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Decision of the Standing Committee of Hubei Provincial People's Congress on Amending and Abolishing Some Provincial Local Regulations (20 19)
I. Amend the Regulations of Hubei Province on Comprehensive Management of Agricultural Natural Resources.

Paragraph 2 of Article 3 is amended as: "The competent department of development and reform of the people's governments at or above the county level is the comprehensive management department of agricultural natural resources within their respective administrative areas."

The "administrative departments of agriculture, water conservancy, land resources, forestry, environmental protection and meteorology" in the third paragraph is amended as "administrative departments of agriculture, rural areas, water administration, natural resources, ecological environment and meteorology". Two, make amendments to the "Regulations" of Shennongjia National Park Protection.

(a) the "daily work of the joint meeting shall be undertaken by the development and reform department of the provincial people's government" in Article 7 is amended as "the daily work of the joint meeting shall be undertaken by the department determined by the provincial people's government".

(2) The "departments of finance, land resources, environmental protection, urban and rural construction, water administration, agriculture, forestry, culture and tourism" in Article 9 shall be changed to "departments of development and reform, finance, natural resources, ecological environment, housing and urban and rural construction, water administration, agriculture and rural areas, culture and tourism". Three, the "Hubei province to implement the" People's Republic of China (PRC) * * * and the city residents committee organization law "approach" to make changes.

The term of office of the residents' committee in the first paragraph of Article 8 is amended as "the term of office of the residents' committee is five years". Four, the "Hubei Province, the village committee election measures" to make changes.

(a) the term of office of the villagers' committee in the first paragraph of Article 4 shall be changed to five years.

(two) the "agriculture" in article forty-first is amended as "agriculture and rural areas". Five, the "Hubei Province, the implementation of the" People's Republic of China (PRC) * * * and the villagers' committee organization law "approach" to make changes.

(a) the term of office of the villagers' committee in the second paragraph of Article 6 is amended as "the term of office of the villagers' committee is five years".

(two) the "agricultural sector" in the first paragraph of article twenty-ninth is amended as "agriculture and rural sector". Six, make amendments to the "Regulations" of rural five guarantees in Hubei province.

(a) development and reform, education, public security, finance, human resources and social security, land and resources, housing and urban and rural construction, agriculture, culture, health and family planning, disabled persons' Federation and other words. The first paragraph of Article 5 is amended as "development and reform, education, public security, finance, human resources and social security, natural resources, housing and urban and rural construction, agriculture and rural areas, culture and tourism, etc.". "

(two) the "health and family planning" in the second paragraph of article twentieth and the fourth paragraph of article twenty-sixth shall be amended as "health and health".

(three) thirty-fifth in the first paragraph of the "health and family planning departments" to "health, medical security and other departments".

The "new rural cooperative medical care" in the first and second paragraphs is amended as "basic medical insurance for urban and rural residents".

The "designated institutions of rural cooperative medical care" in the third paragraph is amended as "designated medical institutions". Seven, the "Hubei Province Employment Promotion Ordinance" to make changes.

(a) the "administrative department of human resources and social security" in the regulations is amended as "administrative department of human resources and social security" and "administrative department of health" is amended as "health department".

(2) The words "industry and commerce, health, construction, civil affairs, land resources, etc." in the first paragraph of Article 12 are amended as "market supervision and management, health, housing and urban and rural construction, civil affairs, natural resources, etc.".

(three) the "industrial and commercial administration" in the first paragraph of article forty-fifth is amended as "market supervision and management".

The "administrative department for industry and commerce" in the second paragraph is amended as "market supervision and management department".

(4) The term "administrative department of human resources and social security" in Article 59 is changed to "administrative department of human resources and social security". Eight, the "Regulations on the prevention and control of soil pollution in Hubei Province" is amended as.

(a) the competent department of environmental protection in the regulations shall be revised as the competent department of ecological environment, the competent department of agriculture as the competent department of agriculture and rural areas, and the competent department of land and resources as the competent department of natural resources.

(two) by deleting the "sewage charges" in the second paragraph of article fourth.

(three) "health, tourism, etc." The fourth paragraph of Article 9 is amended as "health, culture and tourism".

(4) Amend "environmental protection, agriculture, housing and urban-rural construction, land and resources" in the first paragraph of Article 12 and the first paragraph of Article 13 to "ecological environment, agriculture and rural areas, housing and urban-rural construction, and natural resources".

(five) in the fourth paragraph of article twenty-fifth, "environmental protection, agriculture, housing and urban and rural construction" is amended as "ecological environment, agriculture and rural areas, housing and urban and rural construction".

(6) Paragraph 3 of Article 32 is amended as: "If the person responsible for soil pollution cannot be determined, the land use right holder shall control and repair the soil pollution."

(7) The first paragraph of Article 33 is amended as: "The person in charge of soil pollution control and the person in charge of remediation shall, based on the risk assessment, formulate a soil pollution control plan or remediation plan, and report it to the relevant competent authorities for the record and implement it according to law."

Delete the second paragraph.

(8) Article 34 is amended as: "After the completion of soil pollution control and remediation activities, assessment and review shall be conducted in accordance with state regulations."

(9) It is revised as "environmental protection, agriculture, housing and urban and rural construction, land and resources, economy and informatization, health, etc." In article 35, it is changed to "ecological environment, agriculture and rural areas, housing and urban and rural construction, natural resources, economy and informatization, health, etc.".

(10) Paragraph 2 of Article 37 is amended as: "The competent agricultural and rural departments of the people's governments at or above the county level shall, jointly with the competent ecological and environmental departments, divide the producing areas of agricultural products into priority protection categories, safe utilization categories and strict control categories, set up signs, uniformly number them, establish files and implement classified management."

(11) Article 38 is amended as: "Permanent protection of agricultural products with priority protection. In areas where key protected agricultural products are concentrated, no new construction projects that may cause soil pollution may be built; Those that have been built shall be closed within a time limit.

"The safe use of agricultural products shall be formulated and implemented in accordance with state regulations, and the following measures shall be taken:

"(a) the surrounding areas to take environmental access restrictions, strengthen the supervision and management of pollution sources;

"(two) to strengthen the monitoring of soil environment and agricultural products quality;

"(3) Take measures such as agricultural regulation and control to control heavy metals from entering agricultural products;

"(four) the implementation of crop rotation fallow;

"(five) other measures prescribed by laws and regulations.

"The following measures shall be taken to strictly control the origin of agricultural products:

"(a) prohibit the cultivation of edible agricultural products and forage grass;

"(two) is not suitable for the production of agricultural products, the government should adjust the land use according to law;

"(3) Adjusting the planting structure or returning farmland to forest (grass);

"(four) the implementation of soil pollution control or remediation;

"(5) Other measures prescribed by laws and regulations."

(12) Paragraph 1 of Article 59 is amended as: "If an enterprise in a high-risk industry of soil pollution fails to monitor its land and surrounding soil in accordance with regulations, the competent department of ecological environment shall order it to make corrections within a time limit and impose a fine of 20,000 yuan to 200,000 yuan; Those who refuse to make corrections shall be ordered to suspend production for rectification. "

(13) Article 60 is amended as: "If the soil pollution prevention and control facilities of a construction project are not completed, and the main project is put into production, or dismantled or left idle without authorization after completion, the competent department of ecological environment shall order it to make corrections within a time limit and impose a fine of more than 200,000 yuan and less than 6,543,800 yuan; If it fails to make corrections within the time limit, it will be fined 6,543,800+0,000 yuan and 2,000,000 yuan; The directly responsible person in charge and other responsible personnel shall be fined between 50,000 yuan and 200,000 yuan; If it causes serious environmental pollution or ecological damage, it shall be ordered to stop production or use, or it shall be ordered to close after approval by the people's government with the power of examination and approval. "

(fourteen) by deleting the first item of the second paragraph of article sixty-first.

One paragraph is added as the third paragraph of Article 61: "Those who illegally use highly toxic, highly toxic and highly residual pesticides (including herbicides) shall be ordered by the competent agricultural and rural authorities to make corrections. If the pesticide user is an agricultural production and operation organization, a fine of not less than 50,000 yuan but not more than 6.5438+10,000 yuan shall be imposed, and if the pesticide user is an individual, a fine of not less than 6.5438+10,000 yuan and not more than 6.5438+10,000 yuan shall be imposed. "

(15) Article 62 is amended as: "If the person responsible for soil pollution control or remediation fails to carry out soil pollution control or remediation activities in accordance with the regulations, the competent department of ecological environment shall order him to make corrections within a time limit and impose a fine of not less than 20,000 yuan but not more than 200,000 yuan; Refuses to correct, a fine of more than 200,000 yuan and 6.5438+0,000 yuan shall be imposed, and others shall be entrusted to perform it, and the expenses required shall be borne by the person responsible for soil pollution control and the person responsible for remediation; The directly responsible person in charge and other directly responsible personnel shall be fined between 5,000 yuan and 20,000 yuan. "

(sixteen) by deleting sixty-third.