The Water Act stipulates sand mining in rivers

Legal subjectivity:

Let "illegal sand mining" lose the living soil. May 31, 2013 To explore the long-term management mechanism of river sand mining, on the one hand, we must crack down on and standardize river sand mining. Illegal behavior, on the other hand, the actual needs of scientific development must be considered. To this end, the Anding District Water Conservancy Bureau has adopted the "Water Law of the People's Republic of China", "Land Management Law of the People's Republic of China", "Forest Law of the People's Republic of China", " Based on laws and regulations such as the "National Flood Control Law of the People's Republic of China" and the "River Management Regulations of the People's Republic of China" and combined with the actual situation of the district, an implementation plan for the intensive clean-up and rectification of river sand mining in Anding District in 2013 will be formulated to crack down on violations and violations. The action against sand mining has been upgraded to a district-wide action. The person in charge of the bureau told this reporter that this centralized clean-up and rectification operation will correctly handle the relationship between effective protection and rational development and utilization, adhere to the principle of the unity of national interests, collective interests and personal interests, and propose that "whoever sets up obstacles will pay for it" "Who cleans up" requirements, concentrate time and personnel, comprehensively clean up, thoroughly solve the outstanding problems existing in river sand mining, curb waste and destructive behaviors in river sand and gravel resource mining, and achieve leapfrog development and social development in the region's economic transformation. Provide strong support and guarantee for harmonious and stable development. "This intensive rectification operation in the district will definitely leave no dead ends." The person in charge said. The reporter learned that from May 15, 2013 to the end of July 2013, Anding District will conduct a thorough cleanup and rectification of all sand mining households, sand mining sites, and sites within the district in four stages, so that unlicensed people will The phenomena of mining, multiple sites under one license, and illegal sand mining have been effectively curbed, so that river sand mining enterprises (self-employed) are generally educated, which further improves the safety management level and the quality of employees, enhances the awareness of operating in accordance with the law, and eliminates illegal activities. Sudden mass casualties and work safety accidents caused by illegal sand mining; explore and establish a long-term mechanism for river sand mining management to ensure safe, standardized, stable and orderly river sand mining. The first stage: publicity and mobilization stage (May 15-May 20). A working meeting on centralized cleanup and regulation of rivers in the region was held, a leading group was established, a joint law enforcement team was formed, and work plans and measures for cleanup and regulation were studied and deployed. Relevant township governments and relevant departments should organize personnel and make full use of various publicity methods to publicize the purpose, significance and relevant laws and regulations of the remediation actions to all sand mining households within their jurisdiction. The second stage: investigation stage (May 21-May 25). On the basis of extensive publicity and mobilization, the District Water Affairs Bureau took the lead, and cooperated with the Security Branch of the Municipal Land and Resources Bureau, the District Forestry Bureau and other departments as well as relevant township governments to conduct a comprehensive survey of sand mining households in the jurisdiction to understand the indiscriminate excavation and mining activities in each river. Details of random mining and sand mining from cultivated land and forest land shall be classified and archived, and records shall be kept to ensure a clear understanding of the situation and the actual situation. The third stage: clean-up and remediation stage (May 26-June 25). Led by the District Water Affairs Bureau, with cooperation from the District Safety Supervision Bureau, District Public Security Bureau, Municipal Land and Resources Bureau Stability Branch, District Forestry Bureau, District Power Supply Company and other relevant township governments, we urge all illegal sand mining households to complete their mining operations before June 10. The sand pit backfilling management work will be carried out and sand mining equipment will be withdrawn; the district power supply company will take power outage measures for all unlicensed sand mining households, and implement power restrictions for illegal sand mining households with licenses until they complete the rectification tasks. Normal power supply; the district court must take compulsory measures such as evidence registration and preservation measures, temporary seizure of illegal sand mining equipment, and seizure of illegal income for sand mining households who have repeatedly been banned from mining in prohibited areas in accordance with the law; district water affairs, land, forestry and other departments must focus on their respective functions Administrative penalties shall be imposed in accordance with the law for illegal sand mining within the scope of authority. If the circumstances are serious enough to constitute a crime, they shall be transferred to the judicial authorities for investigation of criminal liability in accordance with the law; the industrial and commercial department shall be responsible for revoking sand mining licenses in accordance with the law for illegal sand mining households that fail to meet the rectification requirements within the time limit. . The fourth stage: summary acceptance and consolidation and improvement stage (June 26-July 31). An inspection team was formed in the district to conduct a comprehensive inspection of the progress of the cleanup and remediation operations at the sand mining points in each river channel. If the problem has not been solved or the illegal behavior has not been corrected, we will be notified of criticism and ordered to make corrections within a time limit. The District Water Affairs Bureau should study measures, establish a long-term mechanism for regular inspections, promptly supervise and solve problems when they are discovered, and consolidate and improve the results of rectification. Strengthening leadership and administration in accordance with the law can be expected to achieve results. In order to ensure that the concentrated cleanup and rectification of river sand mining is effective, Anding District has established a team with the leader in charge of the district government as the team leader, the main leader of the District Water Affairs Bureau as the deputy team leader, and the heads of relevant units and townships as members. Leading group for centralized cleanup and rectification of river sand mining.

Relevant departments and relevant towns and villages must also establish corresponding leadership agencies to organize specialized personnel to actively cooperate with the rectification work in response to illegal sand mining in rivers to ensure that personnel and measures are in place. The special rectification action against illegal river courses should be regarded as the top priority of the current work. Under the unified leadership of the district's leading group for centralized clean-up and rectification of sand mining in rivers, we should work together, each with his own responsibility, and strictly enforce the law to ensure that the clean-up and rectification work is carried out in an orderly manner. , achieve practical results. The reporter saw that this rectification action not only clearly defined the rectification period, but also clearly divided the responsibilities of each functional department. On the basis of the composition of each member unit, the three working groups of rectification according to law, investigation and punishment, and standardization were refined. The District Party Committee Office and the District Government Office mainly supervise relevant departments to carry out centralized rectification actions and coordinate joint law enforcement inspections by relevant departments; the District Water Affairs Bureau is responsible for formulating the implementation plan for centralized cleanup and rectification of river sand mining, and taking the lead in organizing various tasks of centralized river cleanup and rectification actions. , proposed a long-term mechanism for river sand mining management, investigated and dealt with unlicensed, illegal and illegal sand mining, and standardized the layout of sand and gravel fields. Timely summarize and report the results and existing problems of staged centralized clean-up and rectification, and be responsible for the application of sand mining licenses; the procuratorial organ prevents and investigates occupational crimes and other acts during the concentrated clean-up and rectification of river sand mining; the court is responsible for establishing circuit courts, Timely accept and resolve cases of illegal sand mining in rivers. Cases that violate the law due to sand mining transferred by relevant functional departments will be quickly investigated and handled in accordance with the law. If a crime is constituted, the relevant personnel will be held criminally responsible; the public security organs will assist the district water bureau, The Security Branch of the Municipal Land and Resources Bureau, the District Forestry Bureau and other departments carry out intensive river cleanup and rectification operations, investigate and deal with acts that hinder the performance of official duties in accordance with the law, and ensure the personal safety of law enforcement personnel; the disciplinary inspection and supervision departments strengthen the supervision and inspection of the concentrated river cleanup and rectification operations, and ensure that those who are not serious Staff members who perform their duties, neglect their duties, engage in malpractice for personal gain, or even tip off illegal mining personnel or violate law enforcement must be promptly informed and criticized. If the circumstances are serious, they must be held accountable. Party members and cadres who participate in illegal sand mining or act as a protective umbrella for illegal mining must be punished in a timely manner. , must be dealt with seriously in accordance with relevant party disciplines, political disciplines, and laws; the safety supervision department cooperates with relevant departments to conduct safety production management training and supervision inspections for sand mining households that have applied for sand mining licenses; the Municipal Industry and Commerce Bureau’s Stability Branch is responsible for river sand mining Clean up and rectify the points, revoke the licenses of operators who have been issued business licenses but do not have legal business premises, and confiscate illegal mining and transportation equipment for confirmed unlicensed sand mining operations in accordance with the law. Illegal sand mining and illegal selling or leasing of cultivated land for sand mining, and urging sand miners to restore cultivated land; the Forestry Bureau is responsible for investigating and handling sand mining in forest lands along rivers in accordance with the law, and urging sand miners to restore forest land; the Environmental Protection Bureau is responsible for sand mining Environmental publicity and education work carried out by households, and supervision of the preparation of environmental impact assessment reports for each sand field; the Bureau of Justice is responsible for the discretionary definition of cases investigated and handled in accordance with the law; the power supply company is responsible for patrol inspection of power lines, and the unlicensed, illegal, and illegal use of electric sand mining Households took timely measures to cut off power; the relevant township governments, in accordance with the principles of hierarchical management and territorial management, actively cooperated with relevant departments to carry out river sand mining publicity and centralized cleanup and rectification work, organized personnel to conduct non-stop inspections of rivers under their jurisdiction, and promptly organized local cadres and masses Stop illegal sand mining and illegal construction, and report to the river sand mining centralized cleanup and rectification action office for investigation and punishment according to law. Five requirements to ensure the effectiveness of the rectification. The reporter saw from the notice document of the implementation plan (Anbanfa 2013 No. 20) that: First, we must make full use of television, radio, newspapers, slogans, public columns and other forms to vigorously publicize the district’s Carry out river sand mining cleanup and rectification actions and relevant laws and regulations, expose typical cases, publicize rectification results, form correct public opinion guidance, and create a good public opinion atmosphere for centralized rectification work. Second, on the basis of finding out the existing sand mining households (units) in the region, we must resolutely ban and shut down units or individuals that mine without licenses or illegally; Illegal acts are listed as the targets of key investigation and punishment, and are submitted to the court for enforcement according to the law depending on the circumstances; those who interfere or obstruct the clean-up and rectification work will be investigated and dealt with severely and quickly by the public security organs, and those who constitute a crime will be held criminally responsible; those who illegally sell or rent The land masses must be investigated and dealt with according to law. The third is to require relevant departments at the district level and all townships to effectively increase supervision in accordance with the principles of hierarchical management and territorial management, and strictly regulate sand mining licensing procedures and sand mining behaviors in accordance with relevant regulations.

Forestry, land and other departments should strengthen law enforcement inspections against illegal activities that destroy farmland and forest land; public security, water affairs and other departments should intensify investigation and punishment, severely crack down on illegal sand mining, and completely curb indiscriminate mining and excavation; water affairs, environmental protection, etc. The department must conduct on-site inspections of the sand mining scope of sand mining households, and work with relevant towns to delineate sand mining boundaries and determine the depth and width of sand mining. After sand mining is completed, timely inspection and acceptance of sand pit backfilling, site leveling, etc. . Fourth, all relevant departments and towns are required to clarify their tasks, strictly follow the time limit requirements, and adopt various channels and methods to ensure that the rectification work is completed within the specified time limit. Relevant departments will report the progress of rectification to the district clean-up and rectification leading group office every 2 days. The leading group office will summarize the clean-up and rectification work and existing problems every 5 days and report it to the district clean-up and rectification leading group. Fifth, it is required to strengthen supervision and ensure effectiveness. Led by the District Supervision Bureau and coordinated by the District Party Committee and the District Government Inspection Office, we will strengthen the supervision of centralized river cleanup and rectification actions, criticize and educate units and personnel who do not work well, and regularly report the progress of rectification actions to ensure that rectification actions are carried out Get real results. We have seen that in 2013, Dingxi City’s Anding District carried out a centralized cleanup operation for sand mining in rivers. This was to further standardize the behavior of sand mining in rivers, promote the legalization, standardization and scientific management of sand mining in rivers, and effectively ensure the safety of river floods and the safety of the people. It is an exploratory and beneficial attempt to ensure the sustainable utilization of limited sand and gravel resources. While severely cracking down on and deterring illegal sand mining in rivers, it also targets various improper law enforcement such as humane law enforcement and fines in some places. Behavior is also a good spur. The law is objective:

"Regulations of the People's Republic of China on River Management"

Article 25

Carry out the following activities within the scope of river management, It must be reported to the river course authority for approval;

If other departments are involved, the river course authority will jointly approve the relevant departments:

(1) Sand mining, soil extraction, gold panning, and sand and gravel disposal Or silt;

(2) Blasting, drilling, digging and building fish ponds;

(3) Storing materials, building factories or other construction facilities on river flats;

< p> (4) Exploitation of underground resources and archaeological excavations in river flats.

"Regulations of the People's Republic of China on River Management"

Article 18

River dredging and embankment reinforcement shall be carried out in accordance with the flood control plan The land required for river channel improvement shall be allocated by the local people's government.

The available land increased by the construction of reservoirs and river regulation belongs to the state and can be used by people's governments at or above the county level for resettlement and river regulation projects.