Hangzhou Port Management

Original Language Title: 杭州市港口管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399597.shtml

Hangzhou port management

    (December 20, 2013, Hangzhou City people's Government, the 16th Executive meeting January 13, 2014 the Hangzhou people's Government order No. 276, published since March 1, 2014) first for enhancing port management, protection and rational development and utilization of resources, maintaining the order of port operations, security port security, according to the People's Republic of China ports act, the Zhejiang Province port regulations and other laws and regulations, combined with the city's actual, these measures are formulated.

    Second approach applies to the Hangzhou port planning, construction, maintenance, operation and related administrative activities.

Third municipal traffic administrative departments in charge of the municipal port administration, municipal port management bodies of its concrete implementation of the daily administration of the port.

    Development, planning, land reform, water conservancy, environmental protection, maritime, public security, industry and commerce, safety, quality and technical supervision administration departments and district and County (City) people's Government shall, in accordance with their respective mandates, in collaboration with good management of the port.

    Fourth of municipal and district (counties and municipalities) people's Government should be funding support for the port new technology, new material and new technology research and development and application. Fifth Hangzhou port planning by relevant departments for city traffic development and reform, planning, land, water, fisheries and other competent administrative departments and in consultation with the district and County (City) Government.

Port planning of Hangzhou municipal people's Government for review, in accordance with the People's Republic of China ports act approval of the superior authorities, publish.

Hangzhou Hong Kong focus port of control sex detailed planning by city traffic administrative competent sector with city planning administrative competent sector prepared, by city government audit Hou, according to Zhejiang Province port management Ordinance of provides, reported to the superior organ approved Hou announced; other port of control sex detailed planning by city traffic administrative competent sector with location of County (City) Government prepared, reported City Government approved Hou announced implementation, and according to Zhejiang Province port management Ordinance of provides reported superior organ record.

    Hangzhou port planning should be incorporated into the overall urban planning, detailed planning and control.

    Sixth city, County (City) of development and reform, land and Planning Department at the time of preparation of the relevant port area planning shall give priority to the port logistics, warehousing, port industry functions involving port planning, should seek the views of city traffic administration departments.

Article seventh shoreline development follow the same planning, principles of orderly development and reasonable utilization.

    Shoreline used shall conform to the port of port shoreline resource priority should be used for port planning and construction.

    Article eighth building port facilities need a shoreline, or due to any construction requires temporary use of port shoreline construction of port facilities, the unit or individual should submit a license application to the municipal port management bodies.

Nineth applications use port shoreline, the unit or individual should fill out applications for shoreline, and submit the following materials:

(A) use the shoreline of a port construction project feasibility study report or report, includes shoreline of the necessity, feasibility and economic reasonableness;

(B) issued by the Department of land administration through the construction of projects with prequalification documents;

(C) dangerous goods terminals, ferry terminals or silo Terminal, safety assessment reports submitted;

    (D) other materials stipulated by laws, rules and regulations.

Tenth request temporary use of shoreline, the unit or individual shall fill in application for temporary use of shoreline, and submit the following materials:

(A) length of shoreline for temporary use, scope, function and construction of provisional description of the necessity and feasibility of port facilities;

(B) land land use right certificate file;

(C) qualified design unit of the proposed port facilities location map, a location map of the structures in a channel the main control point coordinates layout;

    (D) to restore the original appearance of the shoreline after the expiry of the implementation plan.

11th of municipal port management authority shall accept use of shoreline application or for temporary use within 30th of shoreline application approval or disapproval decision.

    Decisions to grant permission, port management bodies, shall be issued to the applicant shoreline using a certificate or provisional certificate shoreline.

12th port line used the term determined according to the duration of land use rights on land, but not longer than 50 years. Shoreline provisional period not exceeding 2 years. Need to continue to use the expiration of, shall, on the expiry of 30th continued formalities apply to the port management.

    Shoreline temporary use rights cannot be transferred.

    13th shoreline using the name or name, legal representative, change of residence, shall from the date of registration in the 15th, port management, to the Agency to apply for registration of change. 14th port line use shall, in accordance with the approved scope, functional use of shoreline.

Shoreline change using the scope, features, and should re-apply for shoreline licensing. Ban is likely to affect the shoreline stabilization or damaged shoreline activities.

Shoreline use shall, in accordance with the provisions on the use of shoreline and BANK in the port area is undergoing routine maintenance.

    Temporary end of shoreline, use shall, in accordance with the applications submitted by the recovery implementation plan of the original appearance of the shoreline in the 3 months to restore the original appearance of the shoreline. 15th have been built within the area of operation of the port shall be built with construction projects unrelated to port operations.

    Investment project is located in the port area, pending approval by the development and reform commissions in the implementation of the project approval or shall consult the municipal traffic administrative departments belonging to implement records management of investment projects, development and reform within the Department shall record 10th, CC, city traffic administration departments. 16th dangerous cargo terminals, ferry terminals, the silo Terminal is completed, shoreline shall entrust a qualified intermediary for the safety assessment.

    Without the safety assessment shall not be put to use.

Article 17th port operator, it shall go through the permit for port operation procedures. Port needs to extend the expiration of the license term, port operator shall, on the expiry of 20th to apply to the municipal port management bodies.

    Should be operating at the port, port management bodies whether or not to approve the extension before the expiry of the period of validity of decision fails to make a decision, considered to approve the extension.

18th port operator's name or name, legal representative, change of residence shall apply for registration to the municipal port management bodies within the 15th days apply for alteration registration.

    Handling technology for port operators, responsible for the safety management changes should be reported to the municipal port management bodies in the 15th, and submitting the appropriate documentation.

19th transformation by the licensing of operators of port terminals, Stockyards, warehouses, storage tanks, sewage and garbage disposal facilities shall, in accordance with relevant laws, regulations and rules the provisions of reconstruction procedures. Port operators do not use is to transform the port facilities in port operations. Terminal facilities during the transformation, you need to use an improvement of the facilities engaged in port operations, port management, port management bodies, shall, prior to the report.

    Municipal port management body found port licensing conditions are not met, shall be ordered to stop operations.

    Article 20th port operator may not ship for not entering and leaving port procedures provide loading and unloading services, shall not exceed the ship's approved loading line loads.

    21st port operator should arrange production in accordance with the requirements of safe operation ships, maintenance of apron parking order.

    22nd port operators should be approved according to the design load loading cargo in the region, Depot, warehouse loading of different types of goods, such as high-limit signs must not exceed load limit. 23rd port operation area should be set up isolation facilities, implement closed management.

Terminals within the port, warehouse, Depot, station, Office area, waiting area and other functional areas shall distinguish clearly and set the appropriate signs and markings.

    Port operators should be based on the characteristics of production and management in the workplace setting fire, lightning protection, video surveillance and other security facilities, and sets the appropriate safety signs.

    24th Hong Kong, operators shall be in accordance with port practice for job implementation of hoisting, ship berthing and more dangerous jobs and arrange for on-site safety management. 25th port operators should be within the port area gas stations, fuel oil used repositories, dangerous goods terminals, ferry terminals, safety assessment of silo Terminal.

Twice the safety assessment interval shall not exceed 3 years.

    The safety assessment security vulnerability is discovered, port operator should take steps to eliminate security risks, prevent the occurrence of safety accidents.

Article 26th the port should fulfil its safety responsibilities, establish and improve the safety management systems, periodic checks on production safety conditions and safety facilities and scale down by port operations area is equipped with a qualified security personnel. Port operators should develop the unit's emergency plan, and submitted to the municipal port authority record.

Port operator shall, in accordance with the emergency plan provided with corresponding personnel and equipment, and stockpile emergency supplies,, port management, and in accordance with agency requirements to organize drills.

    Ports in the event of a production safety accident, port operator should immediately activate emergency response plans, and to take effective measures to organize rescue, de-escalation, and in accordance with the production safety accident reporting and investigation of relevant provisions of the regulation on the handling of abusive incidents of production safety supervision and Management Department, port management, and agency reports.

27th of municipal port management institutions should be regularly inspected the port found unsafe and ordered port operators to take measures to prevent the occurrence of safety accidents.

    Traffic, maritime and other relevant administrative departments shall, in accordance with their respective responsibilities, to strengthen the supervision and management of port safety.
28th municipal port management bodies can credit assessment management system for port operators, port operator established credit file, and report regularly to the public port operator credit evaluation information.

    Article 29th acts in violation of these rules, People's Republic of China Law on ports, the port, Zhejiang Province, regulations and other legal provisions, regulations on punishment, from its provisions.

Article 30th disobey article 13th, shoreline use is not in accordance with the provisions for registration of changes of the municipal port authority a rectification, it fails to mend, and fined 1000 Yuan more than 5000 Yuan fine.

    Violation of the second paragraph of this article 14th, third paragraph, and affect the stability or damaged shoreline shoreline activities, is not in accordance with the provisions for shoreline maintenance, or is not completed in accordance with the provisions of shoreline restoration, the municipal port authority a rectification, it fails to mend, fined 10,000 yuan and 30,000 yuan fine.

31st port operator of a violation of these rules by the municipal port management bodies be punished in accordance with the following provisions:

(A) violation of article 18th, failing to apply for alteration registration and rectification, and a fine of 1000 more than 5000 Yuan fines;

(B) the violation of the article 19th paragraph, did not report to the municipal port management bodies, rectification, and a fine of 5000 Yuan and 30,000 yuan fines;

(C) contrary to article 20th, for not entering and leaving port procedures for ships loading and unloading services, or more than approved by the ship load line load, correction, and a fine of 1000 more than 5000 Yuan fines;

(D) the violation of the article 21st, was not in accordance with the requirements of safe operation ships, maintenance of Wharf apron parking order, correction, and a fine of 500 Yuan and 2000 Yuan fines;

(E) breach of article 22nd, cargo load is not in accordance with the provisions set higher limit sign, shall be ordered to correct, and punishable with a penalty of 200 Yuan more than 2000 over design load loading cargo or beyond the approved areas piling up goods, correction and fined 2000 Yuan and 10,000 yuan fines;

(Six) violation 23rd article provides, not on port job district implementation closed management or not according to provides set fire, and anti-mine facilities of, ordered deadline corrected, late not corrected of, sentenced 2000 Yuan above 20,000 yuan following fine; not according to provides set video monitoring facilities, and security logo of, ordered deadline corrected, late not corrected of, sentenced 500 Yuan above 5000 Yuan following fine;

(VII) breach of article 24th, not implemented according to port operation of hoisting, ship berthing operations, fined 5000 Yuan and 30,000 yuan fines; implementation of ship berthing operations did not arrange for on-site safety management, and fined 1000 Yuan and 10,000 yuan fines;

(VIII) violation of the 25th article, is not in accordance with the provisions of the port facility security assessment shall be ordered to correct, and a fine of 10,000 yuan and 30,000 yuan fines;

    (I) violation of the 26th the second paragraph, failing to organize port emergency plan exercise, rectification, it fails to mend, fined 10,000 yuan and 30,000 yuan fine.

    32nd of municipal traffic administrative departments, port management bodies and staff members in violation of the rules, abuse of power, negligence, malpractice, by their work units, organs at higher levels or the supervisory organ shall be given administrative sanctions. 33rd article this way come into force on March 1, 2014. December 28, 1991 Hangzhou City Government makes 29th, released, according to December 5, 1997 Hangzhou City Government makes 120th, announced of Hangzhou City Government on abolition 5 pieces Government regulations modified 60 pieces Government regulations individual terms of decided first times amendment, and September 20, 2004 Hangzhou City Government makes No. 207, announced of Hangzhou City Government on modified straddling Hangzhou City river channel management approach, 18 pieces municipal government regulations part terms of decided Second amendment announced on May 18, 2012, the Hangzhou people's Government order No. 270, the Hangzhou municipal people's Government on changes of foreign-invested enterprises in Hangzhou 23 the interim provisions on the collection and management of land use fees regulations, part of the third amendment of the provisions of the decisions of the Municipal Government of Hangzhou, specialized terminals regulation repealed simultaneously. March 13, 1995, Hangzhou municipal people's Government, the 82nd release, December 5, 1997, 120th issue of Hangzhou Municipal Government of Hangzhou municipal people's Government on the abolition of the 5 regulations amended 60 Government decided by individual provisions of the Hangzhou port regulations as amended and repealed.