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State Aquaculture Waters Beach In Shandong Province Using A Management Approach

Original Language Title: 山东省国有渔业养殖水域滩涂使用管理办法

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Methods of management of beaching in the State of San Orientale Province

(Adopted at the 94th ordinary meeting of the People's Government of the Province of San Suu Kyi on 26 February 2011, No. 233 of 16 March 2011, published from 1 May 2011)

Chapter I General

Article 1, in order to strengthen the management of beaching in national fisheries breeding waters, regulates the use of licences and recovery of compensation for beaching in national fisheries, guarantees the legitimate rights and interests of fish breeding producers, facilitate the construction of harmonious fishing zones, in accordance with the laws, regulations and regulations such as the People's Republic of China Fisheries Act, and develop this approach in conjunction with the actual practice of the province.

Article 2 uses licences and recovery compensation for the use of beaches in national fisheries raising waters under this jurisdiction.

The approach refers to State-owned fisheries raising beaches in waters (hereinafter referred to as beached in waters), which are defined by law or by other forms of identification of national waters and beach paints that can be used for fisheries.

Article 3. The use of beaching in waters should be governed by the principles of scientific planning, legal licence, lawful recovery, compensation for justice and proper placement.

Article 4

The communes (communes) Government, the street offices are responsible for the management of beach paints.

Article 5 Development reform, finance, land resources, housing urban and rural construction, environmental protection, public safety, human security, prices, etc., are in accordance with their respective responsibilities for the use of licences and recovery compensation for beachs in water areas.

Chapter II Use of licences

Article 6. Civil, legal or other organizations shall use beached in the production of nutrients and shall apply to the territorial Government's marine and fisheries administration authorities and submit the following materials:

(i) An application form for reproduction;

(ii) Individual identification, legal or other organization qualification certificates, legal representative or principal holder;

(iii) Other evidence material.

The use of the sea for the production of breeding should be accompanied by the application for the use of the sea.

Article 7

It was decided that the territorial Government's Maritime and Fisheries Administration authorities should conduct a preliminary review of the request materials within 10 working days of the date of receipt, and that the request material should be made available in the beaching site and in neighbouring communes (communes), the village of a demonstration of 10 days.

After the expiry of the demonstration, the authorities of the territorial Government's Maritime and Fisheries Administration shall communicate the preliminary review of views, all requests for information and public information to the competent organs of the licensee, in accordance with the relevant laws, regulations.

Article 8

The Government of the above-mentioned population at the district level makes a licence decision and issued a breeding certificate to the inland breeding applicant for the use of the licensee and the reproduction certificate to the maritime area at the same time, incompatible with the conditions, the decision not to be granted, and the reasons for the applicant's non-licensability are notified in writing.

The authorities of the marine and fisheries administration at the district level should include, in a timely manner, the reproduction certificate and the use of the sea in the register.

Article 9. In addition to the temporary breeding area, the right to be used in water beach shall not be limited to five years, and the legal regulations provide otherwise.

Article 10 is the right to access, replication of registration books by beachers and stakeholders in the water area, and the authorities of the marine and fishing administration of the people at the district level should be provided without limitation and refusal.

Article 11 Changes in the name or name of the owner or residence of the beached in the water area, and the parties should have relevant evidence, such as breeding evidence, to apply for changes to the licensee.

Article 12. The time period for the use of beach paints in the water area has expired, and the owner of the watershed has continued to use the beaches of the water area for reproduction by law, and the relevant material, such as the reproduction certificate, shall be subject to extensions by 60 days of the expiration of the period.

Restructuring of beaching in the water area is no longer the breeding area, and the extension process will not be completed after the expiry of the term.

Chapter III Recovery of the right to use

Article 13 concerns the need for public interest or national security, in one of the following cases, the Government of the people who have previously approved the use of beach paints in the water area may reclaim the right to beached by the law:

(i) Defence and diplomatic needs;

(ii) The need for infrastructure-building, such as energy, transport and water, carried out by government organizations;

(iii) The needs of public utilities, such as environmental and resource protection, disaster prevention and municipal public use, carried out by governmental organizations;

(iv) The need for other public interests under the law, regulations and regulations.

Article 14. The Government of the people at the district level shall reclaim the place of beaching and neighbouring communes (communes), the right to publish beached in the village. The right to beached in the water area should be reclaimed, including the location, scope, use, and compensation criteria for be recovered. The notice shall not be less than 30 days.

Article 15

The list of beaching surveys should be jointly confirmed by the parties involved in the field survey. The owner or the actual user of the waters objected to the results, and the administrative authorities of the oceans and fisheries should review the ground.

Article 16 of the Government of the Land and Fisheries Administration at the district level shall be accompanied by the development of a habeas corpus programme in accordance with the relevant State and provincial provisions within 30 working days from the end of the investigation.

Reimbursement programmes should include the following:

(i) The location and area of beach paints in the waters;

(ii) Reimbursement criteria for the use of beach paints in the waters;

(iii) The range, quantity and compensation criteria, amounts attached to beds and breeding products;

(iv) Reimbursement rates, amounts;

(v) Other compensation measures.

Article 17 There shall be no less than 10 days for the demonstration.

The owner or the actual user of the waters objected to the right to be recovered in the water beached programme, which could provide written advice to the ocean and fisheries administrative authorities or request for hearing.

The request for hearing should be made within five days of the date of the end of the demonstration, to the competent ocean and fisheries administration authorities, and to organize hearings in accordance with the provisions.

More than 18 per cent of the population's marine and fisheries administration authorities should fully incorporate the hearings and the views of the parties concerned in order to reclaim the use of beached by the people of the water area by the people's government and by the Government of the people at this level in accordance with the relevant provisions.

Following the decision of the Government of the above-mentioned people to reclaim the right to use beached in the water area in accordance with the relevant provisions, the right to use the beached in the water area should be reclaimed to the place of beaching and neighbouring communes (communes), the village.

The announcement should be made in the form of timely and accurate public access to public information, including websites, newspapers, radio, television, government information bulletins, without less than 30 days.

The announcement includes, inter alia, the following:

(i) Approval of bodies, books, time and use for the recovery of beach paints in the water area;

(ii) The place of beaching, area, use of power or actual use of water;

(iii) Removal of compensation resettlement programmes for beach paints in waters;

(iv) The time, location and etc. of the settlement agreement.

Article 20 of the water beaches of the use of paints or the actual use of the person shall, within the time specified in the notice, receive relevant evidence, such as the reproduction certificate, enter into a habeas corpus agreement at the designated location.

The right to reclaim the settlement agreement shall contain the following:

(i) The location and area of beach paints in the waters;

(ii) The availability of breeding, quantity, reproduction and beaching in water areas;

(iii) Reimbursement of resettlement;

(iv) The rights and obligations of both parties;

(v) A breach of responsibility and a solution to the dispute.

Article 21, the right to be painted or the actual use of the water area has no objection to the standard of compensation or the manner in which it is being placed, may apply for review to the Government of the people that has taken the decision to recover; and the non-consistency of the nuclear decision may apply to administrative review or administrative proceedings in accordance with the law.

No units and individuals may be compelled by violence, coercion, fraud, etc. to use the beaches of the watershed or to actually use the person to agree on the right to reclaim the settlement agreement in the beach waters. There shall be no suspension of water supply, electricity and electricity.

Chapter IV Compensation and resettlement

More than twenty-third people at the district level should be compensated by law for the use of beaches or for the actual use of persons in waters.

The right to recovery for beach paints in the water area may be subject to monetary compensation and may also be compensated for, inter alia, the use of power.

Article 24 provides for monetary compensation for the recovery of the right to beached in waters, which shall be paid in accordance with the law for the payment of the royalties for the water beached and returned to the remaining years of the payment and the interest paid.

The water beach paint compensation rate includes royalties for the use of beach paints in the water area, payment for resettlement, and compensation for beach paints and breeding products.

The beaches in the water area are attached to the production of breeders, the construction of ponds and the promotion of inputs facilities.

Article 25. The criteria for the use of royalties and the provision of benefits for beaching in waters are developed by provincial price, finance, ocean and fisheries administration authorities, which are published to the community after the approval of the provincial Government.

The water beaches are attached to the standard of material compensation, which is developed by the commune government of the established area, followed by the agreement of the relevant sectors such as price, finance, ocean and fisheries.

Reimbursement for breeding products, based on the prices of the manufacturer, is owned by the owner. The breeding products are close to the harvest period, and they should be asked after their harvest to the beaches or the actual users of the watershed.

Article 26 Governments of the sea and fisheries administrations at the district level should prepare a payment plan for the recovery of royalties and compensation for settlement costs for beached in the annual water area and be included in the same fiscal budget, with the consent of the same financial sector, to ensure that the water beached compensation is fully in place.

Article 27 of the Government's financial sector and the authorities of the Ocean and Fisheries Administration should be recovered within three months from the date of the approval by the law of the right to beached in the waters, and the payment of the royalties to the beaches or the actual use of the water area in full in accordance with the prescribed procedures.

Article twenty-eighth reparations are in place where the owner or the actual user of the water area shall clean the content within the time period specified in the settlement agreement and transfer the beach paints in the water area; and the Government of the people at the district level recovers the certificate of use and process write-off procedures.

The water beaches or the actual user did not transfer the beach paints within the prescribed time frame, which was transferred by the Government of the more than the population at the district level, which was not later transferred, and the Government of the people at the district level applied to the people's courts in accordance with the law.

More than twenty-ninth people at the district level should introduce a social security regime for fishermen who have been recovered to beached.

The social security funds of the beached fishermen who were recovered from the water area were co-financed by the Government and individuals, and the Government's funds should not be less than 30 per cent of the total social security costs.

The Government's funds are partly arranged from the water beached to the exclusive social security funds on the ground when the use of the beach paints in the water area is recovered and the Government subsidy funds are not implemented and the right to be recovered.

Article 33 Governments of more people at the district level should establish a system for the employment security of the licensed fishermen who were recovered in the water area. Removal of fishermen resulting from the use of beaches in the water area into the unemployment registration and employment services system, free training for labour skills, and, under the same conditions, units using beached in the water area should prioritize their employment.

Chapter V Legal responsibility

Article 31, in violation of this approach, imposes upon the beaches of the use of paints by means such as violence, coercion, fraud, or the actual use of the beaches to enter into the right to reclaim the settlement agreement or to take an interruption of water supply, electricity, etc., to be reclaimed by the Government of the people at the parent level or by its maritime and fisheries administration authorities; to make losses to be caused by the beaching agent or the actual user of the waters, shall be compensated in accordance with the law;

Article 32, in violation of this approach, prevents the recovery of compensation for the use of beaches in the waters, which constitutes a violation of the management of the security sector, punishable by law by the public security authorities; constitutes an offence punishable by law.

Article 33 above is one of the following cases in the Government of the people at the district level and in its marine and fisheries administration authorities, which is being rectified by the Government of the people at the highest level or by its ocean and fisheries administrative authorities; the late failure to reproduce the responsible person and the direct responsible person in accordance with the law; and the criminal responsibility in accordance with the law:

(i) Applications in compliance with the statutory conditions are inadmissible;

(ii) The granting of a licence decision shall not be granted to eligible applicants for nuclear reproduction or for the duration of the statutory period;

(iii) To grant a licence for the use of beach paints in the water area to eligible applicants;

(iv) The right to recovery of beach paints in waters in accordance with the statutory procedures;

(v) The payment of royalties to beaches in waters in full within the specified period;

(vi) Other abuses of authority, omissions, provocative fraud.

Annex VI

Article 34 of this approach is implemented effective 1 May 2011.