Administrative Measures For The Development And Utilization Of Coastal Resources Of The Yangtze River, Anhui Province

Original Language Title: 安徽省长江岸线资源开发利用管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201007/20100700257645.shtml

Administrative measures for the development and utilization of coastal resources of the Yangtze River, Anhui Province

    (February 8, 2010 48th meeting consideration of the people's Government of Anhui Province on March 15, 2010, Anhui provincial people's Government promulgated as of April 15, 2010, order No. 226) Chapter I General provisions

    First in order to strengthen the management of coastal resources of the Yangtze River, effective protection and reasonable profit waterfront resources, improve the comprehensive benefits of waterfront resources use, promote megalopolis undertaking industrial transfer demonstration zone construction, guaranteeing economic and social development, in accordance with the relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    The second article of the regulation is applicable in the province within the administrative area of waterfront resources and management activities.

    Waterfront resources mentioned in these measures refers to provisions along the Yangtze River within the waters and land form region, including middle of main flow into the estuary of the Yangtze River and Wei River, and the Bund.

    Article should adhere to the scientific development of waterfront resources planning, unified management and strict conservation, utilization, intensive development, the principle of compensation for the use.

    Article fourth of waterfront resources use, including industrial layout and urban construction, port facilities, water works, Cross-River facilities, ecological protection, tourism development and so on.

    Article fifth provincial people's Government on the waterfront resources unified management. Province and the along set district of City Government should strengthening on this administrative within Yangtze River bank line resources of management, established by development reform, and land resources, and industrial, and traffic transport (port), and water, and construction, and planning, and agricultural, and fisheries, and forestry, and environmental protection, and tourism, administrative competent sector participate in of Yangtze River bank line resources management joint system (following said joint), is responsible for coordination solution about Yangtze River bank line resources utilization of major problem.

    Offices are located in the people's Governments at the corresponding level of the joint development and reform administrative departments.

    Established sixth province and along the area of municipal and county authorities in waterfront resources development, shall perform the following functions:

    (A) the development and reform of administrative authorities are responsible for leading the preparation of the overall development of waterfront resources planning or implementation planning and implementation;

    (B) Water Conservancy administrative departments are responsible for flood control, water conservation, soil and water conservation supervision and management;

    (C) the administrative departments in charge of land and resources in accordance with the law of collective land expropriation and requisition procedures, pre construction project land, supplies and temporary land-use procedures, to investigate and punish acts of illegal use of land;

    (D) transportation (ports) the authorities responsible for port planning and shoreline management, investigate and punish acts of unlawful use of shoreline;

    (E) the administrative departments in charge of environmental protection of drinking water sources protection and environmental impact assessment of construction projects.

    Industry, construction, planning, agriculture, fisheries, forestry, tourism and other relevant administrative departments according to their respective functions, supervise the waterfront resources according to law. Article seventh use of waterfront resources shall obtain, and may be transferred according to law.

    Protection of the legitimate rights and interests of waterfront resources use rights, no unit or individual may seize or transfer of waterfront resources use rights.

    Eighth to encourage domestic and foreign economic organizations and individuals in accordance with the investment development and utilization of coastal resources of the Yangtze River.

    Chapter II plan

    Nineth article Province Government development reform administrative competent sector should organization land resources, and industrial, and traffic transport (port), and water, and construction, and agricultural, and fisheries, and forestry, and environmental protection, and tourism, sector, according to this province economy and social development planning, and wanjiang city with undertake industry transfer model district planning, and land using general planning and province domain town system planning, prepared Yangtze River bank line resources utilization general planning, reported Province Government approved Hou announced implementation.

    Along set district of city government development reform administrative competent sector should organization land resources, and industrial, and traffic transport (port), and water, and construction, and planning, and agricultural, and fisheries, and forestry, and environmental protection, and tourism, sector, according to province Yangtze River bank line resources utilization general planning and city general planning, prepared this administrative within Yangtze River bank line resources utilization implementation planning, reported this level Government approved Hou announced implementation, and reported Province Government record.

    Tenth compilation of waterfront resources utilization master plan and implementation plan should be guided by the following principles:

    (A) according to the waterfront location, natural resources and the natural environment, such as nature, science determine waterfront features;

    (B) according to the needs of economic and social development, integrating all relevant sectors of development and utilization of coastal resources of the Yangtze River, promoting the development of megalopolis undertaking industrial transfer demonstration zone;

    (C) to protect and improve the ecological environment to ensure sustainable use of waterfront resources.

    11th waterfront resource utilization overall plan and implementation plan should be compatible with the comprehensive River basin planning, flood control planning of the Yangtze River, and links up with port planning, environmental planning, etc.

    According to the different functions and uses of coastal resources of the Yangtze River, waterfront resources utilization master plan should be clear range of waterfront land development.

    12th waterfront resources development in General, the term of the General plans for 20 years, implementation planning is generally 5 years of the planning period. 13th waterfront resources utilization of approved master plan and implementation plan, no unauthorized changes.

    Necessitates modification, shall, in accordance with procedures approved by the original approval authority.

    And the relevant departments of the State Council and major projects approved by the provincial people's Government, needs of waterfront resources utilization master plan and implementation plan, and the relevant departments under the State Council and the provincial people's Government files, modify the appropriate planning.

    Chapter development

    14th development and utilization of coastal resources of the Yangtze River, should comply with the overall development of waterfront resources planning and implementation planning.

    Prohibiting the use of waterfront resources section 15th of the following projects:

    (A) endanger water safety of facilities, flood control and navigation projects;

    (B) the hazard of living aquatic resources and aquatic environment projects;

    (C) affect the safety of drinking water project;

    (D) other items prohibited by laws and regulations. 16th construction projects use of waterfront resources, the departments concerned in handling prior to project approval procedures, approval or for the record shall be made to the joint meeting of the municipal people's Government to submit relevant materials of the seat area.

    Joint meeting of the municipal people's Government shall be divided into districts along the Yangtze River since the date of receipt of the submission materials in the 20th, members of the organization units building project to review the use of waterfront resources, in line with the overall development of waterfront resources planning and implementation plan, the Department concerned can apply for the construction of project examination and approval procedures, approval or for the record.

    17th construction projects use of waterfront resources and should be approved at the time of project approval, or filing formalities, in accordance with the provisions of relevant laws and regulations, through bidding, auction and listing as well as an agreement to sell paid access to waterfront resources use rights.

    Approved by the people's Governments above the county level in accordance with law, the following construction projects can be allocated access to waterfront resources use rights:

    (A) urban infrastructure projects and public welfare projects;

    (B) projects supported by the national or provincial energy, transportation, water conservancy and other infrastructure projects;

    (C) military installation projects;

    (D) other items stipulated by laws and administrative regulations.

    Article 18th on the strength of high technology, investment, major construction projects conducive to industrial restructuring, according to the project situation, give priority to safeguard the use of waterfront resources. 19th waterfront resource users without changing the use of waterfront resources has approved the scope and functions.

    Absolutely necessary to change use of waterfront resources and use shall be in accordance with the approved procedures change.

    Waterfront resources use rights transfer of waterfront resources use rights, shall be submitted to the original examination and approval authority for approval.

    Waterfront resource users from access waterfront resources exploitation and utilization of more than 2 years from the date of the right, upon approval by the original approval authority according to law, to recover use of waterfront resources.

    20th the development and utilization of coastal resources of the Yangtze River, and shall, depending on its useful life.

    After expiration of the waterfront resources use, legally recovered by the original organ of waterfront resources use should continue to use, according to the established procedures approved again.

    Article 21st of the following circumstances, after approval in accordance with law, to recover the waterfront resources use rights:

    (A) for reasons of public interest;

    (B) in order to implement the megalopolis undertaking industrial transfer demonstration zone planning, you need to adjust use of waterfront resources use;

    (C) the use of waterfront resources use the assignment contract expiry, the holder does not apply for renewal or renewal is not approved;

    (D) due to cancellation or removal of using units as reasons to end the use of waterfront resources originally allocated;

    (E) approved scrap berth and related facilities.

    In accordance with the preceding paragraph (a), (b) provides for recovery of waterfront resources use rights, it shall give due compensation to the holder.

    22nd on the temporary use of waterfront resources, the departments concerned shall be submitted to the joint meeting of the municipal districts along after examination and approval before they can apply for approval. Temporary use of waterfront resources, no permanent buildings, structures, and other facilities.

    The construction of temporary facilities should be used after the expiry of removal of 30th and restore the original appearance of waterfront resources. Temporary use of waterfront resources may not exceed 2 years.

    Period continued to be used, it shall apply for renewal, extension period shall not exceed 1 year.

    Supervision and administration of the fourth chapter
Members of the 23rd joint meeting of the provincial people's Government shall organize the units to carry out investigation of waterfront resources and draw a distribution map of waterfront resources, build waterfront resource files, and the utilization of supervision and inspection.

    24th District along the Yangtze River of city and County development and reform, land resources, transportation (ports), water, building, planning, agriculture, fisheries, forestry, environmental protection, tourism and other sectors in accordance with their respective responsibilities, to strengthen the supervision and inspection of waterfront resources and found that offence to be dealt with according to law.

    Relevant departments of the local people's Governments at or above the county level to waterfront resources when conducting supervision and inspection, the relevant units and individuals shall assist and cooperate, in accordance with the requirements on the materials, and may not refuse or impede personnel from performing their duties of supervision and inspection.

    25th of provinces and districts along the Yangtze River City and County development and reform, land and natural resources, industrial and transportation (ports), water, building, planning, agriculture, fisheries, forestry, environmental protection, tourism and other sectors should strengthen coordination and cooperation, waterfront resources development regulatory information communicated in a timely manner.

    26th of provinces and districts along the Yangtze River City and county administrative departments shall establish a reporting system, public reporting phone number, mailing address, e-mail address, and so on, receive reports on violations of waterfront resources development, verification, processing and timely.

    The fifth chapter legal liability

    27th the development and utilization of coastal resources of the Yangtze River, in violation of relevant laws and regulations, and by the provinces or districts along the Yangtze River City and County departments according to law.

    28th article violates this way 19th article, without prior approval of waterfront resources use and function, or unauthorized transfer of waterfront resources use from the relevant departments of the province or municipal districts along a rectification, according to law.

    29th in violation of provisions of this article 22nd, temporary use of waterfront resources without authorization or temporary use of waterfront resources construction of permanent buildings, structures and other facilities, or expiration of failing to dismantle the temporary facilities, and by relevant departments under the municipal and County districts along a rectification, according to law.

    30th article violates these rules, provinces or districts along the Yangtze River City and County departments do not perform their duties according to law, any of the following acts, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions:

    (A) not according to waterfront resources utilization master plan and the implementation plan approved the use of waterfront resources;

    (B) approval of the illegal use of waterfront resources;

    (C) failing to perform their duties of supervision and inspection;

    (D) ask for and accept other people's property, or seeking other interests;

    (E) other acts of abuse, malpractice, neglect their duties.

    The sixth chapter supplementary articles

    31st port, flood control, land and natural resources, construction, environmental protection and other relevant laws, regulations, rules of waterfront resources provided from its provisions. 32nd article this way come into force on April 15, 2010.