The 37th meeting of the Standing Committee of the 13th National People's Congress voted to pass the Yellow River Protection Law of the People's Republic of China on the 30th. The law will take effect from April 1, 2023.
The Yellow River Protection Law has a total of 122 articles that includes general provisions, planning and control, ecological protection and restoration, conservation and intensive use of water resources, water and sediment control and flood control, pollution prevention and control, promotion of high-quality development, protection and promotion of Yellow River culture, protection and supervision, 11 chapters of legal responsibilities and supplementary provisions.
The Yellow River Basin referred to in this Law refers to the areas of Qinghai Province, Sichuan Province, Gansu Province, Ningxia Hui Autonomous Region, Inner Mongolia Autonomous Region, Shanxi Province, Shaanxi Province, Henan Province and Shandong Province involved in the catchment areas of the main stream, tributaries and lakes of the Yellow River.
We need to stick to the ecological protection and high-quality development of the Yellow River Basin, adhere to the leadership of the Communist Party of China, focus on protection and governance, strengthen pollution prevention and control, adhere to ecological priority, green development, and conserve water. We should follow the principle of adjusting measures to local conditions, taking different measures towards different problems, overall planning and coordinated promotion.
The Yellow River Protection Law proposes that the state encourages and supports the ecological protection and restoration of the Yellow River Basin, the conservation and intensive use of water resources, the movement and regulation of water and sediment, desertification control, comprehensive utilization of sediment, river dynamics and riverbed evolution, soil and water conservation, research on major scientific and technological issues such as hydrology, climate and pollution prevention and control, strengthen collaborative innovation, promote research on key technologies, promote the application of advanced and applicable technologies, and enhance the supporting capability of scientific and technological innovation.
The Yellow River Protection Law states that it is prohibited to engage in mining, sand extraction, fishing, hunting and other activities within the management scope of the upper reaches of the Yellow River, such as the Yueguzongliequ, Zhaling Lake, Eling Lake, Maduo River Lake Group, etc. state.
The Yellow River Protection Law emphasizes that the state implements the planning and licensing system for sand extraction in the Yellow River Basin. For sand extraction in the Yellow River Basin, a license shall be obtained in accordance with the law. The Yellow River Basin Management Agency and the local people's governments at or above the county level in the Yellow River Basin shall delimit extraction-prohibited areas in accordance with the law, stipulate the prohibited extraction period, and announce to the public. It is prohibited to engage in river sand extraction activities in the prohibited areas and during the prohibited period in the Yellow River Basin.
The ecological protection and high-quality development of the Yellow River Basin is a major national strategy, because the Yellow River Basin is an important area for social activities and economic development, and has a pivotal strategic position in the overall situation of national development and socialist modernization.
In November 2020, the Management Plan for Sand Mining in Important Reachs of the Yellow River Basin (2020-2025) was approved by the Ministry of Water Resources.
The Management Plan properly handles the relationship between the protection of rivers and lakes and the utilization of river sand. On the premise of maintaining the stability of the Yellow River, and ensuring flood control, water supply, navigation, infrastructure and ecological safety, through scientific planning, the Yellow River can be extracted in accordance with the law and in a scientific, orderly way, so as to ensure the safety of the Yellow River, and promote the ecological protection and high-quality development of the Yellow River Basin.
The river sand mining planning is the basis for the implementation of the river sand mining permit and the basis for the scientific management of the river sand mining. By studying the evolution law and evolution trend of the Yellow River, the document will coordinate the management and protection of the Yellow River and the actual situation of regional economic and social development according to the characteristics of the river's hydrology and sediment, sediment transport and replenishment, and scientifically delimit the prohibited mining area, the mining area and the reserved area. In this area, the period of prohibition of mining is stipulated, the controlling conditions for sand mining in the Yellow River channel are clarified, and the requirements for planning, implementation and management are put forward, which provides an important basis for the management of sand mining in the important reaches of the Yellow River Basin.
On October 8, 2021, the Central Committee of the Communist Party of China and the State Council issued the Outline of the Plan for Ecological Protection and High-Quality Development in the Yellow River Basin, and issued a notice requiring all regions and departments to conscientiously implement it in light of their actual conditions.
The Outline of the Plan states:
Complete ban on sand mining in key areas
Increase the protection of Zhaling Lake, Eling Lake, Yoguzong Liequ, Maduo River Lake Group and other rivers and lakes, maintain their natural state, strictly control the shorelines of river sections flowing through cities and towns, and completely prohibit mining, sand extraction, fishing and hunting activities around rivers and lakes, scientifically determine the scale of tourism.
Rational use of dredged sand and gravel to explore a new mode of utilization of sediment resources
We have to carry out in-depth research of the long-term evolution trend of the relationship between water and sediment in the Yellow River and its impact on the ecological environment. We must scientifically grasp the reasonable range of sediment content and the general idea of medium and long-term water and sediment control, and adopt the comprehensive treatment of sediment by "holding, adjusting, discharging, and digging". We should innovate comprehensive sediment treatment technology and explore new modes of sediment resource utilization.
Promote mine ecological restoration and encourage comprehensive utilization of tailings
We must investigate and evaluate the ecological damage and pollution status of historical mines in the Yellow River Basin, and explore the use of market-oriented methods to promote mine ecological restoration. Focusing on river and lake shorelines, reservoirs, drinking water sources, and areas prone to geological disasters, etc., we need to carry out risk and hidden danger investigation of tailings reservoirs in the Yellow River Basin, formulate governance and emergency response plans, and adopt preventive measures to resolve leakage and scattering risks and encourage comprehensive utilization of tailings.
The Ministry of Water Resources has formulated the Key Points of River and Lake Management in 2022. There are 27 regulations in the document, of which 6 regulations related to the management of sand extraction in river channels. The management of sand mining in river channels has become the top priority of river and lake management in 2022. The "Key Points" pointed out that it is necessary to fully implement sand mining management responsibilities, standardize the management of river sand and gravel utilization, carry out special rectification of illegal sand mining in river channels, strengthen the management of sand mining in straight river channels, and improve the informatization level of river and lake supervision.
The "Key Points" emphasized that the Ministry of Water Resources, the Ministry of Public Security, and the Ministry of Transport should further implement the cooperation mechanism for sand mining in the Yangtze River, strengthen coordination and cooperation with the Ministry of Industry and Information Technology and the State Administration for Market Regulation, and continue to manage ships for sand extraction, consolidate the comprehensive improvement of sand mining in the Yangtze River channel; strengthen the overall planning of the river basin, implement the electronic management sheet for sand and gravel extraction and transportation in the Yangtze River, and strengthen the process of sand “extraction, transportation, and sales” control.
The Yellow River Basin is an important ecological barrier and an important economic zone in China, and plays a very important role in China's economic and social development and ecological security. The ecological protection and high-quality development of the Yellow River Basin, the coordinated development of Beijing-Tianjin-Hebei, the development of the Yangtze River Economic Belt, the construction of the Guangdong-Hong Kong-Macao Greater Bay Area, and the integrated development of the Yangtze River Delta, are major national strategies.
Therefore, in accordance with the decisions and arrangements of the Party Central Committee and the State Council, the new development concept must be fully, accurately and comprehensively implemented, the construction of a new development pattern should be accelerated, the relationship between ecological protection and development in the Yellow River Basin should be accurately grasped, and the system concept should be incorporated into the entire process of ecological protection and high-quality development. We must unswervingly follow the path of green and low-carbon development, fight the tough battle of environmental problem rectification, in-depth water conservation and control, ecological protection and restoration, promote the protection of the Yellow River, ensure the safety of the Yellow River, and build a beautiful home where man and nature coexist in harmony.