on Soliciting Opinions and Suggestions on the Revision of "Several Provisions on Prohibiting Indiscriminate Excavation and Mining of Sand, Stone and Soil Resources in Guilin City (Draft)" The 12th meeting of the Standing Committee of the Sixth Municipal People's Congress conducted a second review of "Several Provisions on Prohibiting Indiscriminate Excavation and Mining of Sand, Stone and Soil Resources in Guilin City (Draft)". In order to enhance the democratic and scientific nature of local legislation and further improve the quality of legislation, the full text of the revised draft regulations is now published for public consultation. If comments and suggestions are put forward, please feedback them to the Legislative Affairs Commission of the Standing Committee of the Municipal People's Congress before June 2, 2023, and indicate the name and contact information of the proposer.
Mailing Address: Room
1807, Chuangye Building, No.69, Xicheng Middle Road, Lingui District, Guilin Postal Code: 541100
E-mail: Office of the Standing Committee of the People's Congress of Guilin, glrdfgw@guilin.gov.cn
0 HTML 0 UNK6 May 22, 2023 0 HTML 0 UNK7 Several Provisions on the Prohibition of Indiscriminate Excavation of Sand, Stone and Soil Resources in Guilin City (Draft) 0 HTML 0 UNK8 (Draft for Consultation) 0 HTML 0 UNK9 Article 1 [Legislative Purpose and Basis] In order to standardize the management of sand, stone and soil resources and protect the mountain topography and ecological environment, To realize the sustainable utilization of landscape resources and promote the construction of a world-class tourist city in Guilin, these Provisions are formulated in accordance with relevant laws and regulations and in light of the actual situation of the city. 0 HTML 0 UNK1 0 Article 2 [Scope of Application] These Provisions shall apply to the activities of exploiting sand, stone and soil resources within the administrative area of this Municipality. Where laws and regulations provide otherwise for the management of sand, stone and soil resources, such provisions shall apply. HTML0 Lijiang River Article 3 [Areas where Open-pit Mining is Prohibited] It is prohibited to carry out open-pit mining of sand, stone and soil resources in the following areas of this Municipality: HTML0 UNK1 (1) within the visual scope of the shorelines of the main streams of Guijiang River (including Lijiang River), Xiangjiang River, Zijiang River, Luoqing River, Xunjiang River, Guanjiang River, Lipu River and Gongcheng River; 0 HTML0 Lijiang River 3 (2) Within the visual scope of the important tributaries of Lijiang River, such as Huajiang River, Huangbai River, Chuanjiang River, Xiaorong River, Gantang River, Lingjianxi River, Taohua River, Qifeng River, Huangsha River, Chaotian River, Xingping River, Yulong River and Jinbao River; 0 HTML0 UNK1 4 (3) Within the visual range on both sides of railways, expressways, national highways, provincial highways and tourist highways. 0 HTML 0 UNK1 5 The term "tourist highway" as mentioned in the preceding paragraph shall be determined and promulgated by the people's governments at the municipal and county levels. 0 HTML0 UNK1 6 River sand mining shall be carried out in accordance with relevant laws and regulations on river management, and indiscriminate mining and destruction of mineral resources and landscape resources shall be prohibited. 0 HTML 0 UNK1 7 Article 4 [Other Prohibited Mining Areas] It is prohibited to mine sand, stone and soil resources on the mountains in the built-up areas of cities and towns within the administrative area of this Municipality. 0 HTML 0 UNK1 8 The people's governments at the municipal and county levels may, according to their needs, delimit other areas where the exploitation of sand, stone and soil resources is prohibited and publish them. 0 HTML0 UNK1 Article 5 When individuals excavate sand, gravel and soil for their own use, which can only be used as ordinary building materials, the local villagers' committee shall issue certification materials, and after verification by the township (town) people's government, they do not need to go through the mining registration procedures, and the excavated sand, gravel and soil shall not be sold in the mineable areas specified in the mineral resources planning. 0 HTML 0 UNK2 0 Article 6 [Management of Sand, Stone and Soil within the Scope of Engineering Construction] Within the red line of approved land use for construction projects, the sand, stone and soil resources excavated during the construction period due to construction needs shall be publicly disposed of by the people's governments at the municipal and county levels through the public resources trading platform according to law, except for the self-use part of the project. 0 HTML0 UNK2 1 Article 7 [Control and Restoration] Units and individuals that exploit sand, stone and soil resources and damage topography and ecological environment shall be liable for restoration and damage compensation according to law, and shall complete the restoration and control work within the prescribed time limit under the supervision and management of the departments of natural resources, ecological environment, transportation, water administration, forestry and gardening at the municipal and county levels. Article 8 People's governments at the municipal and county levels shall organize departments of natural resources, public security, ecological environment, urban and rural housing construction, urban management, transportation, water administration, emergency response, market supervision, forestry and gardens, electric power, and administrative agencies of scenic spots Lijiang River to establish joint law enforcement mechanisms and strengthen them. Investigate and punish the indiscriminate excavation of sand, stone and soil resources according to law. Article 9 [Legal Liability for Violating the Management of Individual Self-use Sand, Stone and Soil Resources] In violation of the provisions of Article 5 of these Provisions, if an individual fails to excavate or sell sand, stone and soil resources in accordance with their uses or in the mineable areas specified in the planning, the competent department of natural resources of the people's government at the municipal and county levels shall order him to stop the illegal act and confiscate it. Equipment for illegal exploitation of sand, stone and soil resources shall be sealed up or seized, and a fine of not less than 2000 yuan but not more than 20000 yuan shall be imposed. 0 HTML 0 UNK2 4 Article 10 [Legal Liability for the Management of Sand, Stone and Soil within the Scope of Engineering Construction] Whoever, in violation of the provisions of Article 6 of these Provisions, fails to dispose of sand, stone and soil resources through the public resources trading platform shall be ordered by the competent department of natural resources of the people's government at the municipal and county levels to stop the illegal act, confiscate the illegal income and impose a fine of more than 10 thousand yuan or less than 100 thousand yuan. 0 HTML 0 UNK2 5 Article 11 [Management and Supervision Responsibility of Government Staff] If the people's governments at the municipal, county and township levels and their relevant departments violate these Provisions and commit one of the following acts, the directly responsible persons in charge and other directly responsible persons shall be given warnings, demerits, major demerits or demotion according to law; Those who cause serious consequences shall be given the punishment of removal from office or dismissal, and the principal responsible person shall take the blame and resign: 0 HTML 0 UNK2 6 (1) The administrative license is granted without meeting the conditions for administrative license; 0 HTML 0 UNK2 7 (2) The decision of ordering suspension of business or closure should be made according to law but not made; 0 HTML0 UNK2 8 (3) Failure to investigate and deal with illegal acts found or reported in accordance with the law; 0 HTML0 UNK2 9 (4) Other acts of dereliction of duty, abuse of power and favoritism. 0 HTML0 UNK3 0 Article 12 [Effective Date] These Provisions shall enter into force as of the date of. 0HTML0UNK31
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