Recently, the office of Heilongjiang Provincial Water Resources Department issued the Key Points of River Sand Mining Management in 2023.
1. Strengthen the political responsibility
of sand mining management, improve the political position, fully understand the importance, arduousness, complexity and long-term nature of sand mining management, take it as a political task, incorporate it into the annual key work of river and lake length system and water administration departments at all levels, take effective measures, concentrate on tackling key problems, keep a close eye on them, and constantly manage them. Ensure that the decision-making and deployment of the Party Central Committee, the State Council, provincial Party committees, provincial governments and Party groups are in place.
2. Strengthen the responsible persons for sand mining management to
strictly delimit rivers with sand mining management tasks, as well as key river sections and sensitive waters, and request the Party committees and governments at the same level to implement the responsibilities of "four responsible persons" for sand mining management, including river length, administrative departments, on-site supervision and administrative law enforcement. The responsible persons for the management of rivers with sand mining management tasks shall be announced to the public by the municipal and county water administrative departments, and the responsible persons for key river sections and sensitive waters shall be announced to the public by the Ministry of Water Resources.
3. Strict sand mining planning and rigid restriction
of sand mining planning are the basis for carrying out sand mining activities. It is necessary to ensure the scientificity and authority of sand mining planning. Prohibited mining areas specified by laws, regulations and relevant provisions are not allowed to be designated as mineable areas. For rivers with sand mining needs, sand mining plans shall be worked out, the relevant departments of the people's governments at the same level shall be consulted, examined and approved by the water administration department at the next higher level, submitted to the people's government for approval, and filed in time. No sand mining activities shall be carried out without sand mining planning.
4. Strict management
of the annual sand mining implementation plan is an important basis for sand mining permission. The annual sand mining implementation plan shall be compiled in accordance with the approved river sand mining plan, specific provisions shall be made for sand mining activities in mineable areas, and the opinions of the relevant departments of the people's governments at the same level shall be sought. It shall be organized and implemented after approval by the people's government. No sand mining activities shall be carried out without compiling the annual sand mining implementation plan.
5. Sand mining license
shall be carried out in accordance with the law and regulations, adhering to the principle of "statutory duties must be done and law can not be done without authorization", and according to the legal and effective sand mining plan and annual sand mining implementation plan, the winning bidder and buyer shall be determined through fair competition such as bidding and auction. After approval by the relevant departments of the people's government at the same level in accordance with the prescribed procedures, the river sand mining license shall be issued and filed in time. The method of joint approval shall be determined by the water administrative department in consultation with the relevant departments.
6. Promoting the unified mining mode
of the government, in accordance with the requirements of the Guiding Opinions of the Ministry of Water Resources on Strengthening the Management of River Sand Mining (Shuihe Lake [2019] 58), requests the people's government to carry out intensive and SCA le mining, actively promote the unified mining and management mode of river sand and gravel resources, and implement the unified mining and management mode of river sand and gravel resources. The people's governments at the municipal and county levels shall formulate specific administrative measures.
7. Standardize the use
of dredged sand and resolutely put an end to the practice of evading river sand mining permits in the name of regulation projects and illegal sand mining in the name of projects. Where sand mining is carried out for public welfare projects of river regulation and dredging, the feasibility study report or preliminary design report of the project shall be approved by the relevant departments and managed in accordance with the relevant provisions of the construction project. The feasibility demonstration report of sand mining shall be approved and supervised by the water administrative departments at the municipal and county levels. Other types of river regulation projects involving sand and gravel ashore shall strictly implement the provisions of the Guiding Opinions on the Comprehensive Utilization of Sand and Gravel in River Regulation Projects (Hei Shui Fa [2021] No.112), prepare a comprehensive utilization plan for sand and gravel ashore, submit it to the people's government at the municipal and county levels where the project is located for approval, and implement supervision. The sand and gravel produced shall be disposed of by the government in a unified manner.
8. Carry out normalized illegal sand mining control actions
, strengthen comprehensive law enforcement and inspection, maintain a high-pressure and severe crackdown situation, normalize illegal sand mining control actions in rivers, investigate and punish unauthorized sand mining according to law, illegal and irregular acts such as sand mining in prohibited mining areas and during prohibited mining periods, and promptly dispose of sporadic illegal mining by ants moving their homes. We will resolutely prevent the rebound of illegal sand mining.
9. Implementing the electronic license system
for sand mining license in accordance with the Notice of the General Office of the Ministry of Water Resources on the Promotion and Application of the Electronic License for Sand Mining in Rivers (No.263, 2022), the electronic license for sand mining in rivers will be fully launched by the end of June 2023. Our province adopts the electronic license system of the Ministry of Water Resources to generate the electronic license of river sand mining license by means of information input, so as to realize the exchange and sharing of electronic license information and mutual trust and recognition. The paper license continues to be used.
10. Improve the level
of information management, strengthen the means of information supervision, and supervise the whole process of "mining, transportation, stacking and marketing" in real time. Establish and improve the sand mining information management platform, install the positioning system for the permitted sand mining vessels and machines; install the electronic fence or high-definition monitoring equipment for the sand mining operation area; install the high-definition monitoring equipment for the temporary sand storage yard and the sand transportation import and export, and shall not carry out the sand mining activities without completing the relevant measures of information management.
11. Implementing the management list system
of sand and gravel mining and transportation strictly implements the requirements of the Notice of the Ministry of Transport of the Ministry of Water Resources on Implementing the Management List System of River Sand and Gravel Mining and Transportation (Shuihe Lake [2023] 5), and formulates the Implementation Plan of Heilongjiang Province on Implementing the Management List of River Sand and Gravel Mining and Transportation. We will comprehensively promote the system of river sand and gravel mining and transportation management sheets, and gradually transition from paper management sheets to electronic management sheets to ensure that the order of sand mining is controllable.
12. Improve the side-station management system
, improve the supervision system of "civil air defense + technical defense", implement side-station management for sand mining operation areas and temporary sand yards, establish the system of measurement, monitoring and registration of river sand mining, and employ third parties if the management personnel of the unit can not meet the requirements. No sand mining activities shall be carried out without on-site management personnel.
13. If it is really necessary to set up a
temporary sand yard within the scope of river management, it shall conform to the requirements of river shoreline planning and ecological protection, and shall be approved in accordance with the Regulations of the People's Republic of China on River Management. Provisions shall be made on the area, height, total amount of sand and gravel and the time limit for stacking. Sand and gravel shall not be piled up within the scope of river management without approval.
14. Strengthen routine inspection and inspection
of sand mining, establish and improve the system of unannounced visits, joint inspection, reporting, verification and registration, earnestly fulfill the responsibility of supervision, increase the frequency of inspection and inspection of important rivers, key river sections, important regions and important time nodes, and timely rectify them. Maintain a high-pressure crackdown on illegal sand mining. Provincial and municipal water administrative departments should conduct timely secret visits to key river sections and sensitive waters, find out the seemingly tendentious problems in time, and eliminate the hidden dangers in the bud.
Fifteenth,
according to the principle of "who mines, who repairs, while mining, while repairing", the specific measures of sand mining pit leveling and ecological restoration should be strictly implemented to prevent only mining and not repairing. After the completion of sand mining activities, the water administration department should check the leveling and restoration in time to ensure that the ecological safety of the river is not affected.
16. Strengthen the connection
of sand mining and execution in strict accordance with the Supreme People's Court and the Supreme People's Procuratorate on the handling of illegal mining, Interpretation of Several Questions Concerning the Application of Law in Criminal Cases of Destructive Mining (Law Interpretation [2016] 25) and Implementation Plan for Strengthening the Safety and Protection of Rivers and Lakes (Heihe Office Word [2022] 34) require that effective links between administrative law enforcement and criminal justice be strengthened, and that judicial organs be actively cooperated in combating illegal sand mining crimes. The clues of suspected criminal cases were transferred to the public security organs in time, and the "sand tyrants" and the "umbrellas" behind them were severely cracked down.
17. Strengthen the joint prevention and control
of sand mining by multiple departments in accordance with the "Opinions on Strengthening Joint Law Enforcement in the Field of River Sand Mining Management" (Heihe Ban Zi [2021] No.17), establish and improve the mechanism of information sharing and joint control by multiple departments, organize and carry out joint supervision and inspection by multiple departments in a timely manner. To form a joint force of joint management and form a strong deterrent to illegal activities. At least one joint supervision and inspection shall be organized at the provincial and municipal levels and at least two at the county level.
18. Strengthen the assessment
of sand mining management, further improve the assessment mechanism of sand mining management, incorporate river sand mining management into the assessment content of river and lake length system, clarify the assessment content and standards, determine the timetable and road map, implement management measures, implement wall chart operations, and ensure that sand mining management continues to improve.
19. Strengthen the handling
of reported sand mining cases in accordance with the principle of territorial handling, in accordance with the law and regulations, conscientiously handle letters, visits, telephone and network reports from the masses, as well as sand mining cases handed over and transferred by superiors, realistically put forward handling opinions, and timely feedback to the informants.
20. Resolutely implement the rectification
of provincial-level inspection problems, vigorously promote the rectification of all kinds of provincial-level inspection sand mining problems, take effective measures to implement the rectification responsibility in accordance with the rectification plan, and complete the rectification of problems strictly within the time limit.
21. To strengthen public opinion publicity
on sand mining management, all localities should adopt various channels and methods, such as newspapers, radio and television, network information, publicity materials and briefings, to guide the masses to know, understand and abide by the law, and to strengthen social supervision, public opinion supervision and mass supervision. To create a good social environment for the management of river sand mining in our province.
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