rules of guangzhou municipality on prevention and control of geologic hazards  广州市司法局网站-凯发k8官方

　　(issued on february 5, 2024in accordance with decree no. 205 of the people's government of guangzhou municipality and put into effect on april 1, 2024)

　　chapter i   general provisions

　　article 1     these rules are formulated in accordance with the provisions of emergency response law of the people’s republic of china, regulations on the prevention and control of geologic hazards, regulations of guangdong province on emergency response and other relevant provisions, on the basis of the actual conditions of this municipality and with a view to effectively preventing and controlling geologic hazards, avoiding and reducing losses caused by geologic hazards, effectively safeguarding the safety of people’s lives and property and promoting sustainable economic and social development.

　　article 2     these rules shall apply to the prevention and control of geologic hazards within the administrative area of this municipality.

　　if there are otherwise provisions of laws and regulations on the prevention and mitigation of earthquake disasters, the prevention and control of collapse, landslide and debris flow caused by flood, such provisions shall prevail.

　　in case of production safety accidents or safety hazards concerning slope engineering, underground engineering, artificial filling construction engineering and municipal and pipeline engineering, the provisions of laws, regulations, standards and technical specifications on construction, transportation, water conservancy and the like shall apply.

　　article 3     the term “prevention and control of geologic hazards” herein include the prevention, emergency response and control of geologic hazards:

　　(1) prevention, including, inter alia, the preparation of plans and schemes for prevention and control of geologic hazards, the construction of information management platforms, forecast and pre-warning of geologic hazard meteorological risk, general investigation and regular surveillance of geologic hazards, hazard assessment, professional surveillance and monitoring, mass observation and prevention, technical consultation, publicity, training, and drills;

　　(2) emergency response, including identification of the causes of geologic hazards/risks, emergency investigation and assessment, emergency surveying and mapping, emergency exploration, emergency design, emergency disposal or other emergency response actions;

　　(3) control, including specialized control of existing geologic hazards, supporting prevention and control of geologic hazards concerning construction, reconstruction and extension projects and project maintenance.

　　article 4     in the prevention and control of geologic hazards, the principles of overall planning, prevention in the first place, giving priority to avoidance and comprehensive prevention and control shall be followed.

　　the prevention and control of geologic hazards shall adhere to the principles of “the one in charge shall be held accountable”, territorial management, hierarchical responsibility, collaboration among functional departments and public engagement.

　　article 5     the municipal and district people’s governments shall strengthen their leadership in the prevention and control of geologic hazards within their respective administrative areas, incorporate the work related to prevention and control of geologic hazards into their national economic and social development plans, establish a mature leadership accountability system for the work related to prevention and control of geologic hazards, organize relevant authorities to effectively implement the work related to prevention and control of geologic hazards and include funds for prevention and control of geologic hazards into their respective financial budgets.

　　the town people’s governments and subdistrict offices shall fulfill their respective tasks to organize and implement the work related to prevention and control of geologic hazards within their respective administrative areas. the villagers’ committees and residents’ committees shall assist the town people’s governments, subdistrict offices and relevant authorities in carrying out the work related to prevention and control of geologic hazards, and promptly report geologic hazard risks/ disasters.

　　article 6the municipal planning and natural resources authority shall be responsible for organizing, guiding, coordinating and supervising the prevention and control of geologic hazards within their respective administrative areas, investigating and identifying geologic hazards and their rankings as well as their prevention and control responsibilities and organizing the implementation of these rules.

　　the authorities in charge of housing and urban-rural development, transportation, water affairs, emergency management, development and reform, education, agriculture and rural development, culture, radio, television and tourism, health, urban management and comprehensive law enforcement, forestry and landscaping, meteorology, etc. shall fulfill their respective tasks to carry out the work related to prevention and control of geologic hazards in their respective industries and fields.

　　article 7     the geologic hazards prevention and control costs shall be borne as follows:

　　(1) for the geologic hazards caused by natural factors, the costs incurred by prevention, emergency response and control of the geologic hazard as well as project maintenance and other related expenses shall be subject to the relevant provisions on financial authority and expenditure responsibilities at the municipal and district levels. among them, the costs incurred by engineering management or relocation for avoidance of large-scale or severer geologic hazards shall be covered by the municipal or district people’s governments according to the proportion of special funds in the financial management system; the costs incurred by engineering management or relocation for avoidance of small and medium-scaled geologic hazards shall be covered by the district and town people’s governments.

　　(2) for the geologic hazards caused by such human activities as project construction, the costs incurred by prevention of hidden danger of geologic hazards shall be borne by the project investors, property owners or other actors, and the liable entities shall bear the costs incurred by emergency response to the geologic hazards, control of the geologic hazards and project maintenance.

　　(3) for the prevention and control of geologic hazards for supporting construction, reconstruction and expansion projects, the project investors shall bear the construction costs; after the delivery and use of construction, reconstruction and expansion projects, the property owners or actual users shall bear the routine maintenance costs of the supporting projects.

　　article 8people’s governments at all levels and their relevant authorities shall adopt various channels and forms to publicize and popularize knowledge on prevention and control of geologic hazards, enhance the entities’ and individuals’ awareness of prevention and avoidance of geologic hazards and self rescue and mutual rescue capabilities.

　　article 9     the municipal planning and natural resources authority shall establish a pool of geologic hazards prevention and control experts and a reserve pool of geologic hazard emergency rescue and relief engineering teams in accordance with relevant regulations, and implement dynamic management.

　　article 10   entities and individuals shall act as instructed during the investigation, monitoring and control of geologic hazards and relocation for risk avoidance, and shall not interference with or obstruct the work concerning prevention and control of geologic hazards.

　　for the entities or individuals who have made outstanding contributions and achieved remarkable results in prevention and control of geologic hazards, as well as those who take the initiative to provide effective precursor information or take timely and effective measures to avoid or reduce casualties and property losses, rewards shall be granted in accordance with relevant regulations.

　　chapter ii  plan for prevention and control of geologic hazards

　　article 11    the planning and natural resources authorities shall, in conjunction with the authorities in charge of housing and urban-rural development, transportation, water affairs, emergency management, forestry and landscaping at the same level, organize the investigation of geologic hazards in their respective administrative areas, establish geologic hazard information archives and promptly organize supplementary investigation of geologic hazards in key areas based on changes in the geological environment.

　　article 12   the planning and natural resources authorities shall, in conjunction with the authorities in charge of finance, housing and urban-rural development, transportation, water affairs, meteorology, etc., organize the compilation of the local plan for prevention and control of geologic hazards based on the results of the geologic hazard investigation in their respective administrative areas and the higher authorities’ plan for prevention and control of geologic hazards. after expert argumentation, the plan shall be submitted to the local people’s government for approval and release, and shall be filed with the immediate superior authority in charge of natural resources. the change to the plan for prevention and control of geologic hazards shall be subject to the approval of the original approving authority.

　　article 13for urban areas, schools, hospitals, densely populated residential areas, scenic or historic spots, cultural relics protection institutions, places where any large and medium-sized enterprises are located, infrastructures such as traffic trunk lines, key water conservancy and electric power projects, network communication facilities, oil and gas pipelines, and the like shall be regarded as the key points in the key geologic disasters prevention and control areas.

　　article 14   when formulating and implementing national territory spatial plans, mineral resource plans and plans for such major construction projects as water conservancy, transportation and energy, the requirements for prevention and control of geologic hazards shall be fully taken into consideration to avoid and reduce losses caused by geologic hazards.

　　the formulation of plans for prevention and control of geologic hazards shall match up with the plans for national economic and social development, national plans for eco-environmental protection, national plans for comprehensive disaster prevention and reduction, and the like.

　　chapter iii    prevention of geologic hazards

　　article 15   the planning and natural resources authorities shall be responsible for regularly organizing surveillances, verifications and inspections of places with hidden danger of geologic hazards within their respective administrative areas, establishing special files to master the development characteristics and dynamic changes of hidden dangers and implementing prevention and control measures.

　　the authorities in charge of housing and urban-rural development, water affairs, transportation, forestry and landscaping, education, culture, radio, television and tourism, health, etc. shall fulfill their respective tasks to organize the investigation and verification of geologic hazard risks and hidden dangers within their respective industries and fields, establish special files and implement prevention and control measures.

　　the planning and natural resources authorities shall, in conjunction with the authorities in charge of housing and urban-rural development, transportation, water affairs and meteorology at the same level, establish a mature professional monitoring network based on the plans for prevention and control of geologic hazards and the needs of actual work concerning the prevention and control of geologic hazards. geologic hazard monitoring facilities shall be installed in key prevention and control areas and key places with hidden danger, such as areas prone to karst ground collapse, land subsidence and slope geologic hazards, so as to dynamically monitor geologic hazards in accordance with relevant regulations and share information with relevant authorities.

　　where a geologic hazard may occur due to such human activities as project construction, the project investor, the property owner or other actors shall be responsible for monitoring and preventing the geologic hazard; where a geologic hazard may occur due to natural factors, the responsible person designated by the district people’s government, the town people’s government or the subdistrict office shall be responsible for monitoring and preventing the geologic hazard. the relevant authorities shall, within the scope of their respective functions and duties, be responsible for guiding, supervising and inspecting the fulfillment by responsible persons.

　　article 16   the district people’s governments shall strengthen the organizational leadership and system construction of mass observation and prevention, organize and conduct trainings on disaster prevention knowledge and skills, allocate funds and subsidies for introduction of monitoring and protective equipment, surveillance and monitoring activities and personal accident insurance coverage of personnel responsible for mass observation and prevention.

　　the planning and natural resources authorities shall provide technical guidance for the work related to mass observation and prevention of geologic hazards, and guide the implementation of geologic hazard prevention work such as surveillance, risk identification and monitoring.

　　the town people’s governments and the subdistrict offices shall be responsible for organizing villagers’ committees and residents’ committees to implement various systems of mass observation and prevention, regularly conducting self rescue and mutual rescue drills for the masses, organizing identification of geologic hazard risks and hidden dangers and surveillance during key prevention period within their respective administrative areas, and promptly reporting and handling geologic hazard or risk.

　　the personnel responsible for mass observation and prevention shall have the right to dissuade and stop any behaviors that may cause geologic hazards, and shall promptly report any geologic hazard or risk.

　　article 17the planning and natural resources authorities shall, in conjunction with the authorities in charge of emergency management and meteorology, carry out geologic hazard meteorological risk forecast and warning work in accordance with relevant regulations. the content of meteorological risk forecasting and warning shall mainly include the possible time, location, scope of geologic hazard, degree of hazard and preventive measures.

　　without authorization, no entity or individual may issue geologic hazard meteorological risk forecast and warning to the public.

　　article 18the planning and natural resources authorities shall, in conjunction with emergency management, housing and urban-rural development, transportation, water affairs, meteorology, etc., formulate annual scheme for prevention and control of geologic hazards within their respective administrative areas based on plans for prevention and control of geologic hazards and actual prevention work situations and publish the scheme after approved by the local people’s government.

　　the annual scheme for prevention and control of geologic hazards shall clearly define the key work arrangements and division of responsibilities for prevention and control of geologic hazards.

　　article 19for areas and sections where there are precursors of geologic hazards, which may cause casualties or significant property losses, the planning and natural resources authorities shall promptly organize industry experts or professional technical entities to conduct geologic hazard investigation and assessment. based on the investigation and assessment opinions, the district people’s government shall promptly delineate geologic hazard risk area, make announcement through the portal website of the district people’s government and other internet government service media, and set conspicuous warning signs at the boundaries of the delineated geologic hazard risk area.

　　blasting, slope cutting, project construction and other activities that may cause geologic hazards are prohibited in the delineated geologic hazard risk area.

　　the local district people’s governments shall organize relevant authorities to immediately take engineering control measures or relocation measures for avoidance to safeguard the life and property safety of local residents in the geologic hazard risk areas. if a geologic hazard risk has been eliminated or effectively controlled, the originally delineated geologic hazard risk area shall be revoked in a timely manner and corresponding announcement shall be made through the portal website of the district people’s government and other internet government service media.

　　article 20   when national territory spatial plans for areas prone to geologic hazardsare prepared, geologic hazard risk assessments shall be conducted in accordance with relevant regulations.

　　geologic hazard assessment is required for engineering construction in areas prone to geologic hazards. the geologic hazard risk assessment of construction projects adopts a classification management system that combines integrated regional assessment and separate assessment.

　　land reserve entities or administration organs of such specific regions as development zones shall organize the implementation of geologic hazard risk assessment work in accordance with relevant regulations, and inform the land transferee of the assessment conclusion and relevant prevention and control requirements when transferring or allotting the right to use state-owned land; if geologic hazard risk assessment has not been implemented, the transferor shall conduct geologic hazard risk assessment before the transfer or allotment, and provide an assessment report and expert opinions to the land transferee at the time of transfer or allotment.

　　for major engineering projects in the fields of transportation, water conservancy, energy, etc., as well as construction projects subject to separate assessment as required, the project investors shall entrust evaluation entities with corresponding professional and technical capabilities to conduct separate assessment of the risks of geologic hazards.

　　article 21   for the construction project deemed to be likely to cause geologic hazards or suffer from geologic hazards, the project investor shall, based on the geologic hazard risk assessment results, construct supporting projects for prevention and control of geologic hazards.

　　the planning and natural resources authorities shall specify in the construction land planning and design conditions corresponding measures for prevention and control of geologic hazards that the project investors shall implement according to the conclusions of geologic hazard risk assessment in accordance with relevant regulations.

　　article 22   the design, construction, acceptance and submission for approval of the supporting projects for prevention and control of geologic hazards shall be conducted simultaneously with that of the main construction project, and shall be subject to supervision as a whole with the main construction project. the planning and natural resources authorities shall strengthen the guidance and supervision of supporting work related to prevention and control of geologic hazards. the authorities in charge of housing and urban-rural development, water affairs, transportation, forestry and landscaping shall fulfill their respective tasks to strengthen supervision and management during the implementation of supporting projects for prevention and control of geologic hazards. where the supporting project for prevention and control of geologic hazards has not been subject to the acceptance check or has failed to pass the acceptance check, the main project shall not be put into production or use.

　　the land for the construction of supporting projects for prevention and control of geologic hazards shall be located within the red line range of construction land, and shall be taken into considerations simultaneously during the submission for approval of plan for site selection, project establishment and land use. if it is indeed necessary to exceed the red line of construction land, the project investor shall obtain the approval for excess part from the land owner before the start of construction; if involving permission procedures, the project investor shall go through relevant procedures in accordance with relevant regulations. after the completion of the supporting projects for prevention and control of geologic hazards, such ecological restoration methods as vegetation replanting and landscape reconstruction shall be adopted to minimize damage to the current landscape and natural resources to the largest extent possible.

　　article 23   entities engaged in geologic hazard risk assessment and exploration, design, construction, supervision and other activities for special geologic hazard control projects, shall obtain corresponding qualification certificates issued by the competent authorities in charge of natural resources in accordance with the law, and engage in activities related to prevention and control of geologic hazards within the permitted scope of their respective qualifications.

　　the municipal planning and natural resources authority shall be responsible for the unified supervision and management of the qualifications of entities engaged in prevention and control of geologic hazards within the administrative area of this municipality. according to the entrustment of the provincial authority in charge of natural resources, the municipal planning and natural resources authority shall review and approve the qualifications of entities engaged in prevention and control of geologic hazards at the corresponding level, may organize experts to review and examine the application materials, and conduct on-site inspections, if necessary.

　　entities engaged in activities related to prevention and control of geologic hazards within the scope of this municipality shall act as instructed during the supervision and inspection work implemented by the planning and natural resources authorities. entities engaged in such activities as geologic hazard risk assessment, engineering exploration, design, construction, supervision for geologic hazard control, etc. shall observe relevant technical specifications and standards.

　　article 24   no entity or individual may occupy, destroy or damage geologic hazard monitoring facilities and engineering facilities for geologic hazard control, or move, destroy or damage warning signs in geologic hazard risk areas without authorization.

　　if it is necessary to demolish or move geologic hazard monitoring facilities and signs due to the need of project construction or other reasons, the responsible project investor and individual shall obtain the consent of the original installation authority and bear the cost of demolishing, moving, or resetting geologic hazard monitoring facilities.

　　chapter iv        emergency response to geologic hazards

　　article 25   the emergency management authorities shall, in conjunction with the authorities in charge of planning and natural resources, public security, housing and urban-rural development, transportation, water affairs, meteorology, etc., formulate a contingency plan for sudden-onset geologic hazards at the corresponding level, publish the contingency plan after approved by the people’s government at the same level, organize drills and evaluations on the contingency plan on a regular basis and promptly amend the contingency plan, as appropriate.

　　the town people’s governments, subdistrict offices, villagers’ committees and residents’ committees shall formulate contingency plans based on the contingency plans for sudden-onset geologic hazards at the superior levels and the actual local conditions, organize drills and evaluations on the contingency plan on a regular basis and promptly amend the contingency plan, as appropriate.

　　for important infrastructure and large-scale underground projects located in areas prone to geologic hazards, the operation entities shall carry out geologic hazard monitoring and regular surveillance, formulate contingency plan for sudden-onset geologic hazards, and organize emergency drills on a regular basis.

　　article 26in the event of a general geologic hazard, the local district people’s government may, based on the needs of rescue and relief work, establish a district-wide emergency command organization for the sudden-onset geologic hazard, which shall be responsible for commanding, organizing, coordinating, supervising and guiding the implementation of geologic hazard emergency management work and rescue and relief work in local areas.

　　in the event of a major or severer geologic hazard, the municipal people’s government shall establish a city-wide emergency command organization for the sudden-onset geologic hazard, which shall be responsible for commanding, organizing, coordinating, supervising and guiding the implementation of geologic hazard emergency management work and rescue and relief work across this municipality. in the event of a major or particularly serious geologic hazard, the city-wide emergency command organization for the sudden-onset geologic hazard shall immediately organize the implementation of anticipatory work in response to the sudden-onset geologic hazard, and conduct geologic hazard emergency management work and rescue and relief work under the leadership of the national and provincial emergency command organization for the sudden-onset geologic hazard after the initiation of emergency response by the state and guangdong province.

　　article 27   any entity or individual, once aware of a geologic hazard or risk, shall immediately report it to the local people’s government, the local planning and natural resources authority or the local emergency management authority. other authorities or community-level self-governance organizations that receive the report shall immediately report it to the local people’s government, the local planning and natural resources authority or the local emergency management authority.

　　after receiving the report of a geologic hazard or risk, the local people’s government, the local planning and natural resources authority or the local emergency management authority shall immediately organize professional personnel to rush to the scene, conduct on-site investigations, take effective measures to prevent the occurrence or expansion of the hazard and report relevant information to the people’s government and relevant authorities at the superior level in accordance with relevant regulations. the town people’s government or subdistrict office in the area where the geologic hazard occurs shall promptly transfer and evacuate personnel threatened by the geologic hazard based on the actual conditions; in case of extraordinary emergency, the local town people’s government or subdistrict office may forcibly organize personnel avoidance and evacuation.

　　article 28after the occurrence of a geologic hazard or the release of geologic hazard forecast and warning information, the municipal and district people’s governments shall, in accordance with the relevant provisions of the contingency plan for the sudden-onset geologic hazard at their respective levels, promptly initiate and organize the implementation of response measures at the corresponding level.

　　relevant authorities shall effectively implement emergency response work in accordance with the division of responsibilities and other requirements of the contingency plan for sudden-onset geologic hazard at the corresponding level.

　　the local people’s government shall promptly report to the superior people’s government relevant information on geologic hazard/risk and its development trends in accordance with relevant regulations.

　　article 29in case of needs for emergency rescue and relief facing a geologic hazard, the municipal and district people’s governments may, in accordance with their respective authorities and procedures prescribed by law, requisition the immovable or movable properties of entities or individuals; if necessary, the people’s government may take such measures as traffic control and obstacle removal within the areas where the rescue and relief work is ongoing.

　　the immovable or movable property requisitioned shall be returned promptly afterwards; if the requisitioned property is damaged, missed or otherwise lost during or after the requisition, compensation shall be made to the property owner in accordance with the law.

　　article 30in case of a geologic hazard, the determination, construction, supervision and management of emergency rescue and relief projects shall follow the relevant provisions of the state, guangdong province and this municipality on the management of emergency rescue and relief projects.

　　this municipality encourages the design of emergency rescue and relief projects in response to geologic hazards by taking into comprehensive consideration the long-term use needs, and the improvement of the availability and economic benefits of emergency rescue and relief measures.

　　chapter v  control of geologic hazards

　　article 31in case of a geologic hazard caused by such human activities as engineering construction, the liable project investor, property owner or any other actor shall bear the responsibility for control of the geologic hazard. if there are multiple liable entities, such entities shall bear the responsibility for control of the geologic hazard according to their respective liabilities.

　　in case of a geologic hazard, the planning and natural resources authority of the place where the geologic hazard occurred shall be responsible for organizing experts or professional technical entities to investigate the causes of the geologic hazard, and the liable entities shall be determined on the basis of experts’ analysis and demonstration of the investigation results. the determined liable entities shall promptly carry out geologic hazard control work in accordance with the investigation results and relevant requirements.

　　article 32in case of a geologic hazard that falls under one of the following circumstances, the local people’s government shall be responsible for organizing related work for control of the geologic hazard; if it involves multiple administrative areas, the people’s governments of the involved administrative areas shall make joint efforts to control the geologic hazard:

　　(1) the geologic hazard is caused by natural factors, whose control is a must;

　　(2) the liable entity has been revoked or cancelled, and has no right and obligation successor;

　　(3) the liable entity (a natural person) has died, and has no heritage left and no right and obligation successor;

　　(4) the whereabouts of the liable entities are unknown;

　　(5) the liable entity has no property or source of economic income, and is truly incapable to assume the responsibility for control of the geologic hazard;

　　(6) other circumstances where the liability for control of the geologic hazard cannot be determined or implemented.

　　for the emergency rescue and relief costs incurred by the district people’s government during its organization of the emergency rescue and relief work to control the geologic hazard caused by human activities, the district people’s government shall have the right to recover from the liable entities in accordance with the law.

　　article 33   for government-invested geologic hazard control projects, the corresponding authority shall apply for inclusion of required investment funds into its financial budget in accordance with relevant regulations, and their investment control and inventory shall be included into its budget review in accordance with the provisions of finance authorities.

　　where a geologic hazard control project requires the occupation of such protected land as farmland, forest land, fish ponds, water conservancy, railways, highways, and the like, the project investor shall obtain the consent of relevant authorities or land owners; if involving permission procedures, the project investor shall go through relevant procedures in accordance with relevant regulations.

　　article 34   for small and medium-sized geologic hazard control projects invested by government, each district may adopt the form of segmented and regionalized combined procurement based on actual conditions, and select entities with corresponding qualifications to carry out overall engineering exploration, design, construction and supervision work for control of geologic hazards in accordance with the law, so as to improve the geologic hazard control efficiency.

　　article 35entities liable for geologic hazard control shall entrust entities with corresponding qualifications to carry out exploration and design work and formulate control plans in accordance with the law.

　　the geologic hazard control plan shall be submitted for review and approval by experts. if the geologic hazard control plan needs to be adjusted or changed, it shall be handled according to the original review procedures. the construction of geologic hazard control projects shall be implemented in strict accordance with the approved geologic hazard control plan.

　　article 36for a geologic hazard that poses immediate risks, the liable entities may take such temporary measures as slope cutting, load reduction and removal of dangerous rocks for reinforcement. temporary prevention and control measures can in no way replace geologic hazard control projects. before the complete elimination of the geologic hazard, the liable entities shall take such preventive measures as surveillance and monitoring, promptly handle problems found, and report to the local people’s government or authorities in charge of emergency management, planning and natural resources.

　　article 37the planning and natural resources authorities shall strengthen the guidance and supervision of geologic hazard control projects within their respective administrative areas.

　　the authorities in charge of housing and urban-rural development, water affairs, transportation, forestry and landscaping, education, culture, radio, television and tourism, health, etc. shall fulfill their respective tasks to supervise and manage geologic hazard control projects within their respective sectors and fields.

　　the district people’s governments shall strengthen overall planning, and the town people’s governments and the subdistrict offices shall be responsible for the supervision and management of geologic hazard control projects within their respective administrative areas.

　　article 38   the project investors or responsible entities of geologic hazard control projects shall, in accordance with the law, handle the completion acceptance of the geologic hazard control projects as per project categories and the regulations of the supervision and management authorities. the planning and natural resources authorities shall organize or participate in the completion acceptance in accordance with relevant regulations.

　　article 39for a government-invested geologic hazard control project, after it passes the completion acceptance check, it shall be managed and maintained by the entities designated by the planning and natural resources authority; for other geologic hazard control projects, after it passes the completion acceptance check, it shall be managed and maintained by the entities liable for geologic hazard control.

　　if the project investor is not the entity responsible for management and maintenance of the geologic hazard control project, the project investor shall handle project handover procedures with the entities responsible for project management and maintenance and sign a maintenance and management agreement.

　　article 40the relocation project for avoidance of geologic hazard shall be determined after evaluation and demonstration organized by the district people’s government or relevant authorities. once determined, the district people’s government shall organize the town people’s government or the subdistrict office to implement evacuation and relocation for villagers and residents in areas threatened by the geologic hazard.

　　the district people’s government shall determine the land use scale and indicators for the relocation project for avoidance of geologic hazard in accordance with the law. the land for relocation and resettlement shall meet the requirements of prevention and control of geologic hazards, follow the principle of optimal utilization and intensive use of land, and handle land use procedures in accordance with the law.

　　chapter vi    legal liabilities

　　article 41where an administrative organ and its staff, in violation of these rules, fails to perform its/his/her duties, or abuses its/his/her powers, neglects its/his/her duties, or practices favoritism and fraud, the competent authority shall order it/him/her to make corrections and impose punishment on the person in charge responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.

　　article 42whoever violates these rules and falls under any of the following circumstances, shall be subject to punishment in accordance with relevant provisions of laws and regulations such as regulations on the prevention and control of geologic hazards:

　　(1) violating the provisions of paragraph 2 of article 19 herein by conducting blasting, slope cutting, engineering construction, and other activities that may cause geologic hazards in the delineated geologic hazard risk area;

　　(2) violating the provisions of paragraph 4 of article 20 herein by failing to conduct geologic hazard risk assessments on construction projects located in areas prone to geologic hazards in accordance with regulations;

　　(3) violating the provisions of paragraph 1 of article 22 herein by putting the main project into production or use when the supporting projects for prevention and control of geologic hazards has not been subject to acceptance or has failed to pass the acceptance;

　　(4) violating the provisions of paragraph 1 of article 23 herein by engaging in geologic hazard risk assessment and exploration, design, construction, supervision and other activities for geologic hazard control projects without holding a qualification certificate or beyond the permitted scope of the qualifications;

　　(5) violating the provisions of article 24 herein by occupying, destroying or damaging geologic hazard monitoring facilities and engineering facilities for geologic hazard control;

　　(6) violating the provisions of article 31 herein by failing to bear the responsibility for control of the geologic hazard caused by such human activities as engineering construction.

　　for other behaviors that violate the provisions of these rules, if there are existing legal liability provisions in laws and regulations, these provisions shall prevail.

　　chapter vii       supplementary provisions

　　article 43   these rules shall come into force on april 1, 2024.