Jilin Province Water Licensing Management

Original Language Title: 吉林省取水许可管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201110/20111000351858.shtml

Jilin province water licensing management (March 18, 2011 Jilin Province Government 3rd times Executive Conference considered through April 15, 2011 Jilin Province Government makes No. 221, announced since May 1, 2011 up purposes) first article to strengthening take water license management, specification take water of application, and approval and supervision behavior, according to People's Republic of China water, and take water license and water resources fee levy Management Ordinance and Jilin province implementation straddling People's Republic of China water approach, legal, and regulations of provides, combined this province actual

    And these measures are formulated.

Second, within the administrative region of this province, units and access to water resources and water licensing management activities of the Department and its staff, shall abide by these measures.

    Water in these measures, engineering or facilities that directly refers to the use of water from rivers, lakes or underground access to water resources.

Water Administrative Department of the people's Governments above the county level in accordance with article the permission as provided herein, in charge of the water licensing systems within the administrative area of organization, implementation and supervision.

    Other relevant departments under the people's Governments above the county level and responsibilities do the water licensing management related work.

    Fourth unit and individual access to water resources, in addition to the circumstances provided for in article Nineth, should a claim for water licences.

    Article fifth water licensing must conform to the integrated water resources planning, long-term supply and demand planning integrated watershed planning, water and the water function zoning, both upstream and downstream, left bank and regional interests, comply with legal approval of water allocation plans; has not yet established water allocation plans should abide by the agreement concluded between Governments.

    Article sixth water licensing should adhere to the surface water and groundwater taken into account, combining open source and throttle, throttle priority, total control and quota management principles.

    Article seventh approved water intake of total amount of water in the administrative area, shall not exceed the river basin authorities or higher level people's Government assigned by the water conservancy administrative departments for local administrative access to water, in which the approved access to the total volume of groundwater shall not exceed the groundwater exploitation in their respective administrative regions, and shall meet the requirements of underground water development and utilization planning.

Article eighth all units and individuals are saving and the obligation to protect water resources.

    For saving and protecting water resources units and individuals who have made outstanding contributions to, the people's Governments above the county level shall give commendations and rewards.

Nineth, one of the following situations, do not need or apply for water licences:

(A) the rural collective economic organizations and their members to use the collective economic organization of the reservoir, the water in the reservoir;

(B) his life and family-raising years drinking water of up to 1000 cubic metres of livestock and poultry;

(C) to protect the mine and underground construction safety and production safety must be temporary emergency access (platoon) of water;

(D) in the event of fire, flood, explosion, hazardous materials leaks, accidents and other cases that jeopardize public security or the public interest, necessary for rendering harmless, temporary access (platoon) of water;

    (E) for agricultural drought relief and maintenance of ecological and environment must be temporary emergency water intake.

Tenth Article Nineth part (c) and (d) provision to remove (row) water, remove (row) of water within units or individuals should be in a State of emergency after the 10th, will remove (row) water has the right to approve the water conservancy Administrative Department.

Remove (row) water for the record include the following:

(A) remove (row) water is the name of the entity or individual (name), address;

(B) remove (row) water start time and place;

(C) remove (row) water purposes, take (platoon) of water;

    (D) contained in the drainage of main pollutants, sewage treatment measures and the potential impact.

    11th according to Nineth part (e) provision for water, water units or individuals should start at the water intake prior to apply to the competent Department of water administration under the people's Governments at the County, water conservancy administrative departments should be made within 3 working days from the date of acceptance of the application review, the desirability of approval by water. 12th people's Governments above the county level shall annually by the water conservancy administrative departments should not need or apply for water licences for water units and water survey of personal registration, archive management.

Water includes water unit or individual name (name), uses, water intake, water intake, water intake and water quality. Survey units and individuals have the obligation to accept the people's Governments above the county level survey water conservancy administrative departments and their functionaries, and truthfully report the situation, provide relevant information, fill in the relevant form, as required.

Not delaying to report, making false statements on or concealing, and refusing to report; no prevarication, denial and impeding the investigation may not be transferred, concealed, tampered with, destroyed the original construction, water, and other related information.

    The township (town) people, streets and villages (neighborhood) Committee should assist the water conservancy administrative departments of the people's Governments above the county level survey registration.

13th units or individuals applying for water, shall apply to the approval authority has permission.

Applications use a variety of water intake, different and the approving authority shall apply to the approval authority at the highest level.

Different units or individual using the same water intake of water or installations, each Party shall make an application to the approval authority has permission. Obtain a water permit, fees shall be paid in accordance with the provisions of the water resources.

    Water administration under the people's Governments at all levels and the authorities have no right to water resources fee relief.

14th water the applicant shall submit the following materials:

(A) water license application;

(B) water unit, legal representative or a person's legal identity document;

(C) specification of the relationship with the third party, such as third parties have a stake in, should be submitted to interested third party undertakings or related documents;

(D) belong to record project to provide archival materials;

(E) water resources demonstration of construction project and its review of the report, do not need to report on the preparation of water resources argumentation for construction projects, water resources argumentation for construction projects shall be presented tables;

(Vi) the use of approved outfall into river water, has jurisdiction over the issue of the people's Governments above the county level should be the water conservancy administrative departments or watershed management agency approval.

    According to the preceding paragraph of this section (c) of water of requests, the applicant cannot get interested third party undertakings or the related documents, the applicant may apply for a hearing to the approving authority, the approving authority shall organize the hearing and hearing the facts as found, and other related materials make the decision whether or not to grant permission. 15th approval authorities shall accept an application for water decision within 20 working days from the date of approval or disapproval; water special and complex, can be processed within 30 working days, decide whether or not to grant approval.

Approved by decision, issuance of water application approval documents; decided not to grant, rejected a written decision with reasons.

Access to groundwater in the urban planning area of water application, the approving authority shall solicit the views of the urban construction Department of city building departments shall receive for comment within 5 working days from the date of the material transmitted comments and water approval authority.

    Approval period specified in the first paragraph of this article, not including the holding of hearings and time required consultation with the urban construction departments.

16th under any of the following circumstances, approval authority not to approve, to disapprove the decision, inform the applicant in writing of its reasons for and by:

(A) the forbidden access to groundwater in mining area of groundwater;

(B) in water licensing has reached the total water intake licensed areas of increased water intake for the total control;

(C) may cause significant harm to water function zones function;

(D) obtain water, water is unreasonable;

(E) within range of city public water supply network to meet water needs, construction project-owned water intake facilities access to groundwater;

(F) the likely significant harm to third parties or the public interest;

(VII) belonging to record project, was not submitted for the record;

(VIII) other circumstances as stipulated by laws and administrative regulations.

    Approval of the water shall not exceed the water intake project or facility design quantity of water.

    17th River of requests and needs to be set into the water outlet, when applying for units and individuals in applying for license for water, which should include water licensing approval authority according to law into the river outlet set up an application.

18th water licensing grading for approval.

Except those which are outside the national approval authority, in line with the water of one of the following circumstances approved by the provincial water conservancy administrative departments:

(A) in provincial water conservancy administrative departments direct management of the River (River) water, lakes, reservoirs and other water supply project;

(B) by the province for approval, approval and filing of construction project of water;

(C) the year taking 3 million cubic meters of groundwater above groundwater limited exploration in the mining and use of groundwater;

(D) the years taken over 15 million cubic metres of surface water for life, industry, other aspects of more than 20 million cubic meters;

(E) the capacity of 2000-kilowatt hydroelectric power station water intake more than;

(Vi) cross City (State), and water.

Meet one of the following circumstances taking water from the municipal water administration departments for approval:

(A) within the municipal district water conservancy administrative departments direct management of rivers (River) water, lakes, reservoirs and other water supply project;

(B) in counties (cities), and water;

(C) urban planning year take of up to 3 million cubic meters of groundwater in the region;

(D) take surface water used for urban planning area within the year, the industry of up to 15 million cubic metres, for other areas of up to 20 million cubic meters;

(E) urban planning of hydropower stations with installed capacity 2000-kilowatt water in the region.

In this article, third paragraph other than the location of the water intake of water by County (City) Government approval of the water conservancy Administrative Department.

Yanbian Korean autonomous prefecture people's Government in accordance with this practice, in addition to approval by the provincial water conservancy administrative departments outside of the water licensing, within the administrative area of the State, County (City) Government Department of water administration of the license for water drawing permission to make their own determination, provincial water conservancy Administrative Department.
Set up by the people's Governments above the county level economic and technological development zone and industrial zone of water licensing examination and approval by local people's Governments above the county level the water conservancy Administrative Department.

    19th taking water after the application is approved by the approving authority, applicant and individual construction of water works or facilities.

    Need to apply for a license for water drawing project, without the approval of authorities for approval, the project authority shall not approve, approval of the construction project. 20th access to ground water must conform to the zoning of groundwater, in line with the General layout and take well water requirements.

Not no mined areas or prohibiting the taking of groundwater aquifer water.

    General layout and take well water from city and County Water Conservancy administrative departments, provincial water conservancy Administrative Department.

21st access to groundwater of units and individuals shall entrust a qualified sinking construction units to take shaft sinking project.

    Sinking construction units must not be without water licensing entity or individual drilling.

22nd ground sinking construction unit, shall have corresponding qualifications and level of qualification achieved within the construction.

    Shaft sinking construction units should be submitted to the water approval authority drilling programmes and related certifications in accordance with the relevant technical specifications construction, shaft sinking construction record, and accept the supervision and inspection of water examination and approval authority.

23rd abandoned or sinking well construction is not completed, water units or individuals shall be under the supervision of the local water conservancy administrative departments to take measures to fill.

    No waste well management, organized by the local people's Government to fill.

    24th water Administrative Department of the people's Governments above the county level shall strengthen the management of water intake, water intake management approach formulated by the provincial water conservancy Administrative Department.

25th article and try to run the water intake engineering or facilities within 50 days, the applicant shall submit the following materials to the water the approving authority, apply for issuing water permits:

(A) construction of ratification or approval of the project document;

(B) water application approval documents;

(C) water projects or the construction and operation of facilities;

(D) installation and metrological certification of water metering facilities;

(E) construction and operation of water facilities;

(F) sewage treatment measures;

(G) water intake, water monitoring during the test run results.

Sluice dams and other water storage projects, shall be submitted to the jurisdiction of the water conservancy administrative departments approved water storage operation or watershed management programme.

Groundwater intake project, should also be submitted including shaft sinking construction records, as well as integrated results of pumping test, water analysis reports construction report.

    Water approval authority of applicant fails to submit material under this article, deemed to surrender-water permit application applicant provides incomplete material or water intake engineering of unqualified acceptance, approved by the water authority to inform the applicant in writing additions or corrections, if no additions or corrections deemed waiver of water application. 26th in the term water permits, water units or individuals as a result of water right transfer of water right changes necessary formalities, shall take the relevant supporting documents and related approval documents for the transfer of the right to water, taking water to the original examination and approval organ change request.

    Water examination and approval authority for examination and approval, shall issue a new water permit.

27th article in the term water licence for any of the following circumstances, water new water entities or individuals should be applied for:

(A) changes of water or water use;

(B) changes of water or water intake locations;

(C) the water back, back water or water changes;

    (D) sewage treatment measures for change. 28th stop water intake for 2 years in a row, the original water approval authorities cancelled water licenses.

    Stopped due to force majeure or for reasons such as major technical transformation of water, taking water by the original approval authority agrees, you can keep the water permit. Cases provided for in article 29th Nineth, water units and individuals should be installed with an inspection of water metering facilities and regular examination and approval, and ensure the normal use of water metering facilities.

Water metering facilities may be supplemented, removed or replaced.

Water units and water metering is not installed for personal reasons facilities or metering facilities cannot measure the quantity of water, approved by the water authority in accordance with the approved maximum water capacity water intake.

Any of the following circumstances, you can not install water metering facilities, approved by the water authority in accordance with the water quotas, production, engineering and other approved water intake:

(A) technology cannot be installed, water, climate and other special reasons;

(B) temporary water intake;

    (C) the special needs of production could not be installed.

    Article 30th-water permits for water units and individuals shall, before December 31 of each year to water licensing approval authority this year's water situation summary (table) and the following year water plan proposed (table).

31st water Administrative Department of the people's Governments above the county level shall, before January 31 of each year level up water conservancy administrative departments submit water licensing within the administrative area of the previous year and this year's water plan, and does not need or apply for water licences for water units and individual water situation.

    Superior water conservancy administrative departments found ultra vires approval, water permits approved by the total quantity of water over water allocation plans or agreement number, the actual quantity of water over release of the year's annual water allocation plans and annual plans of water, which should be corrected.

Article 32nd water Administrative Department of the people's Governments above the county level have the right to the water intake units and individuals to supervise and inspect the following conditions:

(A) water use, water intake and drainage stations;

(B) the implementation of the water plan;

(C) running water metering, water saving facilities;

(D) drainage water quality standards;

    (E) the provisions of other laws, rules and regulations.

33rd water Administrative Department of the people's Governments above the county level and their supervision and inspection personnel when conducting supervision and inspection, and the right to take the following measures:

(A) requested by units or individuals for examination the relevant documents, licenses and materials;

(B) requesting the unit or individual under inspection on the implementation of laws and regulations and these rules, a description of the relevant issues;

(C) enter into the inspected unit or individual workplace investigations;

(D) ordering the inspection units or individuals to stop illegal activities, meet statutory obligations. Supervision and inspection personnel when conducting supervision and inspection, shall produce a valid certificate of administrative law enforcement.

    Units and individuals on supervision and inspection work should cooperate, and may not refuse or hinder supervision and inspection personnel performing official business according to law.

34th people's Governments above the county level the water conservancy administrative department or other relevant departments and their staff, have one of the following acts, by its superior administrative body or supervisory organs shall be ordered to correct serious, are directly responsible for the charge and the other persons in accordance with the relevant provisions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

(A) the water meets the statutory conditions of application as inadmissible or not approved within the statutory time limit;

(B) the issue of water for an applicant who does not meet the statutory requirements for approval document or issuing water permits;

(C) violate approval authority issuing water application approval documents and issuing water permits;

(D) without water intake construction project approval documents without authorization and approval, approval;

(V) do not need or apply for water licences for water units and water according to the provisions of the personal survey;

(Vi) does not carry out its oversight responsibilities, finding violations is not investigated;

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

35th disobey 12th article, does not need or apply for water licences for water units and individuals of any of the following acts, by the Department of water administration under the people's Governments above the county level shall be ordered to correct, except members of the rural collective economic organization family life outside the water, may be fined a maximum of 500 Yuan more than 1000:

(A) delaying to report, making a false report or withhold or refuse to report cases of water-related data;

(B) the excuse, refuse or obstruct investigators investigated according to law;

    (C) transferring, concealing, tampering with or destroying the original construction, water, and other related information.

    Article 36th disobey article 21st, water units and individuals delegate does not have a corresponding qualification sinking construction units to take drilling project, by the Department of water administration under the people's Governments above the county level shall be ordered to correct, are part of a non-operational penalty of between 1000 and 500 Yuan; for pertaining to the operation of the penalty of between 5000 and 2000 Yuan.

    37th in violation of provisions of this article 22nd, shaft sinking construction unit does not have the qualification of contractors digging well engineering, does not submit a drilling scheme, or is not in accordance with the relevant technical specifications for shaft sinking, by the Department of water administration under the people's Governments above the county level shall be ordered to stop construction, and fined a maximum of between 10000 and 3000 Yuan.

    Article 38th-water unit or individual in violation of the provisions of other acts, by the Department of water administration under the people's Governments above the county level in accordance with the People's Republic of China water and the water licensing and administration of water resources fee collection Ordinance Jilin province, and the implementation of People's Republic of China approach of relevant provisions of the Water Act stipulates administrative punishments.

    39th before the implementation of these measures has been approved is not in line with the way water licensing provided for in article 18th approval, the approval authority shall, within 90 days from the date of implementation of this approach will be to approve related material handing the water conservancy Administrative Department. 40th article of the rules take effect on May 1, 2011.