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Administrative Measures On Groundwater In Yunnan Province

Original Language Title: 云南省地下水管理办法

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Water management approach in Yumnan

(Adopted by the 25th ordinary meeting of the People's Government of Yumnang on 25 June 2009, No. 153 of the People's Government Order No. 153 of 3 August 2009, published as of 1 September 2009)

Article 1, in order to strengthen groundwater management, promote the rational development, use and protection of groundwater, and in accordance with the laws, regulations, such as the Water Act of the People's Republic of China, the approach to the implementation of the Water Law of the People's Republic of China, in conjunction with the practice of this province.

Article 2 of this approach refers to the existence of special groundwaters such as general groundwater and geothermal, or mining.

Article 3 develops, uses, protects and manages groundwater within the territorial administration, and shall be in compliance with the relevant laws, regulations, regulations and methods. The regulations, regulations are applied in accordance with the provisions of the present approach to the management of groundwater in the administrative area of the city of Kymin.

The National People's Republic of China's Mineral Resources Act and its implementing rules and regulations apply to the survey of groundwater within the territorial administration.

Article IV should be guided by the principles of protection priorities, harmonization of planning, rational development, integrated use, efficiency and strict management.

Article 5 Governments at all levels should strengthen their leadership in the management of groundwater by increasing awareness of education, encouraging, supporting research, extension and applications for groundwater savings and protecting advanced science and technology, raising awareness of the overall social savings and the protection of groundwater, and providing incentives for savings and the protection of units that make tangible results in groundwater savings and protection.

Any unit or individual has the obligation to save and protect groundwater and has the right to stop, investigate and prosecute violations of the investigation, exploitation and pollution of groundwater.

Article 6. The management and oversight of groundwater within the current administrative area is the responsibility of the above-ranking water administration authorities.

In accordance with the division of duties, the territorial resource administration authorities at the district level are responsible for the management of the mineral resources related to groundwater, such as geothermal water, mineral water, etc., in the current administrative area.

Relevant sectors such as urban and rural construction, environmental protection, are responsible for the management of groundwater in the present administration, in accordance with their responsibilities.

Article 7. More than sanitary authorities at the district level should prepare plans for the use and protection of groundwater, with the approval of the Government of the current level of the people, subject to advice from sectors such as development reform, land resources, rural and urban construction, environmental protection.

The use and protection planning of groundwater should be subject to watersheds, regional water resource planning and the related planning interfaces and coordination developed by relevant sectors such as reform, land resources, rural and urban development and environmental protection.

Article 8

Article 9. The provincial water administration authorities shall communicate to the provincial authorities, with provincial land resources, urban and rural construction administrative authorities, on the basis of the status and dynamic monitoring of the exploitation of groundwater throughout the province, the determination of groundwater prohibiting mining areas or limiting mining areas, within the area of severe overexploitation of groundwater in accordance with the law.

The authorities in the city of Kmin Minh shall communicate with the municipal land resources, the rural and urban construction of administrative authorities to delineate groundwater bans or restricted mining areas within the context of the significant overexploitation area determined by the law.

Article 10, in areas where groundwater is severely overexceptive, shall not be constructed, modified, expanded to expand groundwater-based water supplies or facilities and shall not be added on the basis of approved annual water harvests.

In the area prohibited by mining, no water engineering or facility shall be used for the extraction of groundwater, already existing water-based works or facilities shall be closed or removed.

In the restricted mining area, water access works or facilities for already existing groundwater should be reduced.

Article 11, which has been approved, plans for the use and protection of groundwater, the classification of groundwater functional areas, the overexploitation area of groundwater and the severe overexploitation area, the prohibition of mining and the limitation of mining areas, shall be amended or adjusted in accordance with the procedures approved by the original approval authority.

Article 12. The above-mentioned territorial management authorities shall organize, in accordance with the principle of reasonableness, information-sharing, planning of the underground water monitoring stations network within this administrative area and, in accordance with the planning and improvement of groundwater monitoring stations, work on groundwater dynamic monitoring and the establishment of an information-sharing platform on groundwater monitoring.

Focus monitoring should be carried out in areas where groundwater is overexploited and severely overexploited, racked areas, concentrated groundwater water sources and groundwater contamination areas.

Article 13 above shall authorize the mining of groundwater within the current administrative area, in accordance with the conditions of hydrology, groundwater dynamic monitoring information, actual mining and geological disasters that are fuelled by the development of groundwater.

The top-level water administration authorities shall, within the authorized mining of groundwater, authorize the issuance of the total amount of water for use in the administrative area.

Article 14.

The management of reimbursable royalties, such as water licences, mining licences approval authority, procedures, supervision of management and water resources and mineral resource compensation, is carried out in accordance with the relevant provisions of the State and the provincial governments.

Article 15 has one of the following conditions, and the authorities of the territorial waters above shall not authorize the exploitation of groundwater:

(i) Exploitation of groundwater in the area of underground water;

(ii) New construction, alteration, expansion of groundwater access works or facilities in areas where groundwater is severely high;

(iii) Exploitation of general groundwater in areas covered by public water supply networks in rural and urban areas and able to meet water demand;

(iv) Exploitation of groundwater in polar areas with a landscape;

(v) groundwater has been severely contaminated;

(vi) Exploitation of groundwater may trigger geological disasters;

(vii) Exploitation of groundwater may endanger the security of buildings;

(viii) Laws, regulations prohibiting the exploitation of groundwater or other circumstances in which it should not be exploited.

Article 16, which is approved for the extraction of groundwater, shall have corresponding qualifications and shall be strictly constructed in accordance with the water-dependent engineering programme, to ensure quality of construction and to prevent groundwater contamination.

The construction unit, in its work on groundwater access, found that the environment was not suitable for the implementation of groundwater-based water-processing works, should immediately cease construction, take measures to prevent geological disasters and inform units or individuals working on the construction of groundwater-based water; units to build water access works or individuals should report to the original approval authority on time.

Article 17 provides that units or individuals that build groundwater access shall be installed in accordance with legal, regulatory and national technical standards to ensure the proper operation of the measurement facility and to report on the use of groundwater statistics in accordance with the regulations.

The construction of units or individuals for water access works should conduct dynamic monitoring of the water, water and water quality, as requested by the relevant authorities, and report on the results to the administrative authorities of water at the district level and to the territorial authorities.

Article 18 prohibits any unit or person from using toxic hazardous waste, sewage or garbage, such as cholera, pitfalls or solvents.

The location of waste such as garbage, mineral residues should be subject to appropriate protective measures by units and individuals to avoid infiltrating underground contamination of groundwater.

Article 19, when surveying, mining, construction of underground works, opening of tunnels or other activities, should take protective measures to prevent contamination of groundwater or depletion of water sources; construction units should take remedial measures to protect other units or individuals from loss of production.

Article 20 should end the use of general groundwater and dismantle groundwater access in areas where the public water supply network covers and meets water demand in rural and urban areas. Access to water permits has been obtained, and the water licence write-offs should be carried out within 30 days of cessation of access to water.

In accordance with the preceding paragraph, it was necessary to stop the acquisition of general groundwater without the removal of underground water supplies, it should be submitted to the original approval body for the clearance and the closure of underground water.

There is a need for the reactivation of closed underground water-based water-based works for groundwater use, and the re-exploitation of water authorizations by the former approving authority.

Article 21 does not use underground water for use, units or individuals who use groundwater shall, within 30 days of cessation of access to water, obtain a mining licence at the same time, proceed with the clearance of mining licences and closed or dismantle underground water.

Article 2 closed or dismantled groundwater access works shall be borne by the construction units with corresponding qualifications, with the costs incurred by units or individuals using groundwater. There shall be no pollution of groundwater by closed or dismantled groundwater.

Article 23 above-ranking water administration authorities and relevant authorities, in violation of article 15 of this approach, provide for the unauthorized authorization of the exploitation of groundwater, to be converted by their superior authorities or by the Government of the people at this level; in the case of serious circumstances, to be disposed of in accordance with the law by the competent and other direct responsibilities of the person directly responsible; and constitute a crime and to hold criminal responsibility under the law.

Article 24 is one of the following cases, in accordance with the relevant provisions of the Water Act of the People's Republic of China, the administrative authorities responsible for the cessation of the offence, the imposition of a remedy for the period of up to 500,000 dollars, and, in the event of severe fines of over 50,000 dollars, have obtained a water licence and the release of its water licence:

(i) The exploitation of groundwater by unauthorized mining of groundwater or by means of article 15 of this method, without the approval of the law;

(ii) The exploitation of groundwater without conditions under the approved water access, water availability, water use, and water time limits.

Article 25

Article 26 should be held accountable for violations of other provisions of this approach, in accordance with the relevant laws, regulations and regulations.

Article 27 of this approach is implemented effective 1 September 2009.