Guangxi Zhuang Autonomous Region, Maritime Right To Recover Compensation

Original Language Title: 广西壮族自治区海域使用权收回补偿办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201209/20120900376443.shtml

Guangxi Zhuang Autonomous Region, maritime right to recover compensation

    (March 31, 2012 11th session of the people's Government of Guangxi Zhuang Autonomous Region passed the 104th Executive Council since June 1, 2012) first in order to strengthen the management of sea area use, regulate maritime right of resumption and Compensation Act, protect legal rights of sea use rights, in accordance with the People's Republic of China Sea area use management law, combined with this practice, these measures are formulated.

    Second maritime right of recovery and the jurisdiction of the people's Governments above the county level shall be responsible for compensation. Waters marine administrative departments of the people's Governments above the county level are responsible for the implementation of the right to recover compensation.

    Relevant government departments according to their respective responsibilities to do maritime right of compensation recovery work.

    Third maritime right of public interest or national security needs, the original approved the use of law to recover the people's Governments above the county level in the area.

    Article fourth of breeding sea recovery, recovery of sea areas shall be paid compensation, marine fixtures compensation fees and compensation fees for aquaculture products.

    Article fifth waters right to compensation on the basis of the recovered grade coefficient, compensation, estate, useful life to determine standard base.

    Marine grade coefficient, sea standard base of compensation by the State Oceanic Administration authorities development and reform Department approval of the autonomous regional people's Government.

    Sixth marine fixtures compensation charges in accordance with their replacement value and combines them into a new calculation.

    Compensation fees for aquaculture products in accordance with the seedlings cost and fair value calculations that are not finished.

    Marine fixtures and aquaculture products the specific compensation standards, developed by the municipal people's Government of the coastal districts.

    Article seventh recovered other items besides the breeding Sea Sea, compensation costs above the county level people's Governments and the waters usage right sides take determined market assessment.

    Article eighth of maritime right of recovery, original approval for the use of the sea's marine administration under the people's Governments above the county level authorities or their authorized agencies should be resumed sea and related rights holders and other investigations. Nineth marine administrative departments should, according to the investigation of the development of maritime right of recovery programme submitted to the original with the approval of the people's Governments above the county level of the sea.

    Recovery programme after approval, the Department of marine administration organizations.

    Recovery programmes should include recovery basis, conditions for planning and recovery area location, scope, size, usage, rights, compensation, and so on.

    After the tenth maritime right-back programme approved, marine administrative departments will approve a programme service of right to use maritime space and interested persons, and through newspapers, TV, the Internet and other media announcements, as well as the location and the area adjacent to the Township, village and community announcements. 11th maritime right of recovery notices should include maritime right of recovery basis, recover the maritime location, scope, size, purpose, compensation criteria, rights of compensation for registration, Declaration of rights or time, place, and shall submit the materials, prohibitions, etc.

    Recovery of maritime right of 20th of that period.

    12th right to use maritime space and other interested persons shall from the date of notice by resumption of maritime right of 10th within the rights and compensation registration, and submit a certificate of the right to identity, waters and other rights-proof material.

    Fails to declare the right of compensation for registration or, in marine administrative departments or their clients under investigation to verify the compensation programme. 13th Marine administrative departments shall, on the expiry of the notice, within 20th compensation package for the development of maritime right of recovery, located in waters adjacent to the townships, towns, villages, streets, community public.

    Compensation scheme publicity for 10th. Article 14th expiry of right to use maritime space one can self-publicity of the compensation package in the 5th Marine administrative departments to apply for a hearing.

    Hearing of people applied for the right to use sea areas, marine administrative departments shall, in accordance with the prescribed hearing.

    15th maritime right of resumption compensation determined, marine administrative departments should sign back with the right to use sea areas maritime right of compensation agreements.

    Recovery of maritime right of compensation agreements should the back waters of the location, scope, size, purpose, marine attachment and aquaculture products, compensation, compensation price, delivery time in the waters and conditions, compensation costs for paid time, the rights and obligations, breach of contract and dispute resolution methods to contract.

    Article 16th after the compensation paid to the right to use sea areas, the original approval for the use of the sea maritime right of recovery decisions at the people's Governments above the county level, and recovery of sea area use certificates, for cancellation procedures. 17th these measures come into force on June 1, 2012.