Occupied Jiangsu Province Water Management Approach

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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387156.shtml

Occupied Jiangsu Province water management approach

    (January 4, 2012 82nd meeting of the people's Government of Jiangsu Province considered by people's Government of Jiangsu Province, on January 28, 2013 to 87th, published since March 1, 2013) Chapter I General provisions

    First to enhance water management and protection, standardize construction project takes up waters, give full play to the integrated function of water, protect and promote sustainable economic and social development, according to the People's Republic of China water law of the People's Republic of China Law on flood control Jiangsu Province water management Ordinance and other laws, regulations, combined with the facts of the province, these measures are formulated.

    Second construction project within the administrative region of this province takes up water and its management of the activities governed by this approach.

    Waters mentioned in these measures refers to rivers, lakes, reservoirs, embankments and its management scope, does not include excavation of ponds on the sea and land.

    Third construction project takes up waters, Conservation Ecology, classification management, principle of strict control, equivalent substitute.

    Fourth, local people's Governments at or above the county level shall strengthen water management and protection, preventing existing water attenuation, and take effective measures to ensure that the basic water rates are not reduced in the administrative area.

    Fifth water conservancy administrative departments are responsible for the local people's Governments above the county level in the administrative area of water management and conservation.

    Relevant departments of the local people's Governments at or above the county level shall be in accordance with the Division of responsibilities, work related to management and protection of waters within their respective administrative areas.

    Provincial water management bodies established by law, accept province water conservancy administrative departments entrusted by exercise of the duties related to watershed management and protection.

    Sixth local people's Governments at or above the county level and their departments concerned shall do a good water management and conservation advocacy, increase citizen awareness of watershed protection, and encourages scientific research in watershed management and protection.

    Chapter II waters protection and monitoring

    Article seventh the following important waters and protection:

    (A) be included in the directory of the main rivers of Jiangsu province approved by the provincial government and the Jiangsu provincial protection list of lakes in the rivers, lakes and reservoirs registered;

    (B) drinking water level, two nature reserves and protected areas;

    (C) aquatic germplasm resources conservation areas, and aquatic flora and fauna reserve;

    (D) the laws, regulations and other important waterways.

    Local people's Governments at or above the county level should according to the provisions of the preceding paragraph, specific important waters within their respective administrative areas, and announced to the public.

    The eighth prohibits the following activities endangering waters:

    (A) building on the river regime changes frequently reaches flood control, drainage, water, traffic impact of buildings and structures;

    (B) in rivers, reservoirs or lakes protection lines within the scope of management of water, water storage capacity-building activities and facilities security;

    (C) the effect of water function zoning to determine water quality protection objectives building activities;

    (D) construction activities affecting water quality or aquatic ecosystems;

    (E) other activities prohibited by laws and regulations. Nineth waters of local people's Governments at or above the county level shall set up management and evaluation system of the protection, organization of water conservancy administrative departments and authorities on a regular basis to evaluate the waters within their respective administrative areas.

    Investigation and evaluation index system of water by the provincial Department of water administration in conjunction with the relevant departments to develop.

    Tenth local people's Governments at or above the county level shall water conservancy administrative departments should strengthen the water area dynamic monitoring in the administrative area, establish and improve water management and protection of information systems, improve water archive, improving watershed management and conservation science. 11th local people's Governments at or above the county level shall construction project of water conservancy administrative departments should strengthen the supervision and inspection of occupied area.

    When conducting supervision and inspection, the units under inspection shall provide the relevant information and data.

    Construction project takes up water channel is involved, should be under the supervision and management of the waterway management.

    12th superior water conservancy administrative departments found the lower Department of water administration in watershed protection and in the supervision and inspection of illegal or inappropriate behavior, it should be ordered to rectify.

    Chapter takes up water

    13th construction project takes up waters, shall conform to the standards of flood control, navigation requirements, bank lines, aquaculture, pollution control, and other planning and technical requirements shall not endanger the safety of levees, influencing the stability of river, obstructing flood flow, damage to the ecological environment. 14th construction project takes up waters, based on construction projects should be occupied by a water area, capacity and its adverse impact on water features, built by the construction unit replaced water works.

    Replaced water works shall be in the County (city, district) within the building.

    Transport, energy, ecological environmental protection and construction projects such as not actually reduce the water area, capacity, you can build an equivalent replacement project. Units you can build the equivalent project, you can also entrust have corresponding qualification units to build, or to the equivalent construction fees for water conservancy administrative departments, organized by the water conservancy administrative departments to implement.

    Equivalent payment, use and management of water project construction costs approach by water conservancy administrative departments of the province, in conjunction with finance, price authorities separately. 15th construction projects take up important waterways, the construction unit shall entrust a qualified units occupied waters that contain equivalent content of water engineering construction engineering construction scheme, take up water engineering construction scheme organized by the water conservancy administrative departments for management of the experts.

    Other waters, the construction unit shall report form fill equivalent water engineering construction, equivalent water project report form printed by the water conservancy administrative departments of the province.

    Equivalent alternative water project construction programmes, including location, size, construction, engineering, construction engineering design and organization of programmes, budget, functionality, content such as remedial measures and effect analysis.

    16th construction project takes up waters of river management project within the framework and limits of examination and approval in accordance with the construction plan review and program execution.

    17th construction projects take up water, the construction unit shall, in accordance with the following provisions to apply to the right of approval of the water conservancy Administrative Department:

    (A) the system of examination and approval of construction projects, the construction unit shall upon application before submitting project feasibility study report;

    (B) of the implementation of the approved projects, the construction unit shall upon application submitted before approval of the project application report;

    (C) the recording system for construction projects, the construction unit should submit an application prior to approval of preliminary design of construction projects.

    18th construction projects take up water, the construction unit shall provide the following information:

    (A) occupying waters applications;

    (B) construction project on the basis of document, feasibility study or preliminary design;

    (C) flood control impact assessment reports, expert review take up water engineering construction programme or equivalent water project report form;

    (D) construction projects involving access, drainage, shall be submitted to the approval of the license for water drawing and drainage (sewage) Setup file;

    (E) affect the public interest or the legitimate water rights by a third party, shall submit the relevant evidence for consensus.

    19th change during project construction works as well as buildings and structures the use of, or work location, boundaries, and structure layout of shall be subject to the approval of the water conservancy administrative departments for examination and approval. Waters occupied by the right of approval of the construction project water resources administration after the approval of the competent authorities, is not implemented within 3 years, the approval shall automatically cease.

    After 3 years need to continue to implement and should re-apply for approval.

    20th construction units to build equivalent project should be designed, reviewed, in conjunction with construction projects completed and put into use simultaneously. Equivalent alternative project acceptance by the water conservancy administrative departments can only be put into use.

    Units shall in the construction project, equivalent alternative project acceptance in the 30th, to water conservancy administrative departments shall submit the related drawings and archive material. 21st construction projects temporary occupation of waters, shall be in accordance with the measures set forth in the 17th, 18th, the approval authority of the water conservancy administrative departments to apply for the examination and approval procedures, and administrative departments signed a temporary occupation of water with water undertaking.

    Temporary occupation of undertaking should include the waters take up term, scope, purpose, method, recovery measures, and so on. Waters of temporary occupation period not exceeding 2 years; expiry is absolutely necessary to continue to occupy, shall in the 30th before the expiry of the original water conservancy administrative departments to apply for renewal of the approval.

    Periods of not more than 1 year temporary occupation of waters.

    The fourth chapter legal liability

    22nd water Administrative Department and other relevant departments as well as water management institutions and their staff, one of the following circumstances, monitored by units or administrative authority directly responsible to the head of personnel and others directly responsible shall be given administrative sanctions, to constitute a crime, criminal responsibility shall be investigated in accordance with law:

    (A) an approved construction projects occupied waters;

    (B) approval of illegal landfill water, surrounding lakes and rivers, reservoirs and embankments, fencing (bar) farming;

    (C) does not discharge the responsibilities of supervision and administration in accordance with regulations;

    (D) other acts of dereliction of duty, abuse of authority or engages in. 23rd article violation this approach eighth article first items provides, in river potential changes frequently of River construction on flood control, and drainage, and adjustable water, and navigation has effect of buildings or structures of, by County above place Government water administrative competent sector or provincial water management institutions according to terms, ordered stop violations, deadline demolition illegal buildings, and structures, recovery undisturbed; late not demolition, and not recovery undisturbed of, specified units on behalf of demolition, by needed costs by violations people bear,

    Penalty of between 100,000 yuan and 10,000 yuan.

    Violation this approach eighth article second items provides, in river, and reservoir management range or Lake protection range within engaged in effect River, and Lake, and reservoir line water water capacity and engineering facilities security of construction activities of, by County above place Government water administrative competent sector or provincial water management institutions according to terms, ordered stop violations, excluded hinder or take other remedy measures, and at 10,000 yuan above 50,000 yuan following fine. 24th article violation this approach 14th article, and 15th article, and 20th article provides, not built or not according to review agreed of programme built equivalent alternative waters engineering, and equivalent alternative waters engineering without acceptance or acceptance not qualified input using, and not according to provides submitted construction project equivalent alternative waters engineering about drawings and related archives information of, by County above place Government water administrative competent sector or provincial water management institutions according to terms, ordered stop violations, take remedy measures,

    Penalty of between 10,000 yuan and 30,000 yuan. 25th article violation this approach 19th article provides, project construction process in the without original approval of water administrative competent sector review agreed, unauthorized change engineering facilities and buildings, and structures of using uses or engineering location, and boundaries, and layout, and structure of, by County above place Government water administrative competent sector or provincial water management institutions according to terms, ordered stop violations, deadline replacement review agreed procedures; engineering facilities construction serious effect flood control of, ordered deadline demolition, late not demolition of,

    Forcibly removed, the cost borne by the violations affecting flood control and remedial measures can be taken, ordered to take remedial measures and fined a maximum of between 100,000 yuan and 10,000 yuan.

    26th violates the first paragraph of the article 21st, expiry of the temporary occupation of waters without the approval of the original approval of the water conservancy Administrative Department and continue to consume water, local people's Governments at or above the county level the water conservancy administrative departments or provincial water conservancy Authority ex officio, shall be ordered to desist from the illegal act, deadline delayed cashout takes up water procedures and penalty of between 10,000 yuan and 30,000 yuan. Violation this approach 21st article second paragraph provides, temporary occupied waters by approved of extended term has full, not according to occupied waters commitment book commitment itself recovery waters undisturbed of, by County above place Government water administrative competent sector or provincial water management institutions ordered deadline recovery waters undisturbed, and at 10,000 yuan above 30,000 yuan following fine; late not recovery undisturbed of, by County above place Government water administrative competent sector or provincial water management institutions specified units on behalf of recovery,

    Costs borne by the violation.

    The fifth chapter supplementary articles

    27th the following terms shall have the meanings herein are:

    Equivalent alternative project refers to waters due to construction projects and facilities and their management, man-made water area or narrow River (rivers, lakes, reservoirs, embankments) section of restorative measures taken or functional corrective measures.

    Basic water rate refers to administrative areas in accordance with the basin and regional flood control, water resources sustainable use, socio-economic development and water resources environment coordinative development requirements, determine the minimum ratio of land area is water. 28th article of the rules take effect on March 1, 2013.