Laws and regulations on illegal exploitation of river sand

Laws and regulations on illegal exploitation of river sand:

1. Article 39 of the Mineral Resources Law

Whoever, in violation of the provisions of this Law, enters the state-planned mining areas and mining areas of great value to the national economy without obtaining a mining license, or mines specific minerals that are subject to protective mining as stipulated by the state, shall be ordered to stop mining, compensate for losses, confiscate the mined mineral products and illegal income, and may also be fined; Those who refuse to stop mining and cause damage to mineral resources shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. Units and individuals that enter the mining areas of state-owned mining enterprises and other mining enterprises established by others according to law shall be punished in accordance with the provisions of the preceding paragraph.

2. The current criminal law:

Article 343 Crime of illegal mining

Whoever, in violation of the provisions of the Mineral Resources Law, mines without obtaining a mining license, enters a mining area planned by the state, a mining area of great value to the national economy or other people's mining areas without authorization, or mines a specific mineral subject to protective mining as stipulated by the state, if the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or shall only be fined; If the circumstances are especially serious, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined. The crime of destructive mining violates the provisions of the Mineral Resources Law and uses destructive mining methods to mine mineral resources, causing serious damage to mineral resources, and shall be sentenced to fixed-term imprisonment of not more than five years or criminal detention and fined.

3. Administrative regulations: Paragraph 4 of Article 44 of the Regulations on River Management in People's Republic of China (PRC);

In violation of the provisions of these regulations, any of the following acts shall be ordered by the river authorities of the local people's governments at or above the county level to correct the illegal acts and take remedial measures, and shall be given a warning, fined and confiscated of the illegal income; The relevant responsible personnel shall be given administrative sanctions by their units or higher authorities; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(4) Sand mining, earth borrowing, gold panning, sand or silt disposal, blasting, drilling and fish pond digging within the scope of river management without approval or in accordance with the provisions of the river authorities.