Yunnan Province Water Permits And Water Resources Fee Collection Management

Original Language Title: 云南省取水许可和水资源费征收管理办法

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Yunnan province water permits and water resources fee collection management

    (June 25, 2009 Yunnan Province Government 25th times Executive Conference considered through August 3, 2009 Yunnan Province Government makes 154th, announced since October 1, 2009 up purposes) first article to strengthening water resources management and protection, promote water resources of save and reasonable utilization, according to State makes No. 460, announced of take water license and water resources fee levy Management Ordinance (following referred to Ordinance) of about provides, combined this province actual, developed this approach.

    Article in the use of water within the administrative area of the province works or facilities that directly from rivers, lakes or underground access to water resources for units and individuals (hereinafter referred to as water), shall, in accordance with the Ordinance and these regulations, applications for water licences, and shall pay a fee for water resources.

    Third provincial and State (municipal), County (city, district) Water Conservancy administrative departments in accordance with this approach provides hierarchical management of permissions, in charge of the water licensing systems within the administrative area of organization, implementation and supervision.

    The County (city, district)-level water Administrative Department, financial Department and pricing departments in accordance with the Ordinance and these rules, and manage permissions for water resources fee collection, management and supervision.

    Fourth section of the fourth article of the Ordinance (b) provides a small amount of water intake limits, in accordance with the following provisions:

    (A) family life month not more than 30 cubic meters of water per household;

    (B) the sporadic feeding, captive animal drinking months no more than 60 cubic metres of water.

    Fifth article in accordance with the fourth paragraph of the regulations in part (c) of taking (exhaust) water and (d) the provision of water, water shall himself (rows) of water within 5 working days from the date reported to the local County (municipal and district) Water Conservancy administrative departments for the record, the archival materials should include the following:

    (A) the name of the water, (name), address;

    (B) remove (row) starting time and location of the water;

    (C) remove (row), purpose, reason, amount of water. In accordance with the fourth paragraph of the regulations (e) provision of water shall be subject to County (municipal and district) level above the water conservancy Administrative Department.

    Water people of water conservancy administrative departments shall receive temporary emergency water views within 24 hours to agree to in writing and writing.

    Sixth water licensing should be guided from surface water, from underground water, taking water from the River, water from lakes after principle.

    Rivers and streams and underground water licensing, in accordance with the fifth article of the Ordinance specified in the first paragraph of the order of implementation of water.

    Lake water licensing, should first meet the domestic water consumption in urban and rural areas, taking into account the ecological and environmental, agricultural, industrial and shipping needs.

    Article seventh provincial water conservancy administrative departments administrative areas, according to the State of the province, access to water, ordered State (City) for local administrative access to the water.

    State (City) Department of water administration under the superior water conservancy administrative departments of the State (municipal) administrative access to water, issued in each County (city, district), for the administrative access to water.

    Eighth article in addition to the Ordinance article 14th from outside the water catchment management authority for approval, the following water approved by the provincial water conservancy administrative departments:

    (A) the design flow of 4 cubic meters per second or more of surface water agricultural water or water intake more than 40,000 cubic meters of industrial water and other water;

    (B) groundwater water intake more than 3000 cubic meters of water;

    (C) Interstate (City) administrative region of water;

    (D) by the people's Government of the province or provincial investment authorities, approval of construction project of water.

    Nineth except as provided in this article eighth area of intake water, following water intake by the State (municipal) Water Conservancy administrative departments:

    (A) the design of surface water flows over 2 cubic metres per second less than 4 cubic meters per second of agricultural water or water intake more than 20,000 cubic meters less than 40,000 cubic meters of industrial water and other water;

    (B) groundwater in Kunming daily water intake is less than 3000 cubic meters of water, and other States (City) water daily water intake more than 300 cubic meters less than 3000 cubic meters of water;

    (C) the County (city, district) administrative regions the water;

    (D) by the State (municipal) Governments or State (municipal) investment project approval, approval by the competent water.

    Eighth article tenth in addition to these measures, Nineth outside under water, taking water from the County, where the water intakes (city, district) approval of the water conservancy Administrative Department.

    11th get water permit application, acceptance, review and decision-making process in accordance with the Ordinance and the relevant provisions of the State.

    The 20th of the Yunnan province, and the circumstances as provided in section 15th of the groundwater management, water and approval authority shall not be approved for water applications. 12th when water examination and approval authority approving water withdrawal shall be indicators of total quantity control of water licensing within their respective administrative areas, a water quota approved by the local standards, the province's water consumption as the main basis.

    Water consumption quota in local standard not specified in the province with reference to relevant State Council departments in charge of industry development of industry water quota implementation.

    13th water resources shall pay the fee to the water.

    Water exceed the provincial standards of agricultural production limits of water use, water people have excess water resources fees shall be paid.

    Article 14th water resources fee collection standards by price administrative departments of the province, in conjunction with provincial finance departments, the water conservancy administrative departments, submitted to the provincial people's Government for approval.

    The development of water resources fee collection standards, should be guided by the principles and regulations of article 29th of the following requirements:

    (A) water from surface should be lower than water from underground;

    (B) water from rivers should be lower than water from lakes;

    (C) water from fengshuiqu water should be lower than from lack of water;

    (D) agricultural production and water intake should be lower than that of other industries such as industrial, commercial water;

    (E) crop water intake should be less than the cash crops for water. 15th water people collect water should be in conformity with the approved annual plan or the water quota of water.

    Super plan or the fixed water intake, on excess progressive charging water fees in accordance with the following provisions:

    (A) the Super or Ultra-10% of the fixed part of the plan, in accordance with the standards of water resources fee levy charged 1.5 times;

    (B) Ultra-or Super-fixed 10% to 30% part of the plan, according to the water resources fee collection standards twice times the charge;

    (C) the Super or ultra-fixed 30% to 50% part of the plan, according to the water resources fee collection standards of charge 2.5 times;

    (D) the Super plan or the portion of fixed 50% above, according to the water resources fee collection standards charged 3 times.

    16th levy of water resource fees approved by the water authority is responsible for.

    Of levying water resources fee price of water conservancy administrative departments should hold administrative fees license issued by the administrative departments, using dedicated notes printed by the financial sector, and accept their supervision.

    17th monthly levy of water resource fees, contributions of less than 1000 Yuan per month levied according to season.

    Water intake shall each month (quarter) within 5 working days of the end, taking water to the approval authority the actual quantity of water or the actual capacity.

    Water approval authority shall, within 5 working days from the date of receipt of submitted materials, water resources fee payment amount to the water service water resources fee payment notice and payment.

    Water shall receive water resources fee payment notification and payment within 7 working days from the date to go to commercial banks to process payments.

    Water installation and use of electronic smart-metering facilities, according to the actual need to withhold water resources fee.

    18th levels of water resources fee levy, outside the remit except in accordance with the provisions of the Central Treasury, determined according to the financial Department of the province allocated respectively handed over local coffers. Water resources fees shall be included in the budget in full article 19th.

    Water resources mainly to the conservation, protection and management of water resources:

    (A) water resources investigation and assessment, planning, allocation and related standards;

    (B) supervise the implementation of the water licensing and dispatching of water resources;

    (C) the rivers and lakes and reservoirs and water source protection and management;

    (D) the construction of management information system of water resource and water resource information collection and dissemination;

    (E) water conservation policies and regulations, standard system construction and scientific research, new technology and product development promotion;

    (F) demonstration project and application of water-saving pilot project grant and the loan;

    (VII) emergency disposal assistance on water resources;

    (H) advocacy and reward saving and protection of water resources.

    Water resources fee can also be used for water infrastructure financing, the rational utilization of water resources.

    Water resources fee in water resource conservation, protection and management of share shall not be less than 60%.

    Article 20th using of water resource fees, by County (municipal and district) level of water administration departments at or above with relevant departments in accordance with the provisions of article 19th uses and preparation of annual estimates of water resource fees and incorporated into the Department's budget, by the financial sector after the approval of the Executive under the budget procedure.

    Article 21st County (municipal and district) level above the water conservancy administrative department or other relevant departments and their staff, have one of the following acts, the higher administrative authority shall order rectification are serious, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) approval of water intake more than superior water conservancy administrative departments of the administration of access to water;

    (B) the law relief of water resource fees;

    (C) not be handed over in accordance with regulations, allocate, use of water resources;

    (D) other acts of abuse of power, negligence, malpractice.

    22nd water in violation of license for water and water resources fee collection management provisions should be given administrative penalties as well as pursue other legal responsibility in accordance with the relevant provisions of the Ordinance. 23rd these measures shall come into force on October 1, 2009. March 31, 1997 issued by the Yunnan Provincial people's Government, the interim measures for the administration of water resources fee collection in Yunnan province and November 23, 1998 issued by the Yunnan Provincial people's Government of Yunnan province water licensing regulation repealed simultaneously.