Dalian Port Infrastructure Management

Original Language Title: 大连市港口公用基础设施管理办法

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(December 29, 2007, Dalian City people's Government, the 58th Executive meeting on January 31, 2008 93rd Dalian people's Government promulgated as of March 1, 2008) first to strengthen the public infrastructure of the port management to ensure normal use, in accordance with the People's Republic of China Law on ports, combined with the city's actual, these measures are formulated.
    Second port infrastructures in these measures refers to public passage, breakwater of the port, roads and other facilities.
    Article in the administrative area of the port city, Dalian City public infrastructure construction, maintenance, and use of, these procedures apply.
    Fourth city, Lushunkou District, Jinzhou district, County (City) port administration authorities, responsible for the management of ports in the range of public infrastructure management.
    Dalian Economic and technical development zone, Dalian Changxing Island Harbor industrial zone Administration Committee and the municipal government agencies that manage port infrastructure in the context of management work.
    Port administration authorities can delegate its public infrastructure of the port management body, specifically responsible for the daily management of port infrastructure work.
    The maritime administrative agency, municipal and County (City) of relevant departments under the responsibility of the District Government, responsible for public infrastructure work related to the management of the port.
    Article fifth port the port administration authorities are responsible for public infrastructure construction.
    Port infrastructure construction should be in accordance with port planning, marine function zoning and environmental protection planning in the area, and shall be handled in accordance with the laws and regulations of the relevant building, sea and environmental protection, and approval procedures.
    Sixth port public infrastructure construction project tendering and bidding, project management and quality control system.
    Port administration authority to determine project feasibility studies, design, construction and supervision units, should adhere to the principles of openness, fairness and justice, implementing market-oriented operation.
    Article seventh participation in construction of port infrastructures project feasibility studies, design, construction, supervision of the units and individuals shall meet the eligibility or qualification prescribed by law and administrative regulations.
    Eighth construction of port infrastructures project feasibility studies, design and construction, should consider use of resources, environmental protection, safety of navigation and the impact on existing facilities.
    Feasibility study for the construction of port infrastructures project phase shall seek the views of the maritime administrative agency.
    Nineth port administration shall each year to assess the status of port infrastructures, and according to its own funds to develop maintenance plan the following year, after examination by the relevant government departments, the level of Government approval.
    Article tenth port administrations based on port infrastructure maintenance plan should be to maintain port infrastructures, ensuring normal use of port infrastructure.
    Port infrastructure maintenance, including repair, maintenance, dredging, measurement and observation.
    11th public infrastructure maintenance at the port needs to be used in sea, beach, river or dumped, take sand excavation, shall go through the relevant formalities.
    12th port public infrastructure maintenance operations, should comply with laws and regulations on water traffic safety, significant job flag is set, and to minimize the impact on navigation in the past.
    13th due to reasons such as natural disasters, man-made and natural losses, port public infrastructure damage or other conditions that affect normal use, the port administration shall be to inform the authorities in time, and perform maintenance.
    14th article port public based facilities construction, and maintenance and management by needed funds can used following way raised: (a) levels government financial funding; (ii) Central and provincial special funds; (three) port construction fee, administrative career sex charges returned; (four) goods port fee, business sex returns; (five) law using port public based facilities franchise right, and advertising right administrators name right, financing means raised of funds; (six) using port public based facilities construction engineering added land by gets of returns;
    (VII) national policy loans, other foreign financial organizations and foreign government loans; (VIII) allowed to raise funds in other countries.
    15th Administrative Department shall be announced to the public port public port infrastructure the basic situation, where fundamental changes, should be made public timely changes.
    16th port infrastructure used shall be in accordance with use of port infrastructures, ports of public infrastructure damage that was caused, shall immediately report to the port administration and the maritime administrative agency, and repaired in a timely manner.
    17th waters found the use of the right of the port's natural resources and natural conditions change, you should promptly report to the Department of marine administration.
    18th approved in the ports within the range of public infrastructure construction, completed project have an impact on public infrastructure should be cleared when the temporary facilities or residues.
    19th prohibits public port infrastructure following the use of: (a) engaged in aquaculture in the channel, anchorage or fishing operations, (ii) dumping sand into the channel, anchorage, mud, garbage and other waste, (iii) other acts that affect the normal use port infrastructure.
    Article 20th disobey article 16th, port infrastructure damage is not repaired, by the port administration authorities ordered to repair fails to repair, repair by the port administration departments, the cost borne by the offence and penalty of between 200 Yuan more than 1000.
    21st article violation this approach 18th article provides of, by port administration sector ordered deadline clear; late not clear of, by port administration sector clear, by needed costs by violations people bear, and sentenced fine: belongs to non-business activities in the of violations of, sentenced 200 Yuan above 1000 Yuan following fine; belongs to business activities in the of violations of, sentenced 1000 Yuan above 10,000 yuan following fine.
    22nd in violation of the provisions of article 19th, in accordance with the People's Republic of China Law on ports policy.
    Article 23rd port administration authorities or their authorized port infrastructure management institution for dereliction of, abuse of authority, who shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    24th article this way prior to the implementation of the port administration sector and the port operator Protocol ports managed by the port operators of public infrastructure, in accordance with the terms of construction, maintenance and use.
                                                                              25th article of the rules take effect on March 1, 2008.