Explain the law through cases│A company in Shizong, Yunnan was fined 50,000 yuan for "putting into use before inspection" of soil and water conservation facilities
2024-08-25
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Yunnan.com (Reporter Xia Fanghai) Recently, the Water Affairs Bureau of Shizong County, Qujing City, Yunnan Province reported a case of "commissioning before inspection". A local company's mining project did not carry out independent inspection and acceptance of soil and water conservation facilities in accordance with the relevant provisions of the "Water and Soil Conservation Law of the People's Republic of China" before it was put into production and use, and was fined RMB 50,000.
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It is understood that in June 2022, the Shizong County Water Affairs Bureau found during its supervision and inspection that the company's mining project did not conduct independent acceptance of soil and water conservation facilities before it was put into production. This behavior is suspected of violating Article 27 of the "Soil and Water Conservation Law of the People's Republic of China". The Shizong County Water Affairs Bureau served the company with a "Notice of Order to Correct within a Time Limit" on the same day, requiring rectification within a time limit, but the company did not conduct acceptance of soil and water conservation facilities within the time limit specified in the notice.
In April of the following year, the Shizong County Water Affairs Bureau interviewed the company's legal representative, but the company's illegal behavior of "starting production before inspection" was not corrected within the specified period of the interview and it remained in production. In September of the same year, the Shizong County Water Affairs Bureau issued a "Notice of Investigation and Inquiry" and a "Notice of Rights and Obligations" to investigate and inquire the company's legal representative and make an inquiry record. In October, the Shizong County Water Conservancy Supervision Brigade and the Soil and Water Conservation Station conducted an on-site inspection of the scope of responsibility and measures for soil and water conservation of the mining project in accordance with legal procedures, and found that the company's illegal behavior of "starting production before inspection" was true.
In November 2023, in accordance with the relevant provisions of the "Water and Soil Conservation Law of the People's Republic of China" and the "Notice of the General Office of the Ministry of Water Resources on Issuing the Measures for the Supervision and Management of Water and Soil Conservation in Production and Construction Projects", the Shizong County Water Affairs Bureau decided to impose an administrative penalty of RMB 50,000 on the company. The party concerned paid the fine in full in December of the same year.
In this case, the Shizong County Water Affairs Bureau adhered to the law enforcement concept of prevention first, education first, rectification in place, and punishment as auxiliary, and focused on urging production and construction units to perform their soil and water conservation duties in accordance with the law, and effectively maintained the authority of soil and water conservation laws and regulations.
【Extended Reading】
Article 54 of the "Water and Soil Conservation Law of the People's Republic of China" stipulates: If a production and construction project is put into operation without acceptance or if the acceptance fails, the water administration department of the people's government at or above the county level shall order the production or use to be stopped until the acceptance is qualified, and impose a fine of not less than RMB 50,000 and not more than RMB 500,000.
