The term geological disaster refers to such disasters that are related to geological movements like rockfall, landslide, mud flow, surface collapse, geosuture, and ground subsidence which are triggered either by natural factors or human activities, jeopardizing people's lives and their property.

China is one of the countries in the world that suffers most from geological disasters, and there are many types of geological disasters, including rockfall, landslides, surface collapse, ground subsidence and geosuture, etc.

Rockfall, landslides and mud flows have occurred in 44.8% of the land in China, of which, the situation in southeast China and northwest China is particularly severe. Surface collapse (including karst surface collapse and mining surface collapse) are mainly distributed in karst regions and mining regions. Karst surface collapse is widely distributed in China. Since 1949, there had been nearly 1000 cases of surface collapse, covering 24 provinces (including autonomous regions and municipalities), resulting in over 30,000 collapse holes, most of them occurred in mid-south China and southwest China.

Mining surface collapse in mining area (mostly coal mining) is a severe issue. In the coal mining areas in north China and east China alone, each year the combined size of mining surface collapse reaches 105,000 Chinese mu, causing billions of RMB in direct economic losses.

Ground subsidence mainly occurs in the eastern plain area and severe ground subsidence disasters have occurred in over 40 large and medium sized cities across China, including Shanghai, Tianjin, Suzhou and Wuxi. Although ground subsidence does not directly cause casualties, as it mainly occurs in economically more developed cities, the economic losses in particular are extremely severe.

There have been more than 400 cases of geosture in 17 provinces (including autonomous regions and municipalities), covering 200 cities and counties. Each year more than 1,000 people are dead due to various geological disasters on an average basis, and the economic losses exceed tens of billions of RMB. Geological disaster has become one of the main disasters that cause human casualties in China.

Over the past few years, along with the rapid economic development in China, there have been more and more engineering activities for the exploitation of various resources and more and more different construction projects, which pose immense pressure to the already fragile geological environment in China. Apparently, the number of geological disasters triggered by irrational human engineering activities has been on the rise over the past few years.

The Party and the government have always attached great importance to the prevention and control of geological disasters in China. Over the last few years, officials from the State Council have made over 20 instructions in relation to geological disaster prevention and control to the Ministry of Land and Resource on a yearly basis.

On May 12, 2001, the General Office of the State Council transmitted the Notice on Reinforcing Geological Disaster Prevention and Control, a document jointly issued by the Ministry of Land and Resources and the Ministry of Construction (State Council Office No. 35 [2001]).

On July 15, 2003, the State Council issued an Urgent Notice to people's governments in various provinces, autonomous regions and municipalities directly under the central government, as well as relevant ministries and government organizations directly under the State Council on Strengthening Geological Disaster Prevention and Control During the Flood Season (No. 29 State Council Office [2003]).

The issuance of these two documents helped to intensify administration of relevant government departments on geological disaster prevention and control and they have played an essential role in standardizing various engineering activities that might trigger geological disasters.

Since the establishment of the Ministry of Land and Resources in 1998, geological disaster prevention and control has been listed as one of its key tasks, and the Ministry has stepped up its efforts in investigating, monitoring and evaluating potential geological risks for the purpose of disaster prevention and control.

During the process of overall geological disaster investigation and regional planning involving 555 counties (cities) that were under severe threat of geological disasters, which was part of the national general land resources investigation, over 40,000 potential geological disaster spots were detected.

The Ministry of Land and Resources dispatches expert teams to areas severely affected by geological disasters in each flood season to conduct circuit inspections, supervise local mass monitoring and mass prevention network as well as the forewarning systems and direct disaster prevention, rescue and relief arrangements.

Practical experience shows that effective geological disaster investigation, evaluation, planning, monitoring, forewarning and prevention is the efficient and direct way to reduce the casualty and economic loss of the geological disaster. According to the statistics, since 1998, relevant departments have successfully predicted and forecasted over 1000 geological disasters across the country and to a minimum prevented over 30,000 human casualties and billions of RMB in economic losses.

However, there are still some issues need to be addressed in relation to geological disaster prevention and control and such issues are reflected in the following five areas.

Firstly, the fundamentals of the geological disaster prevention and control in China are still weak, the geological disaster monitoring network is not complete and the compilation of geological disaster prevention and control planning and the annual geological disaster prevention and control programs have not been standardized.

Secondly, a number of units have neglected geological disaster prevention in carrying out economic construction activities, in consequence geological disasters triggered by such human activities like the engineering projects often occur.

Thirdly, the contingency response mechanism against sudden outbursts of geological disasters have not been truly established and such problems like the reporting channel on potential geological disaster danger spots and on the disasters are not smoothly set, the speed of contingency response is too slow and insufficient preparation for the contingency events, etc.

In the fourth place, the responsibilities of relevant government departments and the rights and obligations of relevant units still need to be further clarified. In the fifth place, the investment mechanism for geological disaster prevention and control is not complete and there is a lack of funds for disaster prevention and control.

In March 1999, the Ministry of Land and Resources promulgated the Administrative Measures on Geological Disaster Prevention and Control (Order No. 4, by the minister of the Ministry of Land and Resources), which has played a positive role in standardizing administration of geological disasters and reducing human casualties and property losses.

However, there are certain limitations in this regulation. Judging from the experiences of the past few years, existing regulations issued by relevant departments as well as laws and regulations issued by local governments all need to be supplemented and updated in terms of coverage scope, legal force and the legal enforceability.

Legislation is the only way to effectively standardize various endeavors for geological disaster prevention and control throughout the whole society, to clearly specify the responsibilities, rights and obligations of governments at all levels as well as all departments concerned and the citizens in relation to geological disaster prevention and control and to best prevent and alleviate damages and losses caused by geological disasters.

On November 19 2003, the Regulation on the Prevention and Control of Geological Disasters was adopted by the 29th executive conference of the State Council and on November 24 2003, Premier Wen Jiabao signed on the State Council Order No. 394 and approved it to be publicly announced and implemented as of March 1 2004.

The following three principles have been confirmed through the Regulation on the Prevention and Control of Geological Disasters:

The first principle is "prevention first, combining avoidance, control and treatment, while conducting overall planning and focusing on the key areas";

The second principle is "The people's governments at all levels shall be responsible for treating geological disasters triggered by natural factors; and the responsibilities of treating geological disasters triggered by human activities shall be born by the party that triggered the disaster";

The third principle is "unified administration, sharing the work and cooperate with each other"; the land and resources administrative department under the State Council shall be responsible for organizing, coordinating, directing and supervising prevention and control of geological disasters across the country. Other departments under the State Council shall be in charge of works related to the prevention and control of geological disasters in line with their respective official responsibilities.

In addition, the following five legal systems are instituted in the Regulation on the Prevention and Control of Geological Disasters:

In the first place, the state will implement a geological disaster investigation system. Jointly with construction, water resources, railway and communications departments under the State Council, the land and resources department under the State Council will conduct national geological disaster investigation in accordance to the geological environment. The land and resources departments above the county level shall work together with construction, water resources, railway and communications departments at the same level to conduct geological disaster investigation in accordance to local geological environment within each administrative area and formulate relevant geological disaster prevention and control planning based upon the results of the investigation.

In the second place, the state will implement a geological disaster forecasting system, which mainly covers the likely time, place, scope and degree of severity of the potential geological disasters. Such geological disaster forecasts shall be jointly issued by the land and resources administrative departments and the meteorological departments above the county level. No units or individuals will be allowed to issue geological disaster forecasts to the society without authorization.

In the third place, the state will implement a geological disaster risk assessment system. It is stipulated in the Regulation that before any construction projects are carried out in areas prone to geological disasters, risks of geological disasters shall be assessed while conducting the feasibility study for the construction project and the result of the assessment shall form one part of the feasibility study report. If the feasibility study report fails to include results of the geological disaster risks assessment, such feasibility study report shall not be eligible for approval.

In the fourth place, the State implements a qualification management system to units that engage in geological disaster risks assessment. It is stipulated that for any units to be engaged in geological disaster risk assessment, they must first pass the qualification examination conducted by the land and resources administrative departments above the provincial level and obtain the corresponding graded qualification certificate issued by the land and resources administrative departments. Such units shall strictly observe the business scope defined by the graded qualification certificates that they have thus obtained.

In the fifth place, the state implements a "tri-synchronized" system to the geological disaster treatment projects implemented as auxiliary project to the primary construction project, meaning that auxiliary geological disaster treatment projects shall be implemented for those construction projects that might trigger or suffer from geological disasters, as indicated by the results of the geological disaster risks assessment. The designing, construction and acceptance inspection of the auxiliary geological disaster treatment projects shall be conducted during the same time when the designing, construction and acceptance inspection for the primary project is conducted. The main construction project will not be allowed to put into production or utilization if the auxiliary geological disaster treatment project did not go through the procedures of acceptance inspection or failed to pass the acceptance inspection.

In addition, it is stipulated in the Regulation that people's governments at various levels must adopt the following five preventative measures in relation to geological disaster prevention and control:

1. The state will set up a geological disaster monitoring network and a forewarning information system.

2. People's governments above the county level must formulate annual geological disaster prevention and control program, announce it to the general public and execute accordingly.

3. People's governments above the county level must formulate contingency planning on the sudden outburst of geological disasters and announce it to the public.

4. In the event that any geological disasters occur, and in accordance to the actual needs, People's Governments above the county levels may set up commanding agencies in order to direct, organize and carry out relevant rescue and relief work with unified commanding under the leadership the people's government at the same level.

5. Counties, townships and villages located in areas prone to geological disasters should strengthen mass monitoring and mass prevention against geological disasters.

Furthermore, it is clearly specified in this Regulation that the offenders will be held responsible according to the law. Offences against this Regulation shall bear the criminal, civil and administrative responsibilities as set below:

1). Criminal responsibilities

Offences committed by people's governments, land and resources administrative departments and other concerned departments above the county level, offences committed by the construction units, the geological disaster risk assessment units and units involved in the survey, design, construction and construction supervision for geological disaster treatment projects and offences committed by other concerned units and individuals as specified by Article 40, 41, 43, 44, 45 and 46 of this Regulation may have violated the stipulations of Article 385, 397, 114, 137, 280 and 275 of the Criminal Law and may be held responsible for such criminal offences as bribery, dereliction of duty, abuse of power, jeopardizing the public security through other dangerous ways, causing severe security accidents, forging, twisting, purchasing or selling official documents, certificates or seals of state organs and intentionally destroying property. It is clearly specified that those who commit criminal offences will be prosecuted accordingly.

2). Civil responsibilities

Article 42, 43, and 44 of the Regulation stipulated that the construction units, geological disaster risk assessment units, units involved in surveying, designing, construction and construction supervision of geological disaster treatment projects and individuals who cause damages to other parties will be responsible for indemnification in accordance to the law. Article 46 of the Regulation stipulated that those who take possession of, destroy or damage the geological disaster monitoring facilities or other facilities of geological disaster treatment projects shall be ordered to restore to the original state of affairs or to take up measures for remedy.

3). Administrative responsibilities

Article 40 of the Regulation has stipulated three types of administrative disciplines, which are demotion, discharge from the post and dismissal, to be applied in accordance to the severity of the offences, for those government employees who violate the law in relation to geological disaster prevention and control. It is stipulated in Article 41, 42, 43, 44, 45 and 46 of the Regulation that any units and individuals violating laws in relation to geological disaster prevention and control shall be facing such administrative penalties as being ordered to make corrections within a designated time period; to pay punitive fines; being ordered to provide treatment within designated time period; being ordered to suspend the business operations and carry out rectifications; its qualification grade being degraded, its qualification certificate being revoked and its illegal income being confiscated.

The promulgation and implementation of the Regulation on the Prevention and Control of Geological Disasters will further standardize the prevention and control efforts in relation to geological disasters in China. It will not only contribute to better safeguard the sustainable development of our society and economy, but also will help to further improve the level of geological disaster prevention and control in China and better protect the lives and property of the general public.