Shoreline Use Approval Management

Original Language Title: 港口岸线使用审批管理办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201207/20120700370471.shtml

Shoreline use approval management

    (May 22, 2012, the national development and Reform Commission, the Ministry of transport order [2012] the 6th release from July 1, 2012) first use approval in order to regulate the shoreline management and safeguard the rational development and utilization of port shoreline resource, protect the legitimate rights and interests of the parties, in accordance with the People's Republic of China ports act and related laws and regulations, these measures are formulated.

    Second in the overall planning of ports building piers and other port facilities in the region use the shoreline, shoreline use approval shall be in accordance with this approach.

    Shoreline development consistent with article III of port planning, adhere to the deep water, saving efficient and rational utilization, principles of orderly development.

    Article fourth shoreline work throughout the country, Director of transportation, in conjunction with the implementation of the national development and Reform Commission on deep water coastline with the approval of the port.

    Local people's Governments at or above the county level administrative department in accordance with these measures and responsibilities under the people's Governments at the provincial level, specific use shoreline using the approval of the relevant work.

    Article fifth shoreline in these measures, needed to maintain normal operation of port facilities related to water and land. Shoreline is divided into non-deepwater port deepwater coastline and shoreline.

    Non-deepwater port deepwater coastline and shoreline classification standard and scope shall be formulated and published by the Transport Department.

    Sixth article needs to use port shoreline construction projects, should be submitted prior to application or feasibility study report of the project, the port is located port administration authorities apply for shoreline application materials include:

    (A) the forms of shoreline of a port;

    (B) the applicant and the relevant supporting documents;

    (C) construction project feasibility study report or project application report;

    (D) maritime and waterway views of sector on construction projects;

    (V) other materials stipulated by laws and regulations.

    Shoreline using the application form provided for in the preceding paragraph styles provided centrally by the Ministry of transport.

    Article seventh port local port administration authorities after receiving the application materials, the application materials comply with the statutory format, it should be accepted on the spot; the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within five working days, inform the applicant needs to supplement the entire contents.

    Article eighth deepwater coastline using the port of port local port administration department upon receipt of the application, shall apply for the use of Bank on-site verification, verification of application materials, go to the provincial port administration authorities.

    The provincial port administration authorities after receiving the shoreline application materials for use, shall organize the expert review, and in consultation with the provincial development and reform Department, after preliminary views put forward, together with the application materials are reported to the Ministry of transport.

    Department of transportation after the receipt of the application materials and preliminary review opinions, review, in conjunction with the national development and Reform Commission to approve or not to approve the decision.

    Nineth the application deep water coastline using the port, port is located the port administration and the provincial port administration authorities shall on receipt of the shoreline application materials for use within 20 business days after completed on-site verification, trial and transfer the work. Ministry of transport should receive the shoreline application materials for use within 20 business days after completion of the review, and make the decision in conjunction with the national development and Reform Commission.

    Cannot be concluded within 20 working days, approved by the Director, you can extend the ten working days.

    Shoreline expert review time required is not included in the terms of use.

    Tenth shoreline use application review, expert reviews covered includes:

    (A) compliance with industry policies and port construction project planning;

    (B) the necessity of constructing the project analysis;

    (C) feasibility study application to shoreline using the programme or project compliance with national technical standards and specifications;

    (D) use of shoreline of the rationality analysis;

    (E) use of shoreline plan does meet the requirements of traffic safety in the fairway,;

    (F) the laws, regulations and other requirements set by the State. 11th by the State Council or the State development and Reform Commission for approval, approval of port construction projects, feasibility study report submitted to the national development and Reform Commission, or when the project application report, should be also reported to the Ministry of transport.

    Department of transportation when the industry comments on port construction project, presented in conjunction with coastline views.

    Approved by the State Council or the national development and Reform Commission for approval, other construction projects, construction of port facilities in the overall planning of ports, deepwater coastline using the port, the national development and Reform Commission before approval, approval, consulted the Ministry of transport on projects using views of the shoreline.

    Referred to in the first paragraph of this article, the second construction project without further approval for using the shoreline of procedures.

    12th port line using the approval authority for the review of the decision to approve the shoreline using the application, shall issue a shoreline using the approval documents.

    Approval authority decides not to approve the use of shoreline of a port, it shall inform the applicant in writing and state the reasons.

    13th shoreline of port facilities projects without shoreline use approval documents or views of the Department of transportation to use shoreline shall not be approved port facility preliminary design and construction permits.

    14th has been approved for use in deepwater coastline of port construction projects, should be achieved in construction project approval, approval within ten working days after the document, shoreline construction project approval documents and approval, approval documents to the Department of transportation for a shoreline using the card.

    Shoreline permits shall include the following:

    (A) the use of shoreline of people;

    (B) the construction of the project;

    (C) the scope and purpose of the shoreline;

    (D) the term of validity;

    (V) other issues and requirements.

    The shoreline permits under this section developed centrally by the Ministry of transport.

    15th Administrative Department shall timely ratification of the related Government websites publish shoreline use information. Article 16th shoreline construction projects, approval from the shoreline should be two years from the date of construction.

    Fails to start construction, approval documents of failure, has obtaining shoreline used should be written off.

    After approval has expired, if this project needs to use port shoreline, shall renew the shoreline use and approval procedures. 17th port line permits valid for no more than 50 years.

    Time continues to use, shoreline users shall, on the expiry of a period of three months prior to applying the original approval authority.

    Article 18th shoreline or after obtaining the shoreline permits, as a result of the enterprise changed its name or control transfers lead to changes in shoreline who actually use, or altering the use of approved bank lines, shall, in accordance with the procedure as provided herein the original approval authority.

    19th under any of the following circumstances, the port administration shall handle the shoreline to use card cancellation procedures:

    (A) no extension of the expiry;

    (B) the termination of the project legal person according to law, no longer use the shoreline;

    (C) adjustments for port planning and construction projects of the shore line is no longer used as a shoreline.

    20th shoreline using the examination and approval authority and their staff abuse, negligence, malpractice, administrative sanctions by the relevant administrative authority constitutes a crime, shall be investigated for criminal responsibility by judicial organs. Applicant 21st port line used to hide relevant information or provides false information to apply for Bank licenses, inadmissible or no permission.

    Shoreline applicant fraud, bribery or other improper means to shoreline license should be revoked.

    22nd is not required under this approach the shoreline's approval, unauthorized use of shorelines, above the county level by the local people's Governments or port administration authorities, in accordance with the law on ports 45th of the rules will be punished. 23rd these measures come into force on July 1, 2012.