Shenzhen Dongjiang Water Source Project Management Approach

Original Language Title: 深圳市东江水源工程管护办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399355.shtml

Shenzhen Dongjiang water source project management approach

    (Shenzhen City Government fifth session 97 times Executive Conference considered through November 27, 2013 Shenzhen Government makes No. 259, be announced since January 1, 2014 up implementation) first article for strengthening Shenzhen Dongjiang water engineering management, optimization configuration water resources, guarantees production life water, promote economic and social development, according to People's Republic of China water Guangdong Province water management Ordinance, legal, and regulations, combined this city actual, developed this approach.

Second approach applies within the administrative area of Shenzhen Dongjiang water source project management, protection and use of the activity.

    Otherwise provided by laws and regulations, from its provisions.

Article of Dongjiang water source project in these measures (hereinafter the project), refers to the Shenzhen Municipal People's Government to invest in the construction and management of the use of the Dongjiang to Shenzhen water diversion, water storage, water distribution, water distribution project and its associated facilities.

    This engineering is has public, and based sex, and strategic of water resources configuration engineering, by take water mouth, and pumping station, and tunnel, and box culvert, and pipeline, and aqueduct, and inverted siphon, and channel, and valve room (well), and measurement room, and sluice, and adjustable storage engineering, and management station, and abandoned slag field, and substation, and monitoring protection facilities equipment and transmission line, and communications line, and dedicated road, and lighting facilities, and logo real, composition. Fourth municipal water conservancy administrative departments are to the project authority.

Municipal water conservancy administrative departments should strengthen the administrative area of the city along the relevant administrative departments of communication and coordination, explore the establishment of Shenzhen-Dongguan Hui joint law enforcement mechanism.

Shenzhen Dongjiang water source project management service is the project management agency, responsible for the project management of the operation and the specific work and delegate management matters according to law.

    Land planning, public safety, environmental protection, construction, transportation, electric power and other sectors in accordance with their respective responsibilities, to protect engineering work.

Fifth project management agencies should strengthen the publicity and education work of engineering protection and create a good social environment for the protection of water resources and water engineering.

    Any unit or individual to damage works and endanger the safety of has the right to report it.

Sixth article of the project management scope includes:

(A) along the expropriation and requisition in accordance with law of the land and waters;

    (B) engineering and ancillary facilities.

Seventh article in the context of the project management, prohibits the following acts against safety:

(A) the removal of Earth and gravel, sand, blasting, drilling wells, drilling, trenching, digging, digging ponds;

(B) damage, damaged water conservancy facilities and ancillary facilities and equipment;

(C) the unauthorized construction of buildings and structures;

(D) the embankment (Dam) top, raw water pipeline, culvert, special drives overhaul the overrun on the project facilities, such as overweight;

(E) in the raw water pipeline, a dedicated repair stacked above the road material;

(F) the burning, farming, grazing of livestock facilities provided for purposes other than behavior;

    (VII) other acts that endanger safety.

Eighth article within the scope of the project management, prohibit acts of the following kinds of pollution:

(A) directly or indirectly, to discharge sewage, wastewater, stacking, landfill, waste dumping, waste solid waste or other hazardous substances;

(B) swimming in the waters, washing, washing of vehicles or other equipment;

(C) the use of electric shocks, toxic substances are explosives, killing fish and other aquatic animals;

(D) vehicles on loads of toxic chemicals, vessels;

    (E) other acts that pollute the water.

Nineth management within the scope of this project lands and waters managed by the engineering operation management bodies in accordance with the purposes set out, shall not be used for leased or used in connection with the construction, management and maintenance unrelated purposes.

    No unit or individual is allowed to seize land for the project management. Article tenth outside of the scope of management of the project, for the protection of works needed for the safe operation and maintenance of land and waters, which belongs to the scope of this project.

Defines the protection domain in accordance with the following criteria:

(A) the scope of protection of the tunnel: works on both sides of the vertical center line horizontal area of 40 meters, and the horizontal center line vertical area 80 meters, but the scope of the right to use construction land according to the municipal government for approval of construction land for the scheme to determine, in accordance with the scope set;

(B) scope of protection, culvert, pipeline: from the management area of the edge of their range extends to 20 meters;

(C) the aqueduct, the inverted siphon of the protection range: 20 meters along the center line horizontal direction of the project area;

(D) the pumping stations and valve Chamber (pit), substation, sluices, management stations, metering Chamber works, such as the scope of protection: from the management area of the edge of their range extends to 20 meters;

(E) protection of other engineering facilities: from the management area of the edge of their range extends to 10 meters.

    This project within the scope of protection of the land and buildings, fixtures of ownership is not changed.

    11th in this project within the scope of protection of agricultural production activities do not affect the project facilities, such as security and water security.

12th article of the project within the scope of protection prohibits the following acts against safety:

(A) the removal of Earth and sand excavation, blasting, drilling wells, quarrying, drilling, trenching, digging, digging ponds and other hazards safety activities;

(B) the construction, manufacturing, processing, storage and sale of flammable and explosive, poisonous, radioactive and other items of premises, warehouse, stack, and so on.

    Have been built within the scope of the works for the implementation of the measures for the protection of part (b) of the buildings and structures, engineering operations management discretion of the institutions should be based on the actual situation, and through the legal restrictions on the use, rental, purchase, expropriation, gradually excluding the safety hazard.

13th engineering operation management body shall, in the project management and management and protection within the protection zone set up distinct signs in this project through the junctions, towns and other locations to set safety warning signs, in the original water conduit, channel, private, repairing roads and other facilities above the established weight limit signs and regular inspection and maintenance of various types of markers.

    Without authorization, no unit or individual is allowed to move, cover, alter, damage markers.

    14th engineering operations management inspection, maintenance facilities, and units and individuals shall cooperate actively.

15th engineering operation management body repair, maintenance facilities, should protect the legitimate rights and interests of units and individuals.

    Maintenance requires temporary use of adjacent land or facilities, project management institution shall sign the temporary contract, and a contract for temporary use by the related costs. 16th due to emergency repair work is dealing with an emergency, repair and rescue units operate adjacent land or facilities can be used, but shall inform the owner of the land or facilities or the right people.

    For rescue and repair operations causes losses to others, shall be compensated according to law.

    17th urban planning formulation and adjustment of the proposed changes to the project management and construction land use planning within the scope of protection shall first seek the views of municipal water conservancy Administrative Department. 18th in the project management and construction of buildings or structures within the scope of protection, construction unit shall conduct a security assessment of the project, seek the views of project management agencies.

Take up this project and the construction of the project facilities, the construction unit shall be compensated. Engineering units in the preceding paragraph should be in operation before the project management agency entered into an agreement to implement appropriate security measures.

    Project construction engineering damage caused by failure to meet security obligations, should be compensated.

    Article 19th without consent of the municipal water conservancy administrative departments, no unit or individual may unlawfully taking water from closure on this project.

20th public security organs should be strengthened along the region's security, the criminal investigation of the case.

    Violation of these rules shall be given administrative penalties for public security from along the public security organs shall be punished in accordance with law; suspected of a crime shall be investigated for criminal liability.

    21st engineering operation management body shall, in accordance with project safe operation, water quality protection, water protection and develop contingency plans.

    22nd engineering operations management bodies or relevant administrative departments and dereliction of duty, abuse of power, favoritism, the persons who are directly in charge and other direct liable persons shall be given administrative sanctions; a suspected crime, transferred to relevant departments according to law.

    23rd article legal, and regulations and other regulations on violation this approach seventh article, and eighth article, and Nineth article and 12th article first paragraph behavior has provides of, by related sector in accordance with provides processing; legal, and regulations and other regulations on violation this approach seventh article, and eighth article, and Nineth article and 12th article first paragraph behavior not for provides of, by city water administrative competent sector ordered corrected; late not corrected and caused serious consequences of, sentenced 30,000 yuan fine.

    24th article violates this article 13th paragraph, or move or cover, alter, damage markers, 2000 Yuan fine by the municipal water conservancy Administrative Department.

    25th article violates this way 19th article, without authorization from the works of TGP on water, the municipal water administration authorities shall order rectification, and a fine of 10,000 yuan in serious cases, impose a fine of 50,000 yuan.

Article 26th city water conservancy administrative departments entrusted operation and management bodies in accordance with this approach impose administrative penalties.

Party not satisfied with the administrative penalties may apply for administrative reconsideration or bring an administrative lawsuit in accordance with law.

    Engineering operations management should strengthen water governance monitoring, establishing and perfecting the inspection system of the whole project.

27th same Dongjiang water source project of victims outside the administrative area of the city, project management agency can take litigation or non-litigation claims against the person concerned in civil, administrative and criminal responsibility.

    City water administrative competent sector should with about sector developed held Qian paragraph related legal responsibility of specific approach, and established Dongjiang water engineering along city linkage management system, implementation segment is responsible for, established area specifically work group, is responsible for this area Dongjiang water engineering management, strictly according to management requirements for inspections, and verified, and emergency disposal, and information report and corresponding processing, work, timely issued management related costs, effective guarantees management work effective carried out. 28th article of the rules implemented on January 1, 2014.