Under Shoreline Management In Hebei Province

Original Language Title: 河北省港口岸线管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300384492.shtml

Under shoreline management in Hebei province (October 25, 2012 Hebei Province Government 111th times Executive Conference considered through November 21, 2012 Hebei Province Government makes (2012) 7th, announced since January 1, 2013 up purposes) first article for strengthening port Bank line management, protection and reasonable utilization port Bank line resources, protection party of lawful rights and interests of, according to People's Republic of China port method, and Hebei province port Ordinance (following referred to Ordinance), about legal regulations, combined this province actual,

    These provisions are formulated.

    Article shoreline within the administrative area of the province's planning, utilization and management, these provisions shall apply.

    Article should adhere to the scientific planning, development and utilization of the shoreline management intensive, strict protection, utilization, development and compensation for the use of the principles. Article fourth provincial transportation departments in charge of the province's shoreline management, in conjunction with the provincial development and reform Department approval of the specific port used deep water coastline.

    Provinces, districts, port authorities, in accordance with the provisions of the regulation implementation shoreline management.

    Province port of port management Department for approval to use non-deep water coastline should be consulted before provincial development and reform Department. Article fifth shoreline development consistent with the province's port layout planning and overall planning of ports and marine function zoning, local urban and rural planning, and other related planning, linking, coordination.

    No unit or individual shall not be in violation of planning shoreline. Port layout plan formulated by the provincial government in the province.

    The overall planning of ports shall comply with the province's port layout plan, the main port and the port master plan must be submitted to the provincial people's Government for approval before implementation.

    Sixth construction units or individuals to use port shoreline construction projects should be submitted prior to application or feasibility study report of the project, port location, port authorities, districts proposed shoreline use applications.

    Shoreline application materials submitted for use shall comply with the Ordinance and the relevant regulations of the State.

    Article seventh districts, port authorities upon receipt of the application materials, the application materials are complete and comply with the statutory format, it should be accepted on the spot; the application materials are incomplete or not in compliance with the statutory form, shall, on the spot or within 2 working days to inform all applicants need to supplement content.

    Eighth section of the application deep water coastline using the port, districts, port authorities accepted, shall, within 10 working days, and shoreline of the application using the on-site verification, verify your application materials, verification and application materials are submitted to the provincial port authorities.

    Province port authorities upon receipt of the application materials, should organize an expert review, and completed within 10 working days to seek provincial development and reform Department put forward preliminary review opinions, together with the application materials are submitted to the State Council's transport authorities.

    Nineth applications use port non-deepwater coastline, districts, port authorities accepted, should be completed within 20 business days for comments, field verification, verification of application materials, submitted to the provincial port authorities for approval.

    Province port authorities upon receipt of the application materials, should organize an expert review, and in accordance with the relevant provisions of the Ordinance for approval.

    Tenth shoreline expert review is used include:

    (A) construction project is in the development policies of the national and provincial industry and port plans;

    (B) the necessity of constructing the project analysis;

    (C) the engineering feasibility study on the proposed shoreline use do comply with the national technical standards and specifications;

    (D) use of shoreline of scientific and rational analysis of the programme;

    (E) use of shoreline plan does meet the requirements of traffic safety in the fairway,;

    (F) the laws, regulations and other requirements set by the State. 11th province port authorities review decided to approve the non-deep water coastline ports using the application, it shall issue a non-deep water coastline approval documents for the use of the port.

    Is not granted, it shall inform the applicant in writing and state the reasons.

    12th approved non-deep water coastline of port construction projects, should be achieved in construction project approval, within 10 working days of the approval documents, non-deepwater port coast line construction project approval documents and approval, approval documents to the provincial port authorities receive non-deepwater port shoreline permits.

    The port management of deepwater shoreline permits according to the relevant State provisions.

    13th non-deepwater port coast line permits include the following:

    (A) the use of shoreline of people;

    (B) the construction of the project;

    (C) the shoreline location, scope, length, use;

    (D) the shoreline using the term;

    (E) other relevant matters. 14th approved non-deepwater port coast line construction projects, approval from the shoreline should be within 1 year of the date of a document under construction.

    Fails to start construction and approval document of failure, has obtaining shoreline used should be written off.

    After approval has expired, if this project needs to use port shoreline, shall renew the shoreline use and approval procedures.

    15th shoreline use people when changes occur, should be according to the original examination and approval procedures to apply for the relevant examination and approval procedures.

    16th under any of the following circumstances, the provincial port authorities shall handle the non-deep water coastline ports to use card cancellation procedures:

    (A) the use is not an extension of the expiry;

    (B) the termination of the project legal person according to law, no longer use the shoreline;

    (C) adjustments for port planning and construction projects of the shore line is no longer used as a shoreline.

    Article 17th port shoreline construction projects in the region, should the provincial development and reform Department in conjunction with the provincial transportation, land and natural resources, environmental protection, urban planning and other relevant departments to ensure audit comments and submitted to the provincial people's Government for approval to carry out preparatory work. Article 18th shoreline approved the use of the term in accordance with the relevant sea areas, land use and code for design of dock and other factors. Use periods of not more than 50 years.

    Time continues to use, shoreline users should use the original approval authority before the expiration of 3 months to apply.

    19th port authorities should be open shoreline usage information in a timely manner, and in related Government Web sites and press releases.

    Paid use of shoreline of 20th article can be implemented, and the specific measures by the financial Department of the provincial government, in conjunction with provincial development and reform, transportation and other sectors in accordance with relevant provisions, and in accordance with the regulations for approval before implementation.

    21st to encourage and support the use of shoreline construction and operation of container and general cargo terminal, according to relevant provisions and relief costs.

    22nd people's Governments above the county level transportation departments, port administrations shall establish and improve port shoreline resource assessment mechanism, encourages and supports the port operators through restructuring, including property rights, low utilization rates of shoreline integrating improve shoreline usage.

    Article 23rd shoreline of port construction projects, while occupying the land and waters shall be used by the same body.

    Article 24th of port construction projects will start construction, municipal port management Department should be divided into districts approved the specific coordinates of the shoreline. 25th construction units or individuals, in accordance with the relevant stipulations of the temporary use of shoreline of a port once the document is approved, shall be approved by the duration, scope and functions require the use of shoreline.

    Temporary use period has expired, or because the public interest require dismantling temporary facilities, the unit or individual shall be removed.

    26th people's Governments above the county level transportation departments, port management authorities should strengthen supervision and administration of port shoreline resource, establish and improve the system of supervision and inspection, to investigate and punish violations of the shoreline in the use, management. Citizens, legal persons or other organizations to report illegal use, shoreline Management Act. Provincial transportation departments, port authorities should be set up to report telephone, mail or e-mail, and receive reports from the citizens, legal persons and other organizations.

    After accepting the report after investigation and verification, should be dealt with according to law.

    27th people's Governments above the county level transportation departments, port authorities or other relevant departments and their staff, one of the following acts, the directly responsible person in charge and other direct liable persons shall be given sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) according to the provisions of the jurisdiction, procedure approved the use of shoreline;

    (B) violation of port planning and approving the use of non-deepwater port shoreline;

    (C) without obtaining the approval document of the shoreline, examination and approval of port construction projects;

    (D) other acts of abuse of authority, dereliction of duty or engages in.

    28th changing shoreline use or function, in accordance with the 62nd article of the relevant provisions of the regulations will be punished. 29th article of the regulations come into force on January 1, 2013.