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Chapter I General Provisions
Chapter II Planning and Prevention of Geological Hazards
Chapter III Prevention of Geological Hazards
Chapter IV Emergency Response to Geological Disasters
Chapter V Geological Disaster Management
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 These Regulations are formulated for the purpose of preventing and controlling geological disasters, avoiding and mitigating losses caused by geological disasters, safeguarding people's lives and property, and promoting sustainable economic and social development.
Article 2 The geological disasters referred to in these Regulations include natural factors or disasters caused by human activities, such as mountain collapses, landslides, mudslides, ground collapses, ground fissures, and ground subsidences that are harmful to people's lives and property.
Article 3 The prevention and control of geological disasters shall adhere to the principle of combining prevention, avoidance and governance, comprehensive planning, and highlighting key points.
Article 4 Geological disasters are divided into four levels according to the size of casualties and economic losses:
(1) Extra large: more than 30 people died due to disasters or direct economic losses of more than 10 million yuan;
(2) Large-scale: 10 or more people or less due to disasters, or direct economic losses of less than 5 million yuan and 10 million yuan;
(3) Medium-sized: 3 or more people or less than 10 persons due to disasters or direct economic losses of less than 1 million yuan and less than 5 million yuan;
(4) Small: 3 people or less due to disaster or direct economic loss of less than 1 million yuan.
Article 5 The prevention and control of geological disasters shall be incorporated into the national economic and social development plan.
The funds for the prevention and control of geological disasters caused by natural factors are included in the central and local budgets of the relevant people's governments on the basis of the division of central and local powers and financial power. The specific measures shall be formulated by the financial department of the State Council in conjunction with the competent department of land and resources of the State Council.
The cost of geological disasters caused by man-made activities such as engineering construction shall be borne by the responsible unit according to the principle of who initiated and who governs.
Article 6 The people's governments at or above the county level shall strengthen their leadership over the prevention and control of geological disasters, and organize relevant departments to take measures to prevent and control geological disasters.
The people's governments at or above the county level shall organize relevant departments to carry out propaganda and education on geological disaster prevention and control knowledge, and enhance the public's awareness of geological disaster prevention and control and self-rescue and mutual rescue capabilities.
Article 7 The competent department of land and resources of the State Council shall be responsible for the organization, coordination, guidance and supervision of the prevention and control of geological disasters throughout the country. Other relevant departments of the State Council shall be responsible for the prevention and control of relevant geological disasters in accordance with their respective duties.
The competent departments of land and resources of local people's governments at or above the county level shall be responsible for the organization, coordination, guidance and supervision of geological disaster prevention and control within their respective administrative regions. Other relevant departments of the local people's governments at or above the county level shall be responsible for the prevention and control of relevant geological disasters in accordance with their respective duties.
Article 8 The State encourages and supports scientific and technological research on geological disaster prevention and control, promotes advanced geological disaster prevention and control technologies, and popularizes scientific knowledge on prevention and control of geological disasters.
Article 9 Any unit or individual has the right to report and sue for illegal acts in the prevention and control of geological disasters.
Units and individuals that have made outstanding contributions to the prevention and control of geological disasters shall be rewarded by the people's government.
Chapter II Planning and Prevention of Geological Hazards
Article 10 The State implements a geological disaster investigation system.
Department in charge of land and resources under the State Council building, water conservancy, railway, transportation and other sectors combined with the geological environment organizations survey of geological disasters in the country.
The competent departments of land and resources of the local people's governments at or above the county level shall, in conjunction with the construction, water conservancy and transportation departments at the same level, organize the geological disaster investigations in their respective administrative areas in light of the geological environment.
Article 11 The competent department of land and resources of the State Council, in conjunction with the State Council's construction, water conservancy, railway, and transportation departments, shall prepare a national geological disaster prevention and control plan based on the results of the national geological disaster investigation, and report to the State Council for approval after the expert's argument.
The competent departments of land and resources of the local people's government at or above the county level shall, in conjunction with the construction, water conservancy and transportation departments at the same level, prepare the geological disaster prevention and control plan for the administrative region according to the geological disaster investigation results of the administrative region and the geological disaster prevention and control plan of the upper level. After the expert argumentation, it shall be reported to the people's government at the same level for approval and published, and reported to the competent department of land and resources of the people's government at the next higher level for the record.
The revision of the geological disaster prevention and control plan shall be reported to the original approval authority for approval.
Article 12 The geological disaster prevention and control plan includes the following contents:
(1) Forecast of the status quo and development trend of geological disasters;
(2) Principles and objectives for prevention and control of geological disasters;
(3) Geological disaster-prone areas and key prevention and control areas;
(4) Geological disaster prevention and control projects;
(5) Measures for prevention and control of geological disasters.
The people's governments at or above the county level shall regard the infrastructure of urban, population-concentrated residential areas, scenic spots, large and medium-sized industrial and mining enterprises, transportation trunks, and key water conservancy and electric power projects as the key points for protection in key geological disaster prevention and control areas.
Article 13 The preparation and implementation of the overall land use planning, mineral resources planning, and planning of major construction projects such as water conservancy, railways, transportation, and energy shall fully consider the requirements for geological disaster prevention and control, and avoid and mitigate the losses caused by geological disasters.
The preparation of urban master plans, villages and town planning should include geological disaster prevention planning as an integral part.
Chapter III Prevention of Geological Hazards
Article 14 The State establishes a geological disaster monitoring network and an early warning information system.
The competent departments of land and resources of the people's governments at or above the county level shall, in conjunction with the construction, water conservancy and transportation departments, strengthen the dynamic monitoring of geological disasters.
If the construction of the project may cause geological disasters, the construction unit shall strengthen the monitoring of geological disasters.
Article 15 The counties, townships and villages in the geological disaster-prone areas shall strengthen the group survey and prevention work of geological disasters. During the period of major prevention of geological disasters, the township people's government and grassroots self-governing organizations shall strengthen the inspection of geological disasters and find out the dangers in a timely manner.
The state encourages units and individuals to provide precursor information on geological disasters.
Article 16 The State protects geological disaster monitoring facilities. No unit or individual may invade, damage or damage geological disaster monitoring facilities.
Article 17 The State implements a geological disaster prediction system. The forecast content mainly includes the time, location, scope of disaster and degree of impact of geological disasters.
The geological hazard forecast shall be issued by the competent department of land and resources of the people's government at or above the county level in conjunction with the competent meteorological authority.
No unit or individual may publish geological hazard forecasts to the public without authorization.
Article 18 The competent departments of land and resources of local people's governments at or above the county level shall, in conjunction with the construction, water conservancy and transportation departments at the same level, formulate an annual geological disaster prevention and control plan according to the geological disaster prevention and control plan, and report it to the people's government at the same level for approval.
The annual geological disaster prevention and control plan includes the following contents:
(1) Distribution of major disaster points;
(2) The target and scope of the threat of geological disasters;
(3) The key prevention period;
(4) Measures for prevention and control of geological disasters;
(5) Persons responsible for monitoring and preventing geological disasters.
Article 19 For districts and sections where geological disasters occur, may cause casualties or major property losses, the county-level people's government shall promptly designate them as geological disaster danger zones, make announcements, and set clear boundaries at geological disaster danger zones. Warning sign.
In areas with geological hazards, blasting, cutting, construction, and other activities that may cause geological disasters are prohibited.
The people's governments at or above the county level shall organize relevant departments to take timely project management or relocation and avoidance measures to ensure the safety of residents' lives and property in the geological disaster danger zone.
Article 20 If the geological disaster has been eliminated or effectively controlled, the county-level people's government shall promptly revoke the originally designated geological disaster danger zone and make an announcement.
Article 21 The construction of a geological disaster-prone area shall carry out a geological hazard risk assessment in the feasibility study stage, and the evaluation results shall be included as part of the feasibility study report; the feasibility study report does not include the geological hazard risk. If the results of the sexual assessment are not approved, the feasibility study report shall not be approved.
When preparing urban master plans, villages and town planning in geological disaster-prone areas, the planning area should be assessed for geological hazard risk.
Article 22 The State implements a qualification management system for units engaged in the assessment of the risk of geological disasters. The geological hazard risk assessment unit shall meet the following conditions. After passing the qualification examination of the competent land and resources department of the people's government at or above the provincial level, and obtaining the corresponding level of qualification certificate issued by the competent land and resources department, it can engage in geology within the scope permitted by the qualification level. Disaster risk assessment business:
(1) having independent legal personality;
(2) There are a certain number of technical personnel in engineering geology, environmental geology and geotechnical engineering;
(3) There are corresponding technical equipment.
When assessing the geological hazard risk assessment unit, it shall evaluate the possibility of the geological hazard of the construction project and the possibility of causing geological disasters during and after the construction of the project, and propose specific preventive measures and evaluate the results. Be responsible for.
Article 23 The geological disaster risk assessment unit is prohibited from exceeding the scope of its qualification level or undertaking the geological disaster risk assessment business in the name of other geological disaster risk assessment units.
The Geological Hazard Assessment Unit is prohibited from allowing other units to undertake geological hazard risk assessment services in the name of their own units.
It is forbidden for any unit or individual to forge, alter or trade the geological disaster risk assessment qualification certificate.
Article 24 A construction project that is considered to be likely to cause geological disasters or may be endangered by geological disasters shall be supported by a geological disaster control project. The design, construction and acceptance of the geological disaster control project shall be carried out simultaneously with the design, construction and acceptance of the main project.
If the supporting geological disaster control project is not experienced or the experience is not acceptable, the main project shall not be put into production or use.
Chapter IV Emergency Response to Geological Disasters
Article 25 The competent department of land and resources of the State Council, in conjunction with the State Council's construction, water conservancy, railway, and transportation departments, shall formulate a national emergency response plan for sudden geological disasters and report it to the State Council for approval.
The competent departments of land and resources of the local people's governments at or above the county level shall, in conjunction with the construction, water conservancy and transportation departments at the same level, formulate emergency plans for sudden geological disasters in their respective administrative areas, and report them to the people's government at the same level for approval.
Article 26 The emergency plan for sudden geological disasters includes the following contents:
(1) The division of responsibilities between the emergency agencies and relevant departments;
(B) the organization of rescue personnel and emergency, rescue equipment, funds, preparation of materials;
(3) Preparation and analysis of the level and impact of geological disasters;
(4) Geological disaster investigation, reporting and handling procedures;
(5) Early warning signals and emergency communication guarantees in the event of geological disasters;
(6) Emergency action plans for personnel property evacuation, transfer route, medical treatment, disease control, etc.
Article 27 When a large-scale or large-scale geological disaster occurs, the relevant people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish a geological disaster rescue and disaster relief command organization. When necessary, the State Council may establish a geological disaster rescue and disaster relief command organization.
When other geological disasters occur or geological disasters occur, the relevant municipal and county people's governments may set up geological disaster rescue and disaster relief command agencies according to the needs of geological disasters for disaster relief work.
The geological disaster rescue and disaster relief command organization is under the leadership of the government and the relevant departments. Under the leadership of the people's government at the same level, it uniformly supervises and organizes the disaster relief work for geological disasters.
Article 28 Units and individuals that discover geological disasters or disasters shall immediately report to the local people's government or the competent land and resources department. If other departments or grassroots self-governing organizations receive reports, they shall immediately report them to the local people's government.
After receiving the report, the local people's government or the competent department of land and resources of the county-level people's government shall immediately send people to the scene to conduct on-the-spot investigations and take effective measures to prevent disasters from occurring or to expand the disaster situation, and in accordance with the State Council's land and resources authorities on geological disasters. The provisions of the grading report shall be reported to the higher level people's government and the competent land and resources department.
Article 29: Local people's governments and grassroots self-governing organizations that receive geological disaster risk reports shall promptly mobilize residents and other personnel threatened by geological disasters to transfer to safe areas according to actual conditions; in case of emergency, they may forcibly organize disaster avoidance evacuation.
Article 30 After the occurrence of a geological disaster, the people's government at or above the county level shall initiate and organize the implementation of the corresponding emergency plan for sudden geological disasters. The relevant local people's government shall promptly report the disaster situation and its development trend to the higher-level people's government.
It is forbidden to conceal, lie or insult others to conceal and falsely report geological disasters.
Article 31 The relevant departments of the people's government at or above the county level shall, in accordance with the division of labor of emergency plans for sudden geological disasters, do a corresponding emergency work.
The competent departments of land and resources shall, in conjunction with the construction, water conservancy and transportation departments at the same level, as soon as possible identify the causes and impacts of geological disasters, and propose emergency management measures to mitigate and control the geological disasters.
The civil affairs, health, food and drug supervision and administration, commerce, and public security departments shall promptly set up shelters and relief supplies, properly arrange the lives of the victims, and do a good job in medical rescue, sanitation and epidemic prevention, drug supply, and public security; the competent meteorological agency shall do Good weather service guarantee work; communications, aviation, railway, and transportation departments should ensure the smooth communication of geological disasters and the transportation of disaster relief materials, equipment, drugs, and food.
Article 32 According to the needs of emergency treatment of geological disasters, the people's governments at or above the county level shall urgently mobilize personnel, call materials, means of transport and related facilities and equipment; if necessary, they may adopt traffic control within the scope of disaster relief areas as needed. And other measures.
Due to the need for disaster relief, the materials, facilities and equipment of the units and individuals shall be temporarily called or the houses or land occupied by them shall be returned in time; if they cannot be returned or cause losses, corresponding compensation shall be given.
Article 33 Local people's governments at or above the county level shall make overall plans for the reconstruction of the affected areas in accordance with the geological disasters and the needs of geological disasters.
Chapter V Geological Disaster Management
Article 34 If a large-scale geological disaster caused by natural factors is indeed required to be rectified, the competent department of land and resources of the State Council shall organize the administration of the people's government of the province, autonomous region or municipality directly under the Central Government where the disaster occurred.
Other geological disasters caused by natural factors need to be governed. Under the leadership of the local people's government at or above the county level, the competent departments of land and resources of the people's government at the same level shall organize the administration.
If the geological disasters across administrative areas are caused by natural factors and need to be governed, the local land resources administrative departments of the local people's governments across the administrative areas shall jointly organize the governance.
Article 35 The responsible unit shall assume the responsibility for governance due to geological disasters caused by human activities such as engineering construction.
The responsible unit shall be responsible for organizing experts to analyze and demonstrate the causes of geological disasters after the county-level and above people's governments at the county level or above are responsible for the analysis and demonstration.
If there is any objection to the result of the determination of the responsibility for the geological disaster, it may apply for administrative reconsideration or file an administrative lawsuit according to law.
Article 36 The determination of geological disasters control projects shall be compatible with the causes, scale and extent of damage to the lives and property of the people.
The units undertaking the exploration, design, construction and supervision of special geological disaster control projects shall meet the following conditions. After passing the qualification examination of the competent department of land and resources of the people's government at or above the provincial level, they shall obtain the corresponding level of qualification certificates issued by the competent department of land and resources. The exploration, design, construction and supervision activities of the geological disaster control project can be carried out within the scope permitted by the qualification level, and the corresponding responsibilities are assumed:
(1) having independent legal personality;
(2) There are a certain number of technical personnel in the corresponding fields such as hydrogeology, environmental geology, engineering geology;
(3) having corresponding technical equipment;
(4) There is a sound project quality management system.
The exploration, design, construction and supervision of geological disaster control projects shall comply with relevant national standards and technical specifications.
Article 37 The geological disaster control engineering exploration, design, construction and supervision units are prohibited from exceeding the scope of their qualification level or undertaking the geological disaster control engineering exploration and design in the name of other geological disaster control engineering exploration, design, construction and supervision units. Construction and supervision business.
Geological disaster prevention engineering exploration, design, construction and supervision units are allowed to allow other units to undertake geological disaster management engineering exploration, design, construction and supervision business in the name of their own units.
It is forbidden for any unit or individual to forge, alter or trade the geological disaster management engineering exploration, design, construction and supervision qualification certificates.
Article 38 After the completion of the geological disaster control project invested by the government, the competent department of land and resources of the people's government at or above the county level shall organize the completion and acceptance. After the completion of other geological disaster control projects, the responsible unit shall organize the completion and acceptance; when the completion acceptance is completed, the competent department of land and resources shall participate.
Article 39 After the completion of the geological disaster control project invested by the government, the unit designated by the competent department of land and resources of the people's government at or above the county level shall be responsible for the management and maintenance; after the completion of the geological disaster control project is completed, the project shall be responsible for The responsible unit is responsible for management and maintenance.
No unit or individual may invade, damage or damage geological disasters to control engineering facilities.
Chapter VI Legal Liability
Article 40 In case of violation of the provisions of these Regulations, the local people's government at the county level or above, the competent land and resources department, and other relevant departments shall have one of the following acts, and the directly responsible person in charge and other directly responsible personnel shall be given a downgrade or dismissal according to law. Administrative sanctions; if a geological disaster causes casualties or major property losses, administrative sanctions shall be granted according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:
(1) failing to prepare emergency plans for sudden geological disasters in accordance with regulations, or failing to take relevant measures and fulfilling relevant obligations in accordance with the requirements of emergency plans for sudden geological disasters;
(2) failing to carry out geological hazard risk assessment of the planned area when planning the urban master plan, village and town planning in the geological disaster-prone area;
(3) Approving a feasibility study report that does not include the results of the geological disaster risk assessment;
(4) concealing, misrepresenting or instructing others to conceal, falsely report geological disasters, or publish geological hazard forecasts without authorization;
(5) Issue geological disaster risk assessment qualification certificates or geological disaster control engineering exploration, design, construction and supervision qualification certificates to units that do not meet the requirements;
(6) There are other misconducts in the prevention and control of geological disasters.
Article 41 Anyone who violates the provisions of these Regulations and has one of the following acts shall be ordered by the competent department of land and resources of the local people's government at or above the county level to make corrections within a time limit; if it fails to make corrections within the time limit, it shall be ordered to stop production, construction or use. A fine of not more than 500,000 yuan per yuan; if it constitutes a crime, criminal responsibility shall be investigated according to law:
(1) failing to assess the risk of geological disasters in the construction projects in the geological disaster-prone areas;
(2) The supporting geological disaster control project has not been accepted or the experience has been accepted, and the main project is put into production or use.
Article 42 If, in violation of the provisions of these Regulations, the geological disasters caused by human activities such as construction projects are not treated, the competent department of land and resources of the people's government at or above the county level shall order the rectification within a time limit; if the overdue non-governance or governance does not meet the requirements, The competent department of land and resources shall be ordered to organize the governance within a time limit, and the expenses shall be borne by the responsible unit, and a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed; if losses are caused to others, the liability shall be compensated according to law.
Article 43 In case of violation of the provisions of these Regulations, in the geological disaster danger zone, blasting, cutting slopes, carrying out engineering construction and engaging in other activities that may cause geological disasters 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 activities. If the unit is fined between 50,000 yuan and 200,000 yuan, the individual shall be fined between 10,000 yuan and 50,000 yuan; if it constitutes a crime, criminal responsibility shall be investigated according to law; if losses are caused to others, the liability shall be borne according to law.
Article 44 Whoever violates the provisions of these Regulations and has one of the following acts shall be ordered by the competent department of land and resources of the people's government at or above the county level or other departments to stop the illegal acts according to their duties, and the geological disaster risk assessment unit and the geological disaster control project shall be investigated. , the design or supervision unit's contractual assessment fee, exploration fee, design fee or supervision fee is more than 1 time and 2 times fine, and the construction cost of the geological disaster control project construction unit is fined 2% or more and 4% or less, and can Order to suspend business for rectification and reduce the level of qualification; if there is illegal income, confiscate the illegal income; if the circumstances are serious, the qualification certificate shall be revoked; if the crime is constituted, criminal responsibility shall be investigated according to law; if losses are caused to others, the liability shall be borne according to law:
(1) falsifying or deliberately concealing the true situation of geological disasters in the assessment of geological hazard risk;
(2) Falsifying and reducing the quality of the project in the exploration, design, construction and supervision activities of geological disaster control engineering;
(3) undertaking a geological disaster risk assessment, geological disaster control engineering exploration, design, construction and supervision business without a qualification certificate or beyond the scope of its qualification level permit;
(4) In the name of other units or allowing other units to undertake geological disaster risk assessment, geological disaster control engineering exploration, design, construction and supervision business in the name of their own units.
Article 45 Whoever violates the provisions of these Regulations for the forgery, alteration or sale of geological disaster risk assessment qualification certificates, geological disaster control engineering exploration, design, construction and supervision qualification certificates shall be collected by the competent land and resources department of the people's government at or above the provincial level. Or revoke its qualification certificate, confiscate the illegal income, and impose a fine of not less than 50,000 yuan but less than 100,000 yuan; if it constitutes a crime, it shall be investigated for criminal responsibility according to law.
Article 46 Whoever violates the provisions of these Regulations, invades, damages or damages geological disaster monitoring facilities or geological disasters control engineering facilities shall be ordered by the competent department of land and resources of the local people's government at or above the county level to stop the illegal acts, restore the original condition within a time limit or take remedial measures. A fine of not more than 50,000 yuan may be imposed; if a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 47 Geological data formed in the prevention and control of geological disasters shall be submitted in accordance with the provisions of the Regulations on the Management of Geological Data.
Article 48 The prevention and mitigation of earthquake disasters shall be carried out in accordance with the laws and administrative regulations of earthquake prevention and disaster reduction.
Flood control laws and administrative regulations have provisions on the prevention and control of collapses, landslides, and debris flows caused by floods.
Article 49 These Regulations shall come into force on March 1, 2004.
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