In order to establish and improve the supervision and management system of sea sand, strengthen the supervision of the whole process of sea sand resources, establish the traceability system of sea sand, maintain the stability of the sand market for construction, and ensure the demand for sand for key projects such as Xiamen New Airport, according to relevant laws and regulations, and in light of the actual situation in Xiamen, the relevant laws and regulations are formulated. The Municipal Resources Planning Bureau, together with the Municipal Ecological Environment Bureau, the Municipal Finance Bureau, the Municipal Construction Bureau, the Municipal Marine Development Bureau, the Xiamen Maritime Police Bureau and the Xiamen Maritime Bureau, has studied and formulated the Regulations on the Management of Sea Sand Resources in Xiamen, which will be jointly issued and implemented in February 2023 with the approval of the Municipal Government. The management regulations clarify the responsibilities and matters of supervision in the whole process of permission, transportation, sale, stacking and use of sea sand mining, establish the system of sea sand quasi-transportation, mining log, record of mining vessels, safety production supervision and credit supervision, and form a new supervision mechanism with "double random, one open" as the basic means, key supervision as the supplement and credit supervision as the basis. The full text of the
notice is as follows:
Notice
of Xiamen Natural Resources and Planning Bureau and Other Seven Departments on Printing and Distributing the Regulations on the Management of Sea Sand Resources in Xiamen City. Administrative committee of each development zone:
The Regulations on the Management of Sea Sand Resources in Xiamen City has been approved by the municipal government and is now printed and distributed to you. Please seriously organize the implementation.
Xiamen Natural Resources and Planning Bureau Xiamen Ecological Environment
Bureau Xiamen Finance Bureau Xiamen Construction Bureau
Xiamen Marine Development Bureau Xiamen Maritime Safety Administration of
the People's Republic of China, Xiamen Maritime Safety Administration, February 23
,
2023 (this document is voluntarily disclosed)
Article 1 of the General
Provisions on
the Management of Sea Sand Resources in Xiamen In order to strengthen the management of sea sand resources in our city, protect marine resources and ecological environment, and maintain the order of sea sand exploitation in Xiamen Bay Estuary. According to the Mineral Resources Law of the People's Republic of China, the Law of the People's Republic of China on the Use and Management of Sea Areas, the Marine Environmental Protection Law of the People's Republic of China, the Maritime Traffic Safety Law of the People's Republic of China, the Safety Production Law of the People's Republic of China and other relevant laws and regulations, As well as the Notice of Fujian Development and Reform Commission and other 17 departments on the issuance of the implementation plan for promoting the healthy and orderly development of the sand and gravel industry in Fujian Province, and the Notice of Fujian Natural Resources Department on the "two rights in one" bidding, auction and transfer of sea sand mining rights and sea area use rights, these Provisions are formulated in light of the actual situation of our city. Article
2 These Provisions shall apply to the exploitation, transportation, use and other related activities of sea sand within the scope of 52 square kilometers of sea area at the mouth of Xiamen Bay, which is approved by the municipal government and approved by the municipal government. Article
3 The municipal competent department of resource planning shall be responsible for the exploration and exploitation of sea sand and the management of the right to use sea areas, and shall guide and urge sea sand mining enterprises to exploit according to law.
The municipal competent financial department is responsible for the preliminary work related to the transfer of sea sand, the ecological environment of sea sand mining, safety supervision, and the guarantee of funds for law enforcement and supervision.
The municipal competent department of ecological environment is responsible for the management of marine environmental impact assessment of sea sand mining.
The Municipal Marine Comprehensive Administrative Law Enforcement Detachment undertakes the inspection of sea sand mining according to law, accepts the entrustment of relevant departments according to law, and undertakes the law enforcement and supervision of sea sand mining involving ecological environment and sea area use.
Municipal construction authorities are responsible for supervising and managing the use of sea sand in housing construction and municipal infrastructure projects, and investigating and dealing with illegal use of sea sand according to law. The competent
maritime authorities shall be responsible for the management of permits for surface and underwater construction operations, as well as the organization, supervision and management of maritime traffic safety of sea sand mining and transport vessels, and maritime emergency rescue work. The competent maritime
police department is responsible for coordinating maritime law enforcement tasks, coordinating with maritime and marine fishery departments, conducting a dragnet investigation of illegal and criminal activities of illegal sea sand mining at sea, and resolutely investigating and dealing with illegal sea sand mining and trafficking vessels at sea; Make every effort to investigate and handle sand-related cases, dig deep behind the scenes to organize gangs, pursue the persons involved, recover the stolen money involved, and effectively enhance the legal deterrence.
The Municipal Key Office is responsible for the overall allocation of the city's marine ecological restoration, important infrastructure and sand demand for key provincial and municipal projects.
Other relevant government functional departments shall do a good job in the management of sea sand in accordance with their respective responsibilities.
Sea sand mining enterprises shall fulfill the main responsibility of safety production in accordance with the relevant laws and regulations on safety production and maritime traffic safety, and shall be responsible for maintaining the safety management of mining areas and distribution areas. Article
4 Sea sand mining shall be subject to the whole process management of licensing, mining, transportation, sale, stacking and use, as well as the credit supervision system.
Establish the management system of mining and transportation ship record, sea sand quasi-transportation, mining log, video surveillance, etc., build the distribution center of sea sand sales, transshipment and stacking, and use the integrated management platform of sea sand to realize traceable information sharing and information notification mechanism. Article 5 For the
protection and utilization
of sea sand, the approval documents for environmental assessment, mining licenses and certificates of real property rights for the right to use sea areas must be obtained in accordance with the law, and the permits for surface and underwater construction operations must be obtained in accordance with the law. Article
6 Sea sand mining is prohibited in the sea areas under the jurisdiction of Xiamen City, and the 52 square kilometers sea area at the mouth of Xiamen Bay is the sea sand mining area approved by the provincial government and approved by the municipal government. The delimitation of mining areas should be evaluated by experts organized by relevant departments, and the opinions of relevant departments involved in the sea should be sought to minimize the impact on navigation safety. Article
7 It is strictly forbidden for any unit or individual to illegally exploit sea sand in the name of ecological restoration, sea area dredging, waterway dredging and wharf construction. The surplus sea sand produced by the approved construction of marine projects shall not be sold to the outside world or sold in disguised form without public and paid disposal. Article
8 The municipal competent department of natural resources, in conjunction with the municipal competent department of construction and other units, shall analyze and study the demand for sand and the timing of sand use in the new airport land reclamation project and other key projects, and at the same time, organize and promote the bidding, auction and transfer of the "two rights in one" of the sea sand mining right and the right to use the sea area at the mouth of Xiamen Bay in an orderly manner. Article
9 The system of "two rights in one" bidding, auction and transfer of sea sand mining rights and sea area use rights shall be implemented for sea sand mining. The "two rights in one" bidding is a legal sea sand mining enterprise.
The municipal competent department of natural resources is responsible for organizing the bidding, auction and transfer of the "two rights in one" of the sea sand mining right and the right to use the sea area, and the specific implementation of the land and mineral trading market in Xiamen. Entrusted
by the municipal competent department of natural resources, the Municipal Land Development Center is specifically responsible for organizing the preliminary work of bidding, auction and transfer, such as the preparation and submission of relevant reports and plans. Article
10 The term of transfer of "two rights in one" of sea sand mining right and sea area use right shall be three years, starting from the date of approval and registration, and shall not be extended upon the expiration of the validity period.
Sea sand mining enterprises must strictly abide by the relevant provisions stipulated in the Contract for the Assignment of "Two Rights in One" of Sea Sand Mining Rights and Sea Area Use Rights, and fulfill relevant obligations. Article
11 If the real property right certificate and mining license of the right to use the sea area for sea sand mining have not expired, but it is not appropriate to continue to use the sea area due to public interests or the needs of national security, the right to use the sea area and the administrative license for sea sand mining rights shall be withdrawn according to law, and the sea sand mining enterprises shall be compensated according to law. Sea sand mining enterprises should take the initiative to stop sea sand mining in a timely manner. Article
12 a sea sand mining enterprise shall carry out mining in strict accordance with the real property right certificate of the right to use the sea area for sea sand mining, the mining license, the location, scope, elevation, mode and type of use of the sea, and within the prescribed validity period. It is strictly forbidden to exploit sea sand beyond the boundary or beyond the time limit. Article
13 Sea sand mining enterprises shall, in accordance with the provisions of the contract for the right to use the sea area for sea sand mining and the transfer of mining rights, formulate plans for sea sand mining and transportation in accordance with the relevant requirements of the mineral resources development and utilization plan, the marine environmental impact assessment report and the navigation safety guarantee plan, strictly prohibit excessive mining and overload transportation, and ensure the safety of construction operations and transportation. Article
14 Sea sand mining enterprises shall, in strict accordance with the requirements of the plan for the development and utilization of mineral resources and the report on the assessment of marine environmental impact, as well as the approved mining intensity, mining time and mode of operation, the number of operating vessels and marine environmental protection measures, scientifically determine the period of sea sand mining for mining, and report to the State Council. Accept the inspection and supervision of the municipal marine comprehensive administrative law enforcement, maritime affairs and maritime police.
It is strictly forbidden to engage in sea sand mining and marine transportation activities during typhoons and other bad weather.During the effective period of typhoon, wave, storm surge and other warning signals, the mining and transportation of sea sand shall be stopped as required, and the offshore construction personnel shall be arranged to go ashore for refuge in time, and the ships shall leave the dangerous waters and return to the harbor for shelter or turn to the harbor for shelter. The
fifteenth sea sand mining implements the filing system of ship entry operation. Sea sand mining and sea sand transportation ships must meet the requirements of safe operation in the sea area to ensure the seaworthiness of ships, the competency of crew members, the suitability of ships and the safety of construction operations. Before
mining, safety production guarantee measures and maritime traffic safety management measures should be implemented to ensure the safety production rights and obligations of employees and the safety of ship navigation. Those who do not have the conditions for safe production shall not carry out mining operations. Article
16 Sea sand mining enterprises shall implement the daily registration system for sea sand mining. During the sea sand mining operation, a special person shall be designated to fill in the Sea Sand Mining Log, truthfully record the amount of sand mining, the number of sea sand mining vessels on site, the type of vessels and the mode of operation, and upload the records of the Sea Sand Mining Log to the sea sand integrated management platform on a monthly basis.
Sea sand mining enterprises shall keep the Sea Sand Mining Log until the expiration of the validity period of the real property right certificate of the right to use the sea area and the mining license for more than one year, and accept the inspection of the relevant departments. Article
17 a sea sand mining enterprise shall entrust a qualified unit to conduct a 1:1000 seabed topographic survey of the approved sea area for sand mining on a quarterly basis before and during the period of sea sand mining, and calculate the amount of sand mining on a quarterly basis. The data of
topographic survey and sand mining accounting results shall be uploaded to the comprehensive management platform of sea sand before the 15th day of the first month of each quarter and submitted to the municipal natural resources authorities. Article
18 The system of quasi-waybill shall be implemented for the transportation of sea sand. Those who transport sea sand in the sea and land areas under the jurisdiction of this Municipality shall hold the Sea Sand Permit and prohibit the shipment of illegally exploited sea sand.
The Sea Sand Transport Permit is uniformly made by the municipal competent department of natural resources, including the source of sea sand, the name of the means of transport, the time of shipment, the quantity of sea sand, the crossing point and the validity period. The Sea Sand Transport Permit is in quadruplicate, including the sand mining unit, the sand transport unit, the receiving unit and the copy for future reference.
Sea sand mining enterprises shall issue the Sea Sand Transport Permit with the official seal of the sea sand mining enterprises to the sand transport vessels and vehicles in a timely manner, and take photos and upload them to the sea sand integrated management platform. The finished sand after
sea sand desalination shall be issued by Xiamen Sea Sand Distribution Center. Article
19 a sea sand mining enterprise shall establish a sea sand sales account, truthfully record the name, address, transport vessel (vehicle), shipment time, quantity of sea sand, unloading point and contact information of the sand purchaser, and retain relevant vouchers. The sea sand sales account of the
sea sand mining enterprise and the sand mining unit copy of the Sea Sand Transport Permit shall be kept for not less than one year after the expiration of the term of the right to use the sea area and the mining right, and shall be subject to inspection by the relevant departments. Article
20 To promote the construction of sea sand distribution centers in Xiamen, sea sand shall be unloaded, sold and transshipped at the distribution centers, and lightering operations at sea shall be prohibited.
It is strictly forbidden to illegally occupy land or illegally use the sea to unload, stack, sell and transfer sea sand. The sand supply point of
Xiamen New Airport Land Reclamation Project is the approved sand storage pit of the project, the conditional sea area ecological restoration project and other key projects. Upon approval, it is allowed to ship directly to the project construction site for sand supply. Article
21 The use of sea sand in some mining areas at the mouth of Xiamen Bay shall be controlled and clearly defined in the transfer plan. On the premise of guaranteeing the demand for sand for controlled purposes, it is allowed to use sand for backfilling in other projects upon approval. Article
22 All the sea sand used for the reclamation project of Xiamen New Airport must be used for the reclamation project. The remaining sea sand after the completion of the
land reclamation project, as well as the surplus sea sand excavated for the construction of the land area formed by the land reclamation project, must be reported to the municipal government for study and adjustment of other key projects for use, and it is strictly forbidden to grant or sell it privately. Article
23 The management of marine ecological restoration projects, important infrastructure, key provincial and municipal projects and the use of sea sand approved by the municipal government shall be supervised by the administrative departments of transportation, water conservancy, construction, municipal administration and ports in accordance with their respective responsibilities. Article
24 Sea sand mining enterprises shall regularly carry out submarine topographic and bathymetric surveys to timely grasp the changes of ecological and environmental factors in sea sand mining areas and adjacent sea areas. Article
25 The municipal competent department of natural resources shall take the lead in promoting the construction of an integrated management platform for sea sand, establish an integrated management system for monitoring the sea sand mining site, and adopt such measures as satellite positioning, image surveillance and electronic fence to monitor the sea sand mining site in real time, so as to realize the sharing of information resources. The relevant monitoring terminal equipment of the
integrated management system shall be installed, maintained and recycled by the maintenance unit of the sea sand integrated management platform.
Twenty-sixth sand mining and sand transport vessels must install the relevant monitoring terminal equipment of the integrated management system. During the period of mining and transportation, it shall be opened and used 24 hours without interruption, and the storage time of surveillance video shall not be less than three months from the date of record storage. Ships not installed shall not participate in sand mining and transportation operations, and shall not intentionally interfere with or destroy monitoring equipment. After the expiration of the validity period of the real property right certificate and the mining license of the
sea sand mining area, the sea sand mining enterprise shall assist the maintenance unit of the sea sand integrated management platform to recover the relevant monitoring terminal equipment installed on the sea sand mining and transportation vessels. The installation of monitoring terminal equipment on the
ship shall meet the relevant requirements of the ship inspection rules, and shall not affect the normal use of other facilities and equipment on the ship. Article
27 The Municipal Marine Comprehensive Administrative Law Enforcement Detachment shall conduct regular inspection and supervision of the sea sand mining sites within its jurisdiction.
Xiamen Marine Police should take the lead in establishing a joint law enforcement system by law enforcement agencies such as maritime affairs and municipal marine comprehensive administrative law enforcement, and jointly crack down on illegal sea sand exploitation. For sensitive sea areas of ecological protection and areas with high incidence of illegal sea sand exploitation, law enforcement and inspection should be strengthened, joint special actions should be organized in time to maintain the order of sea sand exploitation. Effectively protect the marine ecological environment.
Credit supervision
Article 28 The system of information publicity, bad records and key supervision shall be implemented in sea sand mining. Illegal and illegal sea sand mining enterprises and transport vessels shall be dealt with in accordance with the law and regulations, and shall be included in the registration of bad records and key supervision.
Article 29 Sea sand mining enterprises shall publicize the basic information of mining rights, the information of mining rights holders fulfilling their legal obligations and the information of annual exploration and mining activities in the Information Publicity System for Exploration and Mining of Mining Rights Owners in accordance with regulations, and accept social supervision. In accordance with the regulatory requirements of "double randomness and one openness",
the municipal natural resources authorities organize spot checks of public information, manage abnormal catalogues and lists of serious dishonesty according to the results of spot checks, and push the integrated management platform of sea sand to realize information sharing, and implement joint punishment in accordance with relevant provisions such as laws and regulations. Article
30 If a sea sand mining enterprise commits any of the following acts, it shall be recorded as a bad record:
(1) Renting a sea sand mining vessel that has been listed as a key regulatory object or has not been settled for more than three months;
(2) Those who have been administratively punished once by law enforcement agencies such as marine, maritime and maritime police for violating relevant laws and regulations;
(3) Those who fail to fill in the sea sand mining log or record the sea sand sales and transportation account for one day or more in accordance with the provisions;
(4) Failing to truthfully fill in the sea sand mining log, failing to truthfully record the name, address, transport vessel number, loading time, quantity of sea sand, sand unloading point, contact information, etc. Of the sand purchaser once, or failing to retain relevant vouchers;
(5) exceeding the approved number of sand dredgers by one;
(6) Failing to carry out seabed survey, calculate quarterly sand mining volume and upload it to the comprehensive management platform of sea sand once in accordance with regulations. Those who
intentionally damage or interfere with the normal operation of the on-site video surveillance terminal equipment of sea sand mining vessels shall be recorded as a second bad record. If sea sand is loaded for an unseaworthy ship or one ship is loaded for a transport ship in excess of the approved load, it shall be recorded as a bad record for five times. Those who are subject to administrative penalties for illegal exploitation of sea sand, or who do not cooperate with the law enforcement and inspection of the relevant marine law enforcement agencies, or who violently resist the law, shall be recorded as ten bad records. If the total number of
bad records reaches ten times or more, the relevant law enforcement and supervision departments shall increase the frequency of law enforcement and inspection, and implement joint punishment in accordance with relevant provisions such as laws and regulations.Article
31 Any vessel engaged in sea sand exploitation or transportation that commits any of the following acts shall be listed as a key object of supervision:
(1) closing without reason or intentionally damaging or interfering with the normal operation of on-site video surveillance terminal equipment;
(2) The case has not been settled for more than 90 days or does not cooperate with the law enforcement inspection of the marine law enforcement agency, or even has violent resistance to the law;
(3) The manning on board does not meet the minimum requirements for safe manning;
(4) using seafarers who do not hold seafarer competency certificates or whose seafarer competency certificates do not meet the requirements to participate in navigation and engine duty;
(5) loading sea sand for ships that do not hold valid ship inspection certificates or loading sea sand for transport ships that exceed the approved load;
(6) The self-sucking and self-transporting sea sand mining vessel does not lift the sand suction pipe when leaving the approved sea sand mining area, or lowers the sand suction pipe and starts the sand pump before entering the approved sea sand mining area. If the above-mentioned acts do not occur again within one year from the date of
listing, the key supervision shall be lifted.
Supplementary Provisions
Article 32 Staff members of natural resources, ecological environment, marine law enforcement agencies and maritime administrative agencies who neglect their duties, abuse their powers or engage in malpractices for personal gain in the supervision and management of the transfer of "two rights in one" of sea sand, the examination and approval of marine environmental impact assessment, the examination and approval of permits for construction operations on water and underwater, and the comprehensive enforcement of marine law, etc. Punishment shall be imposed according to law; if a crime is constituted, criminal responsibility shall be investigated according to law. Article
33 Where laws and regulations provide otherwise for the exploitation, transportation and use of sea sand, such provisions shall prevail. Article
34 These Provisions shall be implemented as of the date of issuance and shall be valid for a period of five years. Article
35 The municipal administrative department for natural resources planning shall be responsible for the interpretation of these Provisions.
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