Administrative Provisions On Exploitation And Utilization Of Water Resources In Hebei Province

Original Language Title: 河北省水能资源开发利用管理规定

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201205/20120500368189.shtml

Administrative provisions on exploitation and utilization of water resources in Hebei province

    (November 9, 2011 Hebei Province Government 96th times Executive Conference considered through November 21, 2011 Hebei Province Government makes (2011) 13th, announced since January 1, 2012 up purposes) first article for reasonable utilization water resources, achieved water resources can continued using, according to People's Republic of China water, and Hebei province implementation straddling People's Republic of China water approach and other about legal, and regulations of provides, combined this province actual, developed this provides.

Article within the administrative region of this province's 50,000-kilowatt, and water resources development and utilization and its supervisory activities, the present provisions shall apply.

    Hydropower resources in these rules refers to deposits in the water, and can be used for hydro-electric energy resources.

    Article development and utilization of water energy resources, should be based on the protection of the ecological environment, guided by overall planning and rational development, integrated management, the principle of compensation for the use.

Fourth people's Governments above the county level shall strengthen the water resource conservation, protection and configuration, increase financial input, intensify the supervision and management, improve the utilization ratio of water resources, protect the scientific utilization of water resources.

Encourage units and individuals in accordance with development and utilization of water resources, their legal rights are protected by law.

    Support power hydropower resources development project nearby, spontaneous use, including Internet access.

Fifth water Administrative Department of the people's Governments above the county level shall be responsible for the supervision and management of water resources development and utilization in their administrative areas.

    People's Governments above the county level development and reform, environmental protection, land and natural resources, finance, planning, construction, agriculture, forestry, earthquakes, and other relevant departments within the scope of their respective duties and responsibilities related to water resources management.

Sixth water Administrative Department of the people's Governments above the county level shall be responsible for water resources survey and evaluation work, in conjunction with the development and reform of the relevant departments under preparation of water resources development and utilization planning, reported to people's Governments at the same level for approval implementing, and reported to the people's Governments at a higher level of water administration departments, development and reform Department.

Approved in developing hydropower resources to plan needs to be adjusted and modified, according to the planning procedures approved by the original approval authority.

    Hydropower resources development plan approval, shall be announced to the public.

Article seventh hydropower resources exploitation and utilization planning of the preparation, the following management authority is responsible for:

(A) the main river water resources development and utilization planning by the provincial Department of water administration in conjunction with the relevant departments at the same level;

(B) the province, trans-border river or river water resources development and utilization planning by common water administration under the people's Governments at the competent authorities and the relevant departments at the same level;

    (Iii) other river water resources development and utilization planning by the water conservancy administrative departments of the people's Governments at the county level, where relevant departments.

    Eighth compilation of water resources development and utilization planning should consider economic, social and ecological benefits, after scientific evidence, seek the views of relevant entities and the public, subject to integrated watershed planning, regional planning, and energy development plans, urban and rural planning coordinated planning, land use planning, environmental protection, and flood control, water supply, irrigation, water and soil and water conservation needs.

Nineth development and utilization of water resources should be carried out strictly according to the water resources development and utilization planning.

    Does not conform to the development planning of water resources development and utilization of water resources projects, the departments concerned shall not approve or approve. Article tenth exploitation right of hydropower resources exploitation should be made.

New exploitation right of hydropower resources development projects shall follow the principle of openness, fairness, impartiality, and sold through bidding, auction and listing. Right to water resources development and utilization period shall not be more than 50 years.

    Has development and utilization of water resources projects, approval from the project development period since the project date of files; new hydropower resources development project, development period since the date on which the right of access to water resources development and utilization.

    11th provincial people's Government shall, in conjunction with the financial sector development and reform, and water conservancy departments in accordance with the relevant provisions of the State, paid transfer the right to develop hydropower resources development management approaches, and in accordance with the regulations for approval before implementation.

    12th in developing hydropower resources, expand capacity, should apply for approval to be implemented.

13th hydropower resources development rights to determine, the following management authority is responsible for:

(A) the installed capacity above 1000-kilowatt (1000-kilowatt) or in the development of the province, on the major rivers, provincial water conservancy administrative departments;

(B) the capacity of 500-kilowatt (including 500-kilowatt) and 1000-kilowatt, by District municipal water conservancy administrative departments, provincial water conservancy administrative departments for the record;

(C) 500-kilowatt of the installed capacity, by County Water Conservancy administrative departments, provinces, district municipal water conservancy Administrative Department.

    Within the province, TRANS-River or border the river's hydropower resources development rights determined by the water conservancy administrative departments are responsible for common higher level people's Government, submitted to the provincial people's Government for water conservancy administrative departments for the record. 14th hydropower resources development rights can be transferred. Transfer of units and individuals the right to access to water resources development and utilization of water resources development and utilization rights within 30th since the signing of the contract of assignment to assignment of the original record.

Transfer of the life span of the original right of access to water resources development and utilization and personal use after years of remaining life.

    Not commenced or has been started but funding does not meet the total project investment 25%, and shall not be transferable.

    15th hydropower resources development and construction projects should be according to law legal person responsibility system, engineering, bidding and contract system and the project supervision system, the investigation, design, construction, supervision, should be assumed by the unit with appropriate qualifications.

16th right of access to water resources development and utilization of units and individuals in water resources development and utilization in construction projects begun, shall have jurisdiction over water resources Administration Department of the people's Government started to apply for approval before they can start.

Construction project construction, shall comply with the technical regulations, and accept supervision by the water conservancy administrative departments to ensure quality and safety. Completion of the construction project, it should have jurisdiction over water conservancy administrative departments of people's governments organize the relevant departments to make checking, acceptance may be put into operation.

    Acceptance or unqualified acceptance of construction projects shall not be put to use.

Article 17th of the right of access to water resources development and utilization of units and individuals in any of the following circumstances, the original transferring authorities shall recover the rights to water resources development and utilization:

(A) since the date of acquisition of hydropower resources development rights, 2 uncommitted starts application started or approved but construction of 2 years;

(B) the project for the construction, non-lockout due to force majeure 1 or in excess of the approved completion of 3 years not completed;

    (C) has been running the power station shut down for 3 years to restore production.

    Article 18th water Administrative Department of the people's Governments above the county level shall strengthen the hydropower resources development project construction supervision and inspection, safety, accept public reports of violations in the process of developing hydropower resources, investigate and punish violations, maintaining hydropower resources development and flood control, irrigation, water supply, and ecological environment security.

19th the people's Governments above the county level shall the water conservancy administrative department or other relevant departments and their staff, working in water resources development and management in the following acts, by its superior administrative body or supervisory organs shall be ordered to correct serious cases, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated in accordance with law:

(A) is not set up, adjust, or modify the hydropower resources development plan;

(B) the examination and approval does not conform to the development planning of water resources development and utilization of water resources projects;

(C) is not required to determine rights to water resources development and utilization;

(D) does not perform its hydropower resources development construction project permit completion and acceptance of responsibility;

    (E) other acts of negligence, malpractice, abuse.

    20th in violation of the provisions of this article tenth, made without authorization of the right of exploitation and utilization of water resources development and utilization of water resources, by the water conservancy Administrative Department in accordance with the People's Republic of China water law 65th of the rules will be punished.

    21st in violation of provisions of the second paragraph of this article 14th, by the water conservancy administrative departments shall recover the right to development, and a fine of between 10,000 yuan and 30,000 yuan.

    22nd in violation of the provisions of article 16th, by the water conservancy administrative departments shall be ordered to stop construction or operation, rectification, and a fine of between 10,000 yuan and 30,000 yuan; losses caused shall bear liability. 23rd these provisions come into force on January 1, 2012.