first
In order to prevent and control geological disasters, avoid and reduce losses caused by geological disasters, ensure the safety of people's lives and property, and promote sustainable economic and social development, these regulations are formulated.
second
The geological disasters mentioned in these Regulations include mountain collapses, landslides, mudslides, ground collapses, ground fissures, ground subsidence and other disasters related to geological processes caused by natural factors or human activities.
essay
The prevention and control of geological disasters should adhere to the principle of giving priority to prevention, combining avoidance with prevention, making overall plans and giving prominence to key points.
Article 4
Geological disasters are divided into four grades according to the size of casualties and economic losses:
(1) Extra large: more than 30 people died or the direct economic loss was more than 6,543,800,000 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 should 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
The 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 the organization, coordination, guidance and supervision of 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.
Article 9
Any unit or individual has the right to report and accuse 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 Prevention and Control Planning
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, railway and transportation in the State Council, work out the national geological disaster prevention and control plan according to 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.
Article 12
Geological disaster prevention planning includes the following contents:
(a) 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.
Article 13
The overall land use planning, mineral resources planning and the planning and implementation of major construction projects such as water conservancy, railways, transportation and energy should fully consider the requirements of prevention and control of geological disasters, so as to avoid and mitigate the 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
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 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.
Article 15
Counties, townships and villages in areas prone to geological disasters should strengthen the work of 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 the plan for the prevention and control of geological disasters, 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 governments at the county level shall timely delimit the areas and lots that are precursors of geological disasters and 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.
Article 20
If the risk of geological disasters has been eliminated or effectively controlled, the people's government at the county level shall promptly revoke the originally designated geological disaster risk area and make an announcement.
Article 21
When carrying out engineering construction in areas prone to geological disasters, the risk assessment of geological disasters should be carried out at the feasibility study stage, and the assessment results should be taken as an integral 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. The geological disaster risk assessment unit shall meet the following conditions, and be engaged in geological disaster risk assessment business within the scope permitted by the qualification grade only 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.
Article 23
Geological hazard risk assessment units are prohibited from undertaking geological hazard risk assessment business beyond the scope permitted by the qualification grade or in the name of other geological hazard 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.
Article 24
For construction projects that may cause geological disasters or may suffer geological disasters after evaluation, geological disaster control projects shall 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
Article 25
The competent department of land and resources of the State Council shall, jointly with the construction, water conservancy, railway and transportation departments of the State Council, prepare the national emergency plan for sudden geological disasters, and report it to the State Council for approval before 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.
Article 27
When extraordinarily serious or large-scale geological disasters occur, the people's governments of the relevant provinces, autonomous regions and municipalities directly under the Central Government shall set up geological disaster emergency 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.
The 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.
Emergency rescue and relief work for qualitative disasters.
Article 28
Units and individuals that find hidden dangers of geological disasters 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.
Article 29
Local people's governments and grass-roots 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.
Article 30
After the occurrence of geological disasters, the people's governments at or above the county level shall start and organize the implementation of corresponding emergency plans 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.
Article 31
The relevant departments of the people's governments at or above the county level shall, in accordance with the division of labor of the emergency plan for sudden geological disasters, do a good job in the 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.
Article 32
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.
Article 33
The local people's governments at or above the county level shall, according to the disaster situation of geological disasters and the needs of prevention and control of geological disasters, make overall plans and arrange the reconstruction of the affected areas.
Chapter V Governance
Article 34
If it is really necessary to control the extraordinarily serious geological disasters caused by natural factors, the competent department of land and resources of the State Council shall organize the control in conjunction with the people's governments of provinces, autonomous regions and municipalities directly under the Central Government where the disasters occur.
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.
Article 35
Geological disasters caused by human activities such as engineering construction shall be managed by the responsible unit.
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 should be adapted to 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:
(1) Having the qualification of an independent legal person;
(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 the exploration, design, construction and supervision units of geological disaster control projects to go beyond the scope permitted by their qualification grades or undertake the exploration, design, construction and supervision business of geological disaster control projects in the name 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.
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 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.
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 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
In violation of the provisions of this Ordinance, the relevant local people's governments at or above the county level, the competent departments of land and resources and other relevant departments have one of the following acts, and 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:
(a) failing to prepare the emergency plan for sudden geological disasters in accordance with the provisions, 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.
Article 41
In violation of the provisions of this Ordinance, 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 it fails to make corrections within the time limit, it shall be ordered to stop production, construction or use, and a fine of 1 10000 yuan to 500000 yuan shall be imposed; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(a) failing to assess the risk of geological disasters for construction projects in geological disaster-prone areas in accordance with the provisions;
(two) the supporting geological disaster control project has not been accepted or unqualified and put into production or use.
Article 42
In violation of the provisions of this Ordinance, the geological disasters caused by human activities such as engineering construction shall not be treated, and the competent department of land and resources of the people's government at or above the county level shall order it 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
In violation of the provisions of this Ordinance, blasting, slope cutting, engineering construction and other activities that may cause geological disasters are carried out in geological disaster danger areas, and the competent department of land and resources of the local people's government at or above the county level shall order it to stop the illegal act, impose a fine of 50,000 yuan to 200,000 yuan on the unit and 6,543,800 yuan to 50,000 yuan on the individual; 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 violation of the provisions of this Ordinance, anyone who commits any 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 act according to their duties, and be fined for the assessment fee, exploration fee, design fee or supervision fee agreed in the exploration contract between the geological disaster risk assessment unit and the geological disaster control project, the design or supervision unit, and the construction unit of the geological disaster control project shall be fined for more than 2% and less than 4% of the project price, and may be ordered to suspend business for rectification. 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; If losses are caused to others, they shall be liable for compensation according to law:
(a) 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 this Ordinance, forges, alters, or buys or sells the qualification certificate of geological disaster risk assessment and the qualification certificate of 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 this Ordinance, 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
Article 47
Geological data formed in the prevention and control of geological disasters shall be submitted in accordance with the regulations on the administration of geological data.
Article 48
Earthquake prevention and disaster reduction work shall be implemented 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.
Article 49
These Regulations shall come into force as of March 6, 2004.