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Regulations of Guizhou Province on Geological Environment Management

the geological environment is an extremely important part of the natural environment, and it is an interrelated system consisting of rocks, eluvial soil, water, gas and organisms. The following are the regulations on geological environment management in Guizhou Province, welcome to read!

latest edition of regulations on geological environment management in Guizhou Province

Chapter I General Provisions

Article 1 In order to protect and rationally utilize the geological environment, prevent and control geological disasters, protect the safety of public property and citizens' lives and property, and promote the sustainable development of economy and society, in accordance with the provisions of the Mineral Resources Law of the People's Republic of China, the Regulations on the Prevention and Control of Geological Disasters and other relevant laws and regulations, combined with

article 2 the geological environment mentioned in these regulations refers to all kinds of geological bodies such as rock mass, soil mass, groundwater and mineral deposits and the sum of their activities that affect the survival and development of human beings.

article 3 these regulations shall apply to activities such as geological environmental impact assessment and monitoring, prevention and control of geological disasters, protection of mine geological environment and protection of geological relics within the administrative area of this province.

article 4 geological environment management shall adhere to the principles of active protection and rational development and utilization.

article 5 the people's governments at or above the county level shall strengthen their leadership over the management of geological environment within their respective administrative areas, organize the formulation of geological environment protection plans, and incorporate them into the national economic and social development plans of the people's governments at the corresponding levels.

article 6 the administrative departments of land and resources of the people's governments at or above the county level shall be responsible for the supervision and management of the geological environment within their respective administrative areas.

relevant departments of the people's governments at or above the county level shall, according to their respective responsibilities, do a good job in geological environment management.

article 7 the administrative departments of land and resources of the people's governments at or above the county level shall strengthen the publicity and popular science education on geological environmental protection.

all units and individuals have the obligation to protect the geological environment, and have the right to report and accuse acts that damage the geological environment.

Chapter II Geological Environment Impact Assessment and Monitoring

Article 8 In any of the following circumstances, an institution with corresponding qualifications shall conduct geological environment impact assessment, which shall be included in the environmental impact assessment report after being audited by the administrative department of land and resources of the people's government at or above the county level:

(1) To formulate land consolidation plans, urban (town) plans and regional economic development plans;

(2) developing mineral resources;

(3) Centralized exploitation of geothermal and groundwater resources in urban planning areas and industrial and mining areas;

(4) site selection of new towns, new urban areas and various development zones;

(5) large-scale construction projects and supporting facilities such as railways, airports, highways, reservoirs and main canals, power stations (fields).

Article 9 Geological environment impact assessment includes:

(1) Evaluation of geological environment characteristics, major geological environment problems and their impact on residents' survival;

(2) Evaluation of geological environment quality and countermeasures for prevention and control of geological environment problems.

Article 11 The administrative departments of land and resources of the people's governments at or above the county level shall, according to the geological environment of their respective administrative areas, set up and improve monitoring facilities, and conduct dynamic monitoring, data analysis, preservation and utilization of the geological environment within their respective administrative areas; Major geological and environmental problems that may cause geological disasters and endanger the safety of public property and citizens' lives and property shall be reported to the people's government at the same level and the competent department at a higher level in a timely manner.

the administrative department of land and resources of the provincial people's government shall, according to the monitoring data of geological environment, regularly publish bulletins on the geological environment of this province.

article 11 no unit or individual may occupy, damage or move geological environment monitoring facilities and signs without authorization.

chapter iii prevention and control of geological disasters

article 12 the people's governments at or above the county level shall establish special funds for the prevention and control of geological disasters, which shall be used for the investigation, monitoring and prevention of geological disasters caused by natural factors. The funds required for the investigation, monitoring and prevention of geological disasters shall be borne by the people's governments at or above the county level according to the grades of geological disasters and hidden dangers of geological disasters.

the specific measures for the classification of hidden dangers of geological disasters and the graded commitment of special funds for prevention and control shall be formulated by the provincial people's government.

if the geological environment is damaged or geological disasters are caused by human activities such as engineering construction, measures should be taken to restore or control it, and the control expenses shall be borne by the responsible person according to the principle of whoever destroys, causes and controls it.

Article 13 When developing mineral resources or carrying out engineering construction in areas prone to geological disasters, geological disaster risk assessment shall be carried out by units qualified for geological disaster risk assessment at the feasibility study stage; If it is not suitable for development and construction after evaluation, it shall be located separately.

the evaluation unit shall be responsible for the evaluation results and report to the administrative department of land and resources of the people's government at or above the county level for the record.

article 14 geological disaster control projects shall be carried out in accordance with the procedures for exploration, design, construction and supervision prescribed by the state. In the event of major emergency geological disasters, emergency control projects can be carried out by units with corresponding qualifications, but after the danger is effectively controlled, geological disasters should also be controlled in accordance with the procedures prescribed by the state.

Fifteenth geological disaster control projects approved by the government shall be subject to bidding in accordance with relevant regulations, except for emergency control projects.

chapter iv protection of geological environment in mines

article 16 the administrative department of land and resources of the people's government at or above the county level shall, jointly with the departments of environmental protection, forestry, agriculture and water conservancy, prepare a plan for the protection, treatment and restoration of mine ecological environment, and report it to the people's government at the same level for approval before implementation.

article 17 when mining mineral resources according to law, the mining right holder shall entrust a unit with corresponding qualifications to formulate a plan for the protection and treatment of mine geological environment, and report it to the administrative department of land and resources of the people's government at or above the county level for the record.

The plan for the protection and treatment of mine geological environment shall include the following contents:

(1) The basic situation of the mine and the present situation of geological environment;

(2) analysis of mine geological environment problems and evaluation of influence degree;

(3) mine geological environment protection and control measures.

Article 18 During the mining process, before the mine is closed or closed, the mining right holder shall perform the following obligations of mine geological environment management and restoration according to the mine geological environment protection and management plan:

(1) Repairing damaged roads, buildings and ground facilities to make them safe and available;

(2) Remediation of the destroyed land so that it can be planted, farmed or otherwise used;

(3) Renovating the slopes and sections of the open-pit mining field and restoring vegetation to eliminate potential safety hazards and make them in harmony with the surrounding environment;

(4) Take effective technical measures to make underground tunnels and mined-out areas reach a safe state;

(5) Disposal of mining wastes according to regulations;

(6) Take measures to solve the problem of drinking water for people caused by the decline of groundwater level caused by mining;

(7) Other obligations of mine geological environment protection as stipulated by laws and regulations.

Article 19 The deposit system shall be implemented for the management and restoration of mine geological environment.

the deposit for mine geological environment remediation and restoration shall be determined according to the requirements of not less than the remediation and restoration expenses, and the factors such as the mining area, mining method and the degree of influence on mine geological environment. According to the mine geological environment protection and treatment plan, if the mine geological environment is treated in stages, the deposit can be paid in stages.

the deposit for mine geological environment restoration shall be managed by special financial accounts and shall not be used for other purposes. The administrative department of land and resources of the people's government at or above the county level where the mine is located shall supervise and inspect the performance of the mining right holder's obligations of governance and restoration, and accept the restoration of the mine geological environment in conjunction with the environmental protection and forestry departments at the same level; Upon acceptance, the deposit and its interest shall be returned to the mining right holder in time.

the measures for the administration of the withdrawal and use of the deposit for mine geological environment restoration shall be formulated by the provincial people's government.

article 21 the mining right holder shall truthfully record the geological environment of the mine regularly, form an annual report, and submit it to the administrative department of land and resources of the people's government at or above the county level for the record before the end of each year. The report on the geological environment of the mine shall include the following contents:

(1) the annual comparison chart of the above-ground and underground projects;

(2) mining method;

(3) Annual output and annual discharge, annual comprehensive utilization and accumulated stock of tailings, solid wastes and wastewater;

(4) occupying and destroying the land area and restoring the land area through cumulative control;

(5) the occurrence and treatment of geological disasters in mines;

(6) groundwater level.

article 21 the local people's government shall take measures to encourage units and individuals to invest in the management of the damaged mine geological environment left over from history in accordance with the principle that whoever invests will benefit.

chapter v protection of geological relics

article 22 the geological relics protected by these regulations refer to ancient fossils, rock minerals, precious jade and their producing areas, typical geological profiles, geological structures, geological disaster relics, glacial relics, hot springs, waterfalls, Danxia, karst caves, canyons, peaks and forests and other precious and non-renewable geological natural heritages.

the paleontological fossils protected by these regulations refer to the remains or trace fossils of animals, plants, etc., which were formed during the geological period and occurred in the strata. Except Quaternary vertebrate fossils and hominid fossils related to human activities.

article 23 the administrative department of land and resources of the provincial people's government shall, jointly with the departments of culture, tourism, construction, forestry, environmental protection, agriculture and other departments, formulate a plan for the protection of geological relics, which shall be submitted to the provincial people's government for approval before implementation.

geological relics with scientific research and ornamental value can be established as geological relics protection areas or geological parks in accordance with the relevant provisions of the state and the province. Provincial geoparks shall be declared by the people's governments at or above the county level where the geological relics are located, and shall be submitted to the provincial people's government for approval after being audited by experts organized by the administrative departments of land and resources of the provincial people's government.

to determine the scope of geological relics protection areas and geological parks, we should take into account the integrity and appropriateness of geological relics to be protected, as well as the needs of local economic construction and residents' production and life.

Twenty-fourth geological relics protection areas and geological park management institutions shall have professional and technical personnel responsible for the protection of geological relics.

article 25 geological relics distributed in scenic spots or other types of protected areas shall be managed by the original management institutions, and shall be subject to the supervision, inspection and operational guidance of the administrative departments of land and resources of the people's governments at the same level.

Article 26 Mining, quarrying, sand mining, earth borrowing, water fetching, blasting and other activities that damage geological relics are prohibited in geological relics protection areas and geological parks.

engineering construction should avoid geological relics protection areas and geological parks. If it is really unavoidable, experts shall be organized by the administrative department of land and resources of the provincial people's government to make an assessment, and protective measures shall be determined according to the assessment results. The project construction unit shall carry out the construction in accordance with the determined protective measures.

Article 27 The administrative departments of land and resources of the people's governments at or above the county level shall be responsible for the protection, supervision and management of paleontological fossils within their respective administrative areas. Public security, industry and commerce, culture, environmental protection, customs and other departments shall, in accordance with their respective responsibilities, do a good job in the protection and management of paleontological fossils.

Article 28 No unit or individual may excavate paleontological fossils without authorization.

article 29 if scientific research institutions and institutions of higher learning need to excavate paleontological fossils for scientific research, teaching and popularization of science, they shall submit a plan for the excavation of paleontological fossils to the administrative department of land and resources of the people's government at the county level, and make a decision after the administrative department of land and resources of the provincial people's government organizes experts to review the plan. The administrative department of land and resources of the provincial people's government shall make a decision within 21 days from the date when the administrative department of land and resources of the people's government at the county level receives the plan.

the excavation plan of paleontological fossils should include the basic information of the digger, the purpose of excavation, time, place, scope, type, quantity, excavation method, preservation method and environmental restoration measures.

diggers must carry out mining according to the scheme approved by experts. The administrative department of land and resources of the people's government at the county level in the mining area shall supervise the mining activities.

within 31 days after the end of mining activities, the digger shall truthfully report the complete files of paleontological fossils obtained by mining to the administrative department of land and resources of the local people's government at the county level for the record. If it is confirmed to be an important paleontological fossil, it shall be submitted to the institution designated by the administrative department of land and resources of the provincial people's government for preservation.

Thirtieth encourages qualified units or individuals to apply for the establishment of a museum of paleontology fossils according to law.

the museum of paleontology fossils and other collection units of paleontology fossils shall establish archives and safety systems for their collection, and report them to the administrative departments of land and resources of the people's governments at or above the county level for the record.

Article 31 The following important fossils of paleontology shall not be bought or sold:

(1) Type specimens of officially named species and genera of paleontology;

(2) Paleontological fossils that are rare in China or have special significance in biological evolution and classification.

the specific list shall be formulated by the provincial people's government.

the type specimens mentioned in item (1) of the first paragraph of this article refer to the main specimens used to define a genus or species of organisms.

Article 32 Where a paleontological fossil research institution uses the paleontological fossils of this province for scientific research, it shall submit a copy of the scientific research report to the administrative department of land and resources of the provincial people's government within 31 days after the completion of the scientific research project, unless otherwise stipulated by laws and regulations; In cooperation with foreign organizations and individuals to conduct scientific research by using the paleontological fossils in this province, a project cooperation agreement shall be signed, and the paleontological fossils collected in the cooperative research shall be preserved by the Chinese side according to law.

article 33 if it is necessary to transport important paleontological fossils out of the province due to scientific research, teaching, popular science and exhibitions, it shall be reported to the administrative department of land and resources of the provincial people's government for the record.

if it needs to be transported out of the country, it shall go through the examination and approval procedures according to state regulations.

article 34 if a unit or individual finds a suspected paleontological fossil in production, construction and other activities, it shall protect the site and promptly report to the administrative department of land and resources of the local people's government at the county level. The administrative department of land and resources of the people's government at the county level shall, within 3 days from the date of receiving the report, jointly with the administrative department of culture, organize an expert inspection and put forward handling opinions; If it is really an important paleontological fossil, it shall take protective measures and report the handling opinions to the administrative department of land and resources and the administrative department of culture of the provincial people's government.

article 35 paleontological fossils confiscated by the industrial and commercial, customs and other departments according to law shall be recorded and properly kept, and handed over to the administrative department of land and resources of the people's government at or above the county level free of charge within 15 days after the case is closed, and the administrative department of land and resources of the people's government at or above the county level shall hand them over to state-owned collection units that meet the prescribed conditions for collection.

Chapter VI Legal Liability

Article 36 If a violation of Article 11 of these regulations does not constitute a crime, the administrative department of land and resources of the people's government at or above the county level shall give a warning and order it to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 1,111 yuan and less than 1,111 yuan shall be imposed.

article 37 in violation of the provisions of the first paragraph of article 13 of these regulations, which does not constitute a crime, the administrative department of land and resources of the people's government at or above the county level shall