简体中文
(Adopted at the 19th meeting of the Standing Committee of the Ninth Provincial People's Congress on 2 December 2000 and amended at the 10th meeting of the Standing Committee of the Tenth Provincial People's Congress on 4 June 2004)
Chapter I General Provisions
Article 1 In order to protect the geological environment, prevent and control geological disasters, and promote the sustainable development of the economy and society, these regulations are formulated in accordance with the relevant laws and regulations and in the light of the actual situation of this province.
Article 2 Units and individuals engaged in geological environment planning, protection, investigation, monitoring, development and utilisation, and prevention and control of geological disasters within the administrative area of this province must abide by these Regulations.
Article 3 The geological environment referred to in these Regulations refers to the spatial environment involved in human activities from the surface to the subsurface, as well as geological disasters and geological relics.
Geological hazards refer to geological phenomena caused by natural and human-induced hazards to people's lives and property safety, mainly including collapse, landslide, mudslide, ground subsidence, ground cracks, ground subsidence and so on.
Article 4 The geological environmental protection implements the policy of combining development, utilisation and protection, and adheres to the principle that whoever utilises protects and whoever destroys governs.
Article 5 The provincial administrative department of land and resources is responsible for the supervision and management of geological environmental protection in the province.
The administrative departments of land and resources of cities, states (regions) and counties (cities and districts) shall be responsible for the supervision and management of geological environmental protection within their administrative areas.
The relevant departments of planning, environmental protection and construction shall, in accordance with their respective duties, do a good job in geological environmental protection.
Article 6 The people's governments at or above the county level shall strengthen the leadership of geological environmental protection work, encourage the research and development of geological environmental protection science and technology, and popularise the scientific knowledge of geological environmental protection.
Units and individuals who have made remarkable achievements in geological environmental protection shall be commended and rewarded.
Chapter II Geological Environment Planning
Article 7 The administrative departments of land and resources above the county level shall organise the preparation of the utilisation plan for geological environmental protection of the administrative region, which shall be incorporated into the overall plan for the national economic and social development of the region after being comprehensively balanced by the planning department.
The geological environmental planning of a cross-administrative region shall be organised and compiled by the administrative department of land and resources at the level above the common level.
Article 8 The geological environmental planning shall include the current state of the geological environment, geological environmental protection, prevention and control of geological disasters, restoration of the geological environment in mines, protection of geological relics, and monitoring of the geological environment.
Article 9 The geological environmental planning is an important basis for national economic and social development planning. Before the approval of the planning of water conservancy, transport, urban and rural construction, etc., the administrative department of land and resources at the same level shall be consulted on the content of geological environmental protection.
Chapter III Geological Hazard Risk Assessment
Article 10 The formulation of urban and rural construction master plan, comprehensive land development zones and economic development zones planning, shall carry out regional geological environment assessment.
The construction of engineering projects that may lead to geological disasters and the construction of engineering projects in geological disaster-prone areas shall be assessed for geological disaster hazards at the site selection stage.
Article 11 Units engaged in regional geological disaster risk assessment must have appropriate qualification conditions and be examined and recognised by the provincial administrative department of land and resources in accordance with the standards.
Article 12 The assessment of geological disaster risk shall be carried out in accordance with the requirements for the assessment of geological disaster risk of construction land. The assessment results shall be recognised by the provincial administrative department of land and resources. The assessment report shall be remitted in accordance with the national geological information remittance requirements.
Chapter IV Geological Environmental Protection
Article 13 The engineering construction and mining shall protect the geological environment and prevent geological disasters, environmental pollution and ecological damage.
Article 14 The mining right holder shall, in accordance with the provisions of the annual report on geological environmental protection to the administrative department of land and resources above the county, and accept supervision and inspection.
Article 15 The mining right holder to build tailing ponds, slag dams and other engineering facilities, shall, in accordance with the requirements of the geological disaster risk assessment report, take measures to prevent the mining caused by aquifer desiccation, ground subsidence, landslides, mudslides and other geological disasters.
Article 16 The geological environment restoration work in mines shall implement a deposit system, and the specific measures shall be implemented in accordance with the provisions of the national or provincial people's governments.
Article 17 Where engineering construction or mining causes damage to the geological environment or triggers a geological disaster, the person responsible shall promptly report to the local administrative department of land and resources and take the necessary restoration and treatment measures to prevent the disaster from expanding.
Article 18 The development of geothermal, mineral water shall be identified by the provincial land and resources administrative department in accordance with national standards.
The exploitation of underground hot water and mineral water shall apply for a water extraction licence and a mining licence, and pay the mineral resources compensation fee to the administrative department in charge of land and resources.
Article 19 The administrative departments of land and resources above the county level shall be responsible for the protection of geological relics within their administrative areas. The following geological relics shall be protected:
(a) geological landscapes with important ornamental and significant scientific research value;
(ii) Geological profiles and tectonic traces of significant value;
(iii) Palaeontological fossils of significant value and their places of origin;
(iv) Minerals and rocks of special value and their typical places of origin;
(v) Remains of geological disasters of typical and special significance;
(vi) Other geological relics in need of protection.
Article 20 Geological relics of typical significance of international, domestic and regional significance may be established as geological relic reserves in accordance with the provisions of the Regulations of the People's Republic of China on the Administration of Nature Reserves.
Chapter V Geological Environment Monitoring
Article 21 The administrative departments of land and resources above the county level shall be responsible for organising the dynamic monitoring of the geological environment in the administrative region, establishing an early warning system for geological disasters, and making timely forecasts and predictions of major geological disasters.
Sudden geological disaster forecasts (excluding earthquake forecasts) shall be issued by the people's governments at or above the county level.
Article 22 The units and organisations in the geological disaster prone areas and danger zones shall establish a daily observation system and report the abnormal situation to the local people's government in time.
Article 23 The mining right holder shall carry out dynamic monitoring of the geological environment in the mining area, and the monitoring results shall be regularly reported to the competent administrative department of land and resources above the county level.
Article 24 The provincial administrative department of land and resources shall issue an annual geological environment bulletin based on the geological environment monitoring information.
Article 25 No unit or individual shall move, bury or destroy geological environment monitoring facilities and signs without authorisation.
Chapter VI Prevention and Control of Geological Disasters
Article 26 The people's governments at or above the county level shall delineate the geological disaster hazardous areas and geological disaster prone areas within the administrative area.
Obvious signs shall be erected in the geological disaster hazardous areas and announcements shall be made.
When engaging in all kinds of production and construction activities in the geological disaster-prone areas, necessary measures shall be taken to prevent the triggering of geological disasters.
Article 27 The administrative departments of land and resources above the county level shall carry out supervision and inspection of the behaviours that may cause damage to the geological environment and induce geological disasters within the administrative area. Units and individuals subject to inspection shall truthfully reflect the situation and provide relevant information.
Article 28 The administrative departments of land and resources above the county level shall, in accordance with the regulations, prepare an annual geological disaster prevention plan for the administrative area and submit it to the people's government at the same level for examination and approval before organising its implementation.
Article 29 The people's governments at or above the county level shall, in accordance with the relevant provisions of the State, arrange for funds for the prevention and control of geological disasters that are appropriate to the tasks of geological disaster prevention and control, and use them for the emergency investigation and prevention of geological disasters.
Article 30 After a geological disaster occurs, the local people's government shall formulate a geological disaster management plan and organise the relevant departments to manage the disaster, and the threatened units and individuals shall participate in the management.
For geological disasters caused by human beings, the unit or individual who induced the geological disaster shall bear the corresponding responsibility and treatment costs.
Article 31 The geological disaster treatment programme shall be approved by the competent administrative department of land and resources above the county in accordance with the prescribed procedures.
After the completion of the geological disaster prevention and control project, the administrative department of land and resources above the county shall organise the acceptance.
Chapter VII Legal Liability
Article 32 The following administrative penalties shall be imposed by the land and resources administrative department above the county:
(1) Anyone who violates the provisions of Article 10 of these Regulations and fails to carry out the assessment of the danger of geological hazards shall be ordered to make corrections within a certain period of time; if he fails to make corrections after the expiration of the period of time, he shall be punished by a fine of 5,000 yuan or more than 20,000 yuan or less.
(ii) Anyone who violates the provisions of Article 11 of these Regulations and engages in regional geological disaster risk assessment without authorisation shall be ordered to stop the illegal act, confiscate the illegal income, and be fined not less than RMB 1,000 and not more than RMB 5,000.
(C) In violation of the provisions of Articles 15 and 26 of these Regulations, if it is ordered to take preventive and control measures and refuses to take preventive and control measures, it shall be fined from RMB 5,000 to RMB 30,000 or less.
(4) Anyone who violates the provisions of Article 17 of these Regulations, destroys the geological environment or triggers a geological disaster and fails to report it in a timely manner and fails to take measures for its prevention and control shall be fined not less than RMB 10,000 and not more than RMB 50,000 yuan.
(e) Anyone who moves, buries, encroaches upon or damages geological environment monitoring facilities and signs without permission in violation of the provisions of Article 25 of these Regulations shall be ordered to restore the original state within a certain period of time, and may be imposed a fine of not less than RMB 300 yuan and not more than RMB 5,000 yuan.
Article 33 If a staff member of the administrative department of land and resources neglects his duties, abuses his power, or commits malpractice for personal gain, and has not yet constituted a crime, he shall be given an administrative sanction by his employer or the competent department at a higher level; and if he has constituted a crime, he shall be investigated for criminal responsibility according to law.
Article 34 Violation of the provisions of these regulations, causing personal injury or property damage to others, shall be investigated for civil liability; constitutes a crime, shall be investigated for criminal liability.
Chapter VIII Supplementary Provisions
Article 35 The specific application issues in the implementation of these Regulations shall be interpreted by the provincial land and resources administrative department.
Article 36 These Regulations shall come into force on the date of promulgation.