Xinhua News Agency, October 21,2015
A reporter learned from the Ministry of Water Resources (MWR) that to strengthen the punishment for illegal sand mining, Wang Zhi, Deputy Director-General of the Legal Affairs Department of the MWR, stated that the MWR will further advance the work of "criminalizing illegal sand mining". The judicial interpretation will incorporate serious illegal acts of illegal sand mining in river courses into the scope of criminal sanctions for illegal mining and destructive mining, and is expected to be released by the end of this year or next year.
Zu Leiming, an Inspector for Construction Management of the MWR, noted that currently, China lacks a national legal basis for river sand mining management, and illegal mining activities by "unlicensed, unregistered, and uninspected" (three-no) vessels often occur. According to the provisions of the Regulations on the Administration of Sand Mining in the Yangtze River Course, the maximum fine for illegal sand mining is only 300,000 yuan. Compared with the huge profits from illegal sand mining, the fine is far from sufficient to offset the illegal gains. An effective connection mechanism between administrative penalties and criminal sanctions has not yet been established, making it difficult to deter illegal sand miners.
Zu Leiming indicated that in July this year, the MWR, the Ministry of Land and Resources, and the Ministry of Transport jointly issued the Notice on Further Strengthening the Administration of River Sand Mining, which further promoted cooperation among the three ministries in sand mining management. To further deepen the cooperation mechanism for sand mining management in the Yangtze River course, the relevant responsibilities of various departments including water conservancy, transportation, and public security have been clarified, and the system of administrative leadership responsibility of local people's governments for sand mining management has been implemented. A management system featuring unified management and level-by-level accountability has been formed to severely crack down on illegal sand mining activities.
The management of sand mining in the Yangtze River course is crucial to flood control safety, river regime stability, and navigation safety, as well as to the overall situation of the Yangtze River's governance, development, and protection and the smooth implementation of the Yangtze River Economic Belt development strategy. In the late 1990s and early 2000s, unregulated and reckless sand mining was rampant in the middle and lower reaches of the Yangtze River. To curb this chaotic situation, the State Council promulgated the Regulations on the Administration of Sand Mining in the Yangtze River Course in 2001, which officially came into force on January 1, 2002.
"At present, the overall management of sand mining in the Yangtze River course is under control," Zu Leiming said. Currently, large-scale illegal mining by large vessels in the main stream of the Yangtze River during the daytime has been eliminated, but sporadic illegal mining by small boats at night still exists, and illegal mining incidents occur from time to time in some river sections.
In recent years, the MWR, in collaboration with relevant departments, has always maintained a high-pressure crackdown on illegal sand mining. However, due to the wide coverage, numerous spots, and long stretches involved in the management of sand mining in the Yangtze River course, coupled with the high mobility of illegal sand mining activities, law enforcement and supervision face relatively great difficulties. "The issuance of the judicial interpretation on criminalizing illegal sand mining is of great significance for cracking down on illegal sand mining in river courses," Zu Leiming emphasized.
It is reported that the MWR is currently advancing the formulation of the Sand Mining Plan for the Main Stream of the Middle and Lower Reaches of the Yangtze River (2016-2020) and sand mining plans for major national rivers. These efforts aim to actively provide technical support for guiding orderly sand mining, strengthening supervision, and strictly controlling the total amount of sand mining.
