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Occupied Jiangsu Province Water Management Approach

Original Language Title: 江苏省建设项目占用水域管理办法

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The construction project in the province of the province took over the management of waters

(Adopted by Decree No. 87 of 28 January 2013 of the People's Government Order No. 87 of 28 January 2013, published as of 1 March 2013)

Chapter I General

Article I regulates the use of watersheds by construction projects in order to fully perform the integrated functions of waters, to guarantee and promote sustainable economic and social development, and to develop this approach in line with the laws, regulations and regulations of the People's Republic of China Water Law, the Water Engineering Management Regulations of the Sheang Province of the Republic of China.

Article 2

This approach refers to the rivers, lakes, ponds, dams and their scope of management, excluding marine areas and extracted fish ponds on arable land.

Article 3. Construction projects take over watersheds and implement the principles of ecological protection, classification management, strict control, etc.

Article IV. Governments of the local population at the district level should strengthen the management and protection of water resources, prevent the decline in the area of existing waters and take effective measures to ensure that the basic water presence rate in the present administration is not reduced.

Article 5

The relevant sectors of the local people's government at the district level should be managed and protected in accordance with the division of duties.

The provincial water engineering management body, established by law, is mandated by the provincial water administration authorities to exercise the relevant responsibility for water management and protection.

More than 6 local people's governments and their relevant sectors should be informed about the management and protection of watercourses, raising awareness of citizens' watersheds and encouraging scientific research on water management and protection.

Chapter II

Article 7 below is a major water area with priority protection:

(i) To include rivers, lakes and registered water banks approved by the provincial government;

(ii) Protected areas, secondary protected areas and quasi protected areas at the level of drinking water;

(iii) The natural protected areas of water-based resources and aquatic plants;

(iv) Other important waters under the laws, regulations.

More than the local people's governments should define, in accordance with the preceding paragraph, important waters in the present administrative area and make them public.

Article 8 prohibits the activities of the following hazardous waters:

(i) Construction of buildings and constructions for flood prevention, drainage, water management, and the impact of navigation;

(ii) Undertake construction activities that affect the safety of water, aquifers and engineering facilities in the context of rivers, water management or lake conservation;

(iii) Building activities that affect water quality protection targets identified in water functional areas;

(iv) Building activities that affect the water quality environment or the ecological environment;

(v) Other activities prohibited by law, legislation and regulations.

Article 9. Governments of the local population at the district level should establish a water management and protection survey evaluation system that organizes regular evaluation of the waters in the present administration. The watershed survey evaluation indicator system is developed by provincial water administration authorities with relevant sector organizations.

Article 10

Article 11 When monitoring inspections are carried out, the inspection units should provide information and information on the facts.

The construction project occupies the waterways and should be subject to the oversight management of the navigation administration.

Article 12 above-level water administration authorities have found that the lower-level water administrative authorities have a violation or misconduct in the area of water protection and supervision inspections, and should be responsible for the transformation of their deadlines.

Chapter III

Article 13. Construction projects should be in possession of waters and should be in line with the requirements for flood protection, air safety, shore use, pollution control, and aquaculture, and other planning and technical requirements, without endangering the safety of the berm, affecting the stability of the river, impeding access to the sea and damaging the ecological environment.

Article 14. The construction project shall take over waters and shall be based on the area, capacity and adverse impacts on the functioning of the waters occupied by the construction project, with the construction of an alternative to the work of the waters. These alternative water works should be constructed within the framework of the city, area.

Construction projects such as transport, energy, ecological environmental protection may not be conducive to the construction of efficient alternative water works, if they do not actually reduce the size, size.

The construction units may be self-confidence in alternative waters, such as construction, or can be delegated to units with corresponding qualifications or alternative construction costs, such as payment to the water administration authorities, to be carried out by the water administration authorities. Such an alternative to payment, use and management of water construction costs is developed by provincial water administrations with provincial finances, price authorities.

Article 15. Construction projects take over important waters, and construction units should entrust units with the development of occupancy construction programmes containing functional alternatives to the construction of waters, such as occupancy engineering content, and the use of the water-management administrative authorities to organize expert arguments. In other waters, construction units should complete the reporting form of effective alternative water construction projects, such as alternative water engineering construction reports, which are compiled by provincial water administration authorities.

These alternative construction programmes include, inter alia, engineering location, area, engineering, construction design and organizational programmes, budget, functional remedies and their effectiveness analysis.

Article 16 Approval of the location and boundaries of the construction project in the occupied waters shall be carried out in accordance with the review authority and procedures of the construction programme within the framework of river management.

Article 17 Construction projects take over watersheds, and construction units shall apply to the competent water administrative authorities with the authorization, in accordance with the following provisions:

(i) The construction of the approval system, which shall apply before the submission of the feasibility study;

(ii) A project for the construction of an approval system, which shall apply before the submission of the approval of the project;

(iii) The construction project, which is well-documented, should be submitted by the construction units before the initial design of the project.

Article 18

(i) Applications for the occupation of waters;

(ii) Documents, feasibility studies or initial designs based on construction projects;

(iii) The report on the evaluation of the impact of the flood, the programme on the construction of occupancy in waters adopted by the expert evaluation or the results-based alternative to water works;

(iv) The construction projects involving access and drainage should be submitted to approved water licences, drainage (contaminated) documents;

(v) To affect public interest or the legitimate water rights of third parties, evidence of agreement should be submitted.

Changes in engineering facilities, as well as buildings, use of construction or place of work, boundaries, layouts and structures, should be reviewed by the previously authorized water administration authorities.

The construction project occupies waters without implementation within three years after approval by the competent water administration competent to approve the authorization. Three years later, the process of approval should be replicated.

Article 20

Emissions such as alternative water work can be used by the water administration authorities to receive qualified parties. The construction units should receive qualified 30 days for the construction of projects, such as alternative water engineering, and submit relevant paper and related archival information to the water administration authorities.

Article 21 provides that construction projects are temporarily occupied by waters and shall apply for the approval process to the authorized water administration authorities, in accordance with Article 17, Article 18 of this scheme, and enter into a provisional occupancy commitment with the water administration authorities. Temporary occupation of water commitments should include the use of time, scope, use, modalities and recovery measures.

The duration of the temporary occupation of waters shall not exceed 2 years; the time period shall be maintained for the duration of the period and shall apply for the extension process to the original water administration authorities within 30 days of the expiration of the deadline. The extension of the water area on a temporary basis shall not exceed one year.

Chapter IV Legal responsibility

Article 22 Administrative authorities and other relevant departments, as well as the Water Engineering Authority and its staff, are one of the following cases, which are administratively disposed of by the units or administrative inspectorates who are directly responsible for them, constituting criminal liability by law:

(i) Expropriation of the construction project in the area of water;

(ii) Approval of the construction of watersheds in violation of the law, the lake of the Cyang River, the water bank or ponds, the fence (columnes);

(iii) Failure to perform oversight functions in accordance with the provisions;

(iv) Other acts of negligence, abuse of authority, favouring private fraud.

Article 23, in violation of article 8, paragraph 1, of the present approach, provides for the construction of buildings for flood prevention, drainage, water conditioning, air-affected buildings or constructions in the frequency of changes in rivers, which are under the authority of the territorial Government of the People's Government, water administration authorities or provincial water engineering administrations, for the purpose of ending the violation of the law, dismantling of illegal buildings, building blocks, releasing of the original status, and for the removal of the unit's costs for the purpose of removing the offence and imposing a fine of over 10,000 dollars.

In violation of article 8, paragraph 2, of the present approach, construction activities that affect rivers, lakes, water storage and safety in engineering facilities within the framework of rivers, water management or lake protection are carried out, with the authority of the territorial Government of the people above the district level or the provincial territorial waters engineering administration responsible for the cessation of the violation, the exclusion of or other remedies, and the imposition of a fine of more than 50 million dollars.

Article 24, in violation of articles 14, 15, 20 of this approach, provides that functional waters such as unplanned construction or non-reviewed programmes are not experienced in alternative water works, such as inefficiencies, failure to receive or receive qualified inputs for the use of maps and related archival information in alternative waters, such as the provision of the construction project, which is subject to the authority of the territorial Government Water Administration or the provincial water-l engineering management body responsible for the cessation of the offence, the imposition of remedies and the imposition of fines of more than three million dollars.

Article 25, in violation of article 19 of the scheme, the water administration authorities that have not been approved in the construction process have reviewed their consent, unauthorized changes in engineering facilities and the use of buildings, construction materials or place of work, boundaries, downheads, structures, which are subject to the authority of the territorial Government's water administration authorities or the provincial exclusive water engineering authority, responsible for the cessation of the breach of the law, the completion of the agreed review process, the closure of the construction of the construction facility, the removal of the period of time, the cost of forced removal, and the imposition of sanctions on the basis of the ten-year limit.

Article 26, paragraph 1, of this approach stipulates that the temporary occupation of waters has been carried out without the approval of the previously authorized water administration authorities, and continues to take over the waters under the authority of the territorial Government's water administration authorities or the provincial territorial waters engineering administration, with a view to ending the violation of the law, the time limit for the extension of the occupancy of waters and paying a fine of over 3,000 dollars.

In violation of article 21, paragraph 2, of this approach, the period of extension approved for the temporary occupation of waters has expired and has not been committed in accordance with the occupier's commitment to reactivate the originals of the waters by the territorial Government of the Territory, or by the territorial Water Engineering Authority, for a period of time to recover the original of the watershed, with a fine of up to 3,000 dollars; the failure to reproduce the original status quo has been delayed, and the costs incurred by the territorial Government of the Territory or by the territorial waters engineering authority for the rehabilitation of the offence.

Chapter V

The following wording of this approach is to:

These alternative water works, such as construction projects and their facilities, are meant to result in a reduction in the area of human waters or a contraction of the narrow river (Ji River, lakes, ponds, dams) or rehabilitation measures or functional remedies.

The basic water footage refers to the smallest proportion of the area of the territorial area determined by the administrative region, in line with the requirements of watershed and regional flood prevention, sustainable use of water resources, socio-economic development and the development of water resources.

The twenty-eighth approach was implemented effective 1 March 2013.