Article 1 These Regulations are formulated for the purpose of preventing and controlling geological disasters, avoiding and reducing losses caused by geological disasters, ensuring the safety of people's lives and property, and promoting sustainable economic and social development.
Article 2 The geological disasters mentioned in these Regulations include mountain collapses, landslides, debris flows, ground collapses, ground fissures, ground subsidence and other disasters related to geological processes, which are caused by natural factors or human activities and endanger people's lives and property.
Article 3 The prevention and control of geological disasters shall adhere to the principles of putting prevention first, combining prevention with control, making overall plans and highlighting key points.
Article 4 Geological disasters are divided into four levels according to the size of casualties and economic losses: (1) Extraordinary: more than 30 people died or the direct economic loss was more than100000 yuan; (2) Large-scale: more than 30 people died 10, or the direct economic loss was more than 5 million yuan but less than100000 yuan; (3) Medium-sized: more than 3 people died 10, or the direct economic loss 10, 000 yuan and less than 5 million yuan; (4) Small scale: less than 3 people died or the direct economic loss was less than 6,543,800 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 financial budgets of the central and local people's governments respectively on the basis of dividing the central and local powers and financial rights. The specific measures shall be formulated by the finance department of the State Council in conjunction with the competent department of land and resources of the State Council.
The cost of controlling geological disasters caused by human activities, such as engineering construction, shall be borne by the responsible unit according to the principle of who causes and who controls.
Article 6 People's governments at or above the county level shall strengthen their leadership in the prevention and control of geological disasters and organize relevant departments to take measures to do a good job in the prevention and control of geological disasters.
The people's governments at or above the county level shall organize relevant departments to carry out publicity and education on the knowledge of geological disaster prevention and control, and enhance the public's awareness of geological disaster prevention and control and their ability of self-help and mutual assistance.
Article 7 The competent department of land and resources of the State Council is responsible for organizing, coordinating, guiding and supervising the prevention and control of geological disasters throughout the country. Other relevant departments in the State Council are responsible for the prevention and control of geological disasters according to their respective responsibilities.
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 the prevention and control of geological disasters within their respective administrative areas. Other relevant departments of the local people's governments at or above the county level shall be responsible for the prevention and control of geological disasters in accordance with their respective duties.
Article 8 The State encourages and supports scientific and technological research on the prevention and control of geological disasters, popularizes advanced technologies for the prevention and control of geological disasters, and popularizes scientific knowledge on the prevention and control of geological disasters.
Ninth any unit or individual has the right to report and accuse the illegal acts in the prevention and control of geological disasters.
Units and individuals that have made outstanding contributions in the prevention and control of geological disasters shall be rewarded by the people's government.
Chapter II Planning for Prevention and Control of Geological Disasters
Article 10 The State practices a geological disaster investigation system.
The competent department of land and resources of the State Council, in conjunction with the departments of construction, water conservancy, railway and transportation of the State Council, organized and carried out the national geological disaster survey in combination with the geological environment.
The competent departments of land and resources of the local people's governments at or above the county level shall, in conjunction with the departments of construction, water conservancy and transportation at the same level, organize the investigation of geological disasters within their respective administrative areas in light of the geological environment.
Article 11 The competent department of land and resources of the State Council shall, jointly with the departments of construction, water conservancy, railways and transportation in the State Council, work out a national geological disaster prevention and control plan based on the results of the national geological disaster investigation, and report it to the State Council for approval and promulgation after expert argumentation.
The competent department of land and resources of the local people's government at or above the county level shall, jointly with the departments of construction, water conservancy and transportation at the same level, formulate the plan for the prevention and control of geological disasters in this administrative region according to the investigation results of geological disasters in this administrative region and the plan for the prevention and control of geological disasters at the next higher level, and report it to the people's government at the same level for approval and promulgation after expert argumentation, and report it to the competent department of land and resources of the people's government at the next higher level for the record.
Modifying the prevention and control plan of geological disasters shall be reported to the original approval authority for approval.
Twelfth geological disaster prevention and control planning includes the following contents: (1) the present situation and development trend of geological disasters; (2) Principles and objectives for the prevention and control of geological disasters; (three) geological disaster prone areas and key prevention and control areas; (4) Geological disaster prevention and control projects; (five) geological disaster prevention measures, etc.
The people's governments at or above the county level shall take towns, densely populated residential areas, scenic spots, large and medium-sized industrial and mining enterprises, traffic trunk lines, key water conservancy and electric power projects and other infrastructure as key protected areas for geological disasters.
Thirteenth preparation and implementation of the overall land use planning, mineral resources planning and water conservancy, railway, transportation, energy and other major construction projects planning, should fully consider the requirements of geological disaster prevention and control, to avoid and reduce losses caused by geological disasters.
The preparation of the overall urban planning, village and market town planning should take the prevention and control of geological disasters as its component.
Chapter III Prevention and Control of Geological Disasters
Article 14 The State shall establish 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 strengthen the dynamic monitoring of geological disasters in conjunction with the departments of construction, water conservancy and transportation.
Engineering construction may cause geological disasters, the construction unit shall strengthen the monitoring of geological disasters.
Fifteenth counties, townships and villages in areas prone to geological disasters should strengthen the monitoring and prevention of geological disasters. During the key prevention period of geological disasters, the township people's governments and grass-roots mass autonomous organizations shall strengthen the inspection of geological disasters, and handle and report the dangers in time.
The state encourages units and individuals to provide precursor information of geological disasters.
Article 16 The state protects geological disaster monitoring facilities. No unit or individual may occupy or damage geological disaster monitoring facilities.
Article 17 The state practices a geological disaster forecasting system. The forecast mainly includes the possible time, place, disaster scope and influence degree of geological disasters.
Geological disaster prediction 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 department.
No unit or individual may release the geological disaster forecast to the society without authorization.
Article 18 The competent department of land and resources of the local people's government at or above the county level shall, jointly with the departments of construction, water conservancy and transportation at the same level, formulate an annual plan for the prevention and control of geological disasters according to this plan, and report it to the people's government at the same level for approval before promulgation.
The annual geological disaster prevention plan includes the following contents: (1) distribution of major disaster points; (two) the threat object and scope of geological disasters; (3) key prevention period; (4) Measures for the prevention and control of geological disasters; (five) the person responsible for the monitoring and prevention of geological disasters.
Article 19 The people's government at the county level shall timely designate areas and lots where precursors of geological disasters may occur, which may cause casualties or heavy property losses, make an announcement, and set up obvious warning signs at the boundary of geological disaster danger zones.
In the danger zone of geological disasters, blasting, slope cutting, engineering 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 measures for project management or relocation and avoidance to ensure the safety of life and property of residents in geological disaster danger areas.
Twentieth geological disasters have been eliminated or effectively controlled, the people's government at the county level shall promptly revoke the original designated geological disaster danger zone, and make an announcement.
Twenty-first in the geological disaster prone areas of engineering construction should be carried out in the feasibility study stage of geological disaster risk assessment, and the assessment results as part of the feasibility study report; If the feasibility study report does not contain the results of geological hazard risk assessment, it shall not be approved.
In the preparation of urban master plan, village and market town planning in geological disaster-prone areas, the risk assessment of geological disasters should be carried out in the planning area.
Article 22 The State implements a qualification management system for units engaged in geological disaster risk assessment. Geological disaster risk assessment units shall meet the following conditions, and be engaged in geological disaster risk assessment business within the scope permitted by the qualification grade after passing the qualification examination of the competent department of land and resources of the people's government at or above the provincial level and obtaining the qualification certificate of the corresponding grade issued by the competent department of land and resources.
(1) Having the qualification of an independent legal person; (two) a certain number of engineering geology, environmental geology and geotechnical engineering and technical personnel; (3) Having corresponding technical equipment.
The geological disaster risk assessment unit shall evaluate the possibility of geological disasters in construction projects and the possibility of geological disasters during and after the construction, put forward specific prevention measures, and be responsible for the evaluation results.
Twenty-third geological disaster risk assessment units are prohibited from going beyond the scope permitted by their qualification grades or undertaking geological disaster risk assessment business in the name of other geological disaster risk assessment units.
It is forbidden for geological disaster risk assessment units to allow other units to undertake geological disaster risk assessment business in the name of their own units.
It is forbidden for any unit or individual to forge, alter or buy or sell the qualification certificate of geological disaster risk assessment.
Twenty-fourth of the construction projects that may cause geological disasters or may suffer geological disasters, geological disaster control projects should be built. 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.
The supporting geological disaster control project has not been accepted or unqualified, and the main project shall not be put into production or use.
Chapter IV Emergency Response to Geological Disasters
Twenty-fifth the State Council land and resources department in conjunction with the State Council construction, water conservancy, railway, transportation and other departments to develop a national emergency plan for sudden geological disasters, reported to the State Council for approval and publication.
The competent departments of land and resources of the local people's governments at or above the county level shall, jointly with the departments of construction, water conservancy and transportation at the same level, formulate emergency plans for sudden geological disasters in their respective administrative areas, and report them to the people's governments at the same level for approval before promulgation.
Article 26 The emergency plan for sudden geological disasters includes the following contents: (1) Division of responsibilities between emergency agencies and relevant departments; (2) Organizing emergency rescue personnel and preparing emergency rescue equipment, funds and materials; (3) Grade and impact analysis of geological disasters; (4) Procedures for investigation, reporting and handling of geological disasters; (five) geological disaster warning signal and emergency communication guarantee; (six) emergency action plans such as evacuation of personnel and property, transfer routes, medical treatment and disease control.
Twenty-seventh after the occurrence of major or extraordinarily serious geological disasters, the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall set up a geological disaster rescue and relief headquarters. When necessary, the State Council can set up a geological disaster rescue and relief headquarters.
When other geological disasters or dangerous geological disasters occur, the relevant municipal and county people's governments may set up a geological disaster rescue and relief headquarters according to the needs of geological disaster rescue and relief work.
Geological disaster rescue and relief headquarters is composed of government leaders and relevant departments. Under the leadership of the people's government at the same level, unified command and organization of geological disaster rescue and relief work.
Twenty-eighth units and individuals that find geological hazards or disasters shall immediately report to the local people's government or the competent department of land and resources. Other departments or grassroots mass autonomous organizations shall immediately forward the report 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 people's government at the county level shall immediately send people to the site for on-site investigation, take effective measures to prevent the occurrence or expansion of disasters, and report to the people's government at the next higher level and the competent department of land and resources in accordance with the provisions of the competent department of land and resources of the State Council on the classification report of geological disasters.
Twenty-ninth local people's governments and grassroots mass autonomous organizations that have received reports of geological disasters shall, according to the actual situation, promptly organize residents and other personnel threatened by geological disasters to move to safety; In case of emergency, you can forcibly organize disaster avoidance and evacuation.
Thirtieth after the occurrence of geological disasters, the people's governments at or above the county level shall start and organize the implementation of the corresponding emergency plan for sudden geological disasters. The local people's governments concerned shall promptly report the disaster situation and its development trend to the people's governments at higher levels.
It is forbidden to conceal, lie or instruct others to conceal or lie about geological disasters.
Thirty-first relevant departments of the people's governments at or above the county level shall, in accordance with the division of labor of emergency plans for sudden geological disasters, do a good job in corresponding emergency work.
The competent department of land and resources shall, jointly with the departments of construction, water conservancy and transportation at the same level, find out the causes and influence scope of geological disasters as soon as possible, and put forward emergency control measures to alleviate and control geological disasters.
Civil affairs, health, food and drug supervision and management, commerce, public security and other departments should promptly set up shelters and relief materials supply points, properly arrange the lives of victims, and do a good job in medical rescue, health and epidemic prevention, drug supply, social security and so on; The competent meteorological departments shall do a good job in ensuring meteorological services; Communications, aviation, railways and transportation departments shall ensure the smooth communication of geological disasters and the delivery of relief materials, equipment, medicines and food.
Thirty-second according to the needs of emergency disposal of geological disasters, the people's governments at or above the county level shall urgently mobilize personnel to call materials, means of transportation and related facilities and equipment; When necessary, measures such as traffic control can be taken in the emergency rescue and disaster relief area as needed.
If the materials, facilities and equipment of units and individuals are temporarily transferred or their houses and land are occupied due to the need of emergency rescue and disaster relief, they shall be returned in time afterwards; If it cannot be returned or causes losses, it shall be compensated accordingly.
Thirty-third local people's governments at or above the county level shall, according to the situation of geological disasters and the needs of prevention and control of geological disasters, make overall plans and arrangements for the reconstruction of the affected areas.
Chapter V Governance of Geological Disasters
Thirty-fourth major geological disasters caused by natural factors that really need to be controlled shall be determined by the competent department of land and resources of the State Council in conjunction with the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.
Other geological disasters caused by natural factors, which really need to be treated, shall be organized and treated by the competent department of land and resources of the people's government at the corresponding level under the leadership of the local people's government at or above the county level.
Cross-administrative geological disasters caused by natural factors, which really need to be controlled, shall be managed by the competent department of land and resources of the local people's government across administrative regions.
Thirty-fifth geological disasters caused by human activities such as engineering construction shall be borne by the responsible units.
The responsible unit shall be determined by the competent department of land and resources of the people's government at or above the county level in the place where the geological disaster occurred, after organizing experts to analyze and demonstrate the causes of the geological disaster.
If there is any objection to the determination of the responsibility for geological disaster control, it may apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 36 The determination of geological disaster control projects shall be compatible with the causes and scale of geological disasters and the degree of harm to people's lives and property safety.
Units undertaking the exploration, design, construction and supervision of special geological disaster control projects shall meet the following conditions, pass the qualification examination of the competent department of land and resources of the people's government at or above the provincial level, and obtain the qualification certificate of the corresponding grade issued by the competent department of land and resources before engaging in the exploration, design, construction and supervision activities of geological disaster control projects within the scope permitted by the qualification grade, and bear corresponding responsibilities: (2) Having a certain number of technicians in hydrogeology, environmental geology and engineering geology; (3) Having corresponding technical equipment; (four) a sound project quality management system. The exploration, design, construction and supervision of geological disaster control projects shall conform to the relevant national standards and technical specifications.
Article 37 It is forbidden for exploration, design, construction and supervision units of geological disaster control projects to go beyond the scope permitted by the qualification grade or undertake the exploration, design, construction and supervision business of geological disaster control projects in the name of exploration, design, construction and supervision units of other geological disaster control projects.
Units engaged in exploration, design, construction and supervision of geological disaster control projects are prohibited, and other units are allowed to undertake exploration, design, construction and supervision of geological disaster control projects in their own names.
It is forbidden for any unit or individual to forge, alter or buy or sell the qualification certificates of exploration, design, construction and supervision of geological disaster control projects.
Thirty-eighth government investment in geological disaster control project is completed, the competent departments of land and resources of the people's governments at or above the county level shall organize the completion acceptance. After the completion of other geological disaster control projects, the responsible unit shall organize the completion acceptance; At the time of completion and acceptance, the competent department of land and resources shall participate.
Thirty-ninth government-invested geological disaster control projects after completion and acceptance, the competent departments of land and resources designated by the people's governments at or above the county level shall be responsible for management and maintenance; After the completion and acceptance of other geological disaster control projects, the responsible units responsible for the management and maintenance.
No unit or individual may occupy, damage or damage geological disaster control engineering facilities.
Chapter VI Legal Liability
Article 40 If, in violation of the provisions of these Regulations, the local people's government at or above the county level, the competent department of land and resources and other relevant departments commit any of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions of demotion or dismissal according to law; If geological disasters cause casualties and heavy property losses, administrative sanctions of dismissal shall be given according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law: (1) failing to prepare an emergency plan for sudden geological disasters in accordance with regulations, or failing to take relevant measures and fulfill relevant obligations in accordance with the requirements of the emergency plan for sudden geological disasters; (two) in the preparation of the overall urban planning, village and market town planning in geological disaster prone areas, the risk assessment of geological disasters in the planning area was not carried out in accordance with the provisions; (three) to approve the feasibility study report excluding the results of geological disaster risk assessment; (4) Concealing, misrepresenting or instructing others to conceal or misrepresent geological disasters, or publishing geological disaster forecasts without authorization; (5) Issuing the qualification certificate of geological disaster risk assessment or the qualification certificate of exploration, design, construction and supervision of geological disaster control projects to unqualified units; (six) there are other dereliction of duty in the prevention and control of geological disasters.
Forty-first in violation of the provisions of these regulations, the construction unit has one of the following acts, and the competent department of land and resources of the local people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, it shall be ordered to stop production, construction or use, and a fine of 654.38 million yuan to 500,000 yuan shall be imposed; If a crime is constituted, criminal responsibility shall be investigated according to law: (1) failing to assess the risk of geological disasters for construction projects in areas prone to geological disasters in accordance with regulations; (two) the supporting geological disaster control project has not been accepted or unqualified and put into production or use.
Forty-second in violation of the provisions of this Ordinance, the geological disasters caused by human activities such as engineering construction are not treated, and the competent departments of land and resources of the people's governments at or above the county level shall order them to be treated within a time limit; If it fails to be treated within the time limit or the treatment does not meet the requirements, the competent department of land and resources shall order it to be treated within a time limit, and the expenses required shall be borne by the responsible unit, and a fine of 654.38+ 10,000 yuan and 500,000 yuan shall be imposed; If losses are caused to others, they shall be liable for compensation according to law.
Article 43 Whoever, in violation of the provisions of these Regulations, carries out blasting, slope cutting, engineering construction and other activities that may cause geological disasters 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 act, and the unit shall be fined between 50,000 yuan and 200,000 yuan, and the individual shall be fined between 1 10,000 yuan and 50,000 yuan; If the case constitutes a crime, criminal responsibility shall be investigated according to law; If losses are caused to others, they shall be liable for compensation according to law.
Article 44 In case of any of the following acts in violation of the provisions of these Regulations, the competent department of land and resources of the people's government at or above the county level or other departments shall, according to their duties, order them to stop the illegal act, and impose a fine of more than two times the assessment fee, exploration fee and land transfer fee/kloc-0. The geological disaster risk assessment unit and the geological disaster control engineering exploration, design or supervision unit shall agree on the design fee or supervision fee in the contract, and impose a 2% to 4% of the project price on the geological disaster control engineering construction unit. Illegal income, confiscate the illegal income; If the circumstances are serious, its qualification certificate shall be revoked; If the case constitutes a crime, criminal responsibility shall be investigated according to law; Those who cause losses to others shall be liable for compensation according to law: (1) practicing fraud or deliberately concealing the true situation of geological disasters in the risk assessment of geological disasters; (two) in the exploration, design, construction and supervision activities of geological disaster control projects, the quality of the project is reduced; (3) undertaking geological disaster risk assessment, geological disaster control engineering exploration, design, construction and supervision without qualification certificate or beyond the scope permitted by qualification grade; (four) in the name of other units or allow 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, in violation of the provisions of these Regulations, forges, alters or buys or sells the qualification certificates of geological disaster risk assessment and geological disaster control engineering exploration, design, construction and supervision, shall be confiscated or revoked by the competent department of land and resources of the people's government at or above the provincial level, confiscate the illegal income and impose a fine of not less than 50,000 yuan but not more than 654.38 million yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 46 Whoever, in violation of the provisions of these Regulations, occupies or damages geological disaster monitoring facilities or geological disaster 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 act, restore the original state within a time limit or take remedial measures, and may be fined not more than 50,000 yuan; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Forty-seventh geological data formed in the prevention and control of geological disasters shall be submitted in accordance with the provisions of the Regulations on the Administration of Geological Data.
Forty-eighth earthquake prevention and disaster reduction work, in accordance with the provisions of laws and administrative regulations on earthquake prevention and disaster reduction.
If there are provisions in flood control laws and administrative regulations on the prevention and control of collapse, landslide and debris flow caused by flood, those provisions shall prevail.
The forty-ninth of this Ordinance since March 6, 2004.