Regulations of Jiangsu Province on Geological Environment Protection

· Document Number：Announcement No. 4 of the Standing Committee of the Eleventh People's Congress of Jiangsu Province

· Area of Law： Geology & Mining

· Level of Authority： Provincial Local Regulations

· Date issued：09-28-2008

· Effective Date：03-01-2009

· Status： Effective

· Issuing Authority： Jiangsu Province

Announcement of the Standing Committee of the Eleventh People's Congress of Jiangsu Province
(No. 4)
The Regulations of Jiangsu Province on Geological Environment Protection, adopted at the Fifth Meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on September 28, 2008, are hereby promulgated and shall enter into effect as of March 1, 2009.
September 28, 2008
Regulations of Jiangsu Province on Geological Environment Protection
(Adopted at the Fifth Meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on September 28, 2008)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the relevant laws and administrative regulations, in light of the specific situation of this Province, and for the purpose of protecting and improving geological environment, maintaining ecologic balance, preventing geological disaster, and promoting the sustainable development of the economy and the society.
Article 2 These Regulations shall apply to geological mine environment protection, mountain resources protection, geological relic protection, prevention and control of geological disaster and other activities relevant to geological environment protection within the administrative region of this Province.
Article 3 Geological environment as mentioned in these Regulations refers to the aggregate of geological elements such as rock mass, earth mass, mines, and ground water and geological processes which affect the survival and development of human being.
Article 4 The principle that protection shall be prioritized, utilization shall be rational, whoever develops shall be responsible for protection, whoever causes damage shall be responsible for restoration, and whoever invests shall benefit, shall be adhered to in geological environment protection.
Article 5 The local people's government at or above the county level shall strengthen the geological environment protection work within its administrative region, be responsible for the geological environment quality within its administrative region, formulate planning for geological environment protection, incorporate it into the local national economy and social development planning, establish geological environment protection responsibility system and eco-geo-environment restoration compensation mechanism, promote the construction of key eco-geo-environment restoration projects and incorporate the fund needed in geological environment protection into fiscal budget.
Article 6 The competent land and resource department of the local people's government at or above the county level shall be responsible for the supervision and administration work on geological environment protection within its administrative region.
The other relevant departments of the local people's government at or above the county level shall, according to their respective functions and duties, assist in doing well the supervision and administration work on geological environment protection.
Article 7 The local people's government at or above the county level shall encourage and support the scientific research on geological environment protection, popularize the scientific knowledge on geological environment protection, and commend and award the units and individuals who have make outstanding achievement in the geological environment protection work.
Chapter II Geological Environment Protection Planning and Monitoring Evaluation
Article 8 The land and resources department of the local people's government at or above the county level shall organize survey on the geological environment within its administrative region, formulate the geological environment protection planning according to the result of the survey and the geological environment protection planning of the next higher level in conjunction with the departments such as reform and development, environmental protection, urban and rural planning, water conservation, transport and traveling and meteorological administration organ, report the planning to the people's government at the corresponding level for promulgation and implementation, and report to the land and resources department at the next higher level for record.
Where it is really necessary to modify the geological environment protection planning, a report shall be made to the original approving organ for approval.
Article 9 The geological environment protection planning shall mainly include the following contents:
(1) the status quo of the geological environment;
(2) the basic requirement and planning targets of geological environment protection;
(3) the division of geological environment protection functional zones;
(4) geological environment protection and key eco-geo-environment restoration projects;
(5) guarantee measures for implementation of geological environment protection planning.
Article 10 The general planning for land utilization, the urban and rural planning, the mine resources planning, the tourism development planning and other major construction project planning on water conservation, transport and energy sources shall meet the requirement on geological environment protection.
The planning for prevention and control of geological disasters shall be incorporated into the general planning for cities and towns, and the planning for towns and villages.
Article 11 The competent land and resources department of the local people's government at or above the county level shall, according to the actual situation of the geological environment, organize to establish the geological environment monitoring system and geological disaster precaution system, construct and improve the geological environment monitoring facilities and conduct dynamic monitoring on the geological disasters and geological environment within its administrative region.
No units and individuals may occupy, damage or move illegally the geological environment monitoring and protection facilities and signs.
Article 12 Persons with the mining right shall conduct dynamic monitoring on mine geological environment, and report the monitoring result on regular terms to the competent land and resources department of the place where the mine locates.
The unit which is approved to mine ground water in the area which is marked as an area where ground subsidence and collapsible soil settlement is liable to occur in the geological disaster prevention and control planning shall conduct dynamic monitoring on the ground water regularly according to relevant technical specification, and report the monitoring result to the local competent national land and resources department and the administrative department of water conservation..
Where according to the risk evaluation on geological disaster, the construction of a project might cause geological disaster, the construction unit shall strengthen its monitoring; where any abnormity is discovered, it shall make a report to the local land and resource department in a timely manner.
The land and resources department of the local people's government at or above the county level shall strengthen supervision and inspection on the monitoring work.
Article 13 The competent land and resource department of the local people's government at or above the county level shall be responsible for the storage, analysis and evaluation of the geological environment monitoring material within its administrative region. The competent land and resources department of the provincial people's government shall promulgate gazette on geological environment of the whole province regularly based on the geological environment monitoring material.
Article 14 The environment impact assessment on a planning concerning geological environment shall include the content on geological environment impact assessment. The geological environment impact assessment mainly includes assessment on the characteristics of the geological environment and assessment on main geological environment problems and their impact on living and production, and prevention and control countermeasures against the geological environment problems.
Chapter III Protection of Mine Geological Environment
Article 15 The person with the mining right shall take measures of back fill, shut-down or other measures that can remove the hidden danger for geological disaster to deal with the prospect bores, holes and entries left over and dangerous rocks and slopes formed after the prospecting work is finished.
Article 16 The person with the mining right shall entrust a unit with corresponding qualification to formulate a plan for protection and integrated management of mine geological environment, and report to the competent land and resources department of the people's government at or above the county for examination and approval according to the division of the right to approve mining right.
For a mine enterprise which is under construction or has been put into operation, where it has not formulated the plan for protection and integrated management of mine geological environment, the person with the mining right shall entrust a unit with corresponding qualification to formulate the plan within the period of time prescribed by the competent land and resources department, and report to the original organ which licensed the mining operation for approval and implementation.
The relevant specifications of the State shall be implemented for the main content and formulation procedures of the plan for protection and integrated management of mine geological environment.
Article 17 The person with the mining right shall perform the following obligations to restore and improve the mine geological environment in the mining process or before it shut-down or close a mine:
(1) to repair the damaged road and ground facilities and make them meet the relevant technical and quality standards so as to make sure they are safe and can be used;
(2) to renovate the damaged land and restore it to the status that it can be used for planting, breeding and other useful purposes;
(3) to repair the slopes and sections of the open mine, restore vegetation, remove safety hazards, and make them compatible with the surrounding environment;
(4) to take effective measures to make sure that the underground holes, entries, and gob areas have reached a safe status;
(5) to dispose of the mining wastes according to the provisions;
(6) to perform other obligations on restoration and improvement of the mine geological environment as provided by laws and regulations.
The competent land and resources department of the local people's government at or above the county level shall carry out supervision and inspection on the performance of his obligation on restoration and improvement of mine geological environment conducted by the person with the mining right.
Article 18 A guarantee fund system shall be implemented for the restoration and improvement of mine geological environment. The person with the mining right shall deposit the guarantee for restoration and improvement of mine geological environment when applying for the mining license.
For the person with the mining right who works to restore and improve the mine geological environment, where, after the inspection for acceptance, his work has met the specified target, the guarantee fund for mine environment restoration and improvement shall be returned, and the guarantee fund can be returned at stages with certain percentages where the improvement work is done concurrently with the mining process; where he refuses to restore and improve the environment, the guarantee fund will not be returned; the people's government shall use the guarantee fund to organize the mine geological environment restoration and improvement work and the person with the mining right shall bear the part of the restoration and improvement cost in excess of the guarantee fund.
The criteria for payment of the guarantee fund for mine environment restoration and improvement shall be determined in adherence to the principle that it shall not be lower than the restoration and improvement cost and with consideration of factors such as the mine areas, the mining methods and the impact the mining on the ecological environment. The specific payment criteria for the mine environment restoration and improvement guarantee fund and the measure on administration of the fund shall be formulated by the provincial people's government.
Article 19 Where the mining causes danger which may lead to a geological disaster or has caused a geological disaster, the person with the mining right shall stop mining operation immediately, take effective measures to prevent the spread of the danger or disaster, and report to the competent land and resources department of the place where the mine locates.
Article 20 Where the responsible person can be identified for geological environment restoration and improvement of an abandoned mine before the enforcement of these Regulations, the competent land and resources department of the place where the mine locates shall urge him to restore and improve the environment according to law; where the responsible person cannot be identified, the people's government at county level of the place where the mine locates shall organize the restoration and improvement, and the fund needed shall be arranged by the people's government of the province, a city divided into districts or a county (city, district).
The local people's government at or above the county level shall take measures to encourage units and individuals to restore and improve the geological environment of abandoned mines.
Chapter IV Mountain Resources Protection
Article 21 The mountain resources shall be protected with strictness. The development and exploitation of mountain and hill resources may not cause geological and geomorphic damages and ruin the ecological environment.
Article 22 Mountains and hills in the following areas shall be demarcated as special protection zones for mountain resources:
(1) the planned construction land in the town where the people's government of a city or county locates;
(2) natural reserve, scenic and historic sites, key protection areas for prevention of land and soil loss, geological relic protection areas and geological parks;
(3) protection zones of important facilities such as ports, airports, and military facilities;
(4) the area from major transportation trunk lines such as rail ways, highways, national roads and provincial roads and important traveling lines to the visible places at both sides or the area of 1000 meters in straight-line distance from the outside rim of the slope foot of the road embankments at both sides of the line;
(5) the area from banks of major rivers within the territory of this Province such as the Yangtz River, the Huai River, the Great Canal, and the Taihu Lake, lake strandlines, coastal lines and reservoirs and dams to the first layer of natural-formed mountain ridges at both sides;
(6) other areas as provided by laws, regulations and the provincial people's government.
The people's government of a city divided into districts shall demarcate the special protection zones for mountain resources according to the provisions in the preceding paragraphs, and report it to the provincial people's government for approval.
Article 23 The following activities are forbidden in the special protection zones for mountain resources:
(1) stone quarrying;
(2) mining in the open air and earth borrowing for projects;
(3) setting up yards for piling up solid waste;
(4) building new cemeteries or expanding cemeteries;
(5) other activities which will cause geological and geomorphic damages to the mountains as forbidden by laws and regulations.
Where stone quarrying, mining in the open air, earth borrowing for projects have been conducted and yards have been set up for piling up solid waste in the special mountain resources protection zones, the operation shall be ordered to stop and improvement be made within a prescribed period of time.
Where it is really necessary to conduct operations as listed in sub-paragraph (2), (3) and (4) of the first paragraph of this Article within the special protection zones for mountain resources, the approval from the provincial people's government shall be obtained with exception of those which, according to the relevant law and regulations, shall not be approved or those which shall be approved by the relevant departments of the States.
Article 24 Restrictions shall be imposed on stone-quarrying in mountains and hills outside the special protection zones for mountain resources according to the mine resources planning.
Article 25 Where it is really necessary to cut mountains and slopes for communications or water conservation projects, or to borrow earth to reinforcement reservoirs located within special protection zones for mountain resources to eliminate danger, the construction unit shall conduct reparation or improvement on the damaged mountains before the project is completed.
Chapter V Geological Relic Protection
Article 26 The following geological relics shall be protected:
(1) various typical geological sections, geological structural sections, structural traces, fossils and their distribution areas with important values for scientific research;
(2) geological and geomorphic scenes with important values or scientific research and ornamental values;
(3) rocks, minerals, precious stones and jades with special values for scientific research and ornamental values and the typical places of origin of them;
(4) typical geological disaster relics with values for scientific research;
(5) other geological relics which need to be protected as provided by laws and regulations.
Article 27 Geological relic protection zones shall be established for typical geological relics; geological parks can be established for geological relics with ornamental value and value for science education. The relevant provisions of the State or the Province shall be implemented for the establishment, construction and management of the geological relic protection zones and geological parks.
Article 28 Any unit or individual who discovers fossils in the production or construction process shall preserve the site and report to the land and resources department of the locality in a timely manner.
The land and resources department shall, upon receiving the report, notify the local security organ to come to assist in the preserving of the site, organize experts to conduct appraisal on the fossils discovered, and bring forth its opinions on dealing with it according to the relevant provisions of the State and the appraisal results.
Article 29 The activities in the geological relic protection zones such as sight-seeing, traveling, scientific research, teaching practices and collection of specimens and fossils shall be conducted in compliance with the relevant provisions of the State.
Article 30 Buildings and structures irrelevant to the protection of geological relic protection shall not be constructed in the geological relic protection zones. The structures which have been constructed and may cause pollution or damage to the geological relics shall be ordered by the local people's government at or above the county level to be improved or moved within a prescribed period of time.
Chapter VI Prevention and Control of Geological Disasters
Article 31 The national land and resources department of the local people's government at or above the county level shall formulate the geological disaster prevention and control planning and annual geological disaster prevention and control plan for its administrative region, report them to the people's government at the corresponding level for approval, promulgation and implementation, and report to the competent national land and resources department at the next higher level for record.
Article 32 In areas and sections where auspices for geological disasters have appeared and casualties and major property loss are liable to occur, the people's government at the county level shall delimit them as hazardous areas for geological disasters in a timely manner, publicize the information, and set up conspicuous warning signs at the boundaries of the hazardous areas for geological disasters.
It is forbidden to conduct explosion, slope cutting, project construction, ground water mining and any other activities which may cause geological disasters in the hazardous areas for geological disasters.
Article 33 In areas where ground subsidence and collapsible soil settlement is liable to occur as specified in the geological disaster prevention and control planning, the provincial competent administrative department on water conservation shall, in conjunction with the competent administrative departments of land and resources department and construction, delimit, according to law, areas where ground water mining is forbidden or restricted. Aggregate amount control shall be implemented for ground water mining in the restricted-mining area. The total mining quantity shall not exceed the total mining quantity allowable. The mining quantity allowable shall be determined by the provincial competent administrative department of water conservation in conjunction with the provincial competent land and resources department with consideration of the factors such as ground water mining status, level changes of ground water, ground subsidence and other geological disasters and substitution of surface water resources.
Article 34 Anyone who exploits mineral resources shall entrust a unit with corresponding qualification to commit appraisal on the danger of geological disasters. If the appraisal on the danger of geological disasters is not committed, then the competent land and resources department of the local people's government at or above the county level shall not approve the application for the mining right.
Article 35 Anyone who is going to launch project construction is an area where geological disaster is liable to occur shall entrust a unit with corresponding qualification to commit appraisal on the danger of geological disasters. Where the appraisal result on the danger of geological disasters is not incorporated in the feasibility study report, the project application report and the application documents for record of projects, then the competent investment department shall not examine, approve, verify and record the project, and the competent land and resources department shall not handle its application for land use.
When formulating the general planning for a city or town or the planning for a township or village in an area where geological disaster is liable to occur, the appraisal on the danger of the geological disasters shall be committed in the planning zone.
Article 36 For a construction project which is considered liable to induce geological disaster or suffer from the damage of geological disaster as considered in the appraisal on the danger of the geological disaster, a project for control of the geological disaster shall be constructed as its auxiliary project. The design, construction and acceptance of the project for geological disaster control shall be conducted simultaneously with the design, construction and acceptance of the main project. The construction unit shall take prevention and control measures in the construction process to prevent the occurrence of the geological disasters.
Article 37 The competent land and resources department and the competent meteorological department of the local people's government at or above the county level shall issue geological disaster forecast and precaution in a timely manner according to the geological disaster monitoring data and meteorological forecast information. News media such as broadcasting station, TV station and newspapers and information transmission units such internet websites shall correctly transmit the geological disaster forecast and precaution information in a timely manner.
No units or individuals shall issue geological disaster forecast or precaution without authorization.
Article 38 The competent national land and resources department of the local people's government at or above the county level shall be responsible to formulate the contingency plan for the emergent geological disasters for its administrative region, and report it to the people's government at the corresponding level for approval and promulgation.
When the geological disaster occurs or there is danger for geological disaster, the local people's government at or above the county level shall launch and organize the implementation of the contingency plan for the emergent geological disaster, prevent the expansion of the disaster or the danger, and report to the people's government at the higher level according to the provisions.
Article 39 Where there is a geological disaster induced by natural reasons, the control of the disaster shall be organized according to the following provisions:
(1) the competent land and resources department of the Province shall organize the control work in conjunction with the people's government of the city divided into districts where the disaster takes place in case of a large scale geological disaster;
(2) the competent land and resources department of the city divided into districts shall organize the control work in conjunction with the people's government of the county (city, district) where the disaster takes place in case of a medium scale geological disaster;
(3) the competent land and resources department of the county (city) where the disaster takes place shall organize the control work or the competent national land and resources department of the city divided into districts shall organize the control work in conjunction with the people's government of the district where the disaster takes place in case of a small scale geological disaster.
The fund needed in the control of geological disasters induced by natural reasons shall be incorporated into the fiscal budget according to the provisions of the State.
For geological disasters induced by human activities such as project construction or mining operation, the responsible unit shall bear the responsibility to control within a prescribed period of time.
Chapter VII Legal Liabilities
Article 40 The staff member of the local people's government at or above the county level or its competent land and resources department or other relevant departments who commits any one of the following acts shall be given administrative sanctions according to law; where a crime is constituted, the criminal liabilities shall be investigated for:
(1) not examining and approving according to law the matters that need to be examined and approved;
(2) not investigating into and dealing with the legal acts which damage the geological environment when such acts are found out;
(3) not organizing countermeasures against geological disasters induced by natural reasons according to the provisions;
(4) embezzling, misappropriating or intercepting funds for improving abandoned mines, funds for controlling geological disasters, and the guarantee funds for restoration and improvement of mine environment;
(5) other acts such as abusing powers, neglecting duties or engaging in malpractices for personal gains.
Article 41 Any unit or individual who, in violation of the provisions in the second paragraph of Article 11 of these Regulations, occupies, damages or moves illegally the geological environment monitoring and protection facilities and signs shall be ordered by the competent land and resources department of the local people's government at or above the county level to stop the illegal acts, and to restore the original state or take remedy measures within a prescribed period of time, and a fine of not less than RMB 500 yuan but not more than RMB 2,000 yuan may be imposed on the individual and not less than RMB 5,000 yuan but not more than 20,000 yuan on the unit.
Article 42 Anyone who, in violation of the provisions in the first paragraph of Article 12 of these Regulations, fails to , report the monitoring data truthfully in a timely manner shall be ordered by the competent land and resources department of the local people's government at or above the county level to make rectification within a prescribed period of time; where he fails to make the rectification at the expiration of the time limit, a fine of not less than RMB1,000 yuan but not more than 5,000 yuan shall be imposed.
Article 43 Anyone who, in violation of the provisions in Article 17 of these Regulations, fails to perform his duties on restoration and improvement of mine geological environment shall be ordered by the competent land and resources department of the local people's government at or above the county level to make rectification within a prescribed period of time, and a fine of not less than RMB 20,000 yuan but not more than RMB 100,000 yuan shall be imposed; where the case is serious, the mining permit shall be revoked.
Article 44 Anyone who, in violation of the provisions in Article 23 of these Regulations, commits any one of the following acts shall be shall be ordered by the competent land and resources department of the local people's government at or above the county level to stop the illegal acts immediately, his illegal gains shall be confiscated and a fine shall be imposed on him according to the following provisions:
(1) a fine of not less than 10% but not more than 50% of the illegal gains shall be imposed for stone-quarrying or mining in the open air; where the illegal gains cannot be counted or there is no illegal gains, a fine of not less than RMB50,000 yuan but not more than RMB200,000 yuan shall be imposed;
(2) a fine of not less than RMB20,000 yuan but not more than RMB100,000 yuan shall be imposed for earth-borrowing for project use or setting up yards for piling up solid waste;
(3) a fine of not less than RMB1,000 yuan but not more than RMB5,000 yuan shall be imposed on an individual or not less than RMB20,000 yuan but not more than RMB100,000 yuan on a unit for building new graves or expanding graves.
Article 45 Any construction unit which in violation of the provisions in Article 25 of these Regulations, fails to make improvement on the damaged mountains shall be ordered by the land and resources department of the local people's government at or above the county to make rectification within a prescribed period of time; where he fails to make the rectification at the expiration of the time limit, a fine of not less than RMB50,000 yuan but not more than RMB200,000 yuan shall be imposed. The competent land and resources department shall make improvement on the damaged mountain in its stead, but the construction unit shall be responsible to bear the cost thus incurred.
Article 46 For acts in violation of the provisions of these Regulations, where laws and regulations have provided for their penalties, those provisions shall be implemented for the penalties.
Chapter VIII Supplementary Provisions
Article 47 These Regulations shall enter into effect as of March 1, 2009.