The maritime administrative agency shall be responsible for the supervision and management of maritime traffic safety involved in the temporary use of the sea for sand mining in the sea area. The public security organ shall be responsible for the public security management of the temporary use of the sea for sand mining in the sea area.
Land and resources, ports, waterways and other departments shall, within the scope of their respective duties, implement the management of temporary sea use for sand mining in sea areas according to law. Article 5 Temporary sand mining in the following sea areas is prohibited, except for the construction and dredging of navigation channels and anchorages:
(1) Important fish migration routes, feeding grounds, wintering grounds, spawning grounds and habitats;
(two) marine aquatic animal and plant breeding areas and aquatic germplasm conservation zone;
(3) Marine nature reserves, special marine reserves and marine shelterbelts;
(four) sand mining may endanger the safety of docks, sea-crossing bridges, coastal roads, seawalls, submarine cables and other sea-related projects;
(5) Other sea areas as stipulated by laws and regulations.
The specific scope of the temporary use of the sea prohibited by the provisions of the preceding paragraph shall be delineated by the people's governments of districts and cities according to law and announced to the public. Article 6 Units and individuals applying for temporary use of the sea for sand mining in the sea area shall apply to the maritime administrative department of the Municipal People's Government with coastal districts and submit the following written materials:
(a) an application for temporary sea use for sand mining in the sea area, including the applicant's name, sea use location, area, time limit, operation mode, etc., with charts attached;
(2) Credit certification materials, including identity certificate and capital certificate, in which the identity certificate of the legal representative is submitted for the application of the unit, and the identity certificate of the individual is submitted;
(3) materials for sea area use demonstration and marine environmental impact assessment.
Temporary sea use for sand mining across the administrative area of a city divided into districts adjacent to the sea area shall apply to the marine administrative department of the provincial people's government. Article 7 The maritime administrative department of the people's government of a city or province divided into districts shall, within 20 days from the date of receiving the application, put forward the examination opinions according to law and report them to the people's government at the same level for approval.
The maritime administrative department of the people's government of a city or province divided into districts shall solicit the opinions of relevant departments and institutions such as maritime affairs, port and shipping management institutions when examining the application for temporary use of the sea by sand mining in the sea area; The relevant departments and institutions shall give written feedback within 5 days. If no feedback is given within the time limit, it shall be deemed as consent.
After the temporary use of the sea for sand mining in the sea area is approved according to law, the applicant shall go through the registration formalities with the maritime administrative department of the people's government of the city or province divided into districts, pay the sea area use fee according to law, and obtain a temporary sea area use certificate. Eighth temporary sea sand mining should be demonstrated, and the marine environmental impact assessment.
The demonstration report on the use of sea areas and the marine environmental impact assessment materials can be compiled together, and the marine administrative department will organize a one-time review, and the review results will be reported to the environmental protection administrative department of the people's government at the same level for the record. Article 9 In case of sand mining and temporary use of the sea in navigable sea areas, the ship shall go through the examination and approval procedures for above-water and underwater construction operations with the maritime administrative agency in accordance with the law, and abide by the rules and regulations and operating procedures related to maritime traffic safety. The maritime administrative agency shall timely issue navigational warnings and navigational notices. Tenth without obtaining the certificate of the right to use the temporary sea area according to law, it is not allowed to use the sea temporarily for sand mining in this sea area.
Those who engage in sand mining and temporary sea use in the sea area shall use the sea area in accordance with the provisions of the certificate of temporary sea area use right. Article 11 If the certificate of temporary sea area use right expires, or the certificate of temporary sea area use right has not expired, but the conditions and environment have changed, and the marine administrative department of the people's government of the sea area that originally approved the temporary use of sand mining in the sea area organized a demonstration, which is not suitable for continued use, the certificate of temporary sea area use right shall be recovered and cancelled by the original approving authority according to law. Article 12 The maritime administrative department of the coastal people's government at or above the county level shall establish a cooperation mechanism with the departments of public security, land resources, ports, waterways, supervision and administration of production safety and maritime administrative agencies, and carry out joint law enforcement inspections on a regular basis. If illegal acts are found, the relevant departments or institutions shall handle them according to their respective responsibilities. Article 13 If anyone, in violation of the provisions of Article 10 of these measures, temporarily uses sand in the sea area without obtaining the certificate of temporary sea area use right, or fails to use sand in the sea area in accordance with the provisions of the certificate of temporary sea area use right, the marine administrative department of the coastal people's government at or above the county level shall order him to stop the illegal act according to law and impose a fine of more than 654.38 million yuan but less than 30,000 yuan.
In violation of the provisions of these measures, laws and regulations have been punished, from its provisions. Article 14 The marine administrative department of the coastal people's government at or above the county level, its marine monitoring agency and other relevant administrative departments shall give sanctions to the principal responsible person, the directly responsible person in charge and other directly responsible personnel of the illegal unit under any of the following circumstances by the superior administrative department or the supervisory organ according to law:
(a) in violation of the provisions of these measures, unauthorized issuance of temporary sea area use right certificates for sand mining in sea areas;
(2) Failing to make a decision on approval within the time limit prescribed in these Measures;
(three) found illegal acts will not be investigated;
(four) dereliction of duty, abuse of power, corruption and other illegal acts.