443.Administrative Measures of Shenzhen Municipality on Prevention and Control of Geological Disasters 深圳市地质灾害防治管理办法

发布时间:2017-09-04来源:市法制办字体:【 【内容纠错】

Administrative Measures of Shenzhen Municipality on Prevention and Control of Geological Disasters

Adopted at the 12 th Executive Meeting of the 5 th Shenzhen Municipal People’s Government

Chapter One General Rules

Article 1 These Measures are formulated in accordance with the Regulations on Prevention and Control of Geological Disasters adopted by the State Council and Regulations of Guangdong Province on Prevention and Control of Geological Disasters for the purpose of maintaining the safety of people’s lives and properties, preventing and controlling geological disasters or the hidden risks thereof, and avoiding or mitigating the loss caused thereby.

Article 2 Prevention and control of geological disasters within the administrative area of Shenzhen Municipality shall conform to these Measures.

The prevention and mitigation of earthquake disasters shall be in accordance with the relevant provisions of laws and regulations on earthquake prevention and disaster reduction. If there are special provisions of laws and regulations on preventing and controlling collapse, landslide and debris flow caused by flood, those provisions shall prevail.

In case of accidents concerning engineering quality caused by slope engineering (including slope engineering for construction, transportation and water projects; the same below), the provisions of laws and regulations, standards and technical criteria on construction, transportation and water projects shall apply.

Article 3 The geological hidden risk as mentioned in these Measures refers to the phenomenon that geological disasters might occur, as investigated, due to the geological process.

The prevention and control of geological disasters as mentioned in these Measures includes prevention, emergency management, control and maintenance of the control projects of geological disasters(including hidden risks).

(1)Prevention, including forecast and pre-warning of geological hazard weather, drafting programs and annual schemes of prevention and control of geological disasters, general investigation of geological disasters (including hidden risks), emergency investigation, risk assessment, professional supervision and surveillance, pre-flood screening, mass observation and prevention, technical consultation, propaganda, training, rewards, and construction of prevention and control system, and etc;

(2)Emergency management, including interim emergency and rescue of geological disasters or dangerous situation, and the emergency work assigned by the municipal government or the superior competent departments;

(3)Control, including special measure projects addressing geological disasters(including hidden risks) (hereinafter referred as “special measure project”) and supporting measure projects on prevention and control of geological disasters(including hidden risks)for construction, reconstruction and expansion of construction projects (hereinafter referred as “supporting measure project”)

(4)Maintenance, including daily management and maintenance of, as well as technical consultation on special measure projects and supporting measure projects.

Article 4 In prevention and control of geological disasters, the principle of jurisdictional responsibility, graded responsibility and classified supervision by functional departments shall be followed.

The municipal government and the district governments, as well as relevant competent departments shall propagandize and popularize the knowledge of prevention and control of geological disasters by various means, and improve units’ and individuals’ knowledge and capacity of prevention, control and rescue of geological disasters.

Article 5 In prevention and control of geological disasters, the district governments (including administrative authorities in the new districts in Shenzhen, hereinafter collectively referred to as “district governments”) shall establish and strengthen the responsibility system, implement responsibility of prevention and control level by level, and perform the following functions and duties:

(1)Taking charge of collective monitoring and prevention of geological disasters (including hidden risks), establishing and perfecting a screening register mechanism of geological disasters (including hidden risks), and organizing patrol inspection of geological disasters (including hidden risks).

(2)Being in charge of emergency management and rescue of geological disasters;

(3)Taking charge of special treatment of geological disasters (including hidden risks) which are caused by natural factors or failure of the relevant unit in performing its duty of control, and practicing mandatory control of geological disasters (including hidden risks) on behalf of that unit;

(4)Being in charge of maintenance for special measure projects which are caused by natural factors or failure of the relevant unit in performing its duty of control.

Article 6 The department of urban planning and land resources shall be responsible for organizing, coordinating, guiding and supervising prevention and control of geological disasters. It shall also be responsible for investigation and affirmation of geological disasters (including hidden risks), as well as the degree and liability thereof.

The department of construction shall be responsible for permission, supervision and administration of the commencement of special measure projects which do not involve transportation and water projects in light of the procedure of supervision on project construction. It shall also be responsible for supervision and administration of survey, design, construction, supervision, completion acceptance, safety maintenance and emergency management of slope engineering projects within the scope of its functions and duties.

The departments of transportation and water affairs shall be responsible for the supervision on geological disaster control projects specifically related to transportation and water affairs in accordance with the procedure of construction supervision. It shall also be responsible for the supervision of survey, design, construction, supervision, completion acceptance, safety maintenance and emergency management of relevant slop engineering projects within the scope of their functions and duties.

The department of urban management, in light of its functions and duties, shall be responsible for supervision and administration of safety maintenance and emergency management of relevant slope engineering projects.

The department of development and reform shall be responsible for project approval and arrangement of construction funds for special measure projects which are invested by the government in accordance with relevant provisions.

The department of finance shall be responsible for verification and appropriation of construction funds for special measure projects in accordance with annual government investment program. It shall also be responsible for arrangement of other funds relevant to geological disasters (including hidden risks) in accordance with relevant provisions on financial budget.

The department of meteorology shall be responsible for providing meteorological service in order to assist the department of urban planning and land resources in forecast and early warning of geological hazard weather.

Competent departments at municipal and district level, in light of their respective functions and duties, shall coordinate in prevention and control of geological disasters.

Article 7 The expenses for prevention and control of geological disasters shall be handled according to the following stipulations:

(1)The expenses for prevention, emergency management, control and project maintenance of geological disasters (including hidden risks) caused by natural factors shall be borne by the government;

(2)For geological disasters (including hidden risks) caused by project construction or any other human activities, expenses for prevention shall be borne respectively by the construction unit, proprietors or any other relevant persons in line with the principle that the proprietor assumes the responsibility of prevention. In line with the principle that whoever causes the geological disaster shall be liable to deal with it, the liable unit shall bear the expenses for emergency management, control and project maintenance.

(3)The construction units which construct, reconstruct or expand certain project shall bear the construction expenses for supporting measure project, while the owner or actual user of the aforementioned construction project shall bear the expenses for the maintenance of supporting measure project after the project has been transferred.

Subject to these Measures, the district governments or sub-district offices shall bear the expenses under paragraph 1(2) and paragraph 1(3) of this article on behalf of someone else and has the right to claim recovery.

Article 8 The municipal government shall bear the expenses of special measure projects for controlling geological disasters (including hidden risks) caused by natural factors.

The expenses for managing emergency and rescuing geological disasters caused by natural factors shall be borne by the municipal government and shall be included into the annual fiscal budget of the municipal government.

In accordance with their respective functions and duties as stipulated in these Measures, the expenses for preventing geological disasters (including hidden risks) caused by natural factors and maintaining relevant special measure projects shall be listed respectively into the fiscal budgets of the municipal government and the district governments.

If any adjustments are made to these Measures by the municipal government according to the status of financial control system of the municipal government and the district governments ,such adjustments shall prevail.

Article 9 Geological disasters shall be classified in accordance with relevant laws and regulations.

The degree of the hidden risk of geological disasters shall be classified into the following grades in light of the potential danger level and the scale:

(1)Special risk: over 1000 persons (including this figure; the same below) may be under threat, or potential economic loss may be over100,000,000 Yuan;

(2)Great risk: 100 to 1000 persons (excluding this figure; the same below) may be under threat, or potential economic loss may be ranging from 50,000,000 Yuan to 100,000,000 Yuan;

(3)High risk: 10 to 100 persons may be under threat, or potential economic loss may be ranging from5,000,000 Yuan to 50,000,000 Yuan;

(4)General risk: less than 10 persons may be under threat, or potential economic loss may be less than 5,000,000Yuan.

The department of urban planning and land resources shall investigate and affirm the geological disasters (including hidden risk) and the degree thereof.

Article 10 The department of urban planning and land resources shall establish expertise consulting system of prevention of geological disasters in accordance with the relevant provisions on experts database management adopted by the municipal government.

The units engaging in assessment of the danger degree of geological disasters, and investigation, design, construction and supervision of special measure projects, shall obtain the corresponding qualification certificates issued by the departments of land resources. The units engaging in investigation, design, construction and supervision of supporting measure projects shall obtain the qualification certificates issued by the departments of construction, transportation or water affairs or other administrative departments.

Chapter Two Planning and Annual Proposal For Prevention and Control of Geological Disasters

Article 11 The department of urban planning and land resources shall, jointly with the district governments and relevant departments at the municipal level, compile the plan for prevention and control of geological disasters according to the investigation result of geological disasters (including hidden risks) and the plan for prevention and control of geological disasters of the higher level, which shall be publicized and carried out after approval by the municipal government.

According to the investigation and monitoring results of geological disasters (including hidden risks) and the prevention situation, the municipal department of urban planning and land resources shall timely identify the person who is in charge of the monitoring, prevention and control of geological disasters (including hidden risks) and the unit which is in charge of controlling, notify them in written, and report to the district government where the geological disaster or hidden risk locates.

Article 12 Densely populated residential quarters, scenic or historic spots, places where large and medium-sized enterprises, schools or hospitals are located, and the infrastructures such as traffic trunk lines, telecommunication facilities, key water conservancy and electric power projects, gas pipelines etc., shall be regarded as the key protective locations within the area of key prevention and control of geological disasters.

The scope of areas where geological disasters are prone to occur, the level and standards of protection shall be specified in the plan for prevention and control of geological disasters.

Article 13 According to the planning for prevention and control of geological disasters and the work report of prevention and control in the previous year, the municipal department of urban planning and land resources shall, jointly with district governments and other competent municipal departments, draft an annual proposal on prevention and control of geological disasters, and implement it after it is approved by the municipal government.

The arrangement for special measure projects shall be specified in annual proposal on prevention and control of geological disasters.

The annual proposal on prevention and control of geological disasters shall make annual arrangement for expenses of prevention and control of geological disasters (including hidden risks) borne by the municipal government or the district governments in accordance with Article 7 and Article 8 of these Measures.

Chapter Three Prevention of Geological Disasters (Including Hidden Risks)

Article 14 The department of urban planning and land resources shall, jointly with district governments and other competent municipal departments, and according to the plan of prevention of geological disasters and the practical needs, set up stations for monitoring geological disasters (including hidden risks), establish a network for supervision and implement dynamic monitoring of the dangers from geological disasters pursuant to the relevant national provisions.

Concerning geological disasters (including hidden risks), which may be caused by human activities such as project construction or explosion, the construction unit, proprietor or other relevant persons shall be the persons responsible for monitoring and preventing geological disasters (including hidden risks). The competent departments of construction, transportation, water affairs and other administrative departments, shall be responsible for guidance, investigation and supervision in light of their respective functions and duties.

Concerning geological disasters (including hidden risks) caused by natural factors, the persons responsible for monitoring and preventing geological disasters (including hidden risks) shall be assigned by the relevant district government or sub-district office.

Article 15 The district governments shall strengthen their leadership towards arrangement for collective monitoring and prevention of geological disasters (including hidden risks) and the working system establishment, and organize sub-district offices, community workstations, resident committees and other persons responsible for monitoring and preventing geological disasters to register geological disasters (including hidden risks), carry out routine inspections, record the inspection and to build up corresponding inspection files, in accordance with annual proposal for prevention and control of geological disasters.

Persons responsible for collective monitoring and prevention of geological disasters shall notify the district government, sub-district office or the department of urban planning and land resources immediately as they find out a geological disaster or danger thereof. In case of emergency, the person shall arrange the mass under threat to avoid the danger first.

Where a competent department is carrying out collective monitoring and prevention of geological disasters (including hidden risks), any unit and individual under threat shall assist actively.

Article 16 According to the plan of prevention of geological disasters and the distributions of key locations of possible geological disasters confirmed in the annual plan for prevention and control of geological disasters, the district government shall set up warning signs on the border of the key locations of possible geological disasters in its administrative area.

Where the buildings constructed or under construction might cause hidden risks or geological disasters, the construction unit, proprietor and other relevant persons who are responsible for supervision and preventing geological disasters shall set up warning signs and expressly indicate the measures of protection.

Article 17 The district governments shall make cards containing information of hidden risks of geological disasters in their administrative areas and distribute them to the persons responsible for monitoring, prevention and the units responsible for control.

The main information contained in the cards shall include the name, place, border and degree of danger of hidden risks of geological disasters, persons responsible for monitoring, prevention and the units responsible for control, contact information, the situation of prevention and control, the measures of protection, safe route, safe shelter, and etc.

Persons responsible for monitoring, prevention and the units responsible for control shall make public the main information of the cards by the means of posts, pamphlets, etc. in the area of hidden risks of geological disasters.

Article 18 The department of urban planning and land resources shall, jointly with the municipal department of weather affairs, establish a pre-warning information system. According to the relevant national provisions and the practical needs of this Municipality, the pre-warning system shall be classified into the following four grades:

(1)Attention. Geological disasters might occur in 24 hours.

(2)Caution. Geological disasters will possibly occur in 24 hours.

(3)Pre-alert. Geological disasters will likely occur in 24 hours.

(4)Red-alert. Geological disasters will occur in 24 hours with high possibility.

Article 19 Pre-warning information at “Attention” grade shall not be made public, while the pre-warning information at “Red-alert” grade shall be made public when it is approved by the municipal government after it is submitted thereto by the municipal department of urban planning and land resources.

Pre-warning information at grades of “Caution, Pre-alert and Red-alert” shall be made public through media including television, broadcasting, etc. by the municipal department of urban planning and land resources, jointly with the municipal department of weather affairs. The television and broadcasting stations shall make the information public within 15 minutes after they receive it from the municipal department of weather affairs.

Where the municipal department of urban planning and land resources makes a decision to make public the pre-warning information at grades of “Pre-alert and Red-alert”, it shall notify concurrently the municipal department of emergency management, the department of prevention of flood, drought, and typhoon as well as district governments where geological disasters may occur.

Article 20 Where an applicant applies for the use of state-owned land by allocating or transferring by an agreement, and the project locates in the area where geological disasters (including hidden risks) are prone to occur, o rthe project construction may cause special risk or great risk of geological disasters, the applicant shall assess the degree of danger of geological disasters at the stage of feasible study and make the assessment as part of feasible study report. The department of development and reform at the municipal and district levels shall not approve the report if such assessment is not included.

Where the right of use of state-owned land located in the area where geological disasters are prone to occur is transferred through bid or auction or listing, or the transfer of such right of use of state-owned land may cause great risk or special risk of geological disasters (including hidden risks), the department of urban planning and land resources shall assess the degree of danger of geological disasters at the stages of site selection and land preview.

Article 21 Where the construction project locates in the area where geological disasters are prone to occur, or the project under construction may cause great risk or special risk of geological disasters (including hidden risks), the department of urban planning and land resources shall specify in the construction land planning permit that the construction unit shall take measures of prevention and control according to the assessment of the degree of danger of geological disasters.

Article 22 Where the construction land planning permit has specified that the construction unit shall take measures to prevent and control geological disasters, the construction unit shall arrange the work plan design of supporting measure projects. The construction unit shall not submit an application for construction land planning permit until it has passed the test of the work plan design.

Article 23 The supporting measure project shall be designed, constructed, checked and accepted and put into use concurrently with the main project. The departments of construction, transportation, water affairs, urban planning and land resources and etc. shall be responsible for supervision according to their respective functions and duties.

Where the main project and supporting measure project have passed the completion acceptance test concurrently, the proprietors or users shall be responsible for daily maintenance of the supporting measure project, carrying out routine inspections and timely reporting to the district government and the department of urban planning and land resources if there is any problem.

Chapter Four Emergency Management

Article 24 The municipal department of urban planning and land resources shall, jointly with other competent departments, work out the emergency plan for sudden geological disasters, submit it to the municipal government and implement it after approval.

The district governments shall, in accordance with the emergency plan for sudden geological disasters promulgated by the municipal government, work out and promulgate specific emergency plans to be implemented in their administrative areas, and distribute the plans to the municipal departments of urban planning and land resources, prevention of flood, drought, and typhoon and emergency management.

Article 25 On receiving the report of geological disasters or danger, the district government and sub-district office of the place where the geological disasters or danger occurs shall organize the staff to go to the scene, investigate and take measures to prevent the disasters from occurring or expanding.

Where a geological disaster or danger occurs, the municipal government and the relevant district government may set up the on-site emergency rescue headquarter according to the needs of rescue and relief work. The department of urban planning and land resources may select experts for field investigation to provide technical support for decision.

Article 26 Where the forecast and pre-warning system of geological hazard weather reaches the “Pre-alert” level, the district governments and competent municipal departments which are responsible for launching the emergency plan of sudden geological disasters as stipulated in the emergency plan of sudden geological disasters adopted by the municipal government and district governments shall be prepared to implement the emergency plan immediately.

Where the weather forecast and pre-warning system of geological hazard weather reaches the “Red-alert” level, the district governments and competent municipal departments which are responsible for launching the emergency plan of sudden geological disasters as stipulated in the emergency plan of sudden geological disasters adopted by the municipal government and district governments shall timely implement the plan according to the process.

Article 27 Where the occurrence of geological disasters or dangers requires an immediate rescue and relief, the following process shall be followed, unless it is otherwise provided by laws or regulations concerning construction, transportation or water affairs:

(1)An on-site emergency management headquarter shall be set up to organize manpower to control, and to arrange persons and assets under threat to avoid the risk.

(2)The department of urban planning and land resources shall, jointly with departments of construction, transportation and water affairs, organize experts to investigate at scene and make recommendations for the plan of emergency management.

(3)The on-site emergency management headquarter shall pin down the plan of emergency management, assign the competent units to take the responsiblity for investigation, design, construction and supervision in accordance with relevant provisions, and clarify the settlement principles.

(4)The district government shall organize the units responsible for investigation, design, construction and supervision to carry out the rescue and relief activities.

Where the geological disasters are caused by human activities, the district government has the right to claim the expenses it has borne after organizing the emergency rescue and relief.

Article 28 The municipal government and the district governments shall establish emergency materials reserve system of geological disasters to strengthen their capacity of material support to prevent and handle sudden geological disasters.

Chapter Five Special Measures Project

Article 29 The special measure projects shall be accommodating to causes and scale of geological disasters (including hidden risks), as well as the damage caused to the life and property safety by the disasters. The cost of projects shall be controlled without security loss. Where the geological disasters (including hidden risks) cannot be controlled or the costs are too much, the special measure projects shall be relocated.

Article 30 Where the geological disasters (including hidden risks) are caused by human activities such as project construction, the construction unit, proprietor or other doer that causes geological disasters shall be responsible to control. Where there is more than one responsible unit, the units shall assume their respective responsibilities. Where the responsibilities cannot be divided, the units shall assume the responsibilities jointly.

Where the geological disasters (including hidden risks) are caused by natural factors, district governments shall organize manpower to control. The expenses for control shall be dealt with according to Article 8 of the Measures.

Article 31 The district government of the place where the geological disasters occur shall be responsible for controlling the geological disasters (including hidden risks) in any of the following circumstances:

(1)Where the registration of the responsible unit has been revoked or cancelled without successors;

(2)Where the responsible unit is a natural person and such person was dead with no property left and without successors;

(3)Where the responsible unit’s whereabouts is unknown;

(4)Where the responsible unit has neither asset nor income sources, and has no capacity to control;

(5)Other circumstances where the responsibility for control cannot be ascertained.

After organizing manpower to control, the district government has the right to claim the expenses from the responsible unit.

Article 32 Based on the scientific investigation, the department of urban planning and land resources shall timely determine the existing units responsible for implementing special measure projects in accordance with the annual plan for prevention and control of geological disasters (including hidden risks).

In any of the following circumstances, the department of urban planning and land resources shall analyze the causes of geological disasters (including hidden risks) and identify the units responsible for implementing special measure projects in 5 days after discerning or receiving the application for identifying the geological disasters (including hidden risks).

(1)Geological disasters (including hidden risks) are newly found and the control is required.

(2)Existing geological disasters (including hidden risks) which fall out of the scope identified in the annual plan for prevention and control have been found necessary to be controlled after investigation.

(3)The relevant units or individuals have applied for identification of the units responsible for implementing special measure projects which have not been determined.

Where the time limit of identification needs to be extended due to complicated circumstances of geology, it shall be permitted by the person chiefly in charge of the department of urban planning and land resources. The time extended shall be less than 20 days. The statutory time for identification, investigation and so on shall not be counted.

Article 33 Where the unit responsible for implementing special measure projects disagrees with the decision made by the department of urban planning and land resources, it may apply for administrative reconsideration or directly bring administrative proceedings. During the period of administrative reconsideration or proceedings, implementation of the determination originally made shall not be suspended. The identified responsible unit shall carry out the control of geological disasters (including hidden risks) on time in accordance with the decision and relevant requirement.

Where the decision has been changed through administrative reconsideration or proceedings, the unit implementing the projects may claim the expenses from the responsible unit determined through administrative reconsideration or proceedings.

Article 34 Where the unit responsible for implementing special measure projects has been determined, the unit shall entrust the qualified units to investigate and design, work out an emergency plan and a proposal of special measure projects, include the implementation of special measure projects in the work plan, and submit the results of investigation and design to the department of urban planning and land resources.

In any of the following circumstances, the department of urban planning and land resources shall issue a letter of special measures to the unit responsible for controlling geological disasters, and make clear the content such as key points of control and time limit:

(1)The special measure project has been listed in the municipal annual plan of prevention and control of geological disasters;

(2)The unit responsible for implementing special measure projects is determined in accordance with paragraphs 2(1) and 2(2) of Article 32;

(3)The unit responsible for implementing special measures project is determined in accordance with paragraphs 2(3) of Article 32, and it is determined that the geological disasters shall be controlled or the unit responsible for implementing special measure projects has applied for control;

(4)Other necessary circumstances.

Where the unit responsible for implementing special measure projects has received a letter of specific measures, the unit shall entrust the qualified units of construction and supervision to carry out relevant activities, and apply for commencement or supervision from the departments of construction, transportation and water affairs, and other supervision departments of construction before the commence of construction of special measure projects.

Article 35 The department of construction shall approve the construction in 7 working days from the date of receipt of the written application if the special measure project does not involve projects of transportation and water affairs and meet the following conditions:

(1)The letter of specific measures has been acquired;

(2)The units responsible for investigation, design, construction and supervision meet the statutory requirement on qualification;

(3)The work plan has passed the examination by the examination institution;

(4)The construction, service contract and procurement of goods conform to the relevant municipal provisions.

As for the special measure project which is extremely large and complex, the department of construction shall complete the examination in 15 working days.

The departments of transportation and water affairs shall handle the procedures of construction or supervision formalities of special measure projects of transportation and water affairs.

Article 36 The units responsible for implementing special measure projects shall go through the formalities of quality and safety supervision in accordance with law. The quality and safety supervision authorities shall be responsible for the supervision of the quality of and safety construction of special measure projects.

The unit responsible for special measure projects shall go through the formalities of acceptance and filing in accordance with the category of the projects and the relevant provisions made by the supervision authorities which approved the construction. At completion acceptance test, the unit shall notify the department of urban planning and land resources to participate. If the test has been passed, the unit shall deliver the materials related to the completion acceptance to the department of urban planning and land resources in 30 days.

Article 37 The unit responsible for special measure projects shall carry out the daily maintenance and routine inspections of the special measure projects, discern and fix the problems timely, and report to district government and the department of urban planning and land resources.

Where, in accordance with paragraph 2 of Article 30 and Article 31 in these Measures, the district government shall be responsible for control, and the sub-district office in the administrative area shall entrust the units such as the property services unit to carry out the daily maintenance of the special measure projects according to relevant provisions on government procurement, unless it is otherwise stipulated in Article 31 that the unit responsible for special measure projects is capable of maintenance.

Chapter Six Legal Liabilities

Article 38 Where the district governments, the departments of urban planning and land resources or other competent departments, or the staff members thereof neglect their duties or perform their duties in an inappropriate way during the prevention and control of geological disasters, they shall undertake administrative liabilities. If suspected crime is involved, it shall be transferred to judicial authority.

Article 39 Where the construction unit commits any of the following acts, the department of urban planning and land resources shall order the construction unit to correct within a specified time limit. If the unit fails to make corrections in specified time, it shall be ordered to stop production, construction or usage, and concurrently be imposed a fine of 500,000 Yuan. If suspected crime is involved, it shall be transferred to judicial authority:

(1)In violation of paragraph 1 of Article 20 of these Measures, the project in areas where geological disasters are prone to occur, or areas under threat of geological disasters, before assessment of the danger thereof, is under construction and may cause special risk or great risk of geological disasters (including hidden risk).

(2)In violation of Article 23 of these Measures, the main construction has been brought into production and use before the supporting measure project passes the final acceptance test or after it fails to pass the test.

Article 40 Where any unit fails to routinely maintain the special measure projects in violation of Article 37 of these Measures, it may be ordered by the department of urban planning and land resources to make corrections within a specified time limit. If it fails to make corrections in specified time, it may be imposed of a fine of 100,000 Yuan. If there is any loss caused by the failures, the responsible unit shall be liable to compensate such loss.

Article 41 Where any unit fails to control geological disasters (including hidden risk) in violation of paragraph 1 of Article 31 of these Measures, the department of urban planning and land resources shall order the unit to control geological disasters in a specified time limit. If the unit fails to act during that time limit, the unit may be fined 500,000 Yuan; if the control fails to meet the requirement, the unit may be fined 300,000 Yuan. The district government where the department of urban planning and land resources locates may act on its behalf and has the right to claim recovery of the expenses on special measure projects.

Article 42 Where, in violation of relevant provisions of the State, any unit or person commits explosion, slope cutting, constructing or other activities that might cause geological disasters, the department of urban planning and land resources shall order the wrongdoer to stop the illegal activity, and concurrently impose a fine of 200,000 Yuan if the wrongdoer is a unit or a fine of 50,000 Yuan if the wrongdoer is an individual. If the unit or person is suspected of committing a crime, it shall be transferred to judicial authority. The unit or person shall be liable to redeem the damage caused by the activities.

Article 43 Where any unit commits the following activities in violation of relevant national provisions, the department of urban planning and land resources or other departments shall , in accordance with their functions and duties order the illegal activity to be stopped, and concurrently impose a fine of twice the fee of assessment, investigation, design or supervision agreed in the contracts on the unit engaging in assessment of the danger of geological disasters, investigation, design, supervision, or a fine of 4% of the amount of the construction fee on the construction unit. The competent department may order a business suspension for rectification and report to the authority which issued its qualification certificate and suggest the authority downgrading the level of qualification of the relevant unit. If there is illegal revenue, it shall be confiscated. If the circumstances are serious, the competent department may report to the superior authority which approved the unit’s qualification certificate to revoke such certificate. If suspected crime is involved, it shall be transferred to the judicial authority. The unit shall be liable to redeem the damage caused by the activities.

(1)Practicing frauds or deliberately covering up the actual situation of geological disasters in assessment of degree of danger of geological disasters;

(2)Practicing frauds or reducing the project quality in investigation, design, construction and supervision of the special measure projects or supporting measure projects;

(3)Contracting business of assessment of the danger of geological disasters, and investigation, design, supervision or construction of special measure projects or supporting measure projects beyond the scope of the qualification authorized or without qualification certificate.

(4)Contracting business of assessment of the danger of geological disasters, and investigation, design, supervision or construction of special measure projects or supporting measure projects in the name of other unit or allowing other unit to conduct the aforementioned work in its name.

Article 44 For misappropriation, destroying or damaging any facilities for geological disasters monitoring, special measure projects or supporting measure projects in violation of laws and regulations, the department of urban planning and land resources shall order the illegal activity to be stopped, and the original state to be restored or remedy measures to be taken within a specified time limit, and shall concurrently impose a fine of 50,000 Yuan; if suspected crime is involved, it shall be transferred to the judicial authority.

Chapter Seven Supplementary Provisions

Article 45 These Measures shall be effective as of August 1, 2012.