Shanghai Port Shoreline Management

Original Language Title: 上海港口岸线管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399442.shtml

Shanghai port shoreline management (Announced December 9, 1992, Shanghai Municipal People's Government, the 27th December 14, 1997, released by the Shanghai Municipal People's Government, the 53rd of the Shanghai Municipal People's Government on amendments to the procedures of Shanghai municipality for Administration of Sham Tseng and other amended provisions of part 68 regulations decision on June 24, 2004 Shanghai Municipal People's Government released 28th of the Shanghai Municipal People's Government on changes of chemical dangerous goods in Shanghai production safety supervision and administration  , 32 pieces municipal government regulations and normative file of decided amendment according to December 20, 2010 Shanghai City Government makes 52nd, announced of Shanghai City Government on modified straddling Shanghai City farm machinery accident processing provisional provides, 148 pieces municipal government regulations of decided amendment according to May 7, 2014 Shanghai City Government makes 16th, announced of Shanghai City Government on modified straddling Shang Harbour port line management approach, 8 pieces municipal government regulations of decided amendment and again announced) first article

    In order to strengthen the planning, use of shoreline management, maintaining the order of ports, full and proper use of shoreline, promoting the development of port production and construction, in accordance with relevant regulations of the State and this municipality, considering the actual situation in the city, these measures are formulated. Second Shanghai Municipal Communications Commission (hereinafter referred to as city traffic Commission) is the shoreline of a port authority of Shanghai.

    Management of city traffic Commission is a member of Hong Kong's political institutions specifically responsible for the jurisdiction of the Shanghai port's shoreline and water engineering construction of administration in Hong Kong.

Seaport on the third line planned by the municipal traffic Committee in conjunction with the planning and river management, according to the Shanghai municipal urban planning and overall planning of ports, in accordance with overall consideration and deep depth, comprehensive utilization, reasonable arrangement of principles.

    City traffic Commission according to the port development needs, the other side of line used for approval and reasonable adjustments to the shoreline that have been used.

    Fourth article of the regulation is applicable within the city limits building port and planned zone.

    Article fifth Shanghai construction within the port terminals, with water in all kinds of projects, involving flood control and safety, construction construction programme must be submitted after approval of water conservancy departments, according to capital construction approval process to perform the procedure.

    Article sixth built port bulkhead planning line, planned within the port area, June Pu line (the quay line of control), the municipal traffic Committee, in conjunction with city planning, irrigation, navigation, maritime safety supervision Department and flood control Headquarters designated.

    Article seventh all State organs, armed forces, groups, enterprises and institutions will need to use Bank of water project construction line must comply with urban planning and site selection stage, seek the advice of City Transportation Commission and river management; construction projects approved, formally apply to the municipal transportation Commission, approved and after obtaining the shoreline permits, can use the shoreline.

Article eighth units use the shoreline applications must provide the following documents and drawings:

(A) units to apply for approval of the competent departments of the project proposal and feasibility study report;

(B) the selection report, issued by the competent departments of city planning;

(C) use of shoreline of application report;

(D) the 1% mapping of its shoreline areas that draw, three to 1 per thousand of the topography;

    (E) the need to provide other relevant documents. Nineth temporary units with a coast line, must apply to the municipal transportation Commission.

Application procedures refer to the seventh and eighth sections these measures.

Temporary-use planning Harbor shoreline, relating to beach access, stability of river and flood control and security, and also agreed by the water Department.

    After the expiry of the temporary use of a shoreline, using necessary application for prolonged usage, but in case of national port when required, should be free to move on schedule. Tenth of municipal traffic authority shall upon receipt of applications for using Bank reports and related documentation made within 20th of licensing decisions.

    Cannot make a decision in the 20th, and approved by the head of the administrative organ, you can extend the 10th, and shall inform the applicant of the reasons for such further period. Article 11th if granted access to the shoreline, shoreline permits should be made within one year after, construction or use. Fails to invest in construction or use, shall make application and renewal procedures, for six months.

    Fails to handle the rollover procedures or extension has still not put into construction or use, City Transit Authority may lift the use of shoreline license.

12th use of shoreline change using the Bank line, should be handled at the municipal traffic Committee and approval procedures.

    Terminate your use of the shoreline shoreline use units should be handled at the municipal traffic Committee shoreline permits cancellation, returned to the shoreline of a port usage certificate. 13th approved the temporary use of the shoreline within the unit are not allowed to build permanent facilities.

    Upon termination of the use of units in the use of the term, should be responsible for demolishing water engineering facilities and buildings, and the shoreline permits cancellation procedures. Seaport on the 14th line production and management activities and related units, were required to pay a fee for use of shoreline.

    Bank wire fee is imposed by the scope, standards, and time by the municipal traffic Committee in conjunction with the municipal finance and price management Department separately.

    15th adjustments to the original and use the shoreline or demolition of their corresponding water engineering facilities, and use shall, in accordance with the relevant provisions, the unit which used to give reasonable compensation.

16th construction units should be strictly in accordance with approval documents and planning permit of construction engineering requirements, according to drawings, construction without a license is strictly prohibited.

    Within one month after completion of the waters, the construction unit shall be built plan to send city traffic Commission approval.

    17th Bank line units need to change use of shoreline features, should be handled at the municipal traffic Committee and approval procedures.

    18th Hong Kong Administration Agency staff across the line usage as well as construction of water engineering, inspection and supervision.

    Article 19th without approval of the City Transportation Commission and occupying port shoreline or across, cross-shore line in the construction of frontier waters, the City Transportation Commission shall order its withdrawal from the shoreline, restitution and a fine of 30,000 yuan fine.

    20th the illegal sale, lease, Exchange, approved by the Transportation Committee, has the shoreline, City Transit Authority has the right to order the correct within, and to a fine of up to 10,000 yuan for the parties in serious cases, a 30,000 yuan fine, right to use and can recover their coastline. 21st of municipal traffic administrative penalties, it shall issue a written decision of administrative penalty.

The fines, shall issue a municipal finance department confiscated property of the printed receipt.

    Revenue from fines turned over to the State Treasury according to stipulations.

22nd where specific administrative acts to the City Transportation Commission, may, in accordance with the People's Republic of China administration reconsideration law and the People's Republic of China administrative procedural law provisions apply for administrative reconsideration or bring an administrative suit.

    Parties within the statutory time limit does not apply for reconsideration does not sue, or carry out a specific administrative act, departments to formulate specific administrative acts in accordance with the People's Republic of China administrative litigation law of the provisions apply to the people's Court for compulsory execution.

    Article 23rd report that someone has violated these measures, verified, government regulatory bodies may give due rewards to informants.

24th article this way is the meaning of the following terms:

(A) the port have been built, refers to the Shanghai port has been built within the context of Terminal and other facilities related to the area of transport.

(B) the planned port, is defined by the State Council or municipal government approved the development potential of the area.

(C) the shoreline, refers to the bulkhead in the Yangtze River estuary and the Huangpu River planning line refers to the mean high tide along the coast and the land border line.

    (D) construction of water projects, is in the waters under the jurisdiction of Shanghai port in the new, expansion and the construction of piers, boat row, dock, Harbour, dock, flood walls, bamboo rafts on the waters of the warehouse in Park, set the barges, floating docks, buoy construction works.

    25th article of the way the concrete application of the municipal transport authority is responsible for the interpretation. 26th article this way come into force on January 1, 1993.