Regulation on the Prevention and Control of Geologic Disasters

Regulation on the Prevention and Control of Geologic Disasters Order of the State Council of the People's Republic of China (No. 394) The “Regulation on the Prevention and Control of Geologic Disasters”, which was adopted at the 29th executive meeting of the State Council on November 19, 2003, is hereby promulgated, and shall come into force on March 1, 2004. Wen Jiabao, Premier November 24, 2003 Regulation on the Prevention and Control of Geologic Disasters Chapter I General Provisions Article 1 The present Regulation is formulated in order to prevent and control geologic disasters, avoid and mitigate the losses arising from geologic disasters, maintain the safety of people's lives and properties, and promote the sustainable economic and social development. Article 2 Geologic disasters mentioned in the present Regulation include such disasters related to geologic effects as landslip, landslide, mud-rock flow, ground collapse, ground crack, ground subsidence, and so on, which are caused by natural factors or human activities and will endanger the safety of people's lives and properties. Article 3 For the sake of prevention and control of geologic disasters, the principles of mainly stressing prevention, combining avoidance with control, making planning in an all-round way, and giving prominence to focal points shall be adhered to. Article 4 Geologic disasters may be classified into four grades in light of the number of casualties and the extent of economic losses: (1) Of particularly large type: 30 or more persons have died from the disaster, or the direct economic losses have reached 10 million Yuan or more; (2) Of large type: 10 to 30 persons have died from the disaster, or the direct economic losses have reached 5 million to 10 million Yuan; (3) Of medium type: 3 to 10 persons have died from the disaster, or the direct economic losses have reached 1 million to 5 million Yuan; (4) Of small type: Less than 3 persons have died from the disaster, or the direct economic losses are less than 1 million Yuan. Article 5 The prevention and control of geologic disasters shall be included into the national economic and social development plans. The expenses for prevention and control of geologic disasters caused from natural factors shall, on the basis of dividing the duties and fiscal powers of the Central Government and those of local governments, be separately listed into the fiscal budgets of the Central Government and the relevant local people's governments. The specific measures shall be formulated by the administrative organ of finance under the State Council jointly with the administrative organ of land resources under the State Council. The expenses for dealing with a geologic disaster caused by project construction or any other human activity shall be borne in line with the principle that whoever causes the geologic disaster shall be liable to deal with it. Article 6 The people's government at the county level or above shall strengthen its leadership towards prevention and control of geologic disasters, organize the relevant organs to take measures to do well in prevention and control of geologic disasters. The people's government at the county level or above shall organize the relevant organs to hold propaganda and education on the knowledge of prevention and control of geologic disasters, help the public improve their awareness of preventing and controlling geologic disasters, and their abilities of self-rescue or mutual rescue, as well. Article 7 The administrative organ of land resources under the State Council shall be responsible for arranging for, coordinating, guiding and supervising the prevention and control of geologic disasters nationwide. Other relevant institutions under the State Council shall be responsible for the relevant work of prevention and control of geologic disasters in light of their respective duties. The administrative organ of land resources under a local people's government at the county level or above shall be responsible for arranging for, coordinating, guiding and supervising the prevention and control of geologic disasters within its own jurisdiction. Other relevant organs under this local people's government at the county level or above shall be responsible for the relevant work of prevention and control of geologic disasters in light of their respective duties. Article 8 The State encourages and supports scientific and technological researches on the prevention and control of geologic disasters, extends advanced technologies for prevention and control of geologic disasters, and disseminate scientific knowledge on the prevention and control of geologic disasters. Article 9 Any entity or individual shall have the right to make exposure of or charge against the illegal acts in the prevention and control of geologic disasters. The people's governments shall award the entities and individuals who have made outstanding contributions in prevention and control of geologic disasters. Chapter II Planning on Prevention and Control of Geologic Disasters Article 10 The State adopts a system of investigation into geologic disasters. The administrative organ of land resources under the State Council shall, jointly with the administrative organs of construction, water conservancy, railways, communications, etc. under the State Council, arrange for and carry out investigations of geologic disasters nationwide in combination with the conditions of geologic environment. The administrative organ of land resources under a local people's government at the county level or above shall, jointly with the organs of construction, water conservancy, traffic, etc. at the same level, arrange for and carry out investigations of geologic disasters within its own jurisdiction in combination with the conditions of geologic environment. Article 11 The administrative organ of land resources under the State Council shall, jointly with the administrative organs of construction, water conservancy, railways, communications, etc. under the State Council, and according to the result from investigation of geologic disasters nationwide, work out the planning on prevention and control of geologic disasters, which shall be submitted to the State Council for approval and promulgation after demonstration by experts. The administrative organ of land resources under a local people's government at the county level or above shall, jointly with the administrative organs of construction, water conservancy, traffic, etc. at the same level, and according to the result from investigation of geologic disasters within its own jurisdiction as well as the planning of the next higher level on prevention and control of geologic disasters, work out the planning for its own jurisdiction on prevention and control of geologic disasters, which shall be submitted to the people's government at the same level for approval and promulgation after demonstration by experts, and be reported to the administrative organ of land resources under the people's government at the next higher level for archival purposes. To amend the planning on prevention and control of geologic disasters, a report shall be made to the original approval organ for approval. Article 12 A planning on prevention and control of geologic disasters shall include the following contents: (1) status quo of geologic disasters, and forecast of their development trend; (2) principles and targets on prevention and control of geologic disasters; (3) areas where geologic disasters are ready to occur, key prevention and control areas; (4) projects on prevention and control of geologic disasters; (5) measures on prevention and control of geologic disasters. The people's government at the county level or above shall regard towns, densely populated residential quarters, scenic or historic spots, places where any large and medium-sized industrial or mining enterprise is located, and the infrastructures such as traffic trunk lines, key water conservancy and electric power projects, etc., as the key points in the area of key prevention and control of geologic disasters. Article 13 To work out and carry out an overall planning on land utilization, a planning on mineral resources or a planning on any other major construction project in respect of water conservancy, railways, traffic, energy sources, etc., the requirements on prevention and control of geologic disasters shall be taken into full consideration, so as to avoid and mitigate the losses caused from geologic disasters. To work out an overall urban planning, or a village or town planning, the planning on prevention and control of geologic disasters shall be deemed as a component part. Chapter III Prevention of Geologic Disasters Article 14 The State establishes a network for monitoring geologic disasters and a pre-warning information system. The administrative organ of land resources under the people's government at the county level or above shall, jointly with the organs of construction, water conservancy, traffic, etc., strengthen the dynamic monitoring of the dangers from geologic disasters. Where there is any project under construction which is possible to cause a geologic disaster, the construction entity shall strengthen the monitoring of the might-be geologic disaster. Article 15 The counties, townships and villages in the areas where geologic disasters are ready to occur shall strengthen collective monitoring and prevention of geologic disasters. Within the period for key prevention of geologic disasters, the township or town people's governments, and the primary autonomous mass organizations shall strengthen circuit inspections on geologic disaster danger, and shall timely deal with and report any danger they find. The state encourages entities and individuals to provide predictive information on geologic disasters. Article 16 The State protects facilities for monitoring geologic disasters. No entity or individual shall misappropriate, destroy or damage any facilities for monitoring geologic disasters. Article 17 The State applies a system of geologic disaster forecast. The contents of such forecast mainly include the time, place, disastrous scope and impact, etc. of the geologic disaster which might occur. A geologic disaster forecast shall be promulgated by the administrative organ of land resources under the people's government at the county level or above jointly with the weather administration. No entity or individual shall discretionally announce geologic disaster forecast to the public. Article 18 The administrative organ of land resources under a local people's government at the county level or above shall, jointly with the organs of construction, water conservancy, traffic, ......