall be ordered to make compensation; if committing crimes criminal responsibility shall be investigated according to law.

Article 36 If the party concerned is not satisfied with the administrative punishment whoever may apply for administrative reconsideration or file an administrative lawsuit according to law.

Article 37 Any staff member of the competent administrative departments of geology and mineral resources who neglects duty abuses of power or engages in malpractices for personal gains shall be given administrative sanctions by working units or the higher-level competent administrative departments; If committing crimes criminal responsibility shall be investigated according to law.

 

Chapter VII Supplementary Provisions

 

Article 38 The meaning of relevant terms in these Regulations is "geological disasters" which refer to geological phenomena that endanger people's lives and property safety due to natural and artificially induced dilapidation landslides mudslides surface collapse ground fissures and ground subsidence.

"Geological relics" refer to the precious and non-renewable geological natural heritages formed developed and handed down due to various internal and external dynamic geological effects in the long geological history of the earth's evolution.

"Geological disaster-prone areas" refer to areas prone to geological disasters.

"Geological disaster risk areas" refer to areas where geological disasters are obviously likely to occur which may cause more casualties and serious economic losses.

Article 39 These Regulations shall come into force as of the date of promulgation. 

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