Measures for the Implementation of the Regulation on the Administration of Sand Excavation in the Courses of the Yangtze River (2024)

Measures for the Implementation of the Regulation on the Administration of Sand Excavation in the Courses of the Yangtze River (2024)

(Issued by Order No. 19 of the Ministry of Water Resources on June 2, 2003, amended for the first time in accordance with the Decision of the Ministry of Water Resources to Amend the Measures for the Implementation of the Regulation on the Administration of Sand Excavation in the Courses of the Yangtze River on March 12, 2010, amended for the second time in accordance with the Decision of the Ministry of Water Resources to Repeal, Invalidate upon Announcement, and Amend Certain Rules and Regulatory Documents on December 28, 2010, and amended for the third time in accordance with the Decision of the Ministry of Water Resources to Repeal and Amend Certain Rules on August 1, 2016, and issued by Order No. 56 of the Ministry of Water Resources on November 12, 2024)

Article 1 These Measures are developed in accordance with the Yangtze River Protection Law of the People's Republic of China, the Regulation on the Administration of Sand Excavation in the Courses of the Yangtze River (the “Regulation”), and other applicable laws and regulations.
Article 2 Sand and gravel excavation in the main river courses below the Yibin Section of the Yangtze River (“sand excavation in the Yangtze River”) and relevant administrative activities shall be conducted in accordance with these Measures.
Article 3 Sand excavation in the Yangtze River shall adhere to the principles of prioritizing protection, scientific planning, total volume control, orderly excavation, and strict management.
Article 4 The Changjiang Water Resources Commission shall strengthen the unified administration, supervision, and inspection of sand excavation in the Yangtze River, effectively carry out relevant organization, coordination, and guidance work, and be specifically responsible for the administration, supervision, and inspection of sand excavation in key river sections of inter-provincial boundaries (see the Annex for the list).
The water administrative departments of local people's governments at and above the county level along the river shall be specifically responsible for the administration, supervision, and inspection of sand excavation in the Yangtze River within their respective administrative regions.
Article 5 The plan for sand excavation in the Yangtze River is the basis for the licensing, administration, supervision, and inspection of sand excavation in the Yangtze River. The plan for sand excavation in the Yangtze River shall be prepared by the Changjiang Water Resources Commission in conjunction with the water administrative departments of people's governments of provinces and municipalities directly under the Central Government along the river, and be submitted to the water administrative department of the State Council for approval after soliciting opinions from the relevant departments and entities in accordance with the law.
The water administrative departments of people's governments of provinces and municipalities directly under the Central Government along the river may draft implementation plans for sand excavation in the Yangtze River within their respective administrative regions, submit the plans to the people's governments at the same level for approval and implementation, and shall legally report the same to the Changjiang Water Resources Commission and other relevant entities for recordation. The drafted plan for the implementation of the plan for sand excavation in the Yangtze River must comply with the requirements of the plan for sand excavation in the Yangtze River.
If the plan for sand excavation in the Yangtze River needs to be modified due to changes in the river regime and courses of the Yangtze River, sand and gravel replenishment, ecological and environmental protection, economic and social development, and other circumstances, the Changjiang Water Resources Commission shall undergo approval formalities in accordance with the law.
If sand excavation is carried out for the purpose of reinforcing the embankment or harnessing the river courses or waterway of the Yangtze River, it shall not be subject to the restrictions on the sand excavation area and amount, among others, as set out in the plan for sand excavation in the Yangtze River, provided that sufficient demonstration is conducted and relevant legal formalities are completed in accordance with the Regulation and these Measures.
Article 6 Sand excavation in the Yangtze River is prohibited from June 1 to September 30 each year, and the period when the flow rate of the Cuntan Hydrologic Station in the Yangtze River is more than 25,000 cubic meters per second shall be the period when sand excavation is prohibited in the Three Gorges Reservoir Section of the mainstream of the Yangtze River.
Article 7 With respect to the expansion of the scope of the excavation prohibition area and the extension of the excavation prohibition period beyond the prohibition area and period determined in these Measures and the plan for sand excavation in the Yangtze River, the water administrative departments of people's governments of provinces and municipalities directly under the Central Government along the river shall, after reporting to the people's governments at the same level for decision and announcement, report to the Changjiang Water Resources Commission for recordation.
Article 8 A system of control of total quantity is adopted for sand excavation in the Yangtze River. The actual approved annual total sand excavation amount shall not exceed the annual total sand excavation control amount determined in the plan for sand excavation in the Yangtze River. The actual approved annual sand excavation amount for each excavation permitted area shall not exceed the annual sand excavation control amount of the excavation permitted area.
According to changes in river dynamics, waterway, sand and gravel replenishment, navigation, sand excavation management requirements, and other circumstances, the Changjiang Water Resources Commission may adjust the annual sand excavation control amount for each excavation permitted area according to the plan for sand excavation in the Yangtze River.
Article 9 A feasibility study report system shall be adopted for sand excavation in the Yangtze River. The feasibility study report for sand excavation shall be prepared by the applicant itself or by a relevant institution entrusted by the applicant as required, and the approval department shall not require the applicant to entrust a specific intermediary to provide services.
The Changjiang Water Resources Commission and water administrative departments of people's governments of provinces and municipalities directly under the Central Government along the river shall examine the feasibility study report on sand excavation according to the management authority.
Article 10 The feasibility study report for sand excavation shall cover:
(1) an analysis of the evolution of river courses in sand excavation sections;
(2) the selection principle and layout of the sand excavation area, analysis of sand and gravel replenishment, analysis of the total amount of available sand and gravel in the sand excavation area, excavation control conditions, setting of sand stacking sites, and sand transport schemes, among others;
(3) an analysis ......