According to the provisions of the Measures for the Administration of Administrative Normative Documents in Hubei Province, with the consent of the Suizhou Municipal Government, the Notice of the Municipal People's Government on Further Strengthening the Management of River Sand Mining (Suizhengfa [2021] 7) shall continue to be valid, and the validity period shall be recalculated from the date of publication of the Notice for two years. The people's governments of all counties (cities and districts), the administrative committees of Suizhou High-tech Zone and Dahongshan Scenic Area, and all departments of the municipal government:
In order to strengthen the management of river sand mining, maintain the stability of river regime, and ensure the safety of flood control and the water ecological environment, In accordance with the provisions of laws and regulations such as the Law on the Protection of the Yangtze River, the Regulations on the Management of Sand Mining in Rivers of Hubei Province, and the spirit of the Notice of the People's Government of Hubei Province on Strengthening the Management of Sand Mining in Rivers (E Zheng Fa [2021] 4). The relevant matters concerning further strengthening the management of river sand mining in Suizhou City are hereby announced as follows:
I. The prohibited mining areas within the scope of river management shall be delimited in accordance with the spirit of the announcement of the provincial people's government. The whole year of the forbidden mining area is the forbidden mining period.
2. The prohibition period of sand mining in Suizhou River is from June 1 to August 31 each year. During the mining ban period, all river sand mining activities are prohibited (except for flood control and emergency rescue).
3. River sand mining must strictly implement the river sand mining plan and be approved. River sand mining planning should be scientifically and reasonably compiled in accordance with relevant laws, regulations and technical specifications, and submitted for approval in accordance with procedures. River sand mining shall be examined and approved by the water administrative department at or above the county level in accordance with the law and procedures, and the on-site supervision system shall be implemented. Strictly regulate the comprehensive utilization of sand and gravel produced by dredging rivers (reservoirs) and water-related projects, and strictly prohibit illegal sand mining in the name of dredging. Strictly crack down on sporadic illegal mining activities in the form of "ants moving".
4. During the period of prohibition of mining, no sand mining vessels (machines and tools) shall be detained within the scope of river management. All sand dredgers (machines and tools) shall be lifted out of the scope of river management and sealed up during the prohibition period; sand dredgers (machines and tools) in the reservoir shall be parked at designated places in a centralized manner, and shall not leave without justified reasons. Once the "three nothingness" sand dredgers (without qualified ship inspection certificates, registration certificates and necessary navigation data) are found in the waters of Suizhou City, they shall be cleaned up and banned according to law by the local government of the waters, led by the transportation department, and coordinated by the departments of public security, water conservancy and market supervision.
Without the approval of the Municipal People's Government, it is forbidden to build, refit and register new sand mining vessels, and to transfer sand mining vessels from other provinces to Suizhou City. Strictly crack down on illegal construction and refitting of invisible sand mining vessels.
5. The water administration department of the people's government at or above the county level shall, in accordance with the relevant provisions of the Law on the Protection of the Yangtze River and the Regulations on the Management of Sand Mining in Rivers of Hubei Province, investigate and punish those who fail to handle the sand mining license in accordance with the provisions or fail to mine sand in accordance with the provisions of the sand mining license in rivers. Since March 1, 2021, if the Yangtze River Basin in Suizhou City has not obtained permission to engage in sand mining activities according to law or engaged in sand mining activities in prohibited sand mining areas and prohibited sand mining periods, the water administration department of the local people's government at or above the county level shall, in accordance with Article 91 of the Yangtze River Protection Law, order the suspension of illegal activities and impose a penalty of more than 10000 yuan. The illegal gains and the vessels, equipment and tools used for illegal activities shall be confiscated, and a fine of not less than 2 times but not more than 20 times the value of the goods shall be imposed; if the value of the goods is less than 100,000 yuan, a fine of not less than 200,000 yuan but not more than 2 million yuan shall be imposed; if the license for sand mining in river courses has been obtained, the license for sand mining in river courses shall be revoked. Those who transport river sand and gravel without legal source certificates within the scope of river management, or purchase or sell river sand and gravel without legal source certificates within the scope of river management, shall be investigated and dealt with in accordance with the Regulations on the Management of River Sand Mining in Hubei Province.
6. The municipal people's governments at all levels shall, in strict accordance with the requirements of the local chief executive responsibility system for river sand mining management and the river and lake length system, further strengthen the management of river sand mining, and strengthen the guarantee of law enforcement teams and law enforcement capabilities. Organize water conservancy, transportation, public security, market supervision, natural resources and other departments to supervise and manage sand mining and sand-related vessels in river courses according to law; organize township people's governments, sub-district offices and village (residential) committees to manage sand mining in river courses.
7. Those responsible for sand mining management disorder and accidents caused by unclear responsibilities, lax management and dereliction of duty will be held accountable in accordance with the rules and regulations.
8. Those suspected of illegal sand mining shall be transferred to judicial organs for criminal responsibility in accordance with the Criminal Law of the People's Republic of China and the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Questions Concerning the Application of Law in Handling Criminal Cases of Illegal Mining and Destructive Mining (Fa Shi [2016] No.25).
9. This Circular shall enter into force as of the date of promulgation.
Suizhou Municipal People's Government
May 31
, 2023
浙公网安备33010802003254号