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TABLE OF CONTENTS CHAPTER I GENERAL PROVISIONS CHAPTER II PLANNING AND BUILDING OF EARTHQUAKE MONITORING NETWORKS CHAPTER III ADMINISTRATION OF EARTHQUAKE MONITORING NETWORKS CHAPTER IV PROTECTION ON FACILITIES FOR EARTHQUAKE MONITORING AND ENVIRONMENT FOR SEISMIC OBSERVATION CHAPTER V LEGAL LIABILITIES CHAPTER VI SUPPLEMENTARY PROVISIONS CHAPTER I GENERAL PROVISIONS Article 1. The present Regulation is formulated in accordance with the relevant provisions of the Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters for the purpose of strengthening the administration of earthquake monitoring activities and improving earthquake monitoring abilities. Article 2. The present Regulation is applicable to the planning, building and administration of earthquake monitoring networks and the protection of facilities for earthquake monitoring and environment for seismic observation. Article 3. The earthquake monitoring work is a kind of public welfare enterprise serving for economic construction, national defense construction and social development. The people's governments at or above the county level shall incorporate the work of earthquake monitoring into the national economic and social development plan of the corresponding level. Article 4. The state makes unified plans for the earthquake monitoring networks, and divides them into different levels and types for administration. Article 5. The competent department in charge of seismic work under the State Council shall be responsible for the work of supervision over and administration of the earthquake monitoring nationwide. The administrative departments or organs for seismic work under the local people's governments at or above the county level shall be responsible for the supervision over and administration of the earthquake monitoring within their own administrative districts. Article 6. The state encourages and supports the scientific research on earthquake monitoring, popularizes the application of advanced earthquake monitoring technology, and carries out international cooperation and exchange on earthquake monitoring. The relevant local people's governments shall support the building and operation of earthquake monitoring networks in the minority ethnic group regions, distant and poor areas and islands. Article 7. Any foreign organization or individual shall, when conducting earthquake monitoring activities within the territory of the People's Republic of China and other sea areas within the jurisdiction of the People's Republic of China, cooperate with the relevant departments or entities of the People's Republic of China, and be subject to the approval of the competent department in charge of seismic work under the State Council. Any organization or individual shall observe the provisions of relevant laws and regulations of the People's Republic of China when conducting the aforesaid activities, and shall not involve the state secrets and endanger the national security. CHAPTER II PLANNING AND BUILDING OF EARTHQUAKE MONITORING NETWORKS Article 8. The national earthquake monitoring networks shall consist of the state earthquake monitoring networks, the provincial earthquake monitoring networks and the earthquake monitoring networks of cities and counties. The special earthquake monitoring networks and social seismic array built by the relevant entities and individuals are a supplement to the national earthquake monitoring networks. Article 9. The principle of proper overall arrangement and sharing of resources shall be followed for the compilation of plans for earthquake monitoring networks, and attention shall be paid to the coordination between the land-use general plan and urban and rural planning. Article 10. The competent department in charge of seismic work under the State Council shall, after negotiation with the relevant departments of the State Council, formulate a general plan for national earthquake monitoring networks and the plans for state earthquake monitoring networks on the basis of the national earthquake monitoring and prediction plan, and organize to implement it. The plan for provincial earthquake monitoring networks shall be formulated by the administrative departments or organs for seismic work under the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government on the basis of the general plan for national earthquake monitoring networks and the plans for earthquake monitoring and prediction of their respective administrative districts, and shall be implemented after being reported to and approved by the people's governments at the corresponding level. The plan for earthquake monitoring networks of cities and counties shall be formulated by the administrative departments or organs for seismic work under the people's governments of cities and counties on the basis of the plan for provincial earthquake monitoring networks, and shall be implemented after being reported to and approved by the people's governments at the corresponding level. Article 11. In case there is any necessity to alter the plan for provincial earthquake monitoring networks or the plan for earthquake monitoring networks of any city or county, it shall be reported to the original approval authority for approval. Article 12. In the construction of seismic observation networks countrywide and special earthquake monitoring networks, the laws, regulations and the relevant national standards shall be followed, and the procedures for the fixed asset investment construction projects prescribed by the state shall be conformed to so as to ensure the quality of the networks. Bidding and tendering shall be implemented according to law on the building of the earthquake monitoring networks countrywide. Article 13. The facilities and software meeting the national standards and industry standards or the relevant technology requirements for earthquake monitoring shall be adopted for the building of national earthquake monitoring networks and special earthquake monitoring networks in accordance with the provisions of the competent department in charge of seismic work under the State Council. Article 14. A special earthquake monitoring network shall be built for the following construction projects: (1) The reservoir whose dam is over 100 meters in height and whose storage capacity is 500 million cubic meters, and which is likely to induce earthquake of five degrees on the Richter scale; and (2) Major construction projects of oil fields, mines, and petrol chemical industry that may induce serious secondary disasters as a result of the earthquake damage. Article 15. Strong ground motion monitoring facilities shall be set up according to the relevant state provisions in such major construction projects as the nuclear power plants, large dams of reservoirs, large bridges and transmission towers, etc.. Article 16. A construction entity shall report the conditions for the building of special earthquake monitoring networks and the strong ground motion monitoring facilities to the administrative departments or organs for seismic work under the people's governments of the provinces, autonomous regions, and municipalities directly under the Central Government for archival filing. Article 17. The state encourages to carry out earthquake monitoring by making use of the discarded oil wells, mining wells and civil air defense facilities. The corresponding safeguard measures shall be taken when making use of the discarded oil wells, mining wells and civil air defense facilities to conduct earthquake monitoring. Article 18. The construction capital and operating expenses of the national earthquake monitoring networks shall be borne by the Central Finance and local finance in light of the principle of unification between duties and financial rights. The construction capital and operating expenses for special earthquake monitoring networks and strong ground motion monitoring facilities shall be borne by the construction entities. CHAPTER III ADMINISTRATION OF EARTHQUAKE MONITORING NETWORKS Article 19. After the earthquake monitoring networks countrywide are put into operation officially, they shall not be suspended or terminated without permission; where it is necessary to suspend or terminate the state earthquake monitoring network or any of the provincial earthquake monitoring networks, it shall be subject to the approval of the competent department in charge of seismic work under the State Council; where it is necessary to suspend or terminate any of the earthquake monitoring networks of any city or county, it shall be subject to the approval of the administrative department or organ for seismic work under the people's government of the provinces, autonomous regions, and municipalities directly under the Central Government, and shall be reported to the competent department in charge of seismic work under the State Council for archival filing. In case any special earthquake monitoring network suspends or terminates operation, it shall report to the administrative department or organ for seismic work under the people's government of the province, autonomous region, and municipality directly under the Central Government at its locality for archival filing. Article 20. The competent department in charge of seismic work under the State Council and the administrative departments or organs for seismic work under the local people's governments at or above the county level shall guide the operation of the special earthquake monitoring networks and social seismic arrays. Article 21. The local people's governments at or above the county level shall provide necessary safeguards as the communications, traffic, water, electric power, and other conditions for the operation of national earthquake monitoring networks. In case the operation of national earthquake monitoring networks and special earthquake monitoring networks are affected, the local people's governments shall organize the relevant departments to take emergency measures to resume the normal operation of the earthquake monitoring networks. Article 22. The entities of testing, transmitting, analyzing, disposing, storing and submitting the earthquake monitoring information shall ensure the safety and quality of the earthquake monitoring information. Article 23. The entities administering the special earthquake monitoring networks and strong ground motion monitoring facilities shall report the earthquake monitoring information to the administrative departments or organs for seismic work under the people's government of the provinces, autonomous regions, and municipalities directly under the Central Government at their localities. Article 24. The competent department in charge of seismic work under the State Council and the administrative departments or organs for seismic work under the local people's governments at or above the county level shall strengthen professional training on staff members engaging in earthquake monitoring so as to improve their professional level. CHAPTER IV PROTECTION ON FACILITIES FOR EARTHQUAKE MONITORING AND ENVIRONMENT FOR SEISMIC OBSERVATION Article 25. The state protects the facilities for earthquake monitoring and environment for seismic observation according to law. The people's governments at the cities and counties where the facilities for earthquake monitoring are located shall strengthen the work for the protection of the facilities for earthquake monitoring and environment for seismic observation. Any entity or individual shall have the duty to protect the facilities for earthquake monitoring and environment for seismic observation according to law, and have the right to report acts of endangering or destroying facilities for earthquake monitoring and environment for seismic observation. Article 26. No one may occupy, dismantle, or destroy the following facilities for earthquake monitoring: (1) Apparatus, equipments and devices for earthquake monitoring; (2) Caves and observation wells or springs for the use of earthquake monitoring; (3) Houses for the use of the centers for earthquake monitoring networks, relay stations, and telemeter seismic spots; (4) Earthquake monitoring signs; (5) Wireless communications frequency range, channels and communications facilities used specially for earthquake monitoring; (6) Facilities of power supply and water supply used for earthquake monitoring. Article 27. The scope of protection on the environment for seismic observation shall be defined according to the requirements that around the facilities for earthquake monitoring there shall be no jamming source that may affect the work efficiency. The specific scope of protection shall be defined by the administrative departments or organs for seismic work under the people's governments at or above the county level together with other relevant departments on the basis of the minimum distance prescribed by the relevant national standards. In case the relevant national standards have no provisions on the minimum distance for the protection of the facilities for earthquake monitoring, the minimum distance shall be determined by the administrative departments or organs for seismic work under the people's governments at or above the county level through on-site measurement on the basis of the testing methods and computation formula prescribed in the relevant national standards. Article 28. No one may engage in any of the following activities within the defined scope of protection on the environment for seismic observation except in the construction activities prescribed in Article 32 and 33 of the present Regulation according to law: (1) Demolishing, mining, quarrying, well drilling, pumping, or water flooding; (2) Setting up wireless signal launching devices within the scope of protection on the environment for seismic observation, making operation on ground motion, and reciprocating mechanic movement; (3) Paving metal pipelines, electronic power or cable lines, piling up magnetic goods and setting up high-frequency electromagnetic radioactive installations within the scope of protection on the environment for electromagnetic observation; (4) Making operation of ground motion within the scope of protection on the environment for varied topography observation; (5) Piling up and burying rubbish and making sewage disposal within the scope of protection on environment for underground liquid observation; (6) Setting up barriers around the observation lines and observation signs or moving seismic observation signs without permission. Article 29. The administrative departments or organs for seismic work under the local people's governments at or above the county level shall, together with the relevant departments, set up protection signs near the facilities for earthquake monitoring, indicating the requirements for facilities for earthquake monitoring and environment for seismic observation. Article 30. The administrative departments or organs for seismic work under the local people's governments at or above the county level shall report the place of deployment and the scope of protection on facilities for earthquake monitoring within their own administrative districts to the local people's government, and circulate a report to the public security organs and the departments of land and resources, urban and rural planning and surveying and drawing of the corresponding level. Article 31. The requirements for the protection of facilities for earthquake monitoring and environment for seismic observation shall be taken into consideration in the land-use general plan and urban and rural planning. Article 32. The relevant standards for the protection of environment for seismic observation such as the earthquake prospecting, electromagnetic, or topographic changes or liquid, etc. shall be followed for newly built, expanded or reconstructed construction projects, so as to avoid the danger caused to the facilities for earthquake monitoring and the environment for seismic observation. For the construction projects within the scope of protection on the environment for seismic observation, the competent departments of urban and rural planning of the local people's governments at or above the county level shall, before approving the position paper for choosing the address, solicit opinions of the administrative departments or organs for seismic work of the people's governments at the corresponding level, who shall then give feedback opinions within 10 days. Article 33. Where, during the construction of state key projects, it is unavoidable to disrupt the facilities for earthquake monitoring or the environment for seismic observation, the construction entities shall not carry out construction until they have established an additional anti-jamming facilities or new facilities for earthquake monitoring in light of the requirements of the administrative departments or organs for seismic work under the local people's governments at or above the county level. Where there is necessity to establish a new facility for earthquake monitoring, the administrative departments or organs for seismic work under the local people's governments at or above the county level may require the dismantlement of the original facility for earthquake monitoring after the newly built facility for earthquake monitoring has operated normally for one year. The expenses needed for the measures prescribed in paragraph 1 and 2 of this Article shall be borne by the construction entities. CHAPTER V LEGAL LIABILITIES Article 34. In case any staff member of the competent department in charge of seismic work under the State Council or of the administrative departments or organs for seismic work under the local people's governments at or above the county level, who fails to perform the duty of supervision and administration in violation of the present Regulation, or fails to investigate into or punish any of the illegal acts he finds out or has other acts of abusing rights, derelict of duty, or seeking private gains by illegal means or any other malpractices, which constitute a crime, he shall be subject to criminal liabilities according to the relevant provisions of the criminal law; if the act does not constitute a crime, an administrative punishment shall be imposed upon the person-in-charge and other persons directly liable according to law. Article 35. In case anyone violates the provisions of the present Regulation, and has one of the following acts, the competent department in charge of seismic work under the State Council or the administrative departments or organs for seismic work under the local people's governments at or above the county level shall order it/him to correct, and demand it/him to take corresponding remedial measures, and the person-in-charge and other persons directly liable shall be given an administrative punishment according to law: (1) Failing to build the earthquake monitoring networks according to the relevant laws and regulations as well as the relevant national standards; (2) Failing to adopt the facilities and software for earthquake monitoring in accordance with the provisions of the competent department in charge of seismic work under the State Council; or (3) Suspending or terminating the operation of earthquake monitoring networks without permission. Article 36. In case any of the acts listed in Article 26 or 28 of the present Regulation occurs, the competent department in charge of seismic work under the State Council or the administrative departments or organs for seismic work under the local people's governments at or above the county level shall give the offender warnings or order him / it to stop the illegal acts, and impose a fine of less than RMB 5,000 Yuan in the case of an individual, or a fine of RMB 20,000 Yuan up to RMB 100,000 Yuan in the case of an entity; if a crime is committed, it / he shall be subject to criminal liabilities according to law; if it causes any damages, it shall undertake compensation liabilities. Article 37. In case a construction entity, who violates any of the provisions of the present Regulation when going for construction activities, fails to build additional anti-jamming facilities or build new facilities for earthquake monitoring as required, which result in any damage to the facilities for earthquake monitoring or the environment for seismic observation, the competent department in charge of seismic work under the State Council or the administrative departments or organs for seismic work under the local people's governments at or above the county level shall order it to correct, rehabilitate within a prescribed time limit or take corresponding supplementary measures; if the circumstances are serious, it shall be fined according to the provisions of Article 43 of the Law of the People's Republic of China on Protecting Against and Mitigating Earthquake Disasters; if it constitutes a crime, it shall be subject to criminal liabilities according to law; if it causes any damage, it shall undertake the compensation liabilities according to law. Article 38. In case any foreign organization or individual, who violates the provisions of the present Regulation, carries out earthquake monitoring activities in the territory of the People's Republic of China or other sea areas within the jurisdiction of the People's Republic of China, the competent department in charge of seismic work under the State Council shall order it/him to stop the illegal acts, confiscate the monitoring results and monitoring facilities, and meanwhile impose a fine of RMB 10,000 Yuan up to RMB 100,000 Yuan; if the circumstances are serious, it/he shall be fined RMB 100,000 Yuan up to RMB 500,000 Yuan. CHAPTER VI SUPPLEMENTARY PROVISIONS Article 39. The administration of volcano monitoring shall be implemented by referring to the present Regulation. Article 40. The present Regulation shall come into force as of September 1, 2004. The Regulation on the Protection of Facilities for Earthquake Monitoring and Environment for Seismic Observation, which was promulgated by the State Council on January 10, 1994, shall be repealed simultaneously. |
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