Administrative Measures Of Guangdong Province Small Hydro

Original Language Title: 广东省小水电管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201108/20110800346722.shtml

Administrative measures of Guangdong Province small hydro

    (November 2, 2010 11th people's Government of Guangdong Province at the 63rd Executive meeting November 16, 2010 152th promulgated by the people's Government of Guangdong Province as of December 1, 2010) Chapter I General provisions

    First for scientific and rational development and utilization of water energy resources, strengthen the supervision and management of small hydropower, promote economic and social development, in accordance with the People's Republic of China water law and other related laws and regulations, combined with the facts of the province, these measures are formulated.

    Article II of this regulation is applicable in the province within the administrative area of 50,000-kilowatt, and following the development, construction and management of hydropower project.

    Third provincial water conservancy administrative departments are small hydropower industry Department, responsible for the supervision and management of small hydropower, small hydropower management work by their respective institutions.

    Water Administrative Department of the people's Governments above the county level shall be responsible for the supervision and management of small hydropower in the administrative area, and other relevant competent authorities within their respective responsibilities, carry out related work.

    Article people's Governments at various levels shall strengthen the supervision and management of SHP leader, supporting the development of small hydropower, promote technical renovation of SHP to ensure safety operation of small hydropower.

    Article hydropower industry associations at all levels should accept the guidance of water conservancy administrative departments, assist in the production of small hydropower safety self-inspection to tie in with the small hydropower safety supervision and management departments.

    Chapter II administration of planning and construction

    Sixth development and utilization of small hydropower shall meet the water resource development plan.

    Prohibition in the experimental zone of nature reserve core zone, buffer zone, construction of small hydropower projects.

    Article seventh SHP development and development should be made right. Small hydropower development in use by the people's Governments above the county level through public bidding, auction and listing of paid transfer, assignment of specific work by the Department of water administration under the people's Governments above the county level organization.

    Proceeds of sale shall be mainly used for the local "farmers" benefit from the project.

    Administrative measures on small hydropower exploitation paid transfer of the right, by the provincial Department of water administration in conjunction with the provincial development and reform Department, the provincial financial Department jointly developed and submitted to the provincial people's Government for approval.

    Small hydropower development and use of life no longer than 50 years. Article eighth small hydropower construction project should be developed within 2 years after the construction of the right investment with a total investment of 20%.

    Not due to force majeure factors, construction investment has not reached within two years with a total investment of 20%, developed by the assignment of the original development of the people's Government of the right free to recover right and organization to sell it again.

    Nineth small hydropower construction investment did not reach a total investment of 40%, no transfer of development right; investment total investment over 40%, you need to transfer development rights, shall be subject to the project's approval (approval) approval, and original development unit of the right of approval.

    Right to use approved transfer of small hydropower development, shall handle the transfer of land use change of the registration, transfer to allocate access to state-owned land use right, should also have the right of approval of the people's Government for approval.

    Article tenth of the small hydropower construction project feasibility study, preliminary design report should be prepared by legally qualified design units.

    11th small hydropower construction project feasibility study (project application report) in accordance with the following provisions legally after trial by the water conservancy administrative departments at and above the county level, development and reform Department permission pursuant to the provisions for approval (approval):

    (A) machine 500-kilowatt (excluding 500-kilowatt), the first instance, by the Department of water administration under the people's Governments at the county level.

    (B) installed above 500-kilowatt 1000-kilowatt (excluding 1000-kilowatt), prefecture-level municipal water administration departments at or above the first instance.

    (Iii) installed above 1000-kilowatt, the provincial water conservancy administrative departments of first instance.

    Preliminary design report 12th small hydropower construction project approval in accordance with the following provisions:

    (A) machine 1000-kilowatt (excluding 1000-kilowatt), approved by the water Administrative Department of the people's Governments at the county level, prefecture-level cities and provincial water conservancy Administrative Department.

    (B) installed above 1000-kilowatt 2000-kilowatt (excluding 2000-kilowatt), prefecture-level municipal water administration departments for approval, reported to the provincial water conservancy Administrative Department.

    (Iii) installed above 2000-kilowatt, approved by the provincial water conservancy Administrative Department.

    The technical innovation of small hydropower projects in accordance with the preliminary design of new small hydro project permission to perform.

    Subsidiary of reservoir meets or exceeds 10 million cubic metres of construction of small hydropower projects should be based on the reservoir size, in accordance with the size of the reservoir project preliminary design review.

    13th access of small hydropower systems engineering in feasibility study phase technical review comments issued by power grid enterprises in accordance with the approved requirements, approved by the development and reform Department. Article 14th approval (approval) of small hydropower projects, a major design change should be in accordance with the provisions of the original preliminary project design and approval of the competent departments.

    Comprehensive utilization of construction tasks such as changing project or order of, engineering grade, main hydrological parameters and results, building sites, the dam type and change the total installed power of more than 10%, project new project approval (approval) Rights Department for approval. 15th construction of small hydropower construction projects should be strictly enforced procedures, compliance procedures, the implementation project legal person responsibility, public bidding, construction supervision and contract management system.

    The investigation, design, construction, supervision shall be borne by the unit with the appropriate qualifications, by the Department of water administration under the people's Governments above the county level shall conduct supervision on construction quality management. 16th construction of small hydropower projects, should be in accordance with the relevant provisions of the State organizations of various types of acceptance.

    Without acceptance or acceptance is not qualified, not be allowed to enter the next stage of construction or use.

    17th provincial water conservancy administrative departments to investigate the status of province small hydro assessment and preparation of the technical innovation of small hydropower planning.

    Chapter III safety management

    Article 18th small hydropower safety management should adhere to the principle of safety first, prevention first, establish and perfect rules and regulations, strictly in accordance with the relevant provisions of Management accepted the production safety sector, power regulators, water Administrative Department and other departments concerned in the supervision and management, and ensure safety.

    Owners of small hydropower is the main body responsibility for safety production of small hydropower, should strengthen emergency management, improve the emergency response system and the responsibility system, implementation of emergency and flood control measures, strengthening emergency response training and exercises, improve emergency response capabilities, and ensure the safety of people's life and property safety and social public. 19th single station machine 2000-kilowatt above should be set for small hydropower station safety management, and configuration of specialized security management staff.

    Single machine 2000-kilowatt (excluding 2000-kilowatt) should be set for small hydropower station safety management positions, full-time Security Configuration Manager, or by the head of the production safety also.

    Article 20th hydropower station water administration under the people's Governments above the county level should be subject to competent authorities and river basin management institutions for integrated water resources allocation to ensure that approved minimum discharge to meet ecological and shipping requirements. SHP shall not exceed the design standard run.

    Relates to upstream and downstream and the left bank of others, shall obtain the consent of the interested party's consent.

    21st small hydropower station safety management system for classification and inspection on a regular basis.

    SHP shall, in accordance with relevant regulations of the State of dams, sluices, metal structures, pressure vessel, mechanical and electrical equipment, fire-fighting equipment and lifting equipment, periodic security identification and detection.

    Production of the small hydropower station experienced flooding, strong earthquakes, after significant accidents or safety exception occurs, shall organize a special security identification. 22nd small hydropower system of certified management personnel.

    Operation and management staff after obtaining the relevant certificate shall, in accordance with the relevant provisions in order to post. 23rd has been completed and put into operation for small hydropower shall draw up flood plans and flood emergency plan, and have the right to dispatch flood and flood control and administrative responsibility for local Government strictly enforced after approval, guarantee security and public safety.

    Small hydropower projects under construction should be prepared before the flood of flood prevention plan, and approval of the local government flood control headquarters. 24th small hydropower stations should be subject to the dispatching of flood control and drought relief departments, according to the flood control requirements, have the necessary communication and traffic conditions, the availability of flood control materials and equipment.

    Flood control during flood control departments at all levels have the right to appear on danger or potentially unsafe to take emergency measures for small hydropower station.

    25th SHP in accordance with relevant regulations of the State and province reached end of life conditions, after approval by the water conservancy Administrative Department in accordance with the provisions of permissions, be scrapped.

    For navigation structures built on the navigable rivers of small hydropower station in reply scrap shall consult the relevant competent departments of transportation.

    Fourth chapter, production management and grid management

    26th small hydro power in the production run, the Internet generation should have laws, regulations and national standards, industry standards, the conditions laid down, shall obtain the water business license, permit, electricity business license, valid license.

    Without obtaining a valid license in small hydropower shall not generate electricity, power companies may not allow its Internet access may not purchase their electricity. 27th SHP power output measurement points should be installed at booster station outside the first rods, according to the billing meter power grid enterprises pay the electricity, power companies not to small hydropower stations in power loss-sharing costs.

    In accordance with the protocol property rights demarcation point for the measurement point power station shall not be charged another loss.

    The original point set the power station does not meet the provisions of the preceding paragraph, adjustment programmes should be developed step by step in accordance with the provisions of the preceding paragraph.

    Article 28th of the small hydropower price minimum reserve price policy, and gradually achieve the same net price.
Provincial Government pricing departments in conjunction with the provincial water conservancy administrative departments of small hydro, electricity regulators supervise the implementation of the price.

    29th power grid enterprises shall full purchase of small hydro power. Power grid enterprises shall, in accordance with the approved renewable energy electricity price standards, subsidies and purchasing and selling contract, in full settlement of electricity tariffs and subsidies in a timely manner.

    Matters related to the settlement of electricity charges should be agreed in the contract of purchase and sale.

    Power companies failed to pay the Internet access tariff at the prescribed time shall be as agreed in the contract to pay liquidated damages, and not full Internet access, estimating the duration of power, specific reasons and improvement measures disclosed to the SHP. Article 30th SHP station design report basic information should be made available to power companies.

    Parallel operation of small hydro should be subject to dispatch, compliance with scheduling procedures, and other related requirements, scheduling the execution of the command.

    31st small hydro electricity and supplying hydroelectric power grid enterprises to implement are calculated, respectively, confirming, according to prices approved by the competent authority price settlement, and in accordance with the relevant provisions of the tax law to pay taxes.

    The fifth chapter legal liability

    Articles 32nd to small hydropower construction in violation of approved the preliminary design and construction, informed by the water Administrative Department of the people's Governments above the county level power grid enterprises does not allow the Internet generation, and in accordance with the People's Republic of China provisions of the Water Act will be punished.

    Identified did not affect the flood safety and security within go through the relevant formalities; engineering facilities seriously affected and works for flood safety, ordered to dismantle in accordance with law, restitution; fails to dismantle, forcibly removed, the costs borne by the illegal entity or individual.

    Article 33rd small hydropower construction project acceptance procedures that are not provided for by the State while running, by the Department of water administration under the people's Governments above the county level in accordance with the provisions of the administrative regulations of Guangdong Province water conservancy project will be punished.

    34th article of the small hydropower stations violates approved minimum discharge or excessive running, by the Department of water administration under the people's Governments above the county level shall be ordered to correct it, and fined a maximum of 10000 Yuan and more than 30000.

    Article 35th regular inspections and safety checks found safety concerns of small hydropower stations, the water Administrative Department of the people's Governments above the county level shall order rectification; periodic inspection found serious safety problems, it should be immediately vacated capacity, stop power after rectification have failed or refused to accept the rectification of small hydropower stations, no water storage and power generation, and fined a maximum of 10000 Yuan and more than 30000.

    36th water Administrative Department and other relevant departments and small hydropower project management units and their staff, dereliction of duty, abuse of authority or who, by their work units or by the competent authorities shall be given sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    The sixth chapter supplementary articles 37th article of the measures shall come into effect on December 1, 2010.