Recently, in order to thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, further strengthen the management of river sand mining, and do a good job in the next stage of river sand and gravel mining and management in an orderly manner, the Hunan Provincial Water Conservancy Department issued the Guiding Opinions on the Management of River Sand Mining (hereinafter referred to as "Opinions").
The Opinion points out that the 20th National Congress of the Communist Party of China has made important arrangements to promote high-quality development and the rule of law in an all-round way, and that water administrative departments at all levels should effectively improve their political standing, fully recognize the importance, arduousness, complexity and long-term nature of river sand mining management, and strive to promote the rule of law in an all-round way. To strengthen the management of river sand mining as an important political task to thoroughly implement the spirit of the 20th National Congress of the Communist Party of China, constantly improve the ability and level of sand mining management, ensure that the order of river sand mining is stable, controllable and sustainable, and maintain the healthy life of rivers and lakes.
The Opinions put forward that the system of river length and lake length should be organically combined with the responsibility system of sand mining management, and the working mechanism of sand mining management with river length in command, department linkage and social supervision should be established to form a joint force of river sand mining supervision. Before March each year, the municipal and county water administrative departments shall adjust and implement the river length, responsible person of the competent department, responsible person of on-site supervision and responsible person of administrative law enforcement of all river sand mining management within their jurisdiction in this year, and make announcements on official websites and other media. We should adhere to the rigid constraints of planning, delimit prohibited mining areas according to law, scientifically and rationally determine the mineable areas and control the total mining volume during the planning period.
The Opinions require that river sand mining permits be carried out in accordance with relevant laws and regulations and the approved annual sand mining implementation plan. No permission shall be granted for sand mining in rivers where the sand mining plan has not been promulgated, the relevant thematic demonstration has not been approved, the annual implementation plan has not been approved, the operating vessels and personnel do not conform to the regulations, and there are contradictions or disputes in the border river section. The issuance, cancellation or withdrawal of the sand mining license shall be announced to the public in a timely manner. If the validity period of the river sand mining license expires or the amount of sand and gravel mining in the river reaches the limit, the licensing unit shall urge the owner of the sand mining to stop the sand mining operation, clean up and repair the operation site in accordance with the regulations, meet the requirements of environmental protection, and organize on-site acceptance.
The Opinion points out that the site management of sand mining should be strengthened. Municipal and prefectural water administrative departments should improve the management ability of sand mining operation site by means of on-site squatting guidance and training courses. Before the implementation of river sand mining, it is necessary to establish a system of entry and exit, weighing and registration, set up a site bulletin board, accurately carry out field lofting of mineable areas, and set up site boundary signs. In the mineable areas above the scale of sand mining by sand mining vessels, the water administrative departments at the county level should establish information monitoring systems such as electronic fences and video surveillance, station on-site supervisors, and implement all-weather management of mineable areas without dead corners.
The Opinion stresses that inspection and law enforcement should be done well. Make full use of information technology, do a good job of normal inspection, and increase the frequency of inspection in key river sections, sensitive waters and night, rainstorm, holidays and other periods. Combining with the work of "eliminating gangsters and evil", we should actively transfer criminal clues and strengthen the effective connection between administrative law enforcement and criminal justice. For the border river sections where illegal sand mining has occurred for many times or where mineable areas have been set up, the water administrative departments in the adjacent areas should sign a joint law enforcement and supervision cooperation agreement by the end of June 2023 to form a joint effort to jointly manage the work. All regions should normalize and standardize the comprehensive regulation of river sand mining, and in principle, joint law enforcement by departments (regions) should be carried out at least once a quarter.
The Opinion clearly States that emergency sand mining for flood fighting and rescue should adhere to the principle of necessity. On the premise that the flood control sand and gravel reserve is insufficient above the warning water level and the emergency exploitation of river sand is required due to the flood fighting and rescue situation, emergency sand mining can only be carried out with the approval of the authorit y flood control command organ, and the scope, quantity and depth of emergency sand mining should be strictly controlled, and in principle, key ecological protection areas, dangerous sections and water-related projects should be avoided. The amount of sand mined shall not exceed the amount of sand required for flood fighting and emergency rescue, and dangerous operation methods shall not be adopted. The sand and gravel mined shall be strictly managed in accordance with flood control materials, and shall not be diverted for other purposes or sold to the market.
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