Water law stipulates sand mining in rivers

Let "illegal sand mining" lose the living soil 2013 May 3 1 Explore the long-term management mechanism of river sand mining. On the one hand, it is necessary to crack down on and standardize the illegal activities of river sand mining, on the other hand, it is necessary to consider the actual needs of scientific development. Therefore, anding district Water Affairs Bureau formulated anding district 2008 on the basis of People's Republic of China (PRC) Water Law, Land Management Law of the People's Republic of China, People's Republic of China (PRC) Forest Law, People's Republic of China (PRC) Flood Control Law and People's Republic of China (PRC) River Management Regulations, combined with the actual situation in this area. The person in charge of the bureau told this reporter that this centralized clean-up and rectification action will correctly handle the relationship between effective protection and rational development and utilization, adhere to the principle of unity of national interests, collective interests and individual interests, and put forward the requirement of "who sets obstacles, who contributes, who removes them", and concentrate time and personnel on thorough clean-up, completely solve the outstanding problems in river sand mining, curb the waste and destruction in river sand resources exploitation, and realize the leap-forward development and social harmony in the whole region. "This centralized rectification campaign in the whole region will resolutely leave no dead ends," said the person in charge. The reporter learned that from May, 2065438 to the end of July, 20, 2065438, anding district will comprehensively clean up and rectify all sand mining households, sand mining sites and sites in the whole region in four stages, so as to effectively curb unlicensed mining, multiple sites with one license and illegal sand mining, and provide general education to river sand mining enterprises (self-employed). Explore the establishment of a long-term mechanism for river sand mining management to ensure the safety, standardization, stability and order of river sand mining. The first stage: publicity and mobilization stage (May1May-May 20th). Convene a working conference on centralized river cleaning and regulation in the whole region, set up a leading group and a joint law enforcement group to study and deploy cleaning and regulation work plans and measures. Relevant township governments and relevant departments should organize personnel, make full use of various propaganda means, and publicize the purpose, significance and relevant laws and regulations of rectification actions to all sand miners within their jurisdiction. The second stage: investigation stage (May 21-May 25). On the basis of extensive publicity and mobilization, led by the District Water Affairs Bureau, with the cooperation of the Anding Branch of the Municipal Bureau of Land and Resources, the District Forestry Bureau and other relevant township governments, we will conduct a comprehensive survey of sand mining households within our jurisdiction, grasp the details of sand mining in various rivers, classify and file relevant information, make records, find out the base and grasp the facts. The third stage: clean-up and rectification stage (May 26th-June 25th). Led by the District Water Affairs Bureau, with the cooperation of the District Safety Supervision Bureau, the District Public Security Bureau, the Anding Branch of the Municipal Bureau of Land and Resources, the District Forestry Bureau, the District Power Supply Company and other relevant township governments, urge all illegal sand mining households to complete the backfilling treatment of sand pits and withdraw sand mining equipment before June 10; The district power supply company shall take power-off measures for all unlicensed sand miners and take power-off measures for certified illegal sand miners until they complete the rectification task; The district court shall take compulsory measures such as evidence registration and preservation measures, withholding illegal sand mining equipment and sealing up illegal income for sand miners who have repeatedly been banned in the forbidden mining area according to law; District water affairs, land, forestry and other departments should focus on their respective functions and impose administrative penalties on illegal sand mining within their functions and powers. If the circumstances are serious enough to constitute a crime, they shall be transferred to judicial organs for criminal responsibility according to law; The industrial and commercial department is responsible for revoking the sand mining license for illegal sand mining households that fail to meet the rectification requirements within the time limit. Stage 4: Summary, acceptance, consolidation and promotion stage (June 26th-July 3rd1). An inspection team was formed in this area to go deep into the sand mining sites of various rivers and comprehensively inspect the clean-up and rectification actions. If the problem has not been solved and the illegal act has not been corrected, informed criticism shall be given and ordered to make corrections within a time limit. The District Water Affairs Bureau should study measures, establish a long-term mechanism for regular inspection, promptly urge and solve problems when found, and consolidate and improve the rectification results. Strengthening leadership and administration according to law can be expected. In order to ensure the effectiveness of centralized river sand cleaning and remediation actions, a leading group for centralized river sand cleaning and remediation actions was established in anding district, with the leaders in charge of the district government as the team leader, the main leaders of the district water affairs bureau as the deputy team leader, and relevant units and township leaders as members. All relevant departments and towns should also set up corresponding leading bodies, organize specialized personnel to actively cooperate with the rectification work, and ensure that personnel and measures are in place. It is necessary to take the special rectification action of river violations as the top priority of the current work. Under the unified leadership of the leading group for centralized clean-up and rectification of river sand mining in the whole region, Qi Xin should make concerted efforts to strictly enforce the law to ensure that the clean-up and rectification work is carried out in an orderly manner and achieved practical results. The reporter saw that this rectification action not only clarified the rectification period, but also clarified the division of responsibilities of various functional departments. On the basis of the composition of each member unit, the three working groups of rectification, investigation and standardization are refined. The office of the district party committee and the office of the district government mainly urge relevant departments to carry out centralized rectification actions and coordinate joint law enforcement inspections of relevant departments; The District Water Affairs Bureau is responsible for formulating the implementation plan for centralized river cleaning and remediation, taking the lead in organizing the centralized river cleaning and remediation work, proposing a long-term mechanism for river sand mining management, investigating illegal sand mining without a license, and standardizing the layout of sand yards. Timely summarize and report the achievements and existing problems of phased centralized clean-up and rectification, and be responsible for handling sand mining licenses; Procuratorial organs prevent and investigate duty crimes in the centralized clean-up and rectification of river sand mining; The court is responsible for setting up a circuit court to promptly accept and conclude cases of illegal sand mining in rivers, and promptly investigate and deal with cases of illegal sand mining handed over by relevant functional departments according to law. If the case constitutes a crime, the criminal responsibility of the relevant personnel shall be investigated; The public security organs assist the District Water Affairs Bureau, the Anding Branch of the Municipal Bureau of Land and Resources, the District Forestry Bureau and other departments to carry out centralized river cleaning and rectification actions, investigate and deal with acts that hinder the execution of official duties according to law, and ensure the personal safety of law enforcement personnel; Discipline inspection and supervision departments should strengthen supervision and inspection of centralized river cleaning and rectification actions. Those who fail to perform their duties conscientiously, neglect their duties, engage in malpractices for selfish ends, or even tip off illegal miners and violate the law should be promptly informed criticism. If the circumstances are serious, the responsibility shall be investigated, and those who participate in illegal sand mining or act as umbrellas for illegal sand mining in party member shall be dealt with severely in accordance with the relevant party discipline, political discipline and law and discipline; The safety supervision department shall cooperate with relevant departments to conduct safety production management training and supervision and inspection for sand miners who have applied for sand mining licenses; The Anding Branch of the Municipal Administration for Industry and Commerce is responsible for cleaning up and rectifying sand mining sites in rivers, revoking the licenses of operators who have issued business licenses but have no legal business premises, and confiscating illegal mining and transportation equipment according to law for verified unlicensed sand mining; The Anding Branch of the Municipal Bureau of Land and Resources investigates and deals with illegal sand mining, illegal sale and lease of cultivated land, and urges sand miners to restore cultivated land; Forestry Bureau is responsible for the investigation and punishment of sand mining in forest land along the river, and urges sand miners to restore forest land; The environmental protection department is responsible for the environmental publicity and education of sand miners, and urges the sand field to prepare an environmental impact assessment report; The Judicial Bureau is responsible for the discretionary definition of investigating cases according to law; The power supply company is responsible for the patrol inspection of power lines, and takes power-off measures in time for those who are undocumented, illegal or unauthorized in sand mining; Relevant township governments, in accordance with the principle of hierarchical management and territorial management, actively cooperate with relevant departments to carry out propaganda and centralized cleaning and rectification of river sand excavation, organize personnel to conduct uninterrupted inspections of rivers under their jurisdiction, timely organize local cadres and masses to stop illegal sand excavation and illegal construction, and report to the Office of Centralized Cleaning and Rectification of River Sand Excavation for investigation and punishment according to law. Fifth, we must ensure the effectiveness of the rectification plan. The reporter saw from the notice document of the implementation plan (No.2013) that, first, we should make full use of television, radio, newspapers, slogans, public columns and other forms to vigorously publicize the river sand mining rectification actions and related laws and regulations in this area, expose typical cases, publicize the rectification results, form a correct public opinion orientation, and create a good public opinion atmosphere for centralized rectification work. Second, on the basis of finding out the existing sand mining households (units) in the whole region, units or individuals that are unlicensed or illegally mined will be resolutely banned and shut down; For illegal acts that do not listen to dissuasion, refuse to shut down, and the circumstances are serious, they are listed as key investigation objects, and according to their circumstances, they are submitted to the court for compulsory execution according to law; Those who interfere with or obstruct the clean-up and rectification work shall be severely and quickly investigated and dealt with by the public security organs, and those who constitute a crime shall be investigated for criminal responsibility according to law; Those who illegally sell or lease land should be investigated and dealt with according to law. Third, the relevant departments and towns directly under the district are required to strengthen supervision in accordance with the principles of hierarchical management and territorial management, and strictly regulate sand mining permit procedures and sand mining behaviors in accordance with relevant regulations. Forestry, land and other departments should strengthen law enforcement inspection of illegal acts of destroying cultivated land and forest land; Public security, water affairs and other departments should intensify investigation and punishment, crack down on illegal sand mining, and completely curb indiscriminate mining and digging; Water affairs, environmental protection and other departments shall conduct on-site investigation on the scope of sand mining by sand miners, delimit the boundaries of sand mining in conjunction with relevant towns and villages, and determine the depth and width of sand mining. After the sand mining, it is necessary to supervise and accept the bunker backfilling and site leveling in time. Fourth, all relevant departments and towns are required to clarify their tasks, strictly follow the time limit requirements, and adopt various ways and means to ensure that the rectification work is completed within the prescribed time limit. All relevant departments shall report the progress of rectification to the office of the district leading group for rectification every 2 days, and the office of the leading group shall summarize the rectification situation and existing problems every 5 days and report them to the district leading group for rectification. The fifth is to strengthen supervision and ensure effective results. Led by the District Supervision Bureau, with the cooperation of the district party committee and the district government supervision room, strengthen the supervision of centralized river cleaning and rectification actions, criticize and educate the units and personnel who are ineffective in their work, and regularly report the development of rectification actions to ensure the effectiveness of rectification actions. We can see that the centralized rectification and clean-up of river sand mining in anding district, Dingxi City on 20 13 is an exploratory and beneficial attempt to further standardize the river sand mining behavior, promote the legalization, standardization and scientificity of river sand mining management, effectively protect the flood safety of the river and the interests of the people, and ensure the sustainable utilization of limited sand resources. While severely cracking down on and shocking the illegal sand mining in rivers, it is also an unfair law enforcement act in some places, such as human law enforcement and escrow with punishment.

Legal objectivity:

Regulations of People's Republic of China (PRC) Municipality on River Management

Article 25

The following activities within the scope of river management must be approved by the competent authorities of the river;

Involving other departments, approved by the river authorities in conjunction with the relevant departments:

(a) Disposal of sand, mud, gold, sand or sludge;

(2) Blasting, drilling and digging fish ponds;

(three) storing materials, building factories or other building facilities in the river beach;

(four) the exploitation of underground resources and archaeological excavations in the river beach.

Regulations of People's Republic of China (PRC) Municipality on River Management

Article 18

According to the flood control plan, the land occupied by river dredging, dike reinforcement and river regulation shall be adjusted by the local people's government.

The available land increased due to the construction of reservoirs and river regulation belongs to the state and can be used by people's governments at or above the county level for resettlement and river regulation projects.