Jiangxi Province Port Management

Original Language Title: 江西省港口管理办法

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(January 11, 2008, Jiangxi provincial people's Government, the 69th General session on January 15, 2008, Jiangxi provincial people's Government, the 166th promulgated as of March 1, 2008) Chapter I General provisions article in order to strengthen the management of ports, maintain the safety and operation of the port, protecting the legitimate rights and interests of the parties, promote the construction and development of ports, in accordance with the People's Republic of China ports act and other laws and regulations, combined with the facts of the province, these measures are formulated.
    Article in this province, in the administrative area of port planning, construction, maintenance, operation, management and related activities, shall abide by these measures.
    Port port of people's Government above the county level shall be in article building and development into the national economic and social development planning, protection and rational use of resources in accordance with law.
    Fourth to encourage domestic and foreign economic organizations and individual investment construction and management of the harbour in accordance with law, protect the legitimate rights and interests of investors.
    Article fifth provincial transportation departments of the province's ports, port management bodies of its port management work in the province.
    Districts and cities, County (city, district) departments are responsible for port administration on the details on the management of the people's Governments at the corresponding level of port administration.
    Transportation departments of the provinces, districts and cities and counties (cities, districts) are responsible for port administration authority, hereinafter referred to as port administration authority.
    Second chapter port planning sixth article port planning should according to economy and social development of requirements and defense construction of need prepared, reflected reasonable using Bank line resources of principles, meet town system planning, and and land using general planning, and city general planning, and rivers basin planning, and flood control planning, and waterway transport development planning and other transport way development planning and legal, and administrative regulations provides of other about planning phase convergence, and coordination.
    Preparation of port planning experts should be organized to seek development and reform, planning, land resources, water conservancy departments and the views of the relevant military organs, in accordance with the environmental impact assessment.
    Article seventh port port layout plan including the province and the overall planning of ports.
    Port layout plan in the province is the port distribution planning in the province, mainly clear ports the status, role, functions and other content, promoting the rational use of port shoreline resource in the province. Port master plan is a plan of a port in a certain period, including port, port range of waters and land Division, throughput and vessel type, port nature and function, water and land use, construction of port facilities use of shoreline, land allocation and stage construction sequence, and so on.
    Overall planning of ports shall comply with the province's port layout cold.
    Eighth province-port layout plan, the provincial governments, according to the national port layout plan and the province's economic and social development organization, in accordance with the People's Republic of China Law on port rules promulgated for implementation after consultation with the transportation departments of the State Council.
    Nineth listed in the national directory of major ports in the province's overall planning of ports, port districts and cities where port administration authorities are prepared by the people's Governments at the corresponding level approval, submitted to the provincial people's Government and the transportation departments of the State Council, according to law by the Transportation Department under the State Council to seek relevant State Council departments and the views of the military authorities, in conjunction with the provincial government for approval and promulgation and implementation.
    Determined by the provincial people's Government port master plan, by districts and cities, where the port of port administration authorities are prepared by the people's Governments at the corresponding level approval, submitted to the provincial people's Government, the provincial governments seek the views of the transportation departments of the State Council, ratified and promulgated for implementation.
    The overall planning of ports outside of the provisions of the preceding two paragraphs, the harbour is located (city, district) port administration authorities prepared port is located in the County (city, district) sought the people's Governments of provinces, districts and cities of port administration views, ratified and promulgated, and submitted to the provincial people's Government for the record. Tenth no unit or individual may unlawfully released the revision of an approved port.
    Due to the economic and social development need to modify the port plans, should be in accordance with port planning and development procedures.
    Chapter 11th port construction should be in accordance with port in port construction, shall not violate any port facility port planning and construction. 12th construction of port facilities require the use of shoreline, the applicant shall provide the port districts and cities where the port administration authority a written application.
    However, by the State Council or economic macro-control departments of the State Council approved the construction of the project using the shoreline without further approval for using the shoreline of procedures. District municipal port administration authorities shall from the date of acceptance of the application in the 20th, a preliminary review comments and all application materials submitted to the provincial port administration authorities. Provincial port administration authorities shall receive district municipal port administration authorities within 20th date of submitting application materials, belong to deep water coastline applications use port, made the decision to permit or not permit; of belonging to the application deep water coastline using the port, review comments, transportation departments of the State Council for examination and approval.
    Provincial port administration authorities reviewed applications, should be assessed on the use of the rational organization of the shoreline, and sought the provincial development and reform Department. 13th for port facilities, cargo loading and unloading requires temporary use of shoreline, local districts and cities where the port should be port administration authority a written application. District municipal port administration authorities shall from the date of acceptance of the application in the 20th, made the decision to permit or not permit in accordance with law.
    Temporary use of shoreline of a port shall not build permanent structures, structures and facilities.
    14th port administration authorities to comply with the conditions, shoreline of the license, or the temporary use of shoreline, shoreline use documents issued to the applicant; no permission, and shall notify the applicant in writing and state the reasons.
    Shoreline using the longest period of not more than 50 years, shoreline users should continue to use after the expiration, shall, on the expiry of 60 days before the extension formalities.
    Shoreline period not exceeding one year for temporary use, shoreline users should continue to use after the expiration should be in use before 30th extending the expiration procedures.
    15th shoreline use shall, in accordance with the limits of use and shoreline, without changing the shoreline use and function. Port non-deep water coastline using people from the date of authorization for two years under construction, port administration authorities can recover the right to use its port non-deep water coastline.
    Port deepwater coastline right back, in accordance with the relevant provisions of the State.
    Shoreline users cease using the shoreline should be handled at the port administration port shoreline use cancellation procedures.
    16th port construction should be in accordance with national and provincial regulations apply to departments of Government approval, approval and filing procedures, and to comply with the relevant national standards and technical specifications. Port construction project shall make the environmental impact assessment and impact assessment for flood control.
    Port construction project safety facilities and environmental protection facilities in accordance with design requirements simultaneously with the principal part of the project designed, built and put into use.
    Port construction using land and water, shall, in accordance with the relevant land management, channel management, channel management, protection of military facilities management laws and regulations, as well as provisions of other relevant laws and regulations. Article 17th port engineering construction safety supervision according to law and quality control system. Construction safety supervision agency shall, in accordance with the relevant provisions of the port, port engineering construction safety supervision work.
    Port construction project quality supervision organization shall, in accordance with legal procedures and technical standards for the construction of port engineering quality supervision and management. 18th port facilities construction projects after the completion of project entity shall, in accordance with the relevant provisions of the port facility construction projects for the pilot, and to the administrative sector ports before the trial run for the record.
    Trial operation of port facilities construction projects completed, and acceptance criteria, project entity shall, in accordance with relevant provisions of national and provincial project completion acceptance procedure, acceptance may be put into use.
    Article 19th port of people's Government above the county level shall ensure the necessary funding for port common to the construction and maintenance of waterways, roads and other infrastructure, and to take measures, organization construction with ports in support of the waterway, rail, road, water supply, electricity, communications and other facilities.
    Port Administration Department should strengthen harbour management and maintenance of public infrastructure, and changed according to the situation on the ship moored in the port, anchorage and timely adjustments.
    Fourth chapter 20th engaged in port operations port operation shall meet the conditions stipulated by laws, regulations, rules and operation, to the port administration authorities applied for the permit for port operation, and industrial and commercial registration under the law.
    Including piers and other port facilities in port operation operating port passenger transport service operations, working in the port cargo handling, lighterage, storage operations and tugboat ventures. 21st District municipal people's Government port applies to engage in the management of port operations, shall be filed with the district municipal port administration authority a written application.
    District municipal port administration authorities shall from the date of acceptance of the application in the 30th law approval or disapproval of the decision. Ports of the people's Governments at the county level to apply for port operations, port should be the seat of the County (city, district) the port administration authority a written application. The County (city, district) administrative departments shall, from the date of acceptance of the application within 10th review comments, district, port administration departments for approval.
    District municipal port administration authorities shall from the date of receipt of the application within the 20th law approval or disapproval of the decision. Applications engaged in international container terminal, port ro business districts and cities, where the port should be port administration authority a written application. District municipal port administration authorities shall from the date of acceptance of the application made in the 10th review, submitted to the provincial port administration authorities for approval. Provincial port administration authorities shall be from the date of receipt of the application within the 20th law license or grant licensing decisions.

    22nd port administration port license, shall follow the principle of openness, justice and fairness.
    To qualify, permit engaged in port operations, should be issued to the applicant the permit for port operation; no permission, and shall notify the applicant in writing and state the reasons.
    Port operations license term shall not exceed the shoreline using the term.
    23rd a port operator is engaged in business activities shall comply with the relevant provisions of law and rules and regulations and the rules of port operation, to perform their obligations stipulated in the contract, to provide fair, good service.
    Port operators of passenger transport services, should take effective measures to ensure passenger safety, providing fast and convenient service to visitors, maintain a good waiting area.
    Port operator shall, in accordance with relevant environmental laws, regulations, provisions of the regulations, to take effective measures to fight Huang danger of pollution to the environment.
    Article 24th of carrying emergency supplies and disaster-relief materials and defense construction material shipping and port operators shall give priority to the job.
    25th port operator shall not operate a monopoly practices and unfair competition acts, shall not, by any means, to force others to accept the provision of port services, must not be without qualification, scope and operation of the ship provided handling services.
    Article 26th the port operators should abide by relevant State port operator price and fee provisions, and posted on its site management service fees and charges, as prescribed by the State port operator Bill; unpublished service charges and fees, no charges. 27th port fee is imposed by the port administration authorities commissioned by the financial sector, fees, standards and management practices, in accordance with the regulations of the country and the province.
    Port administration authorities are not allowed to increase port dues collection standards or repeat the levy.
    28th Administrative Department public information should be collected and published on a regular basis port, port operators, shipowners, shippers and passengers, such as providing information consultation services.
    The fifth chapter port security and supervision article 29th port of people's Government above the county level shall strengthen the management of port security leadership, coordinate and solve the major problems existing in the management of the port security.
    30th port shall be formulated by the administration port of dangerous goods that could endanger public interests emergency plan, serious production safety accidents of passengers evacuate and rescue preparedness and natural disaster prevention plans, establish and improve the port a major production safety accident emergency rescue system.
    Ports in the event of accident or emergency, port administrations based on accident and hazard effects should be, start the appropriate plan, organize and implement emergency response and rescue.
    31st port operator shall, in accordance with the relevant laws, rules, regulations and provisions of port security operations, strengthen safety production management, establish and improve the responsibility system for production safety systems, improve work safety conditions, and take effective measures to ensure safety.
    Port operator should be guided by the port administration authorities, formulate the Organization's dangerous goods emergency response plan, passengers of major production safety accident emergency evacuation and rescue preparedness and natural disaster prevention plans, the port administration authorities.
    Ports in the event of accident or emergency, port operator shall, in accordance with plans for emergency treatment to prevent and control the spread of accidents, and promptly report to the port administration and safety supervision and management departments.
    Article 32nd port operator shall, in accordance with the relevant provisions in the dock, warehouse, yard, houchuanting, parking lots and other sites equipped with fire-fighting equipment and security check facilities, strengthen routine inspections to promptly eliminate security risks. Article 33rd port operator in port operations of dangerous goods, shall satisfy the conditions of the transportation departments under the State Council, and to the local port administration authority for the port operation of dangerous goods qualification.
    Made dangerous goods qualification of port operations, port operations shall not engage in dangerous goods.
    Article 34th goods or other objects fall into the port water area may affect the safety of the port or impede navigation, and those responsible should immediately report to the Administrative Department, and was responsible for clearing. Administrative Department found the goods or some other object has fallen into the harbor waters, shall order the responsible deadline cleared; fails to clear, can provide such clear; the urgency of the situation, should have to be removed.
    Clear the costs borne by the relevant responsible persons. 35th case of stranding passengers, cargo backlogs blocking port, port administration departments must take effective measures to unified allocation port transport, terminals, libraries, loading and unloading equipment and personnel, port; blocked ports in severe cases, port of port administration authorities shall promptly report to local government.
    Port local Government deems it necessary, of allocating social resources, port.
    Article 36th the port administration shall perform the port security supervision and administration, strengthen the supervision and inspection of port safety, security vulnerability is discovered, shall be ordered to immediately ruled out by check or within excluded.
    The units under inspection and associated personnel shall be subject to supervision and inspection of the port administration authorities according to law, provide relevant information and data, and may not refuse the inspection, or conceal, misrepresent the situation and information.
    37th sixth chapter legal liability article violates these rules, People's Republic of China ports act and other related laws and regulations have legal liability provisions from its provisions.
    Article 38th in violation of the provisions of article 13th, without permission, without authorization, temporary use of shoreline of a port, the port administration authorities shall order to stop using, and may be fined not more than 1000 Yuan more than 5000 Yuan.
    39th in violation of the provisions of paragraph one of this article 15th, altering the shoreline using the scope and function of, the administrative authority shall order correction within, may be fined not more than 5000 Yuan and 20,000 yuan.
    40th in violation of the provisions of this article 25th, who do not have qualifications provide loading and unloading services, exceeding the scope and operation of ships, the port administration authorities shall order correction within, may be fined not more than 3000 Yuan and 10,000 yuan. 41st article port administration sector has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal: (a) violation provides unauthorized modified by approved announced of port planning of; (ii) not according to provides of conditions, and program and term implementation administrative license of; (three) not law perform supervision check duties, on violation port planning construction port, and terminal or other port facilities of behavior,
    Without the permission of law engaged in port operations, failure to comply with safety regulations and endanger the safety of port operations, as well as other acts in violation of these rules not be investigated and prosecuted by law and (iv) other abuse their powers, neglect their duties, through misconduct.
                                            Seventh chapter supplementary articles article 42nd these measures shall take effect on March 1, 2008.