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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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(The 9th ordinary meeting of the People's Government of Ankara, 23 June 2008, considered the adoption of the Decree No. 212 of 7 July 2008 of the People's Government Order No. 212 of 7 July 2008, which came into force on 1 October 2008)

Chapter I General
In order to enhance water resources management and protection, to promote savings and the rational development of water resources, the approach is developed in the light of the State Department's Regulations on the Management of Water Consequences and Water Resources (hereinafter referred to as the Regulations).
Article II uses water as described in this approach, which refers to the direct access of water works or facilities to water resources from rivers, lakes (which contain fall areas) and rivers, lake waters or land.
In addition to the conditions set out in article IV of the Regulations, the units and individuals with access to water resources should apply for access to water licences and payment of water resources.
Article IV of the Regulations provides for a limited number of direct water limits, such as family life and sporadic nutrients, cigaretteal livestock and poultry, which refer to the fact that the annual water harvest is below 1,000 cubic metres, with a specific limit set by the municipality's Government in the area in accordance with the state of water resources in the current administrative region.
Article 4
In accordance with the authority of management, the authorities of water administration, the financial sector and the price administration are responsible for the collection, management and supervision of water resources costs.
Article 5 Access to water permits should first be responsive to the living water of rural and urban residents and to the needs of agriculture, industry, ecological and environmental water and shipping.
Chapter II
Article 6 provides for units or individuals for access to water (hereinafter referred to as applicants) and shall apply to the local government water administration authorities that have the authority to be approved in accordance with Article 9 of this scheme. Applications for the use of multiple water sources and different water access authorizations should be submitted to the highest-level approval bodies.
The project needs to be approved by the State for approval and approval, and the applicant shall submit a request for access to water prior to the presentation of the feasibility study on construction projects or the approval of the project approval request.
Other construction projects other than the previous paragraph should be submitted by the applicant for access to water prior to the construction of the project.
Article 7 shall apply for access to water in accordance with Article 11 of the Regulations.
The construction project will require access to water, and the applicant shall also submit a paper on the construction of the project water resource argument prepared by units with the construction of the project water resource profile. The local government water administration authorities at the district level should organize expert reviews of the construction of project water resource argument reports and provide written reviews as a basis for the approval of water applications.
Less access to water and smaller construction projects that affect the ecological and environmental impacts of the surroundings could not produce a project water resource argument report, but a project water resource argument form should be completed. There is no need for the preparation of the project's water resource argument report, as well as the format and filling of the project water resource statements, to be implemented in accordance with the relevant national provisions.
Article 8 requires access to water and the need to set up a river slacken, and the applicant shall apply for sewerage in accordance with national provisions when applying for water.
The applicant under the preceding paragraph is required to submit a proposal for the construction of the project's water resource logic report, which should include the relevant content of the river slogan.
Article 9
(i) More than 15 million cubic metres of surface water for each year, more than 1,000 cubic metres of groundwater, or more than 1,000 kWa in groundwater-limited mining areas, and construction projects for approval, approval or clearance by provincial government investment administration authorities;
(ii) The annual surface water is below 500,000 cubic metres above 7 million cubic metres, below 1 million cubic metres above 5 million cubic metres, or the overall water power plant is below 10,000 kW, and the construction projects approved, approved or rescheduled by the urban government investment administration authorities in the area;
(iii) The annual surface water is below 7 million cubic metres, below 5 million cubic metres of groundwater, and the construction projects approved, approved or submitted by the district-level Government invested in the administrative authorities.
To apply for water access across the administrative region, approval by the common top-level people's government water administration authorities or by the designated water administration authorities. The application for the use of the same water source and the availability of multiple water gallery shall be subject to the approval of the water-take and the identification of the licensee.
Article 10. The total amount of water taken in the administrative region shall not exceed the amount of water available for use in the current administrative area by the Government's water administration authorities at the highest level; in that regard, the approval of the total amount of water for use of groundwater shall not exceed the level of exploitation of groundwater in the present administrative region and should be in line with the requirements for the exploitation of groundwater. The development of plans for the use of groundwater should seek the views of the Land Resources Authority. There is a need to increase access to water and should be approved by the Government's water administration.
The water administration authorities should implement water licences in accordance with the principle of a combination of total control and targeted management, in accordance with the overall quantity of water approved in the national and provincial industries.
Article 11 shall decide whether or not to be approved by the approving body within 45 working days from the date of receipt of the request for water. The decision should be approved and the request for approval should be issued at the same time.
With regard to access to water from urban planning areas, the approval authority should seek the advice of the urban-building administrative authorities and the urban construction administration should provide advice and transfer to water approval bodies within five working days from the date of receipt of inputs.
The request for approval should include the following:
(i) Water quality of water in water sources, water use, water availability and their assurance rates;
(ii) Removal of water locations, refunds and water quality requirements;
(iii) Levels of water and related water requirements;
(iv) Requirements for measurement facilities;
(v) Access to water restrictions in special circumstances;
(vi) Requirements for the movement of water and the rational flow of water for the storage or hydropower works;
(vii) Other matters relating to the application of a nuclear water licence.
Article 12, paragraph 1, subparagraphs (c), (iv) of the Regulations may cause significant damage to the use of water functions in the water functional area, or water access, and the non-reasonability of the water purification services, means:
(i) Reducing water prices resulting from water harvesting may result in lowering water quality standards for water-efficient areas in water-dependent waters;
(ii) To set up river slacks in the area of drinking water conservation;
(iii) Removal of major pollutant concentrations exceeding national or local-mandated emission standards;
(iv) Removal of water may result in drainage to water quality standards in water functional areas where water is not available;
(v) Removal of water does not meet the requirement for the exclusive control of the water area;
(vi) Removal of water is not in accordance with the requirement for the replacement of groundwater.
In accordance with article 13, paragraph 1 (viii), of the Regulations, there are one of the following cases in which the approval authority is not approved and, in making a decision not approved, the reasons and the basis for which the applicant is not authorized in writing:
(i) The construction, alteration and expansion of construction projects do not develop water-saving measures programmes and do not match the construction of water facilities;
(ii) The use of national orders for the phase-out of lags, high-cost processes, equipment and products.
Article 14. Access to water is approved by the approving authority and the applicant may be able to build water works or facilities. The construction project, which is subject to approval by the State and approval, does not have access to water for approval, and the project authorities shall not approve and approve the construction project.
Upon completion of the water engineering or facility, the applicant shall, in accordance with the provisions of the Department of State Water Administration, submit the relevant material such as water engineering or facility pilot operation to the water approval body.
Approval bodies should organize on-site inspections within 20 working days of the date of receipt of the above-mentioned material, receive qualified and licensed nuclear water; receive non-qualified and accountable deadlines; and fail to obtain water permits.
Direct use of already existing water works or facilities for access to water is granted by the approval authority to obtain water permits.
Article 16 requests for the use of the same water source and for access to water, for example, for the use of water and for the acquisition of a water licence according to the various water-sole and for the production of a water licence, and for the use of water-borne water-dependent water access sites, for water use and for use in the water licence registration form.
To apply for the use of multiple sources of water for the production of water-based licences, and for the use of water-dependent water in the water licence registration form.
Article 17 provides for an effective period of five years, up to 10 years. During the effective period, it will be necessary to continue, to apply by water units or individuals to the pre-approval bodies by 45 years of the expiry of the effective period, and to submit the following materials:
(i) Continuation of applications for water licence;
(ii) Applications for approval of documents and access to water licences;
(iii) The payment of water resources.
Approval bodies shall make decisions on whether the water licence is to be sustained before the expiry of the effective expiry of the period of time, on the basis of the previously authorized quantity of water, actual access to water, the level of water and the condition of water, and the average level of water for the water unit or the individual industry. The granting of a continuation shall re-produce a water licence; no continuation shall be justified in writing.
Article 18, during the period of effectiveness of access to water permits, the acquisition of water units or individual requests for changes in the water licence, shall apply in accordance with the law to the pre-approval body for the processing of the change procedure, with the approval of the original approval authority.
Chapter III
Article 19 Water receipt units or individuals shall pay water resources. The payment of water resources has been made in accordance with the provisions of the approach to the implementation of the Water Law of the People's Republic of China in the province of Ankara.
The water resource charges are charged by the provincial Government's price administration authorities with the financial sector, the water administration authorities, the approval of the provincial people's government and the presentation of the State Department's price administrative authorities, the financial sector and the water administration.
Agricultural production is free of charge for water resources.
Article 20 Water resources costs are charged by the Water Approval Body or are also charged by the Government's water administration or water engineering management unit, commissioned by the Water Approval Authority; water resources costs are charged by the territorial Government's water administration authorities.
Article 21, the amount of payment of water resources is determined on the basis of the water-charging criteria and the actual access to water.
Water-powered water (including pumping power stations) and fire-dependent refrigeration for power generation are determined by the amount paid on the basis of water-charging standards and actual electricity.
In order to ensure the safety of construction and production in underground areas such as mines, there are measurement facilities that are determined on the basis of actual drainage of water; water resources are determined on the basis of actual mining.
The amount of water resources paid by the enterprise is charged to production, operation costs or costs.
The cost of water resources paid by administrative units is charged at administrative expenses.
Article 23 shall be paid by law for water resources.
Access to water units or individuals for special hardship requests for the payment of water resources is implemented in accordance with the provisions of the Regulations.
The water resource costs charged should be fully incorporated into the financial budget, mainly for sound development and savings, protection and management of water resources, including:
(i) Evaluation and planning of water resource surveys;
(ii) Research and dissemination of new technologies such as water resource development and savings, protection;
(iii) Infrastructure building and equipment for water resource management;
(iv) The collection, monitoring and dissemination of information on water resources management;
(v) Water resource savings, protection advocacy and training;
(vi) Other expenditures related to water resource savings, protection and management.
The water resource costs are earmarked by the territorial authorities of the local people at the district level for the preparation of the annual sectoral budget in accordance with the scope of use.
Chapter IV Oversight management
Article 25 Water access units or individuals shall be reported to the approval authority for the current year by 31 December each year and for the next annual water access plan recommendations.
The hydroelectric refrigeration of hydropower units and fire power generation units should also be sent to the current annual electricity generation, the next annual electricity generation plan and water control programmes. The public water supply engineering unit should also report on the annual water demand plan for major water users in the water supply range for more than 50 million cubic metres.
Article 26 The Water Approval Body shall, in accordance with the recommendations of the next annual Water Plan for Water Access, Water Supply Units or Individuals in the region, present water access plans for the current year in accordance with the principles of integrated coordination, integrated balance, retention and accessibility.
The water harvesting units or individuals need to adjust the annual water access plan for special reasons and should be agreed by the original approval authority.
The approval authority shall transmit the use of groundwater to the administrative authorities of the localland resources in accordance with the year and transmit the use of groundwater in the urban planning area to the executive authorities of the city.
The twenty-seventh new construction, alteration, expansion project will need to take water during the year, and water access units or individuals should submit to the Water Approval Body for the year by 30 years of departure. The Water Approval Body shall, within 20 days of the date of receipt of the Water Plan's recommendations, issue annual water access plans to water units or individuals.
Article twenty-eighth water access units or individuals should install measurement facilities in accordance with national technical standards to ensure the proper operation of the measurement facility, without unauthorized removal or damage to the facility. When measuring facilities are damaged, water units or individuals should be rehabilitated in a timely manner and report on access to water approval authorities.
Article 29: Access to water units or individuals has one of the following conditions, calculated the amount of water in accordance with the maximum access to water facilities:
(i) No facility was installed;
(ii) Inadequate or irregular operating facilities;
(iii) To deny or provide false access to water data.
Article 31 shall be reproduced regularly, verify the actual consumption of water from water units or individuals, releasing water or actual electricity, as confirmed by the parties.
Access to water units or individuals who refuse to sign, the water approval body shall assign more than two administrative law enforcement officers to the site for the identification, record-keeping and retain a water unit or individual at the site.
Article 31 provides for water removal or drainage by water units or individuals for emergency response to accidents, and shall be monitored by water quality and take measures to prevent pollution accidents.
Article 32 shall strengthen, by law, the monitoring inspection of the following water licence matters:
(i) There is no change in the name of the water unit or individual (name);
(ii) Access to water, water use and type of water;
(iii) Access to water, releasing water and refunding;
(iv) Implementation of water plans and operation of water facilities;
(v) The operation of water measurement facilities;
(vi) The payment of water resources.
The Water Approval Body may entrust the water-related administrative authorities or water engineering management units with the supervision of the water licence. Water access units or individuals should be synergistic, as is true.
Chapter V Legal responsibility
Article 33 takes the water units or individuals one of the following acts: the time limit for the authorization of water is being changed to the extent that the offence of non-operational activity is subject to a fine of up to 1000 dollars; and the penalties for the offences committed in the operation amounted to €1 million:
(i) The construction of the water facility has stopped its use;
(ii) The use of water measurement facilities has been discontinued.
Article 34 of the local government of water administrations or other relevant departments and their staff at the district level has one of the following acts, which are redirected by their superior administrative organs or by the inspection authority; in serious circumstances, administrative disposition of directly responsible supervisors and other direct responsibilities by law; and criminal liability by law:
(i) Applications for water that are in compliance with statutory conditions are inadmissible or not approved within the statutory period;
(ii) To issue requests for approval of water for applicants that are not in accordance with statutory conditions or to grant access to water licences;
(iii) The issuance, in violation of the authorization authority, of a request for approval of a water request or the issuance of a water licence;
(iv) Approval of the payment of water resources in accordance with the provision of water resources or for non-payment;
(v) Expropriation, retention and diversion of water resources;
(vi) The failure to perform oversight duties and the finding that the offence is not investigated;
(vii) Other abuses of authority, omissions, provocative fraud.
The cost of water resources expropriated, intercepted and diverted by the provisions of paragraph (v) should be recovered by law.
Annex VI
Article XV direct access to other water units or personal water or drainage shall be governed by law.
Article 33, paragraph 1, of the Kyoto Protocol states that:
Article 37 of this approach was implemented effective 1 October 2008.