Shaanxi Province River Sand Mining Management Measures (2012 revision)

Article 1: In order to strengthen the management of river sand mining and ensure the safety of river flood control and various engineering facilities within the scope of river management, in accordance with the "People's Republic of China and the National Water Law" and the "People's Government of the People's Republic of China" *These measures are formulated in accordance with the provisions of the "Heguo River Management Regulations" and the "Shaanxi Province River Management Regulations" and based on the actual situation of the province. Article 2: River sand mining within the administrative region of this province must comply with these regulations.

The term "river sand mining" as mentioned in these Measures refers to activities such as mining and transportation of sand and gravel, soil extraction, and gold panning within the management scope of rivers (including lakes, reservoirs, and artificial waterways). Article 3 River sand mining shall be subject to the overall arrangements for flood control and the requirements for river management. Implement the principles of combining unified management with hierarchical management, comprehensive planning, planned mining, total volume control, and ensuring safety. Article 4: The management of sand mining in rivers shall implement the responsibility system of the administrative head of the people's government at or above the county level. People's governments at or above the county level have overall responsibility for sand mining in rivers within their respective administrative regions. The person responsible for flood control of rivers and river sections is also responsible for the management of sand mining in rivers.

The water administrative departments of the people's governments at or above the county level are responsible for the unified management and supervision of river sand mining within their respective administrative regions.

River management units are entrusted by the water administrative department at the same level to undertake the management of sand mining in rivers within their own administrative areas.

The provincial Sanmenxia Reservoir Area Management Agency is responsible for the management and supervision of river sand mining within the management scope of the reservoir area.

The public security department is responsible for the security of river sand mining, implements security penalties for violations of public security management during sand mining activities, and cracks down on criminal activities in sand mining activities in accordance with the law. Article 5 Any unit or individual has the right to report illegal activities of sand mining in rivers to the water administrative department of the people's government at or above the county level, the provincial Sanmenxia Reservoir Area Management Agency and other relevant departments. The departments and institutions that receive reports should promptly investigate and deal with them. Article 6 The water administrative department shall prepare a river sand mining plan in accordance with the river flood control plan, regulation plan and current river situation. The content of river sand mining planning includes: delineation of mining areas, prohibited mining areas, prohibited mining periods, mining depth, total mining volume in river sections, the number and layout of sand mining sites, and sand mining planning plans, etc.

If the river sand mining planning involves the protection scope of railway, transportation, electric power, communications and other facilities, the opinions of the relevant management departments should be sought. Article 7 The main stream of the Wei River runs from the Baojixia Dam to the Xianyang Railway Bridge, the main stream of the Han River runs from Wuhou Town in Mian County to Xiaoxiakou in Yang County, and the main stream of the Danjiang River runs from the Erlongshan Reservoir Dam to Yueritan in Danfeng County. The sand plan shall be prepared by the water administrative department of the people's government of the districted city where it is located, and organized 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.

The sand mining plan for the river channels within the administrative area of ??Weinan City on the main stream of the Wei River and the river channels below the Zhuantou Hydrological Station on the main stream of the Luo River shall be prepared by the Provincial Sanmenxia Reservoir Area Management Agency and submitted to the Provincial People's Government Water Administration Department for approval; Sanmenxia The sand mining plan for other rivers within the management scope of the reservoir area shall be prepared by the water administrative department of the people's government of the districted city where it is located, organized by the water administrative department of the relevant county (city, district) people's government, approved by the provincial Sanmenxia reservoir area management agency, and reported to the provincial people's government Recorded with the water administrative department.

Sand mining plans for other rivers and river sections in the province shall be prepared by the water administrative department of the people's government at the county level and submitted to the water administrative department of the people's government of the district or city for approval.

Once the river sand mining plan is approved, it must be strictly implemented. If the river sand mining plan really needs to be modified due to changes in river conditions and distribution of sand and gravel resources, it must be submitted to the original approval authority for approval. Article 8 The main stream of the Wei River runs from the Baojixia Dam to the mouth of the Yellow River, the main stream of the Han River runs from Wuhou Town in Mian County to Xiaoxiakou in Yang County, and the main stream of the Danjiang River runs from the Erlongshan Dam to Yueritan in Danfeng County. From June 1st to September 30th, river sand mining is prohibited.

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

The area below the river is a no-mining zone:

(1) Management scope of river flood control projects, river regulation projects, reservoir hubs, hydrological observation facilities, culverts, water intake, drainage and other water projects and safety protection scope;

(2) River overthrust sections, dangerous works, dangerous sections, embankment areas, bank protection areas, planned reserved areas, and riverbeds outside the water control conductors in the river channel;

(3) Safety protection scope of engineering facilities such as railways, highways, bridges, docks, communication cables, gas and oil pipelines, and power transmission lines;

(4) Other areas that need to be designated as prohibited mining areas.

The delineated no-mining areas shall be announced by the water administrative department, and the relevant engineering facilities management units shall set up obvious no-mining signs.

It is prohibited for any unit or individual to carry out river sand mining activities during the prohibited mining period and prohibited mining area. Article 9 The water administrative departments of the municipal, county, and district people's governments shall propose a comprehensive ban on sand mining in rivers or river sections based on the supply of sand sources in rivers, the extent of riverbed undercutting, the changes in groundwater levels on both sides of the banks, and the impact of sand mining on flood control projects. The plan shall be announced after approval by the people's government at the corresponding level, and shall be reported to the water administrative department of the people's government at the next higher level for record. Article 10 A licensing system shall be implemented for river sand mining in accordance with the law.

Units and individuals excavating sand in the river channels within the administrative area of ??Weinan City on the main stream of the Wei River and below the Zhuantou Hydrological Station on the main stream of the Luo River should apply to the provincial Sanmenxia Reservoir Area Management Agency.

When mining sand in rivers directly managed by the water administrative department of the people's government of a districted city, sand mining units and individuals shall submit an application to the water administrative department of the people's government of the districted city.

Units and individuals that mine sand in rivers other than those specified in the preceding two paragraphs shall apply to the water administrative department of the county-level people's government where the sand is mined.