Procedures of Shanghai Municipality on the Administration of Geological Data

 2018-06-05  30


Procedures of Shanghai Municipality on the Administration of Geological Data

  • Document NumberDecree No. 90 of Shanghai Municipal People's Government
  • Area of Law Geology & Mining
  • Level of Authority Local Government Rules
  • Date issued10-25-2012
  • Status Effective
  • Issuing Authority Shanghai Municipality



Decree of Shanghai Municipal People's Government
(No. 90)
The Procedures of Shanghai Municipality on the Administration of Geological Data were adopted on October 22, 2012 at the 155th Routine Meeting of the Municipal People's Government, and are hereby promulgated. They shall be effective as of December 1, 2012.
Mayor: Han Zheng
October 25, 2012
Procedures of Shanghai Municipality on the Administration of Geological Data
Promulgated by Decree No. 90 of Shanghai Municipal People's Government on October 25, 2012
Article 1
Purposes and Basis
With a view to strengthening the administration of this Municipality's geological data, giving full play to the role of geological data, and protecting the legitimate rights and interests of the persons who collect and submit geological data, these Procedures are formulated in accordance with the Regulations on the Administration of Geological Data (hereinafter referred to as the Regulations), and in the light of the actual circumstances.
Article 2 (Application Scope)
These Procedures apply to the collection and submission, preservation, utilization and supervisory management of the geological data in the administrative areas of this Municipality.
Every unit or person that ought to collect and submit geological data to the State Council's competent administrative department of geology and mineral resources according to the provisions of the Regulations shall implement it in accordance with relevant provisions of the State.
Article 3 (Definitions)
The geological work mentioned in these Procedures include the activities of geological study, geological investigation, geological survey, mineral resources appraisal, mineral resources exploration and development, hydrological geology or engineering geology exploration, environmental geology investigation, geological hazard evaluation and exploration, and geotechnical engineering survey.
The geological data mentioned in these Procedures refer to the firsthand geological data and the outcome geological data in the forms of characters, charts and graphs, audio-visual data, electromagnetism media as well as the physical geological data including the data of the core of rocky mineral, all types of specimens, polished thin sections and samples, which are produced in the course of the geological work.
Article 4 (Administrative Departments)
Shanghai Municipal Urban Planning, Land and Resources Administration (hereinafter referred to as the MPLRA) is the competent administrative department for collection, submission, preservation and utilization of this Municipality's geological data.
The relevant administrative departments of development & reform, construction and communications, earthquake, water affairs, ocean, environmental protection, and agriculture shall cooperate in the implementation of these Procedures according to their respective functions and duties.
Article 5 (The Data Library)
The geological data library under the MPLRA (hereinafter referred to as the geological data library) shall be responsible for the preservation and the availability of the geological data in this Municipality, and shall, according to the provisions of these Procedures, accept the entrustment of the MPLRA to undertake the reception and acceptance of the geological data.
Article 6 (System of Unified Collection and Submission)
This Municipality practises a system of unified collection and submission of geological data.
The geological data collecting and submitting party shall, according to the provisions of these Procedures, collect and submit the geological data to the MPLRA.
The geological data collecting and submitting scope shall be implemented according to the provisions of the Regulations.
Article 7 (The Collecting and Submitting Party)
Within the administrative areas of this Municipality a person with the right of prospecting or the right of mining who is engaged in the exploration and development of mineral resources is the geological data collecting and submitting party; the development unit that is involved in geological hazard evaluation and exploration or in geotechnical engineering survey in construction projects is the geological data collecting and submitting party.
A geological work unit that is engaged in a geological project beyond those listed in the preceding clause and is funded by the public finance is the geological data collecting and submitting party; where the geological project is not funded by the public finance, the sponsor contributing the fund is the geological data collecting and submitting party; if the geological project has multi-sponsors, different sponsors shall jointly undertake the geological data collecting and submitting responsibility.
Article 8 (Entrustment of the Collection and Submission)
A geological data collecting and submitting party that is not responsible for a geological project may entrust the relevant geological work unit to perform its responsibility of the data collection and submission.
Where the geological data collecting and submitting party entrusts a geological work unit to perform its collecting and submitting obligation, the two parties shall sign a proxy of geological data collection and submission.
Article 9 (Contents of the Collection and Submission)
Except the outcome geological data as well as the firsthand geological data and physical geological data that need to be collected and submitted as required by the attachments of these Procedures, other firsthand geological data and physical geological data only need catalogues for the submission. The detailed catalogues of the outcome geological data, firsthand geological data and physical geological data that shall be collected and submitted shall be implemented respectively according to the provisions of Attachments 1, 2 and 3 of these Procedures.
Where the firsthand geological data have been included as attached figures, annexed tables and appendixes of the outcome geological data, these data may be exempted from submission.
In the case of geological data that shall be collected and submitted to the State Council's administrative department of geology and mineral resources according to the provisions of the Regulations, the collecting and submitting party shall simultaneously submit a catalogue of the collected and submitted geological data to the MPLRA.
Article 10 (Requirements for the Collection and Submission of the Outcome Geological Data)
The outcome geological data collected and submitted shall be in conformity with relevant national standards of compilation, with complete and full contents, clear and precise format and print, and durable ink. The contents of the submitted electronic documents shall be in conformity with the contents of the corresponding paper versions.
When collecting and submitting the outcome geological data, the collecting and submitting party shall submit one paper version and one electronic version. Under special circumstances, the following provisions shall be carried out:
1. Where the outcome geological data of a trans-provincial geological project shall be transferred to the neighboring provinces according to the requirements of the State, the number of copies of the paper version and electronic version shall be the same number of provinces involved.
2. Where a sino-foreign cooperative project has produced different language versions of the geological data, one paper version and one electronic version in foreign language shall be submitted besides one paper version and one electronic version in Chinese.
3. Where the outcome geological data are transferred to the State Council's administrative department of geology and mineral resources in accordance with the requirements of the State, one additional copy of the paper version and electronic version is required.
Article 11 (Requirements for the Collection and Submission of Other Geological Data)
The firsthand geological data collected and submitted shall be complete, and the contents shall be in conformity with the catalogue list of the firsthand geological data. Where the firsthand geological data are electronic documents, the electronic documents shall be directly submitted; where they are not electronic documents, the original paper version, a photocopy, or a digitalized copy may be submitted.
The physical geological data collected and submitted shall ensure that the physical samples are real and full, with clear and precise marks, and are in conformity with the catalogue list of the physical geological data.
Article 12 (Time Limits of the Collection and Submission)
The geological data collecting and submitting party shall collect and submit geological data in accordance with the time limit provided by the Regulations.
The geological data formed by such geological work as geological hazard evaluation and exploration, and geotechnical engineering in construction projects shall be submitted within 180 days from the date of the completion of the geological project.
Article 13 (Postponement of the Collection and Submission)
A geological data collecting and submitting party unable to collect and submit the geological data within the prescribed time limit owing to a force majeure shall, within 15 days before the expiration of the collection and submission, submit a written application for postponement of the collection and submission to the MPLRA.
The MPLRA shall make decisions within 5 working days from the date of receiving the application for postponement of the collection and submission, and notify the applicant in writing; if the postponement is approved, the extended period shall be made clear, with a maximum extension of 180 days.
Article 14 (Reception and Acceptance)
The geological data library shall, within 5 working days from the date of receiving the submitted geological data, conduct acceptance checks of these geological data. Where the data are qualified for acceptance, a receipt for the submitted geological data shall be issued; if the data are unqualified for acceptance, they shall be sent back to the collecting and submitting party for complementation and revision, and shall be resubmitted within a prescribed time limit. Failure in revision or complementation by the collecting or submitting party within the prescribed time limit shall be regarded as no submission of geological data.
Article 15 (Protection Registration)
In the case of geological data that require protection, the collecting and submitting party shall, when conducting the collection and submission, apply to the MPLRA for going through the registration formalities for geological data protection in accordance with the requirements specified in the Regulations.
In the case of geological data of public interest nature formed by geological work funded by the public finance, they shall not undergo the formalities of protection. The scope of the geological data of public interest nature shall be implemented according to the provisions of the State Council's administrative department of geology and mineral resources.
Article 16 (Preservation)
The geological data library shall, in a unified manner, preserve the geological data that are qualified upon examination and acceptance. The geological data library shall establish a special warehouse of geological data, preserve geological data of different mediums, and repair damaged data. Such measures as keeping backups in different places shall be adopted for digital data according to relevant administrative norms for electronic documents so as to guarantee the integrity and safety of the geological data.
The firsthand geological data and physical geological data that only need the submission of a catalogue as provided by Clause 1 of Article 9 of these Procedures shall be preserved by the geological work unit itself.
Article 17 (General Provisions for Publicity)
All geological data shall be made public according to law, except for the geological data involving state secrets and being in the protection period according to the provisions of the Regulations. The geological data library shall make public the submitted geological data according to the prescribed time limit provided by the Regulations.
The geological data of public interest nature formed by geological work funded by the public finance shall, within 90 days from the date of the submission, be made public by the geological data library.
A unit or individual may, on the strength of valid certificates such as the certificate issued by the unit or the person's identity card, visit a geological data library to consult, duplicate and extract the open geological data. The geological data library may charge a fee for the cost of duplicating the geological data. The specific fee standards shall be formulated by the municipal administrative department of price control.
The geological data library shall establish a public service network system for geological data information, make public the catalogue of the geological data, and facilitate enquiries.
Article 18 (Examination on the Protection of Secrets)
The protection, publicity and utilization of the geological data involving state secrets or the right of authorship shall be implemented in accordance with relevant provisions of the Law on Guarding State Secrets and the Copyright Law.
The geological data library shall, in accordance with the provisions of the State, establish the confidentiality review system to conduct confidentiality examination on geological data; in case the geological data collecting and submitting party has proposed a classification level, a check-up shall be carried out to verify the classification level.
Article 19
Management of Geological Data Within the Protection Period
In the case of geological data in the protection period, only the catalogues shall be opened. However, the geological data that the collecting and submitting party consents in writing to make public ahead of time limit shall be disclosed by the geological data library from the date of consent.
The protection period of geological data shall be calculated from the date of handling the registration formalities; in the case of the geological data submitted beyond the prescribed time limit, the protection period shall be calculated from the date of the submission of geological data.
Article 20 (Utilization)
The geological data in the protection period may be utilized by payment, and the specific method may be determined through negotiation between the utilizing person and the geological data collecting and submitting party. Where a utilizing person applies to the geological data library for consultation and utilization, a written agreement signed by both parties concerned shall be provided. During the protection period, the utilization of the geological data obtained by public-finance-funded exploration and development shall be implemented in accordance with the provisions of the State Council's administrative department of geology and mineral resources.
During the protection period, the people's governments at all levels of this Municipality and relevant departments may utilize the geological data free of expense due to the needs of public interest including disaster prevention and mitigation, national defense construction, public security, and environmental protection. The utilizing person may file an application to the MPLRA, and the geological data library shall provide the data upon confirmation by the MPLRA.
Article 21 (Requirements for Data Library)
The geological data library shall utilize the contemporary information-processing technology to launch a comprehensive study of geological data, strengthen the exploration, compilation and research of geological data so as to provide the basis for governmental decision-making matters such as this Municipality's urban and rural planning, construction and administration, and provide geological data services of public welfare nature to the public.
The construction of the buildings of the geological data library and the allocation of personnel and facilities shall be in conformity with the national construction standards regarding geological data libraries.
Article 22 (Data Sharing Mechanism)
The MPLRA shall strengthen administrative communication with the municipal administrative departments of water affairs, ocean, environmental protection, construction, transport, earthquake, and agriculture, establish a sharing mechanism of geological data and data of related activities, and sign agreements to clarify all parties' rights and obligations in data sharing.
Article 23
Supervisory Administration
The MPLRA shall, in accordance with the provisions of these Procedures, strengthen supervisory administration of the geological data collection, submission, preservation and utilization in this Municipality, organize the inspection on the implementation of laws and regulations concerning geological data administration, formulate the plan for the geological data work in this Municipality, supervise and urge geological data collecting and submitting parties to perform their collection and submission duties, and investigate the illegal cases according to law.
The MPLRA shall strengthen the administration of the geological data libraries, and check up and guide the geological data libraries in their reception and acceptance checks of geological data.
Article 24
Punishments of Behaviors as Provided by the Regulations
Where the Regulations have provided punishment for violations of these Procedures, such provisions shall prevail.
Article 25 (Punishments for Violations of the Provisions on Submitting a Copy of the Catalogue)
Any unit or individual violating the provisions of Clause 3 of Article 9 of these Procedures and failing to submit a copy of the relevant geological data catalogue to the MPLRA shall be ordered by the MPLRA to make corrections within a prescribed time limit; where the wrongdoer fails to make corrections within the prescribed time limit, a fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed, and publicly announced.
Article 26
Effective Date
These Procedures shall be effective as of December 1, 2012.
Annexes:
1. Detailed Catalogue of Shanghai Municipality on Collection and Submission of the Outcome Geological Data (Omitted)
2. Detailed Catalogue of Shanghai Municipality on Collection and Submission of Firsthand Geological Data (Omitted)
3. Detailed Catalogue of Shanghai Municipality on Collection and Submission of Physical Geological Data (Omitted)