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Jilin Province Water Licensing Management

Original Language Title: 吉林省取水许可管理办法

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Access to water licence management in Glin Province

(Adopted at the 3rd ordinary meeting of the People's Government of Chilin Province, held on 18 March 2011, No. 221 of 15 April 2011, published from 1 May 2011)

Article 1, in order to strengthen access to water licences, regulate applications, approval and supervision of water access, develops this approach in line with the provisions of the Water Law of the People's Republic of China, the Regulations on Access to Water and Water Resources and the Law on the Application of Water Law of the People's Republic of China in the Province of Glin.

Article 2 includes units and individuals for access to water resources in the administrative areas of the province, as well as in the sectors and their staff involved in accessing water licence management activities.

The approach refers to the use of water works or facilities directly from the River, lake or land.

Article 3

Other relevant sectors of the population at the district level are governed by the division of duties.

Article IV units and individuals who have access to water resources should, in addition to the circumstances set out in article 9 of the present approach, receive water licences.

Article 5 Implementation of the water licence must be in line with integrated water resource planning, integrated watershed planning, long-term water supply planning and water functional areas, taking into account the benefits of downstreams, shores and areas, and in compliance with the approved water allocation programme, which has not yet been developed, and should be in compliance with the agreement signed by the people intergovernmental.

Article 6. The application of a water licence should be consistent with the integrated consideration of surface water with groundwater, the combination of the source with the stream, the priority of the flow, and the principle of the integration of total control with the targeted management.

Article 7.

Article 8. Any unit and individual have the obligation to save and protect water resources.

Units and individuals that have a strong contribution to the savings and protection of water resources are recognized and rewarded by the Government of the more than the population at the district level.

In one of the following cases, no water licence is required:

(i) Rural collective economic organizations and their members use water ponds and water in the water pools of this collective economic organization;

(ii) Half of 1,000 cubic metres of water for years such as home and household feeding;

(iii) In order to secure the safety of construction and production in underground areas, such as mine wells, the need for temporary emergency response ( drainage) water;

(iv) Where fire, floods, explosions, dangerous goods are disclosed, transport accidents and other public interest endangers public safety or public interest, necessary and temporary access to (exclusive) water is necessary to address the hazards;

(v) The need for temporary emergency water for drought and the preservation of ecological and environmental conditions in agriculture.

Article 10, subparagraphs (iii) and (iv), provides for access to (exclusive) water units or individuals shall, within 10 days of the end of the state of emergency, file with the administrative authorities with the authorization.

Access to (exption) water is included as follows:

(i) The name(s) of the water unit or of the individual (name);

(ii) The start-up and place of access to (emission) water;

(iii) Access to (exclusive) water for water purposes;

(iv) Main pollutants, sewage treatment measures and possible impacts in drain water.

Article 11 provides for access to water in accordance with article 9, paragraph 5 (v), where water is to be submitted by a water unit or by an individual to the territorial government water administration authorities of the water gallery prior to the start of the water harvest, the water administration shall submit a review opinion within three working days from the date of receipt of the application and the agreed water is desirable.

Article 12 Access to water includes, inter alia, access to water units or individual names (name), use, water availability, access to water, access to water, and water quality.

The investigation units and individuals have an obligation to receive the investigation conducted by the territorial Government of the above-mentioned people and their staff, in accordance with the law, and to provide information, if any, on the basis of the request for the completion of the relevant tables. Reports, retreats, concealments and denials; no prestigation, refusal and obstruction of investigations; no diversion, concealment, alteration, destruction of original construction, water information and other relevant information.

The communes (communes), street offices and village councils should assist the Government's water administration authorities at the district level to conduct relevant investigations.

Article 13 applies to units or individuals who have access to water, and shall apply to the authorized authority.

Applications for the use of multiple water sources for water and different approval bodies should be submitted to the highest-level approval body.

Different units or individuals use the same water work or facilities to apply to the approval body with the authorization authority.

Access to water permits should be paid in accordance with the provisions. People's governments at all levels and their respective water administration authorities are not entitled to pay for water resources.

Article 14. Applications for water shall be submitted to:

(i) Applications for water licence;

(ii) The statutory identification document of the statutory representative or individual of the water unit;

(iii) A description of the relationship with third parties, such as the existence of a stake in third parties, shall be submitted to commitments or related documents that benefit third parties;

(iv) A project to provide information on the request;

(v) The construction of the project water resource argument report and its review observations, which do not require the preparation of the project water resource argument report and should be presented to the construction of the project water resource argument;

(vi) The use of the approved drainage water should be made of the agreed documents of the Government's water administration authorities or watershed management agencies with jurisdiction over the population at the district level.

In accordance with paragraph (iii) of this article, the applicant is unable to obtain a commitment or documentation for the third person in the interest of the third person or the related document, the applicant may request a hearing to the approval body, the approval authority shall organize hearings and, in accordance with the facts determined by the hearing and the decision on whether the licence is granted.

Article 15. Approval organs shall decide, within 20 working days of the date of receipt of the water request, for approval or non-approval; special, complex and, within 30 working days, for approval or approval. Decides to approve the issuance of the water request for approval; decides not to approve written decisions and reasons for them.

With regard to access to water from urban planning areas, the approval authority should seek the views of the urban construction authorities and the urban construction authorities should submit observations and transmit them to the water approval authorities within five working days from the date of receipt of inputs.

The period of approval provided for in paragraph 1 of this article excludes the time required to hold hearings and to seek advice from the urban construction authorities.

Article 16 has one of the following cases, the approval authority shall not be approved and, in the event of the decision, the written notification of the reasons and basis for the applicant's non-approval:

(i) The use of groundwater in groundwater restricted areas;

(ii) Increase access to water in areas where the total amount of water licence has been obtained;

(iii) The possibility of causing significant damage to the use of functions in water functional areas;

(iv) There is no reasonable reason for accessing water and releasing water;

(v) When the urban public water management network is able to meet the water needs, construction projects have been built from the water-dependent facilities;

(vi) The possibility of causing significant damage to third parties or to the public interest;

(vii) A project that is not submitted;

(viii) Other cases provided for by law, administrative regulations.

The quantity of water for approval shall not exceed the quantity of the water for which the water works or facilities are designed.

Article 17 applies for access to water and for the need to set up river suffices, and the applicant's units and individuals, when applying for the water licence, should be accompanied by the application of the application by the water-licensing approval authority for the application of the application.

Article 18

In addition to the State's authorization, access to water is in line with one of the following conditions, which is approved by the Provincial Government's Water Administration authorities:

(i) The rivers directly administered by the Government's water administration authorities in the province (the river), lakes, water banks and other water supplies works;

(ii) Access to water for construction projects approved, approved and submitted by provinces;

(iii) The exploitation of groundwater by more than 3 million cubic metres of groundwater and in groundwater restricted mining areas;

(iv) Annual surface water is used for life, more than 15 million cubic metres in the industry, and for more than 20000,000 cubic metres in other areas;

(v) Water access to water for more than 2000 kW;

(vi) Cross-market (States) to redirect water.

Access to water in line with one of the following conditions is authorized by the Government's water administration authorities in the area:

(i) The rivers directly administered by the territorial Government water administration authorities in the area of the establishment, lakes, water banks and other water supplies works;

(ii) Trans-dustries (markets) to channel water;

(iii) The following 3 million cubic metres of groundwater in urban planning areas;

(iv) The annual surface water in urban planning areas is used for life, the industry is 500,000 cubic metres below, for other areas, 20000,000 cubic metres;

(v) In urban planning areas, the hydroelectric power plants below tens of 2000.

In addition to the provisions of paragraph 2 and 3 of this article, water is approved by the Government's water administration authorities in the place where water is taken.

The Government of the People's Government of the Republic of Korea may determine, in accordance with the State's practice, the approval of water authorizations by the Government of the Provincial People's Government, in addition to the water licence approved by the territorial Government's water administration authorities.

Access to water licences in economic, technological development zones and industrial concentration areas established by the Government of the people at the district level are vested with the Government's water administration authorities.

Article 19 Upon approval by the Approval Body, the applicant's units and individuals may be happy with the construction of water works or facilities. The construction projects requiring access to water licence are required without approval by the approving authority, and the project manager shall not approve and approve the construction project.

Article 20 requires that access to groundwater is consistent with the water area and is in line with the overall base and the requirement for the water floor. No water shall be prohibited from mining areas or from accessing water.

The overall buoys and the water floors are determined by the municipal, district-level government water administration authorities to report back to the provincial Government's water administration authorities.

Article 21 units and individuals who have taken advantage of groundwater should be entrusted with the construction of wells with corresponding qualifications.

The well-established construction units shall not be designed for units that do not have access to water or personal wells.

Article 2 units engaged in underground water drilling should be qualified accordingly and constructed within the quality of the amount obtained.

The well-established construction units should be drawn up to the water harvesting body for the presentation of well programmes and related qualifications certificates that, in accordance with the relevant technical normative organization, the construction of wells and the inspection of the water approval body.

Article 23 provides for the loss or construction of wells, and water units or individuals shall take seal measures under the supervision of local water administration authorities.

Unmanaged wells are filled by the local people's Government.

Article 24

Article 25

(i) Approval or approval of project establishments;

(ii) Access to water for approval of documentation;

(iii) Construction and probationary operation of water works or facilities;

(iv) The installation and measurement of water measurement facilities;

(v) Construction and probation of water facilities;

(vi) Implementation of wastewater treatment measures;

(vii) Water access and water removal monitoring results during the probation operation.

Hydrothermal works, such as the block dams, should also be submitted to the managed water movement operation programme approved by the competent water administration or by the watershed management body.

Hydrothermal access works should also be submitted to construction reports containing elements such as well-established construction records, integrated results maps for the pumping water test and water quality analysis reports.

The applicant's failure to submit the material under this article to the water approval body has been considered to be automatically relinquishing the request for a water licence; the applicant does not provide the material or does not have access to the water engineering examination, supplemented or corrected by written notification to the applicant by the receiving water approval body, which is not later supplemented or corrected, and is considered to be automatically abandoned.

Article 26, within an effective time frame for the acquisition of water permits, shall be subject to relevant documentation and approval documents relating to the transfer of the right to water, and requests for change to the original water approval body. The Water Approval Body examines the consent and shall make a new water licence.

Article 27 arises in one of the following conditions within the time period of effectiveness of access to water permits, and the water-take units or individuals should reproduce applications:

(i) Changes in access to water or water use;

(ii) Changes in access to water sources or access to water sites;

(iii) Changes in releasing water locations, refunding or releasing water;

(iv) Changes in wastewater treatment measures.

Article 28 continued to stop the receipt of water for a period of two years, with the cancellation of the water licence by the original water approval body. As a result of force majeure or major technological rehabilitation, water access may be retained with the consent of the original water approval body.

Article 29, in addition to Article 9, provides that water units and individuals should be equipped with quantified water measurement facilities and are periodically determined or approved to ensure the normal use of water measurement facilities. There shall be no unauthorized removal or exchange of water measurement facilities.

No water-metric facilities or measuring facilities cannot be accurately measured for the reasons of access to water units and individuals, and the water approval authority approves the quantity of water in accordance with the maximum access to water.

In one of the following cases, water measurement facilities may not be installed, and the approved water consumption by the Water Approval Body in accordance with the level of water use, actual production, engineering design:

(i) No installation of special causes such as technology, water quality and climate;

(ii) Provisional access to water;

(iii) The special needs of production cannot be installed.

Article 33 Water units and individuals who have access to water permits shall be sent to the water licence approval authorities by 31 December of the year (statements) and the next annual water access plan recommendations (statements).

Article 31

The top-level water administration authorities have found the excess authorizations, the total number of water-sharing programmes approved by the water licence or the number specified in the agreement, the annual distribution of water in excess of the amount of the delivered annual actual water consumption and annual water access plans should be corrected.

Article 32

(i) Access to water, water and drainage sites;

(ii) Implementation of water plans;

(iii) Access to water measurement facilities and the operation of water facilities;

(iv) Exclusive water quality;

(v) Other provisions of laws, regulations and regulations.

In carrying out monitoring inspections, the authorities of water administrations and their supervisors are entitled to the following measures:

(i) To request the inspectorate or the individual to provide documents, notes, information;

(ii) To request the inspection unit or individual to provide clarifications on the issues relating to the implementation of legal regulations and methods;

(iii) To conduct investigations into the production sites of the inspectorate or individual;

(iv) The duty of the inspectorate or the individual to put an end to the offence and to fulfil its statutory obligations.

The supervisory inspector should produce legal and effective administrative law enforcement documents when conducting oversight inspections. The units and individuals concerned should cooperate in the supervision of inspections and should not be denied or hindered the supervision of inspectors to perform their duties under the law.

Article 34 of the Government of the People at the district level, or other relevant departments and staff, has one of the following acts, which is being restructured by their superior administrative organs or by the inspection authority; in serious circumstances, the competent and other direct responsible persons directly responsible are treated in accordance with the relevant provisions; and constitutes an offence punishable by law:

(i) Applications for water that are in compliance with statutory conditions are inadmissible or not approved within the statutory period;

(ii) To issue requests for approval of water for applicants that are not in accordance with statutory conditions or to grant access to water licences;

(iii) The issuance, in violation of the authorization authority, of a request for approval of a water request or the issuance of a water licence;

(iv) Self-approved and approved projects for construction projects that do not have access to water for approval;

(v) Access to water units and individuals who do not require a water licence is not registered as required;

(vi) The failure to perform oversight duties and the finding that the offence is not investigated;

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

In violation of article 12 of this approach, water units and individuals who do not require a water licence are one of the following acts, which are converted by the Executive Authority of Water at the district level to the Government of the rural collective economic organization, with the exception of water for members of the rural economic organization, may and will be fined by more than 500,000 dollars:

(i) Delays, retreats, seizures or denial of access to water-related data;

(ii) Preference, refusal or obstruction of investigation by investigators to investigate under the law;

(iii) Transfer, concealment, alteration or destruction of original construction, access to water and other relevant information.

Article XVI, in violation of article 21 of this scheme, provides that water units and individuals are not entrusted with the construction of wells without corresponding qualifications and are converted by orders from the territorial Government of water administrations to a fine of up to $50 million in non-commercial service; and fines of up to 5,000 dollars in the operating area.

In violation of article 22, the construction unit does not have the corresponding qualifications for the construction of wells, the non-submission of drilling programmes or the failure to regulate the drilling of wells in accordance with the relevant technology, and is responsible for the cessation of construction by the administrative authorities of the people at the district level, with a fine of up to $300,000.

Article 338 is taken into account by water units or by individuals in violation of the provisions of this approach, administrative penalties are imposed by the territorial authorities of the Government of the People's Republic of China on water law, the Water Consequences and Water Resources Regulations and the relevant provisions of the People's Republic of China Water Act.

Article 39, prior to the operation of the scheme, has not been subject to the approval of the water licence provided for in article 18 of this scheme, which shall be transferred within 90 days of the date of operation of the scheme to the competent water administration authorities with the authorization.

Article 40