Administrative Measures For The Utilization Of Uninhabited Islands In Zhejiang Province

Original Language Title: 浙江省无居民海岛开发利用管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201307/20130700388866.shtml

Administrative measures for the utilization of uninhabited islands in Zhejiang Province

    (March 18, 2013, Zhejiang Province people's Government order No. 312, announced June 1, 2013) article for rational development and orderly use of the island's natural resources, protecting the ecological environment, according to the People's Republic of China Island protection law and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Second, within the administrative region of this province, established by law to use uninhabited islands (hereinafter referred to as the Islands with no residents), implementation of development and its associated management activities, these measures shall apply.

    Article development and utilization of uninhabited islands should follow scientific planning, priority protection, rational utilization and sustainable development principles.

    Fourth coastal people's Government above the county level (hereinafter referred to as the people's Government above the county level) development and utilization of uninhabited islands should be included in the national economic and social development planning, strengthen the management of the exploitation and utilization of uninhabited islands, protecting the ecological environment of the Islands and the surrounding maritime areas, ensure the rational development and sustainable utilization of uninhabited islands.

    Fifth people's Governments above the county level authorities responsible for the administration of the sea uninhabited island exploitation and protection of the supervision and management of the work.

    Sixth County people's Governments shall, in accordance with the national protection plan and province of the island marine function zoning establishment, provincial conservation plan of the island-by-island uninhabited island protection and utilization planning and links up with other plans.

    Development and utilization of uninhabited islands should be based on province Island conservation planning, protection and utilization of uninhabited islands planning as the basis.

    Seventh planning should be the protection and utilization of uninhabited islands include the following:

    (A) the topography, geomorphology and the need to protect the island's natural resources and landscapes;

    (B) the use of the island;

    (C) the island regions, the coastline and waters around the nature and boundaries;

    (D) navigation, electricity, communications and other basic facilities;

    (E) development and utilization of protective measures need to be taken.

    Uninhabited islands for tourism, entertainment, industrial and other commercial exploitation, and its protection and utilization planning should also include environmental capacity requirements for uninhabited islands and the surrounding maritime areas; uninhabited islands and the surrounding maritime areas has damaged the ecological environment and its protection and utilization planning should also include measures of ecological restoration.

    Eighth article protection and utilization of uninhabited islands planning by County (city, district) Marine Department in conjunction with the development and reform, housing and urban-rural development (planning), transportation, land and natural resources, environmental protection and other relevant departments, the people's Governments at the corresponding level for approval.

    Counties (cities, districts) of Marine Department of Islands with no residents in a timely manner to protect and use plan submitted to the provincial marine departments. Nineth compilation of protection and utilization of uninhabited islands planning feasibility study meeting, held through the advisory expert advice would be sought in the form of, and in an appropriate manner for public comment.

    Planning materials for approval shall state the views of experts and the public to adopt.

    Protection and utilization of uninhabited islands planning approval should be announced to the public, but parts involving State secrets.

    Tenth and individual application for utilization of uninhabited islands, should the island is located in the County (city, district) apply to the Marine Department, and submit the following materials:

    (A) the application;

    (B) the location of the island and its exploitation plot;

    (C) the development of specific programmes;

    (D) national development project report prepared by the unit of qualification;

    (E) credit related materials;

    (F) the laws, regulations and other materials.

    Development programmes should include the total amount of buildings, building height, plot ratio, measures to protect natural resources and the natural landscape, and the use of natural shoreline length requirements. 11th the County (city, district) after the Marine Department accepts applications for exploitation of uninhabited islands, should applicants, island location, uses mainly open to the public, and the preliminary review opinions, by the people's Governments at the corresponding level approval, submitted to the provincial Marine Department audits.

    Public notice period shall not be shorter than 15th.

    12th Marine Department shall for utilization of uninhabited islands to audit whether the application meets the following requirements:

    (A) the utilization of specific programmes and project report in line with the island conservation planning, protection and utilization of uninhabited islands plan and related technical standards;

    (B) the national marine rights and interests and national security are affected by development projects and the safety of maritime navigation;

    (C) other requirements at the national and the provincial people's Government. 13th marine authorities to review the applications for exploitation of uninhabited islands, should organize an expert review, consultations with the departments concerned, and site surveys.

    Related to national security, should also seek the views of relevant military organs. 14th Provincial Oceanic Department shall from the date of accepting an application for development and utilization of uninhabited islands in the 30th, review comments, submitted to the provincial people's Government for approval.

    Time for public notification, investigation, review according to law are not counted.

    15th exploitation of uninhabited islands should be submitted to the State Council for approval, in accordance with the People's Republic of China Island protection laws and relevant regulations of the State.

    16th tour, entertainment, industrial and other business purposes the island's right to use uninhabited islands should be through bidding, auction and listing ways achieved.

    Through bidding, auction and listing, such as transfer of right to use uninhabited islands, County (city, district) Marine Department shall, in conjunction with relevant departments to formulate an uninhabited island right bidding, auction and listing the specific programme, in accordance with the approval procedures and privileges as provided herein, have the right of approval for approval before implementation.

    17th right to use uninhabited islands bidding, auction and listing the specific programmes shall include the following contents:

    (A) the uninhabited island's location, size, status, age and purpose;

    (B) the total amount of buildings, building height, plot ratio, ratio of green space and the use of natural shoreline length indicator;

    (C) infrastructure;

    (D) the environmental protection requirements and the need to take protective measures, (v) environmental capacity requirements;

    (F) the development and utilization of the main eligibility requirements;

    (G) specific utilization progress and requirements of the project;

    (VIII) other requirements stipulated by the people's Government of the province.

    Uninhabited islands and the surrounding maritime areas has damaged the ecological environment, bidding, auction and listing the specific programme should also include measures of ecological restoration. 18th the County (city, district) approved by the Marine Department in accordance with the right to use uninhabited islands bidding, auction and listing specific programme, on the proposed transfer of right to use uninhabited islands to assess value, determine the right to use uninhabited islands bidding, auction and listing bid or reserve price.

    Bid or the reserve price shall not be lower than the minimum prices provided for in national and provincial standards.

    19th right to use uninhabited islands bidding, auction and listing is completed, counties (cities and districts) Marine Department with the winning bidder or the buyer signed a contract of assignment of the right to use uninhabited islands.

    20th of Islands with no residents use the term determined in accordance with relevant regulations of the State, however, maximum periods of not more than 50 years.

    21st units and individual development and utilization of uninhabited islands, shall pay the use of uninhabited islands.

    Uninhabited islands in fees, exemptions, the use of specific methods and standards, according to the uninhabited islands in fees use regulations use of uninhabited islands, Zhejiang Province and the implementation of the administrative measures for the collection and use of.

    22nd the development and utilization of uninhabited islands should take appropriate conservation measures, and comply with the following requirements:

    (A) in accordance with the approved document or assignment of the right to use uninhabited islands Island use, life of contract, total amount of buildings, building height, plot ratio, ratio of green space, etc, as well as environmental capacity development and utilization, environmental protection measures required;

    (B) make full use of existing topography, geomorphology, protecting the natural landscape, natural resources, shall not exceed the approval document or uninhabited islands the provisions of the contract of assignment of the right to occupy natural shoreline;

    (C) according to the approved documentation or the provisions of the contract of assignment of the right to use uninhabited islands, limiting buildings, structures and ancillary facilities and the natural coastline distance;

    (D) according to the approved documentation or the provisions of the contract of assignment of the right to use uninhabited islands, uninhabited islands and the surrounding maritime areas implementing ecological restoration;

    (E) shall not destroy, destroy set up military facilities, pillar, places, signs, navigation aids navigation, surveying, communications, meteorological observation, ocean surveillance and seismic monitoring and other public facilities, shall not impede the normal use of public facilities.

    23rd article relating to construction quality, development and utilization of uninhabited islands shoreline, mineral resources, waste management, safety and fire safety management, managed by the authorities refer to the residents of the island provide for management.

    24th legally approved for use in the development and utilization of uninhabited islands within three years, moved by the people's Governments at the county level, provincial government can legally recover the right to use uninhabited islands through bidding, auction and listing within three years after obtaining the right to use uninhabited islands is not exploitation, can be agreed upon in the contract of assignment of the right to use uninhabited islands state otherwise provides, from its provisions.

    25th right to use uninhabited islands people need to get a certificate of right to use uninhabited islands, shall be filed with the County (city, district) apply to the Marine Department, and provide the following materials from the County Register, issuance of certificate of right to use uninhabited islands:

    (A) the right to use uninhabited islands approved by the law made, provided the approval documents and uninhabited islands use the gold to pay out payment vouchers;

    (B) achieved through bidding, auction and listing of right to use uninhabited islands, providing transfer of right to use uninhabited islands contract finished and uninhabited islands use the gold to pay payment voucher.

    26th right to use uninhabited islands people can obtain the right to use uninhabited islands in accordance with transfer, mortgage, lease.

    Right to use uninhabited islands legally transfer, mortgage, lease, the island's buildings and structures and ancillary facilities to be transferred, mortgaged, leased. Transfer of right to use uninhabited islands law, register the change with the original registration authority.

    Right to use uninhabited islands law are mortgaged, to County (municipal and district) Marine Department for mortgage registration formalities.

    27th marine authorities and surveillance agencies above the county level people's Governments shall strengthen the management of exploitation and utilization of uninhabited islands, regularly carry out exploitation of uninhabited islands and surrounding waters ecological environment supervision and inspection.

    Other relevant departments to carry out the people's Governments above the county level administrative penalty within the scope of uninhabited islands, you can delegate at the Marine Department to exercise according to law. 28th acts in violation of these rules, People's Republic of China Law of island protection laws, rules and regulations on legal liability provisions from its provisions.

    Not provided for by the laws, rules and regulations, in accordance with the assignment of the right to contract processing of uninhabited islands.

    29th article violates these rules, not ecological restoration in the exploitation and utilization of uninhabited islands, marine authorities above the county level people's Governments shall order rectification fails to mend, by maritime authorities to fulfil the people's Governments above the county level decisions, in accordance with the People's Republic of China administrative enforcement procedure under the law on behalf of repair, the cost borne by the right to use uninhabited islands.

    30th people's Governments above the county level and marine authorities and other administrative bodies, any of the following circumstances, the direct responsible person in charge and other direct liable persons, disciplined by the authority in accordance with administrative privileges:

    (A) violation of the permission as provided herein approved utilization of uninhabited islands;

    (B) violation of, island conservation planning, protection and utilization of uninhabited islands planning approved utilization of uninhabited islands;

    (C) the violation charged, relief, uninhabited islands use the gold;

    (D) has not been checked in accordance with the provisions of this approach in discharging its oversight responsibilities, causing serious consequences;

    (E) other acts of dereliction of duty, abuse of authority or engages in. 31st article this way come into force on June 1, 2013.