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REGULATION ON THE PREVENTION AND CONTROL OF GEOLOGIC DISASTERS
 
(Order of the State Council of the People's Republic of China (No. 394), November 24, 2003: 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)
     
     
SUBJECT : GEOLOGIC DISASTERS
ISSUING DEPARTMENT : THE STATE COUNCIL OF THE PEOPLE'S REPUBLIC OF CHINA
ISSUE DATE : 11/24/2003
IMPLEMENT DATE : 03/01/2004
LENGTH : 5,393 words
TEXT :
TABLE OF CONTENTS

CHAPTER I GENERAL PROVISIONS
CHAPTER II PLANNING ON PREVENTION AND CONTROL OF GEOLOGIC DISASTERS
CHAPTER III PREVENTION OF GEOLOGIC DISASTERS
CHAPTER IV EMERGENCY RESPONSE IN CASE OF GEOLOGIC DISASTERS
CHAPTER V CONTROL OF GEOLOGIC DISASTERS
CHAPTER VI LEGAL LIABILITIES
CHAPTER VII SUPPLEMENTARY PROVISIONS


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 disasters related to geologic effects such 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; and

(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.


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; and

(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, etc. at the same level, and according to the planning on prevention and control of geologic disasters, draft an annual proposal on prevention and control of geologic disasters, and submit it to the people's government at the same level for promulgation after approval.

An annual proposal on prevention and control of geologic disasters shall include the following contents:

(1) layout of the main disastrous points;

(2) objects and scope under threat of geologic disasters;

(3) key prevention periods;

(4) measures for prevention and control of geologic disasters; and

(5) persons responsible for monitoring and preventing geologic disasters.


Article 19. An area or section where the precursor of a geologic disasters occurs and might result in casualties or heavy property losses shall be designated by the people's government at the county level in time as an area with geologic disaster danger, and be announced accordingly. Moreover, an eye-catching warning mark shall be set up at the boundary of the area with geologic disaster danger.

Within an area with geologic disaster danger, it is prohibited to carry out blasts, to peel the slope, to undertake project construction, or to engage in any other activity that might cause a geologic disaster.

The people's government at the county level or above shall organize relevant organs to take timely measures of engineering control, of move or of avoidance to guarantee the safety of the lives and properties of the residents within the area with geologic disaster danger.


Article 20. Where a geologic disaster danger has been eliminated or effectively controlled, the people's government at the county level shall timely cancel the originally designated area with geologic disaster danger, and make an announcement accordingly.


Article 21. If intending to undertake project construction within an area where geologic disasters are ready to occur, the undertaker shall make an evaluation on the geologic disaster danger during the stage of feasibility study, and consider the evaluation result as a component part of the feasibility study report; a feasibility study report which does not contain the result from evaluation of the geologic disaster danger shall not be approved.

Whoever works out an overall urban planning, or a village or town planning for an area where geologic disasters are ready to occur shall make evaluation of the geologic disaster danger of the planned area.


Article 22. The State applies an eligibility administration system to the entities engaging in the evaluation of geologic disaster dangers. A geologic disaster danger evaluation entity shall meet the following conditions, and may engage in the evaluation of geologic disaster dangers within the scope permitted by the eligibility grade only after it has been acknowledged to be eligible upon examination by the administrative organ of land resources under the people's government at the provincial level or above, and has obtained the eligibility certificate of corresponding grade issued by the administrative organ of land resources:

(1) Having the independent status of a legal person;

(2) Having a certain number of technicians specialized separately in engineering geology, environmental geology, geotechnical engineering, etc.; and

(3) Having corresponding technical equipment.

A geologic disaster danger evaluation entity shall, when making an evaluation, appraise the possibility of the danger caused by geologic disasters to the construction project and the possibility of occurrence of geologic disasters during and after the completion of the project construction, propose specific prevention and control measures, and be responsible for the evaluation result.


Article 23. Any geologic disaster danger evaluation entity is prohibited to undertake evaluation of geologic disaster danger in excess of the scope permitted by its eligibility grade or in the name of any other geologic disaster danger evaluation entity.

Any geologic disaster danger evaluation entity is prohibited to permit any other entity to undertake evaluation of geologic disaster danger in its own name.

Any entity or individual is prohibited to forge, alter or trade in eligibility certificates for evaluation of geologic disaster dangers.


Article 24. A geologic disaster control project shall be built up to support the construction projects which are evaluated to be possible to cause a geologic disaster or possible to suffer from a geologic disaster danger. The design, construction and acceptance inspection of a geologic disaster control project shall be carried out simultaneously with the design, construction and acceptance inspection of the principal project.

Where the supporting geologic disaster control project is not inspected or is found to be unqualified, the principal project shall not be put into production or use.



CHAPTER IV EMERGENCY RESPONSE IN CASE OF GEOLOGIC DISASTERS

Article 25. 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, draft an emergency response plan against unexpected geologic disasters nationwide, which shall be submitted to the State Council for approval and promulgation.

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, draft an emergency response plan against unexpected geologic disasters within its own jurisdiction, which shall be submitted to the people's government at the same level for approval and promulgation.


Article 26. An emergency response plan against unexpected geologic disasters shall include the following contents:

(1) division of duties of the emergency response institution and other relevant departments;

(2) the rescuers' arrangements and their preparations on emergency response, rescuing equipment, funds, and materials;

(3) grades of geologic disasters, and preparation for analysis on impacts;

(4) procedures for investigating, reporting and handling geologic disasters;

(5) guaranty of pre-warning signals and emergency response communication in case of any geologic disaster; and

(6) route of withdrawal or transfer of persons and properties, as well as emergency response plan in respect of medical treatment, disease control, etc.


Article 27. In case of any particularly large or large geologic disaster, the relevant people's government of the province, autonomous region, or municipality directly under the Central Government shall form a commanding institution for emergency rescue and geologic disaster relief. When necessary, the State Council may form a commanding institution for emergency rescue and geologic disaster relief.

In case of any other geologic disaster or geologic disaster danger, the relevant city or county people's government may, in light of the needs in emergency rescue and geologic disaster relief, form a commanding institution for emergency rescue and geologic disaster relief.

The commanding institution for emergency rescue and geologic disaster relief shall be under the charge of the government leaders and be composed of members from relevant organs. It shall, under the leadership of the people's government at the same level, uniformly command and arrange for emergency rescue and geologic disaster relief.


Article 28. An entity or individual who finds any geologic disaster danger or disaster situation shall immediately report to the local people's government or the administrative organ of land resources. Any other organ or primary autonomous mass organization shall, once receiving the report, immediately transmit the information to the local people's government.

The local people's government or the administrative organ of land resources under the people's government at the county level shall, after receiving the report, immediately send persons to the spot to make on-the-spot investigation, and to take effective measures to prevent the disaster from occurring or the disaster situation from extending, and shall also, in accordance with the provisions of the administrative organ of land resources under the State Council on reporting situation of geologic disasters by grade, report to the people's government at the higher level and the administrative organ of land resources thereunder.


Article 29. The local people's government and the primary autonomous mass organizations who have received the report on geologic disaster danger shall, in light of the actual circumstance, timely mobilize the residents who suffer from geologic disaster threats and other people to move to a safe area; if the circumstance is emergent, it may arrange compulsorily for avoidance of the disaster or evacuate the people.


Article 30. After a geologic disaster occurs, the people's government at the county level or above shall initiate and arrange for the implementation of corresponding emergency response plan against unexpected geologic disasters. The relevant local people's government shall timely report the information such as the disaster situation and the development trend thereof to the people's government at the higher level.

It is prohibited to conceal, falsely declare, or incite others to conceal or falsely declare geologic disaster situation.


Article 31. The relevant organs under the people's government at the county level or above shall, according to the division of work in the emergency response plan against unexpected geologic disasters, do a good job in the emergency response accordingly.

The administrative organ of land resources shall, jointly with the organs of construction, water conservancy, traffic, etc. at the same level, find out as soon as possible the causes of the geologic disaster, the scope of impact and other details, render measures for emergency response and damage control, as well as mitigate and control the geologic disaster situation.

The organs of civil affairs, sanitation, food and drug administration, commerce, and public security shall timely set up asylums and relief materials supply points, appropriately arrange the daily life of the disaster victims, do well in medical treatment and rescue, sanitation, epidemic prevention, medicine supply, and public security; the weather administration shall do well in weather service guaranty; the organs for communications, aviation, railways, and traffic shall guarantee smooth communication of emergency response to the geologic disaster, as well as the carriage of relief materials, equipment, medicine and food.


Article 32. In light of the needs in handling emergency response to a geologic disaster, the people's government at the county level or above shall urgently assemble persons, dispatch materials, means of transport, relevant facilities and equipment; and may, when necessary, take measures of traffic control, etc. within the area of emergency rescue and disaster relief in light of specific needs.

Where, due to disaster relief, the aforementioned government temporarily dispatches any materials, facilities or equipment which belongs to an entity or individual, or occupies the house or land of such entity or individual, it shall return them in time after the relief; if such materials, facilities or equipment is unable to be returned or any loss is caused, it shall make indemnity to the entity or individual accordingly.


Article 33. A local people's government at the county level or above shall, in light of the geologic disaster situation and the needs in prevention and control of the geologic disaster, make an overall planning, and arrange for the rebuilding of the disastrous area.



CHAPTER V CONTROL OF GEOLOGIC DISASTERS

Article 34. Where, due to a natural factor, a particularly large geologic disaster is caused, and needs to be controlled indeed, the administrative organ of land resources under the State Council shall, jointly with the people's government of the province, autonomous region, or municipality directly under the Central Government at the locality where the disaster occurs, arrange for the control.

Where, due to a natural factor, any other geologic disaster is caused, and needs to be controlled indeed, the administrative organ of land resources under the people's government at the very level shall, under the leadership of the local people's government at the county level or above, arrange for the control.

Where, due to a natural factor, any trans-jurisdictional geologic disaster is caused, and needs to be controlled indeed, it shall be controlled under joint arrangement of the two administrative organs of land resources under the local people's governments covering the jurisdiction.


Article 35. With respect to a geologic disaster caused from a human activity like project construction, etc., the liable entity shall bear the control liability.

The liable entity shall be ascertained after the administrative organ of land resources under the people's government at the county level or above at the locality where the geologic disaster occurs has organized experts to have analyzed and demonstrated the causes of the geologic disaster.

Whoever has any objection against the ascertainment result of the control liability for the geologic disaster may apply for administrative reconsideration or initiate an administrative litigation in accordance with the law.


Article 36. The determination of a geologic disaster control project shall be suitable for the reason of the geologic disaster, the scale, the safety of people's lives and properties, and the extent of danger.

An entity undertaking the survey, design, construction or supervision of a special geologic disaster control project shall meet the following conditions, and may engage in the survey, design, construction or supervision of geologic disaster control projects within the scope permitted by the eligibility grade only after it has been acknowledged to be eligible upon examination by the administrative organ of land resources under the people's government at the provincial level or above, and has obtained the eligibility certificate of the corresponding grade issued by the administrative organ of land resources; in addition, it shall bear corresponding liabilities:

(1) Having an independent status of legal person;

(2) Having a certain number of technicians specialized separately in hydrogeology, environmental geology, engineering geology, etc.;

(3) Having corresponding technical equipment; and

(4) Having a good project quality management system.

The survey, design, construction and supervision of geologic disaster control projects shall meet the relevant national standards and technical criteria.


Article 37. Any entity for survey, design, construction or supervision of geologic disaster control projects is prohibited to undertake the business of survey, design, construction or supervision of geologic disaster control projects in excess of the scope permitted by its eligibility grade or in the name of any other entity for survey, design, construction or supervision of geologic disaster control projects.

Any entity for survey, design, construction or supervision of geologic disaster control projects is prohibited to permit any other entity to undertake the business of survey, design, construction or supervision of geologic disaster control projects in its name.

Any entity or individual is prohibited to forge, alter or trade in the eligibility certificates for survey, design, construction or supervision of geologic disaster control projects.


Article 38. Upon completion of a government-invested geologic disaster control project, the administrative organ of land resources under the people's government at the county level or above shall arrange for acceptance inspection. Upon completion of any other geologic disaster control project, the responsible entity shall arrange for acceptance inspection; the administrative organ of land resources shall take part in the acceptance inspection upon completion.


Article 39. After a government-invested geologic disaster control project has been inspected upon completion and found to be qualified, the entity designated by the administrative organ of land resources under the people's government at the county level or above shall be responsible for managing and maintaining the project; after any other geologic disaster control project has been inspected upon completion to be qualified, the entity in charge of control shall be responsible for managing and maintaining the project.

No entity or individual shall misappropriate, destroy or damage any facilities for geologic disaster control projects.



CHAPTER VI LEGAL LIABILITIES

Article 40. Where a relevant local people's government at the county level or above, an administrative organ of land resources or any other relevant organ violates the present Regulation by committing any of the following acts, the directly responsible person in charge and other directly liable persons shall be imposed upon the administrative sanction of degradation or discharge from post in accordance with the law; if he causes a geologic disaster and thus resulting in casualties or heavy property losses, he shall be imposed upon the administrative sanction of dismissal in accordance with the law; if a crime is constituted, he/it shall be subject to criminal liabilities in accordance with the law:

(1) Failing to comply with the provisions to work out an emergency response plan against unexpected geologic disasters, or failing to comply with the requirements in the emergency response plan against unexpected geologic disasters to take relevant measures and perform relevant obligations;

(2) Failing to, when working out an overall urban planning on an area where geologic disasters are ready to occur, or a village or town planning, comply with the provisions to evaluate the geologic disaster danger in the planned area;

(3) Approving a feasibility study report containing no evaluation result on geologic disaster danger;

(4) Concealing, falsely declaring, or inciting others to conceal or falsely declare geologic disaster situation, or discretionally announcing geologic disaster forecast;

(5) Issuing to an ineligible entity an eligibility certificate for evaluation of geologic disaster danger or an eligibility certificate for survey, design, construction or supervision of geologic disaster control projects; or

(6) Having other acts of neglecting duties in the prevention and control of geologic disasters.


Article 41. Where any construction entity violates the present Regulation by committing any of the following acts, it shall be ordered by the administrative organ of land resources under the local people's government at the county level or above to correct within a time limit; if it does not make the correction within the time limit, it shall be ordered to cease the production, construction or use, and be imposed upon a fine of 100,000 Yuan up to 500,000 Yuan; if a crime is constituted, it shall be subject to criminal liabilities in accordance with the law:

(1) Failing to comply with the provisions to evaluate the geologic disaster danger for the construction projects within an area where geologic disasters are ready to occur; or

(2) At the time when the supporting geologic disaster control project has not been inspected or is inspected to be unqualified, the principal project has been put into production or use.


Article 42. Whoever violates the present Regulation by not harness the geologic disaster caused from a human activity such as project construction, etc., shall be ordered by the administrative organ of land resources under the people's government at the county level or above to harness it within a time limit; if it fails to resolve it within the time limit or its control fails to conform to the requirements, the administrative organ of land resources that ordered the resolution within the time limit shall arrange for the resolution, with the necessary expenses to be borne by the liable entity, and a fine of not less than 100,000 Yuan but not more than 500,000 Yuan shall be imposed; if the liable entity causes any loss to others, it shall bear the indemnity liability in accordance with the law.


Article 43. Whoever violates the present Regulation by carrying out blasts, peeling the slope, undertaking project construction, or engaging in any other activity that might cause a geologic disaster within an area with geologic disaster danger, shall be ordered by the administrative organ of land resources under the local people's government at the county level or above to stop the illegal acts, and be imposed upon a fine of 50,000 Yuan up to 200,000 Yuan if it is an entity, or a fine of not less than 10,000 Yuan but not more than 50,000 Yuan if he is an individual; if a crime is constituted, he/it shall be subject to criminal liabilities in accordance with the law; and if he/it causes any loss to others, it/he shall bear the indemnity liability in accordance with the law.


Article 44. Whoever violates the present Regulation by committing any of the following acts, shall be ordered by the administrative organ of land resources or other organ under the people's government at the county level or above upon its duties to stop the illegal acts; if the violator is an entity for evaluation of geologic disaster danger, or an entity for survey, design or supervision of geologic disaster control projects, it shall be imposed upon a fine of not less than 1 time but not more than twice the evaluation fee, survey fee, design fee or supervision commission stipulated in the contract; while if the violator is a geologic disaster control project construction entity, it shall be imposed upon a fine of not less than 2% but not more than 4% of the construction price; in addition, the violator may be ordered to cease its business for rectification, and its eligibility may be degraded; if it has any illegal proceeds, such illegal proceeds shall be confiscated; if the circumstance is serious, its eligibility certificate shall be revoked ; if a crime is constituted, it shall be subject to criminal liabilities in accordance with the law; if it causes any loss to others, it shall bear the indemnity liability in accordance with the law:

(1) Practicing frauds in the evaluation of geologic disaster danger or intentionally concealing genuine information on geologic disasters;

(2) Practicing frauds or lowering the project quality in survey, design, construction or supervision of geologic disaster control projects;

(3) Undertaking the evaluation of geologic disaster danger or the business of survey, design, construction or supervision of geologic disaster control projects without an eligibility certificate or in excess of the scope permitted by its eligibility grade; or

(4) Undertaking the evaluation of geologic disaster danger or the business of survey, design, construction or supervision of geologic disaster control projects in the name of another entity, or permitting any other entity to do so in the name of the first mentioned entity.


Article 45. Where any entity violates the present Regulation by forging, altering, or trading in the eligibility certificate for evaluation of geologic disaster danger or the eligibility certificate for survey, design, construction or supervision of geologic disaster control projects, its eligibility certificate shall be confiscated or revoked by the administrative organ of land resources under the people's government at the provincial level or above, its illegal proceeds be confiscated, and a fine of not less than 50,000 Yuan but not more than 100,000 Yuan shall be imposed in addition; if a crime is constituted, he/it shall be subject to criminal liabilities in accordance with the law.


Article 46. Whoever violates the present Regulation by misappropriating, destroying or damaging any facilities for monitoring geologic disasters or any facilities for geologic disaster control projects, shall be ordered by the administrative organ of land resources under the local people's government at the county level or above to stop the illegal acts, and to restore the said facilities into their original state or take relief measures within a time limit, and may be imposed upon a fine of 50,000Yuan in addition; if a crime is constituted, he/it shall be subject to criminal liabilities in accordance with the law.



CHAPTER VII SUPPLEMENTARY PROVISIONS

Article 47. The geologic data formed in the prevention and control of geologic disasters shall be collected and submitted in accordance with the "Regulation on the Administration of Geologic Data".


Article 48. The prevention and mitigation of earthquake disasters shall be carried out in accordance with the provisions in the laws and regulations on prevention and mitigation of earthquake disasters.

The provisions, if any, in flood-prevention laws and regulations on prevention and control of landslip, landslide, mud-rock flow caused by floods, shall be complied with.


Article 49. The present Regulation shall come into force on March 1, 2004.
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