Does digging wells and selling water without permission constitute the crime of illegal mining?

Drilling wells needs to go through the corresponding approval procedures, and it is illegal to drill without permission. However, those who take a small amount of water, such as family life and sporadic free-range or captive livestock and poultry drinking, can be exempted from prosecution (the law is given a leniency).

Article 36 of the Water Law of the People's Republic of China In areas where groundwater is overexploited, local people at or above the county level shall take measures to strictly control the exploitation of groundwater. In areas where groundwater is seriously overexploited, with the approval of the people of provinces, autonomous regions and municipalities directly under the Central Government, groundwater exploitation prohibition or restriction may be demarcated. The exploitation of groundwater in coastal areas should be scientifically demonstrated, and measures should be taken to prevent land subsidence and seawater intrusion.

Article 48 Units and individuals that directly draw water resources from rivers, lakes or underground shall, in accordance with the provisions of the State water intake permit system and the system of paid use of water resources, apply to the competent water administration department or river basin management agency for obtaining a water withdrawal permit, pay water resources fees, and obtain the right to take water. However, the exception is for small amounts of water such as family life and sporadic free-range breeding and captive livestock and poultry drinking.

The specific measures for the implementation of the water intake permit system and the collection and management of water resources fees shall be stipulated by ***.

Regulations on the Administration of Water Intake Permits and the Collection of Water Resources Fees

Article 7 The exploitation of groundwater resources shall be subject to a water intake permit system. Water users shall apply for water intake permits to the municipal water administrative departments, apply for water intake permits, and pay water resources fees in accordance with the law. The application for taking groundwater in the urban planning area, the municipal water administrative department shall seek the opinions of the municipal construction department.

If a new, reconstructed or expanded project needs to take groundwater, it shall perform the relevant environmental protection approval procedures.

Article 8 Groundwater resources shall be exploited, and a water resources demonstration system shall be implemented, and the exploitation shall be carried out within the proven mineable limit。 Units and individuals who take groundwater should submit the "water resources demonstration report" prepared by the corresponding construction project water resources demonstration qualification unit, and the municipal water administrative departments shall organize relevant experts to review the "water resources demonstration report" and examine and approve it according to expert opinions.

Nineth groundwater application approved by the municipal water administrative departments, water users can sink wells; After the well, the following information should be submitted to the municipal water administrative department:

A) the layout of the well area;

2) The actual well depth, diameter and histogram of a single well;

3) Test water quantity and water quality test report of a single well;

4) The performance of water intake equipment and metering devices;

E) other relevant information provided by the competent administrative department of water.

If the well is accepted, the municipal water administrative department shall issue a water permit.

18th unauthorized use of groundwater, or not in accordance with the approved conditions of the water permit to take groundwater, and without obtaining the approval of the application for water intake of the construction of water projects or facilities, by the municipal water administrative departments shall be given an administrative penalty certificate in accordance with law.

I like well water the most. It's not as clean as boiling water, it's not as aromatic as tea, and it doesn't have many of the flavors in drinks, but I always have a sense of intimacy with well water.

A bucket of water that has just been brought from the well is gently placed on the ground for a while, and the well water will slowly calm down, very clear and quiet. The clear earth can reflect my appearance; Quietly not feeling its presence. When you are thirsty, you may not have any taste, but you feel a very short and refreshing feeling, like eating a popsicle.

It's like it's very refreshing.

The well in our hometown is at the entrance of the temple, so we children like the well, and we like the temple, just like the love house and Wu.

In the early morning, whenever the family ran out of water, Grandpa would go to the well to fetch water. Sometimes, I would go along, and when my grandfather would pick out the water, I would immediately take the bottle I had brought with me and fill half a bottle and drink it. At this time, the morning breath seems to be all between the well water.

After drinking it, I just felt completely refreshed.

The sun appeared from the east and burned ...... every inch of landNoon fell. I especially like the well water at noon. Sometimes, I would take a homemade water bottle to fill it and then take a sip quietly and slowly when I was thirsty. A cool sensation came from the mouth to the heart, very cold, very cool ......Sometimes I would take a water bottle and pour it in my face, which was so comfortable.

The moon is about to come out, and the sun is going away with time. At this time, there will be a lot of people at the well. Someone will be at the well.

Some wash vegetables at the well, while others wash their hair with well water. What about me? He would squat on the edge of the well, look at himself in the well, smile at her, and grimace at her.

The grass in the well is fluttering, and I am fluttering in the well......

Well water is like that, there is no taste, only a cool feeling. The cloud flew to the mouth of the well, and when the well water saw it, he said, "Brother Cloud, Brother Cloud."

The clouds said, "What are you doing?" Well water said

How can I get out into the ocean? Yun Duo said: "Let me think about it, I think, one is to let the humans beat you up, drink you, and when they sail on the sea, won't they take you to the sea?"

The second way is to let humans bring you up and use you to water the flowers and crops. As soon as the sun shines, you evaporate into water vapor.

Then, you turn into a light raindrop and fall into the sea, right? Jing Shui said happily, "Okay, then I'll do as you say." Thank you, Brother Cloud. ”

Any unit or individual that needs to exploit groundwater or drill a new well must apply for a water intake permit in accordance with the prescribed procedures. Without approval of the water intake permit, it is not allowed to drill wells and exploit or take groundwater without permission.

This shouldn't be, but you need a certificate to buy water and drinking water.

1. Drilling wells without permission is an illegal act, drilling must be approved by the relevant agencies or the state, if the wells are drilled without permission, the people's water administrative departments at or above the county level or the river basin management agencies will be ordered to stop the illegal acts according to their authority, and a fine of 20,000 to 100,000 yuan will be imposed according to the serious circumstances.

2. Legal basis: Article 67 of the Water Law of the People's Republic of China.

Where sewage outlets are set up in drinking water source protection zones, the local people at or above the county level shall order them to be dismantled and restored to their original state within a time limit; If it is not dismantled or restored to its original state within the time limit, it shall be forcibly demolished or restored to its original state, and a fine of between 50,000 and 100,000 RMB shall be imposed.

Without the review and consent of the water administrative department or the river basin management body, the new construction, reconstruction or expansion of sewage outlets in rivers and lakes without authorization, by the people's water resources administrative department at or above the county level or the river basin management agency according to their authority, ordered to stop the illegal acts, restore the original state within a time limit, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.

Article 68 Where the production, sale, or use in production and operation of backward processes, equipment and products with high water consumption that have been eliminated by the State, the local people's ** comprehensive economic department at or above the county level shall order the production, sale or use to be stopped, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan.

Article 69.

In case of any of the following acts, the people's water administrative department at or above the county level or the river basin management agency shall, on the basis of its authority, order it to stop the illegal act, take remedial measures within a time limit, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; and where the circumstances are serious, revoke their water intake permits

1) Taking water without approval;

2) Failure to take water in accordance with the conditions specified in the approved water intake permit.

2. How to apply for a water intake permit.

The method of applying for a water intake permit is as follows:

1. The construction unit entrusts the corresponding qualified unit to prepare the water resources demonstration report;

2. Water intake permit application report;

3. Submit to the examination and approval authority and organize expert review;

4. Revise the report and prepare the application materials; Submit an application;

5. After submitting the application, it will be reviewed, approved, and issued with a certificate.

1. What is the crime of digging wells to obtain groundwater without permission?

1. Digging wells to obtain groundwater without permission is an illegal act, not a criminal act. The people's water administration department at or above the county level, or the river basin management agency, according to its authority, will be ordered to stop the illegal act, and if the circumstances are serious, a fine of 20,000 to 100,000 yuan.

2. Legal basis: Article 69 of the Water Law of the People's Republic of China.

In case of any of the following acts, the people's water administrative department at or above the county level or the river basin management agency shall, on the basis of its authority, order it to stop the illegal act, take remedial measures within a time limit, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; and where the circumstances are serious, revoke their water intake permits

1) Taking water without approval;

2) Failure to take water in accordance with the conditions specified in the approved water intake permit.

Article 71.

If the water-saving facilities of the construction project are not completed or do not meet the requirements stipulated by the state, and are put into use without authorization, the relevant departments of the people's government at or above the county level or the river basin management agency shall order them to stop using them and make corrections within a time limit, and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan.

Article 72.

Where any of the following acts constitute a crime, criminal responsibility shall be pursued in accordance with the relevant provisions of the Criminal Law; If the criminal punishment is not sufficient, and the flood control law does not provide for it, the local people's water administration department at or above the county level or the river basin management agency shall, on the basis of its authority, order it to stop the illegal acts, take remedial measures, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; Where the Public Security Administration Punishment Law is violated, the public security organ shall give a public security administrative punishment in accordance with law; If any loss is caused to others, it shall be liable for compensation in accordance with the law

1) Encroaching upon or destroying water projects, embankments, revetments and other related facilities, or destroying flood control, hydrological monitoring, and hydrogeological monitoring facilities;

2) Within the scope of protection of water projects, engaging in activities such as blasting, drilling wells, quarrying, and soil extraction that affect the operation of water projects and endanger the safety of water projects.

2. What department manages the matter of digging wells and pumping groundwater without permission?

The water administration department is responsible for managing the unauthorized drilling of wells and the pumping of groundwater. In general, in the county, this department is called the Water Bureau.

The people's water administration departments at or above the county level, river basin management agencies and other relevant departments shall pay attention to maintaining the reasonable flow of rivers and the reasonable water levels of lakes, reservoirs and groundwater when formulating plans for the development and utilization of water resources and scheduling water resources, and maintain the natural purification capacity of water bodies.

Summary. Drilling wells is considered illegal mining. According to the relevant laws and regulations, if you take water without approval, or fail to take water in accordance with the conditions specified in the approved water intake permit, you will be punished in accordance with the provisions of the Water Law of the People's Republic of China; Where obstruction or harm is caused to others, the obstruction shall be removed and the losses compensated.

The crime of illegal mining refers to the act of a natural person or unit violating the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering a mining area planned by the state, mining areas of great value to the national economy and mining areas of others without authorization, or mining specific minerals that the state stipulates for protective mining without authorization, and the circumstances are serious. Unauthorized entry into state-planned mining areas, mining areas of great value to the national economy, or mining areas of others, or unauthorized mining of specific minerals for protective mining as prescribed by the state, where the circumstances are serious; A sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine.

Hello, I am a platform legal consulting lawyer, I am reading your question oh, please wait for me a little more Drilling wells is considered illegal mining. According to the relevant laws and regulations, if the water is taken without approval, or the water is not taken in accordance with the conditions specified in the approved water intake permit, it shall be punished in accordance with the provisions of the Water Law of the People's Republic of China; Where obstruction or harm is caused to others, the obstruction shall be removed and the losses compensated. The crime of illegal mining refers to the conduct of a natural person or unit violating the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering a mining area planned by the state, mining areas of great value to the national economy, or mining areas of others, or mining specific minerals that are subject to protective mining as stipulated by the state without authorization, and the circumstances are serious.

Unauthorized entry into state-planned mining areas, mining areas of great value to the national economy, or mining areas of others, or unauthorized mining of specific minerals for protective mining as prescribed by the state, where the circumstances are serious; A sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine of clearing money.

Criminal Law of the People's Republic of China Article 343 Whoever violates the provisions of the Mineral Resources Law by mining without obtaining a mining license, entering mining areas planned by the People's Republic of China, mining areas of great value to the national economy or mining areas of others without authorization, or mining specific minerals that the State stipulates for the implementation of protective mining, and the circumstances are serious, shall be sentenced to fixed-term imprisonment of not more than three years, short-term detention or controlled release, and/or a fine; where the circumstances are especially serious, the sentence is to be between three and seven years imprisonment and a concurrent fine. [Destructive Mining] Whoever violates the provisions of the Mineral Resources Law by employing destructive mining methods to exploit mineral resources, causing serious damage to mineral resources, shall be sentenced to fixed-term imprisonment of not more than five years or short-term detention and shall also be fined. Counted.