Anhui Province Water Licensing And Implementation Measures For The Management Of Water Resources Fee Collection

Original Language Title: 安徽省取水许可和水资源费征收管理实施办法

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(On June 23, 2008 Anhui Province Government 9th times Executive Conference considered through on July 7, 2008 Anhui Province Government makes No. 212, announced since on October 1, 2008 up purposes) first chapter General first article to strengthening water resources management and protection, promote water resources of save and reasonable utilization, according to State take water license and water resources fee levy Management Ordinance (following referred to Ordinance), combined this province actual, developed this approach.
    Water in these measures in article, refers to the use of taking water directly from rivers, lakes or facilities (including area) and water dammed-up rivers, lakes or underground access to water resources.
    Article in addition to the fourth of the Ordinance in the case, access to water resources unit and individual shall apply for water licences, and pay a fee for water resources.
    The regulations provided for in the fourth of family life and sporadic feeding, captive animal drinking a small amount of water directly limit refers to the annual quantity of water in 1000 cubic metres below specific thresholds established by municipal people's Government, determined according to the water resources in their respective administrative areas.
    Fourth competent administrative departments of local people's Governments at or above the county level shall water in accordance with the classification of administrative privileges, organizations responsible for water licensing regime implementation, and supervision and management.
    Local people's Governments at or above the county level the water conservancy administrative departments, finance ministries and competent price administrative departments in accordance with administrative rights, responsible for water resources fee collection, management and supervision.
    Fifth water licensing should first meet the domestic water consumption in urban and rural areas, taking into account agricultural, industrial, ecological and environmental water and shipping needs. Water licensing in chapter II section sixth water units, or individual (hereinafter applicant) shall be provided by this approach section Nineth, seat has permission to the intake of water administration under the people's Governments at and above the county level shall apply to the competent authorities.
    Applications use a variety of sources, and various sources of water licensing approval authority for the different, an application shall be submitted to the approval authority at the highest level.
    Required state approval, approval of construction projects, the applicant shall submit construction project feasibility study report or apply for water projects approved before the application.
    Other construction projects other than those stipulated in the preceding paragraph, the applicant shall apply in water construction projects in pre-construction.
    Seventh application water intake shall be in accordance with the regulations section 11th to submit the relevant materials. Construction project needs water, the applicant shall submit the qualification units of water resources demonstration of construction project water resources argumentation for construction projects report.
    Competent Department of water administration under the people's Governments at and above the county level shall organize relevant experts to review report on water resources argumentation for construction projects, writing reviews, as a basis for approving applications for the water. Water less and less impact on the surrounding ecosystem and environment construction project, the applicant may not report on preparation of water resources argumentation for construction projects, but should complete the construction project water resources demonstration schedule.
    Do not need to report on the preparation of water resources argumentation for construction projects of water resources argumentation for construction projects and table formats and requirements, in accordance with the relevant provisions of the State.
    Eighth section water and set into the river outlet, applicant shall apply for water applications, the application settings into the river outlet according to state regulations.
    The applicant of the provisions of the preceding paragraph, apply water resources demonstration of construction project of water will be required to submit reports, report on water resources assessment should be included into the outfall of the river sets the argument about content.
    Nineth article take water license according to following approval permission implemented grading approval: (a) years take with surface water in 15 million cubic metres above, and groundwater in 10 million cubic metres above, or in groundwater limit mining district take with groundwater and hydro-electric power Assembly machine in 10,000-kilowatt above, and by Province Government investment administrative competent sector approval, and approved or record of construction project take water of, by Province Government water administrative competent sector approval; (Ii) years take with surface water in 7 million cubic metres above 15 million cubic metres following, groundwater in 5 million cubic metres above 10 million cubic metres following, or hydro-electric power Assembly machine in 10,000-kilowatt following, and by set district of city government investment administrative competent sector approval, and approved or record of construction project take water of, by set district of City Government water administrative competent sector approval; (three) years take with surface water in 7 million cubic metres following, and groundwater in 5 million cubic metres following,
    As well as by the competent administrative Department of the County investment approval, approval or for the record of construction project of water, water administration under the people's Governments at the county level authorities. Apply for TRANS-water from common water Administrative Department of the people's Governments at a higher level approval or appointed by the water conservancy administrative departments for examination and approval.
    Applications using the same water source, and there is more than one water intake, the intake of water should be in accordance with and determining water licensing and approval authorities. Tenth ratification within the administrative area the total quantity of water shall not exceed the level people's Government assigned by the water conservancy administrative departments for local administrative access to water, in which 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. Development of underground water development and utilization planning should seek the views of land and resource administration.
    Absolutely necessary to increase the quantity of water, people's Governments shall be subject to the previous approval of the water conservancy Administrative Department.
    Water Conservancy administrative departments shall, in accordance with the approved water intake of total amount of water in the administrative areas, in accordance with the amount of control and quota management principles water licensing, approval of water shall not exceed in accordance with national and provincial industry water quota approved by the water. 11th the approving authority shall accept an application for water decision within 45 business days from the date of approval or disapproval.
    Approved by decision, and shall at the same time issue a water approval files.
    Access to groundwater in the urban planning area of water applications, approving authorities shall seek the views of urban construction Administrative Department, urban construction Administrative Department shall receive for comment within 5 working days from the date of the material transmitted comments and water approval authority.
    Take water application approved file should including following content: (a) water to water water status, take water uses, take water and corresponds to of guarantee rate; (ii) back water locations, and back water and back water water requirements; (three) water fixed and the about water requirements; (four) measurement facilities of requirements; (five) special situation Xia of take water limit measures; (six) water engineering or hydro-electric power engineering of water scheduling and reasonable discharged flow of requirements; (seven) application issued take water license of other about matters.
    12th article Ordinance 20th article first paragraph subsection (three), and (four) items provides of may on water function district waters using function caused major damage or take water, and back water layout not reasonable, is refers to: (a) for take water caused water reduced may makes take water mouth where waters up not to water function district water standard of; (ii) in drinking water water reserves within set into river sewage mouth of; (three) back water in the by containing main pollutants concentration over national or place provides of pollutants emissions standard of;
    (D) water may be discharged into waters does not meet water quality standard Ribbon; (e) the return water discharge into the waters to limit the total amount of emissions control requirements are not met; (vi) water withdrawals of groundwater replenishment requirements are not met.
    13th article according to Ordinance 20th article first paragraph subsection (eight) items provides, has following case one of of, approval organ not approved, and in made not approved of decided Shi, written told applicants not approved of reason and according to: (a) new, and alterations, and expansion construction project no developed water measures programme, and no supporting construction water facilities of; (ii) using national expressly eliminated of behind, and consumption water high of process, and equipment and products take water of. 14th water intake to the application approved by the approving authority, applicant may construction of water works or facilities.
    Capital project required approval, approval by the State without water applied for approval, the project authority shall not approve, approval of the construction project.
    15th intake project or facility is completed, the applicant shall follow the water Administrative Department under the State Council, taking water to the examination and approval authority submitted to the fetch water project or facility operation and other related material.
    Approval authority shall, within 20 working days of receiving the above material organization site inspection, acceptance, issuing water permits; unqualified acceptance and rectification; fails to mend, not be issued water permits.
    Using existing water intake of water works or installations, qualified by the approving authority, issued water permits.
    16th section using the same water source, and there is more than one water intake, according to the water intake of the water intake and issuing water licenses of 1, and water intake in the license registration form containing the water intake of the water intake, water intake and use.
    Applications use a variety of sources, according to various sources of issuing water permit, water intake and water intake in the license registration form containing the water intake of the water stations, water intake and use. 17th water license validity period is usually 5 years, maximum of 10 years.
    Expiry, needs continuity, water units or individuals shall be 45 days before the expiry of the validity period to the original examination and approval organ for, and submit the following materials: (a) continue to take water permit application, (ii), original approval documents and water permits from the water, and (iii) water resources fee payment certificate. Approved by the approval authority shall, in accordance with the original water, the actual quantity of water, water levels and water quality in the water, and water unit or individual industry average water level, local water resource supply and demand conditions, water intake decision made whether or not to renew before the expiry date of the permit.
    Approve the extension, it should be re-issuance of the water licence; isn't renewed, shall state the reasons in writing.
    18th in the water within the validity of the permits, water unit or individual changes in water licensing matters set forth, it shall apply to the approval authority, approved by original examination and approval organ, to handle the change. Third chapter of water resources fee collection and use management 19th intake units or individuals shall pay a fee for water resources.
    Super plan or the fixed water intake, Anhui Province, in accordance with the implementation of People's Republic of China approaches the water provisions of progressive pay water fees.
    Water resources fee collection standards by price administrative departments of the people's Government of the province, in conjunction with the Ministry of finance and water administration departments, submitted to the provincial people's Government for approval, and prices by the State administrative departments, the financial sector and the water conservancy Administrative Department.
    Water resources in agricultural production and water not levy fees.
    20th levy of water resource fees approved by the water authority is responsible for or approved by the water authority commissioned by the people's Governments at the water conservancy administrative department or the levy of water project management unit; approval of river basin management institutions, water resource fee levied by provincial water conservancy Administrative Department.
    21st fee payment amount according to the location of the water intake of water resources water resources fee collection standards and the actual quantity of water OK.
    Water for hydro-electric power (including pumped storage) and thermal power generation through-flow cooling water, water resource fee payment amount based on the location of the water intake water resources fee collection standards and actual power generation established.
    To protect the mine and underground construction safety and production safety, carry out regular drainage, metering facilities, water resource fee determined in accordance with the actual displacement-free metering facilities, determined according to the actual mining of water resources fee.
    22nd enterprise of water resource fees paid into production, operating costs or expenses.
    Administrative institutions to pay operating expenses for water resources in administrative expenditures.
    Article 23rd according to law no reduction of and exemption from payment of water resources fee.
    Water units or individuals with special difficulties for application for holdover of water resources fee in accordance with the provisions of that Ordinance. 24th article levy of water resources fee should full into financial budget, main for water resources of reasonable development and the save, and protection and management, specific including: (a) water resources survey evaluation and the planning of developed; (ii) water resources development and the save, and protection, technology of research, and promotion; (three) water resources management of based facilities construction and equipment configuration; (four) water resources management information collection, and monitoring and released; (five) water resources save, and protection of publicity, and training; (six) and water resources save, and
    Other expenditure relating to the conservation and management.
    Water resources fee by the Department of water administration under the people's Governments at and above the county level in accordance with the use of annual departmental budget, earmarks after approval.
    Supervision and administration of the fourth chapter 25th-water unit or individual should be before December 31 in each year submit to the approval authority in this year's intake and water plan next year. Hydro-electric power and thermal power generation through-flow cooling water units should also be submitted to this year's electricity generation, next generation plans, and water regulation schemes.
    Public water supply intake unit should also submit within the annual consumption of over 500,000 cubic metres and an important water users water demand planning next year.
    26th-water examination and approval authority shall, in accordance with the water intake area the following year plans, water units or individual water plan proposed for next year, according to an integrated and coordinated, balanced, conservative principles, January 31 in each year is currently taking water to the unit or individual to release this year's water plan.
    Water units or individuals for special reasons need to adjust the annual water plan should be agreed to by the original approval authority.
    Approving authorities shall access to groundwater conditions a copy on an annual level of land and resources administrative departments, access to groundwater in the urban planning area of CC-level urban construction Administrative Department. 27th new construction, renovation or expansion projects in the year for water, water unit or individual shall, before taking water starting 30th taking water to the approval authority for the proposed water plan proposed for the year.
    Water examination and approval authority shall, when receiving a water plan proposed within 20th of water to units or individuals issuing annual water plan. 28th-water unit or individual shall, in accordance with national technical standards to install metering facilities, ensure normal operation of metering facilities, without dismantling or destruction of measurement facilities.
    Metering facilities are damaged, water units or individuals should be repaired in a timely manner, and report on water examination and approval authority.
    29th water unit or individual has any of the following circumstances, in accordance with the maximum daily intake of water metering facilities calculation of quantity of water: (a) failure to install metering facilities; (b) metering facilities are not eligible or does not function properly, and (iii) refuses to provide or provides false water data.
    30th water approval authority should be reproduced on a regular basis and verify water units or individuals, the actual quantity of water, water or the actual electricity back, and signed by both parties.
    Water units or individuals refused to sign, water intake and approving authorities shall send two or more administrative law enforcement personnel to the on-site inspection, records archiving, and retaining a water unit or individual.
    31st-water units or individuals as a result of accident emergency water or drainage, water quality monitoring should be carried out, and take measures to prevent pollution, accidents happen.
    32nd article take water approval organ should law strengthening on following take water license matters of supervision check: (a) take water units or personal of name (name) has no change; (ii) take water, and take water uses and the water type; (three) take water, and back water locations and the back water way, and back water; (four) take water plans implementation and water facilities run situation; (five) take water measurement facilities run situation; (six) water resources fee paid situation. Location of the water intake of water examination and approval authority may entrust water conservancy administrative departments or water project management unit to supervise and administer the water licensing.
    Water units or individuals shall cooperate with and provide relevant material.
    Fifth chapter legal responsibility 33rd article take water units or personal has following behavior one of of, by take water approval organ ordered deadline corrected, on non-business activities in the of violations sentenced 1000 Yuan following of fine; on business activities in the of violations sentenced 2000 Yuan above 10,000 yuan following of fine: (a) water facilities built Hou unauthorized stop using of; (ii) take water measurement facilities installation Hou unauthorized stop using of.
    34th article County above place Government water administrative competent sector or other about sector and staff, has following behavior one of of, by its superior administrative organ or monitored organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) on meet statutory conditions of take water application not accepted or not in statutory term within approved of;
    (Ii) on not meet statutory conditions of applicants issued take water application approved file or issued take water license of; (three) violation approval permission issued take water application approved file or issued take water license of; (four) not according to provides levy water resources fee, or on not meet sustained paid conditions and approved sustained paid water resources fee of; (five) occupation, and interception, and misappropriated water resources fee of; (six) not perform supervision duties, found violations not investigation of; (seven) other abuse, and negligence, and engages in of behavior.
    The preceding paragraph (v) of embezzlement, interception and diversion of water resources fee, it shall be recovered.
    Sixth chapter supplementary articles article 35th water direct access to other units or individual water or drainage, shall handle the water permit application.
    36th referred to herein above this number, excluding the number itself.
                                                                                      The 37th article of the rules take effect on October 1, 2008.

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