Catalogue of Management Measures for River Sand Mining in Shaanxi Province

(Shaanxi Provincial People's Government issued June 65438+July 2004; According to February 22nd, 20 12, the Shaanxi provincial people's government's decision on amending the administrative compulsory clauses of some provincial government regulations)

Article 1 In order to strengthen the management of sand mining in rivers and ensure the safety of all kinds of engineering facilities within the scope of river flood control and river management, these measures are formulated in accordance with the provisions of the People's Republic of China (PRC) Water Law, the Regulations on River Management in People's Republic of China (PRC) and the Regulations on River Management in Shaanxi Province, combined with the actual situation of this province.

Second within the administrative region of this province, sand mining in rivers must abide by these measures.

The term "river sand mining" as mentioned in these Measures refers to sand mining, earth borrowing, gold panning and other activities within the management scope of rivers (including lakes, reservoirs and artificial waterways).

Article 3 Sand excavation in river courses shall meet the requirements of overall flood control deployment and river course management. The principle of combining unified management with hierarchical management, overall planning, planned mining, total control and ensuring safety shall be implemented.

Fourth river sand mining management to implement the chief executive responsibility system of the people's governments at or above the county level. The people's governments at or above the county level shall take overall responsibility for sand mining in rivers within their respective administrative areas, and the persons responsible for flood control in rivers and river sections shall also be responsible for sand mining management in rivers.

The water administrative department of the people's government at or above the county level shall be responsible for the unified management and supervision of river sand mining within their respective administrative areas.

Entrusted by the water administrative department at the same level, the river management unit shall undertake the management of river sand mining within its administrative area.

Sanmenxia reservoir management agency is responsible for the management and supervision of river sand mining within the scope of reservoir management.

The public security department is responsible for the public security work of river sand mining, imposing public security punishment on acts violating public security management in sand mining activities, and cracking down on criminal acts in sand mining activities according to law.

Article 5 Any unit or individual has the right to report the illegal acts of river sand mining to the water administrative department of the people's government at or above the county level, the management institution of Sanmenxia reservoir area and other relevant departments. Departments and institutions that receive reports shall promptly investigate and deal with them.

Sixth water administrative departments shall, according to the river flood control planning, regulation planning and the current situation of the river, prepare the river sand mining planning. The contents of river sand mining planning include: delineation of exploitable areas, forbidden mining areas, forbidden mining periods, recoverable depth, total river exploitation, number and layout of sand mining points, sand mining planning scheme, etc.

If the planning content of sand excavation in rivers involves the scope of protection of railway, transportation, electric power, communication and other facilities, the opinions of the relevant administrative departments shall be sought.

Article 7 The sand mining planning from Baoji Gorge Dam of Weihe River to Xianyang Railway Bridge, Wuhou Town of Mianxian County of Hanjiang River to Xiaoxiakou Section of Yangxian County, and Erlongshan Reservoir Dam of Danjiang River to Yueritan Section of Danfeng County shall be compiled by the water administrative department of the relevant county (city, district) people's government and submitted to the water administrative department of the provincial people's government for approval.

Within the administrative area of Weinan City, the sand mining planning of the following rivers of Weihe River and the hydrological station of Luohe River shall be compiled by the management institution of Sanmenxia Reservoir Area of the province and submitted to the water administrative department of the provincial people's government for approval; Other river sand mining planning within the management scope of Sanmenxia reservoir area shall be compiled by the water administrative department of the municipal people's government with districts and organized by the water administrative department of the relevant county (city, district) people's government, approved by the management institution of Sanmenxia reservoir area in the province, and submitted to the water administrative department of the provincial people's government for the record.

Sand mining planning of other rivers and river sections in the province shall be compiled by the water administrative department of the local people's government at the county level and reported to the water administrative department of the municipal people's government with districts for approval.

Once the river sand mining plan is approved, it must be strictly implemented. If it is really necessary to modify the river sand mining plan due to the change of river regime and sand resources distribution, it shall be reported to the original examination and approval authority for approval.

Article 8 The main stream of Weihe River runs from Baoji Gorge Dam to the Yellow River Estuary, the main stream of Hanjiang River runs from Wuhou Town of Mianxian County to Xiaoxiakou Section of Yangxian County, and the main stream of Danjiang River runs from Erlongshan Dam to Yueritan Section of Danfeng County. Sand mining in rivers is prohibited from June 1 day to September 30th every year.

The mining prohibition period of other rivers shall be determined by the relevant municipal, county and district people's governments.

The following areas of the river are prohibited mining areas:

(a) the scope of management and safety protection of river flood control projects, river regulation projects, reservoir hubs, hydrological observation facilities, culverts and water intake and drainage projects;

(two) river dam crest section, dangerous sections, berms, revetments, planned protected areas, water control lines outside the river bed;

(three) the scope of safety protection of railways, highways, bridges, docks, communication cables, gas pipelines, transmission lines and other engineering facilities;

(four) other areas that need to be designated as prohibited mining areas.

The designated forbidden mining area shall be announced by the water administrative department, and the relevant engineering facilities management unit shall set up obvious signs of no mining.

It is forbidden for any unit or individual to carry out river sand mining activities during the forbidden mining period and the forbidden mining area.

Article 9 The water administrative department of the municipal, county and district people's governments shall, according to the situation of sand source recharge, the degree of river bed undercutting, the variation range of groundwater level on both sides of the strait and the influence of sand mining on flood control projects, put forward a plan to completely ban sand mining in river courses or river sections, and make an announcement after being approved by the people's government at the same level. And report to the water administrative department of the people's government at the next higher level for the record.

Tenth river sand mining license system shall be implemented according to law.

Units and individuals that carry out sand mining in the river below the Weihe River mainstream and Luohe River mainstream hydrological station within the administrative area of Weinan City shall apply to Sanmenxia Reservoir Management Agency.

Units and individuals shall apply to the water administrative department of the municipal people's government with districts for sand mining in the river directly managed by the water administrative department of the municipal people's government with districts.

Units and individuals for sand mining in rivers other than those mentioned in the preceding two paragraphs shall apply to the water administrative department of the people's government at the county level where sand mining is located.

Eleventh to apply for a permit for sand mining in rivers, the following materials shall be submitted:

(a) an application for sand mining;

(two) the applicant has an interest in sand mining with a third party, and the agreement or relevant documents reached with the third party;

(three) units and individuals engaged in sand mining activities in commercial rivers shall provide a copy of the business license and other relevant documents.

Article 12 The contents of an application for sand mining shall include: the name of the applicant, enterprise code, address, name and position of the legal representative or person in charge, the name and address of the applicant, ID number, telephone number, mining location, mining time, operation mode, mining depth, annual mining volume, types and quantity of sand mining machinery, sand and gravel stacking location, waste disposal scheme, transportation route, flood control measures, etc.

Article 13 The water administrative department of the people's government of the city, county and district and the management institution of Sanmenxia reservoir area of the province shall make a decision on whether or not to grant permission within 20 working days from the date of receiving the application for river sand mining. If the license is not granted, the applicant shall be informed in writing within 7 working days.

Fourteenth units and individuals that meet the following conditions, after examination by the organ that accepts the application, shall be issued with a permit for sand mining in the river:

(a) engaged in river sand mining business, in line with the provisions of the business license and business scope;

(2) Having sand mining equipment that meets the requirements;

(three) outside the scope of river management, there is a sand yard;

(four) there are transportation routes that meet the requirements;

(five) there is no illegal record of river sand mining;

(six) the mining location, operation mode, mining depth and mining volume conform to the relevant provisions of the river sand mining planning.

Fifteenth river sand mining permit can be determined by public bidding. By way of bidding, organized and implemented by the authority with the right to examine and approve the river sand mining permit.

Article 16 Where villagers dig sand, stones and earth materials less than 50 cubic meters along the river, they shall apply directly to the water administrative department of the people's government at the county level where the sand mining is located with the certificate of the village committee. After approval, it will be collected and transported at the designated place, and the river sand mining license will no longer be handled.

Seventeenth river sand mining license printed by the water administrative department of the provincial people's government.

River sand mining license is divided into original and duplicate, the original is kept by the holder, and the duplicate is hung on the sand mining site. If it is collected and transported by itself, it shall carry a copy with the transport vehicle or ship.

River sand mining permit shall not be forged, altered, traded, mortgaged, leased, lent or transferred by other means.

The validity period of river sand mining permit shall not exceed 1 year.

Eighteenth units and individuals allowed to sand mining in the river, must comply with the following provisions:

(a) in accordance with the provisions of the river sand mining license mining location, mining period, mining scope, mining depth, mining volume, operation mode of sand mining;

(two) at any time to transport, clean up or level sand and gravel, waste rock piles and sand quarries, and remove obstacles to flood discharge in rivers;

(3) It is not allowed to damage river engineering, water engineering, embankment top pavement, surveying markers, hydrological observation facilities, lighting and alarm facilities (appliances), communication cables, billboards, boundary markers, mileage piles, dike protection facilities, river shelterbelts and other engineering facilities within the scope of river management;

(four) it is forbidden to pile up sand and gravel materials, install screening and washing equipment, build material platforms, houses and other buildings within the scope of river management;

(5) No articles may be piled up in river engineering and other engineering facilities and their safety protection scope and berm;

(six) during the mining ban, sand mining machinery and boats must withdraw from the scope of river management;

(seven) before the end of each month, submit the amount of sand mining this month and the planned mining amount next month to the examination and approval authority.

Nineteenth in the forbidden mining period and the forbidden mining area for dredging, the water administrative department shall put forward specific plans, submitted to the people's government at the same level for approval, and organize the implementation. Before the start of construction, it shall notify the relevant engineering facilities management unit.

Article 20 Units and individuals who sand in rivers must pay the fees for sand and gravel resources in rivers to the authorities that issued the licenses for sand mining in rivers, and no longer pay the management fees for sand mining in rivers and the compensation fees for mineral resources.

No unit or individual may reduce the fees for river sand and gravel resources.

The collection standard of river sand and gravel resource fee shall be formulated by the administrative department of finance and price of the provincial people's government in conjunction with the water administrative department.

Twenty-first river sand resources fees are administrative fees, the implementation of budget management, income paid in full, expenditure through the financial budget arrangements.

The cost of river sand and gravel resources shall not be withheld or misappropriated by any department, and shall be used for the supervision and inspection of the management, maintenance and facilities renewal of river embankment projects and the law enforcement of river sand mining.

The sand and gravel resource fees charged by the water administrative department and the Sanmenxia reservoir management institution should be gradually solved. The measures for the administration of solution ratio and its use shall be formulated separately by the financial administrative department of the provincial people's government in conjunction with the water administrative department.

Article 22 the provincial water administrative department and the Sanmenxia reservoir area management institution shall apply for a fee permit in accordance with the Regulations on the Administration of Administrative Fees in Shaanxi Province, and use the special fee bill for river sand resources uniformly produced by the Provincial Department of Finance.

When it takes time to collect river sand and gravel resources, the toll collector shall show his legal documents and the basis for charging.

Twenty-third authorities issuing river sand mining licenses shall not entrust self-supporting institutions and enterprises to collect river sand mining resource fees.

Article 24 The water administrative department of the people's government at or above the county level shall strengthen the supervision and inspection of the management of river sand mining within their respective administrative areas, maintain the order of river sand mining, and promptly investigate and deal with illegal sand mining.

The examination and approval authority of river sand excavation planning shall perform the duties of supervision and inspection on the implementation of river sand excavation planning.

The issuing authority of river sand mining license shall be responsible for the on-site management of river sand mining, investigate and deal with illegal acts and impose administrative penalties.

The higher authorities of the river sand mining license issuing authority shall perform the duties of supervision and inspection on the issuance and management of licenses, correct improper administrative licensing behaviors, and guide and coordinate the handling of major cases of river sand mining within their respective administrative areas.

Article 25 In case of flood emergency, the provincial water administrative department or the Sanmenxia reservoir management agency has the right to decide to stop sand mining operations in rivers and forcibly remove sand piles and sand mining equipment and facilities that hinder flood discharge.

Twenty-sixth vehicles carrying sand and gravel are prohibited from driving along the top of the embankment.

Units and individuals that need to build sand and gravel vehicles to cross the embankment in the river shall be handled in accordance with the provisions of Article 22 of the Regulations on River Management in Shaanxi Province.

Article 27 Units and individuals engaged in river sand mining shall sign a river dredging agreement with the authority that issued the river sand mining license, and be responsible for removing the obstacles to flood discharge. If it is not removed within the time limit, it shall be forcibly removed by the water administrative department or the Sanmenxia reservoir area management institution, and the required expenses shall be borne by the sand mining units and individuals.

Article 28 Whoever, in violation of the provisions of the present measures, fails to apply for a permit for sand mining in the river course, sand mining within the scope of river course management without authorization, shall be ordered by the water administrative department of the people's government at or above the county level or the management institution of Sanmenxia Reservoir Area to stop the illegal act, confiscate the illegal income and impose a fine of less than 20,000 yuan according to the provisions of Article 44 of the Regulations on River Course Management in People's Republic of China (PRC).

Article 29 Whoever, in violation of the provisions of the fourth paragraph of Article 8 of these measures, mines sand in the forbidden mining period or the forbidden mining area shall be ordered by the water administrative department of the people's government at or above the county level or the management institution of Sanmenxia reservoir area in the province to stop the illegal act and be fined between 20,000 yuan and 30,000 yuan.

Article 30 Anyone who violates the provisions of the third paragraph of Article 17 of these Measures shall be ordered by the water administrative department of the people's government at or above the county level or the management institution of Sanmenxia reservoir area of the province to stop the illegal act, and be fined between 65,438 yuan and 30,000 yuan, and the river sand mining license forged, altered, bought, sold, mortgaged, leased, lent or otherwise transferred shall be confiscated. Suspected of a crime, transferred to judicial organs for criminal responsibility according to law.

Article 31 Anyone who violates the provisions of Items (1), (2), (4), (5) and (6) of Article 18 of these Measures shall be ordered by the water administrative department of the people's government at or above the county level or the management institution of Sanmenxia reservoir area in the province to stop the illegal act, make a correction within a time limit and impose a fine of 6,543,800 yuan to 20,000 yuan.

Thirty-second in violation of the provisions of article eighteenth (three) of these measures, the water administrative department of the people's government at or above the county level or the Sanmenxia reservoir management institution shall be punished in accordance with the provisions of Article fortieth of the Regulations on River Management in Shaanxi Province.

Thirty-third in violation of the provisions of the first paragraph of Article 26 of these measures, the water administrative department of the people's government at or above the county level or the Sanmenxia Reservoir Management Agency shall order it to stop the illegal act and impose a fine of more than 5000 yuan 10000 yuan.

Thirty-fourth in violation of the provisions of these measures, do not pay the fees for sand and gravel resources according to law, shall be ordered to pay within a time limit by the authority that issued the river sand mining permit. Refuse to pay, impose a fine of more than 2 times and less than 5 times of the river sand resources fee that should be paid, and stop sand mining activities.

Thirty-fifth use violence, threats and other means to refuse or hinder the staff of the water administrative department or Sanmenxia reservoir management agency to perform official duties according to law, in violation of public security management, the public security organs shall give administrative penalties for public security according to law; Suspected of a crime, transferred to judicial organs for criminal responsibility according to law.

Thirty-sixth in accordance with the provisions of a fine of more than 20 thousand yuan, the parties have the right to request a hearing.

Thirty-seventh if a party refuses to accept a specific administrative act made by the water administrative department or Sanmenxia reservoir management institution, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 38 If the provincial administrative department and the Sanmenxia reservoir management institution violate the provisions of Article 22 of these measures, or fail to collect fees for river sand and gravel resources in accordance with the prescribed scope and standards, the financial and price administrative departments shall deal with them in accordance with the provisions of Articles 24, 25 and 26 of the Regulations on the Administration of Administrative Fees in Shaanxi Province.

Article 39 If the water administrative department, Sanmenxia reservoir management organization, river management unit and their staff violate the provisions of these measures and commit any of the following acts, the competent department or the supervisory organ shall give administrative sanctions to the responsible person in charge and the directly responsible personnel; Suspected of a crime, transferred to judicial organs for criminal responsibility according to law:

(a) do not implement the approved river sand excavation planning, modify the river sand excavation planning without authorization or organize sand excavation in violation of the river sand excavation planning;

(two) in violation of the provisions of the examination and approval, the issuance of river sand mining permits;

(3) Failing to perform the duties of on-site management, supervision and inspection as stipulated in these Measures, resulting in disorder of river sand mining or major accidents;

(four) interception, misappropriation or refusal to solve the river sand mining resource fee.

Fortieth these Measures shall come into force as of August 6, 2004+0.