Provisions of the Standing Committee of the People's Congress of Fangchenggang City on the Investigation and Punishment of Illegal Exploitation of Sea Sand

of the Standing Committee of the People's Congress

of Fangchenggang City on the Investigation and Punishment of Illegal Exploitation of Sea Sand (Adopted at the 15th Meeting of the Standing Committee of the Seventh People's Congress of Fangchenggang City on April 25, 2023) The fourth meeting of the Standing Committee of the 14th People's Congress of Guangxi Zhuang Autonomous Region on July 27, 2023 Article

1 In order to strictly prohibit the illegal exploitation of sea sand in the sea area and coastal zone of this city and protect the ecological environment of marine and coastal beaches, according to the Mineral Resources Law of the People's Republic of China, the Marine Envi ronmental Protection Law of the People's Republic of China and the Marine Environment Protection Law of the Guangxi Zhuang Autonomous Region. These Provisions are formulated in light of the actual situation of this Municipality. Article

2 Sea sand resources belong to the state, and legal procedures shall be obtained for sea sand mining, and no unit or individual shall be allowed to occupy or destroy sea sand resources. The following acts are all illegal exploitation of sea sand:

(1) Exploitation of sea sand without obtaining the mining right of sea sand and the right to use the sea area;

(2) Exploitation of sea sand without complying with the permitted location and scope, the total amount of exploitation, and the duration of exploitation;

(3) illegally exploiting sea sand in the name of dredging and other marine and coastal projects;

(4) exploiting sea sand in violation of other laws and regulations.

No unit or individual may transport, sell, use or store illegally mined sea sand. Article

3 The people's governments of cities and counties (cities and districts) shall strengthen unified leadership and organizational coordination in combating illegal exploitation of sea sand, establish joint law enforcement mechanisms and dynamic supervision and coordination mechanisms across regions and departments, and adopt modern scientific and technological means to strengthen information sharing and cooperation. The competent department of

natural resources is responsible for investigating and dealing with the illegal exploitation of sea sand on the landward side of the coastline. The competent

marine authorities are responsible for investigating and dealing with the illegal exploitation of sea sand on the seaward side of the coastline. The competent department of

ecological environment is responsible for investigating and dealing with the environmental pollution and damage caused by illegal exploitation of sea sand. The competent departments of

public security, housing, urban and rural construction, transportation, water conservancy, agriculture and rural areas, and market supervision and management shall, in accordance with their respective responsibilities, investigate and punish the transportation, sale, use and storage of illegally exploited sea sand according to law.

Township people's governments and sub-district offices should strengthen inspection and timely report clues such as illegal exploitation of sea sand.

The village (residential) people's committee assists in the protection of sea sand resources. Article

4 The competent departments of cities, counties (cities and districts) in charge of natural resources, housing construction in urban and rural areas, transportation, market supervision and management, and oceans shall establish and improve a unified accounting supervision system, clarify the accounting records, the norms for certification of the source of sea sand, and the time limit for preservation, so as to ensure the safety of sea sand. Supervise and guide the units and individuals who exploit, transport, sell and use sea sand to make good account records, strengthen the verification of the source certificate of sea sand, and gradually establish the information system of traceability supervision of sea sand. Article

5 Units and individuals that have obtained sea sand mining licenses shall mine sea sand in accordance with the contents and requirements of the licenses, make good records of sea sand mining, transportation and sales, fill in the sea sand mining log, mining volume, transportation and sales truthfully, and provide sea sand source certificates to sand transport vessels and vehicles when selling sea sand. Units and individuals

selling sea sand, as well as enterprises producing and selling ready-mixed concrete, ready-mixed mortar and on-site mixed concrete, shall make good records of the purchase, transportation, sale and use of sea sand, timely, complete and accurate records of the source and destination of each batch (ship, vehicle) of sea sand, and purchase sea sand from units and individuals exploiting sea sand. They shall take the initiative to ask for proof of the source of sea sand, and shall not sell or use sea sand without proof of the source of sea sand.

No unit or individual may forge, alter or illegally transfer the certificate of the source of sea sand by means of sale, lease or lending. Article

6 Vessels used for sea sand mining and transportation shall be filed with the competent departments of transportation and marine affairs. Article

7 No unit or individual may illegally occupy land or sea areas to unload, pile up or wash sand, or damage the ecological environment. Article

8 The sea sand produced by marine and coastal engineering projects such as dredging and dredging can be used for the construction of the project, and the remaining sea sand for the above-mentioned self-use shall be submitted by the local competent department of natural resources to the local people's government at or above the county level for approval and disposed of on the public resources trading platform. Article

9 Whoever, in violation of Items 1 to 3 of Paragraph 1 of Article 2 of these Provisions, fails to obtain the right to exploit sea sand and the right to use sea areas, or fails to exploit sea sand in accordance with the permitted location and scope, the total amount of exploitation and the period of exploitation, or illegally exploits sea sand in the name of marine and coastal projects such as dredging and dredging, shall be punished. The departments in charge of natural resources and marine affairs shall, in accordance with their respective duties, order them to stop the excavation activities, seize the illegal operation tools, confiscate the illegal gains, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; if the circumstances are serious, a fine of not less than 50,000 yuan but not more than 100,000 yuan shall be imposed; if the circumstances are especially serious, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law. Whoever,

in violation of the second paragraph of Article 2 of these Provisions, transports, sells, uses or stores illegally exploited sea sand shall, in accordance with their respective responsibilities, be seized by the competent departments of natural resources, housing, urban and rural construction, transportation, market supervision and management, and oceans, confiscate the illegal operating tools, confiscate the illegal income, and impose a fine of not less than 10000 yuan but not more than 100000 yuan; If the circumstances are minor, it shall be ordered to make corrections and may also be fined not less than 1,000 yuan but not more than 10,000 yuan; if a crime is constituted, it shall be investigated for criminal responsibility according to law. Article

10 If, in violation of the first paragraph of Article 5 of these Provisions, units and individuals exploiting sea sand fail to keep good account records as required, or fail to provide proof of the source of sea sand when selling sea sand, the competent departments of natural resources and oceans shall, in accordance with their respective responsibilities, order them to make corrections within a time limit and impose a fine of not less than 5000 yuan but not more than 50000 yuan.

In violation of the second paragraph of Article 5 of these Provisions, units and individuals selling sea sand, as well as enterprises producing and selling ready-mixed concrete, ready-mixed mortar and on-site mixed concrete, fail to make account records as required, or sell or use sea sand without proof of the source of sea sand, shall be subject to the competent authorities. The competent departments of urban and rural housing construction, transportation, market supervision and management shall, in accordance with their respective responsibilities, order them to make corrections within a time limit, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan; if the circumstances are minor, they shall be ordered to make corrections within a time limit, given a warning, and may also impose a fine of not more than 5,000 yuan. Where,

in violation of the third paragraph of Article 5 of these Provisions, units and individuals forge, alter or illegally transfer certificates of the source of sea sand by means of sale, lease or loan, the competent departments of natural resources, housing, urban and rural construction, transportation, market supervision and management, and oceans shall, in accordance with their respective responsibilities, order them to make corrections within a time limit and give them warnings. A fine of not less than three thousand yuan but not more than thirty thousand yuan. Article

11 In violation of Article 7 of these Provisions, those who illegally occupy land and sea areas for sand unloading, sand stacking and sand washing shall be investigated and dealt with by the competent departments of natural resources, forestry and ocean according to their respective responsibilities; those who cause damage to the ecological environment shall bear the responsibility of restoration and compensation for damage according to law. Article

12 Whoever, in violation of Article 8 of these Provisions, disposes of the remaining sea sand for his own use without authorization shall be ordered by the competent departments of natural resources and market supervision and administration to stop the illegal act, confiscate the illegal income and impose a fine of not less than 10000 yuan but not more than 100000 yuan. Article

13 Where the people's governments at the municipal and county (city and district) levels, relevant departments and their staff abuse their powers, neglect their duties or engage in malpractices for personal gain in the management and supervision of sea sand, the directly responsible persons in charge and other directly responsible persons shall be punished according to law; if a crime is constituted, they shall be investigated for criminal responsibility according to law. Article

14 Where there are provisions on legal liability in laws and regulations for acts violating these Provisions, such provisions shall prevail. Article

15 These Provisions shall enter into force as of the date of promulgation.