Advanced Search

Qinghai Province Water Permits And Water Resources Fee Collection Management

Original Language Title: 青海省取水许可和水资源费征收管理办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

(Adopted at the 57th ordinary meeting of the People's Government of Blue Sea, held on 20 November 2006, No. 55 of 26 November 2006 by the People's Government Order No. 55 of 26 November 2006 and published from 1 January 2007)

Article 1 promotes water resource savings and the rational exploitation of water resources, in line with the State Department's Regulations on Water Consequences and Water Resources (hereinafter referred to as the Regulations) and the approach to the implementation of the People's Republic of China Water Law in the Blue Sea Province, and develops this approach in line with the practice of this province.
Article 2, which uses water engineering or facilities directly from rivers, lakes, underground water resources, shall, in addition to the conditions set out in article IV of this approach, apply for access to water permits and payment of water resources, in accordance with the provisions of the Regulations and this approach.
Article 3
In the State (territory, city), the territorial Government's water administration authorities are responsible for the implementation and supervision of management by organizations that have access to water licences and the water resource collection management system.
Article IV contains one of the following conditions and does not require the application of water access permits and payment of water resources:
(i) Rural collective economic organizations and their members use water in water banks, water ponds and ponds of this collective economic organization;
(ii) In rural pastoral areas, the total monthly consumption of water is not exceeding 100 cubic metres;
(iii) In order to secure the safety of construction and production in underground areas, such as mine wells, the need for temporary emergency response ( drainage) water;
(iv) Access to water for temporary emergency response against public safety or public interest;
(v) In order to combat drought and to maintain an ecological environment for agricultural pastures, water needs to be temporarily emergencyized.
Access to water under subparagraph (iii), (iv) of the previous paragraph shall be subject to the consent of the territorial water administration authorities of the water gallery and shall be reported by the district water administration authorities within five working days.
Article 5 Access to water should be given priority to meeting water for rural and urban residents, taking into account agricultural, industrial, ecological environmental water, maintaining the sound flow of the River and the sound water of lakes, groundwaters, and preserving the naturalization of the water body.
Article 6. The application of the water licence shall be consistent with the integrated consideration of surface water with groundwater, with the first surface water, the combination of the source and the stream, the principle of the priority of the flow, and the combination of total controls and targeted management.
More than the people at the district level have access to the annual total amount of water authorized by the water administration authorities, which shall not exceed the annual water use plans issued by the water resources available in the region or by the top-level water administration authorities. Approval of the annual total amount of water for use of groundwater shall not exceed the level of extraction of groundwater within the current administrative area 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 advice of the Land Resources Authority.
Article 7. Any unit and individual have the obligation to save and protect water resources and has the right to stop, prosecute and prosecute violations of water resources protection laws, regulations and methods.
The Government of the people at the district level or the water administration authorities should provide recognition or incentives to units and individuals that have contributed significantly to the savings and protection of water resources.
Article 8. Governments and water administration authorities at all levels, as well as media, such as television, radio, and the press, should strengthen the awareness of the water licence and the water resource collection system and increase the awareness of the whole society in accessing water, paying water resources and protecting water resources in accordance with the law.
Article 9 requires units and individuals for access to water (hereinafter referred to as applicants) and shall apply to the water administration authorities with the authorization authority, in accordance with the terms of reference for the sub-management of water. The authorization of the water licence is governed by the territorial Government's water administration authorities, and the applicant shall submit an application to the Government's water administration authorities in the State (terrioral, municipal) where the water request is received and shall submit observations within 20 working days from the date of receipt of the request and, together with all requests, to the territorial Government's water administration authorities.
The approval authority shall decide whether or not to be approved 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.
Article 10
The Government's water administration is responsible for the following water licence clearances:
(i) Governors in the province, Jang River, Xangi, Yukio River, the Black River, the river, the river of the river, the river of Nagler, the Bhar River, the Lungi River and the Blue Helms, the lakes of the mountains, the flooding, the rivers of the rivers of the city, or the State (land, city) border management;
(ii) Access to surface water for more than 50,000 cubic metres, and water on the ground of groundwater is more than 1 million cubic metres;
(iii) The capacity of hydropower generators is more than 10,000 kwash;
(iv) The use of groundwater in excess of groundwater.
The Government's Water Administration is responsible for the following water licence clearances:
(i) Access to surface water by 50,000 cubic metres to 1 million cubic metres, and access to water on the ground of groundwater, from 1 million cubic metres to 0.5 million cubic metres;
(ii) Access to water within the context of the management of the rivers across the administrative region (markets, areas) or in the area of the rivers of the area of the border (market, area);
(iii) The capacity of hydropower generators ranged from 1 to 05,000 kwa;
(iv) Access to water in areas where no water administrative authority exists.
In addition to the provisions of this article, the territorial and municipal authorities of the Government of the People's Water shall be responsible for the clearance of water-licensing matters, and other water-licensing authorizations are the responsibility of the territorial Government's water administration authorities.
Article 11
Article 12, approved water allocation programmes and water-use specifications are the main basis for the approval of water authorizations.
Total water licence control targets in all states (land, city) and counties are developed in conjunction with the current state of water access and the availability of demand, in line with the watershed and regional water licence control targets.
Article 13. Access to water is subject to approval by the approving authority, and the applicant may be happy with the construction of water works or facilities. The construction project, which is to be approved by the State or the relevant departments of the province, does not have access to water for approval, and the project authorities shall not approve and approve the construction project.
Article 14. Water resources costs are charged by the licensee of water.
Water access units or individuals should pay water resources in accordance with the law and take water in accordance with approved annual water plans.
Article 15. The water resource charges are charged by the provincial Government's price authorities with the provincial financial sector and provincial water administration authorities, which are approved by the Government. The criteria for water resource costs can be adjusted on the basis of the use, affordability and economic and social development in the province.
Article 16 Water-powered water can be extracted according to actual power sources; mining industry, oil, gas extraction and fire power generation are used for industrial water.
Article 17 shall be accessible to water units and individuals, upon request by the water administration authorities, to install water measurement facilities in line with national standards and to ensure their normal operation, without measurement facilities or measurement facilities are not functioning properly, and the water administration authorities are able to obtain water royalties at the top of the water facility.
Article 18 sets out the criteria, scope and time for the production of water for agricultural pastoral production by the Government of the province.
Article 19 Access to water units and individuals is subject to strict compliance with the water licence. The cost of water resources should be charged against the excess plan or the excess of the quantity of water. More than 30 per cent of the approved water harvest was charged to the excess of the price of some water; more than 30 per cent to 50 per cent of the approved water harvested was charging about two times the excess price of some water; and more than 50 per cent of the approved water harvest was charged to the excess of the price of some water.
Article 20 Water resources costs may be charged by month or by a quarter. When the water licence approval authority determines the amount of the payment of water resources, it shall send a notice of the water receipt or personal contributions to the water cost, the water unit or the individual shall, within 7 days of receipt of the payment notice.
Article 21 Water resources costs are earmarked funds for water resources management and water development, which should be fully incorporated into the financial budget, and the water resources collected by the provincial Government's water administrations are paid in full to provincial finances; and the State (terrioral, municipal) and district-level government water administrations are charged with water resources and are fully donated.
Article 2, paragraph 2, of the Government's water administration authorities may entrust the relevant sector with the payment of water resources, and the same financial sector arranges for the payment of royalties by 3 per cent of the actual income base and incorporates the same-level fiscal budget for the year in order to cover the necessary expenses for the operation.
Article 23, in accordance with the relevant policy provisions for units or individuals requiring the payment of water resources, shall apply to the provincial Government's water administration authorities, which are approved by the Government of the Provincial People's Government after the approval of the Government of the Ministry of Water, in conjunction with the price sector, the financial authorities.
Article 24: Water resources costs are used primarily for:
(i) Basic work on water resources management, such as water resources study, survey evaluation, planning for the production of water supply and demand plans;
(ii) Water conservation, water content and water quality monitoring;
(iii) Water-technical research, demonstration outreach, and subsidies for water-based social construction projects;
(iv) Remediation of subsidies or loans for priority water-related construction projects such as water, water sources;
(v) Support for the maintenance and rehabilitation of small hydropower works;
(vi) Grants for water management planning and work for the previous period;
(vii) Policy research, operational training, education and incentives for advanced water resources;
(viii) Water resources protection for personal accidental injury insurance by law enforcement officials and the management of water resources.
Article 25
The Government's water administration authorities, the financial sector and the price authorities at the district level should strengthen the monitoring of water resource charges, the use of them, the management of the top-level water administration, the financial sector's identification of ultra vires and non-compliance with the use of water resources, and should be requested in a timely manner to correct the relevant sectoral deadlines.
Article 26
(i) To request the inspectorate or the individual to provide documents, notes, information;
(ii) To request the inspectorate or the individual to provide clarifications on the implementation of the Regulations and the methodology;
(iii) To conduct investigations into the production sites of the inspectorate or individual;
(iv) To compel the inspectorate or the individual to cease violations of the Regulations and the scheme and to fulfil their statutory obligations;
(v) Access, replication of the required documents, instruments, books, vouchers and statements for the collection of water resources.
The supervisory inspector should produce legal and effective administrative law enforcement documents when conducting oversight inspections. The units and individuals concerned should cooperate in the supervision of inspections and should not be denied or hindered the supervision of inspectors to perform their duties under the law.
Article 27 of the Government's water administration authorities at the district level should report to the top-level water administrative authorities on a timely basis on the issuance of water licences in the previous year of the administrative region.
The top-level water administration authorities have found the excess authorizations, the total number of water-sharing programmes approved by the water licence or the quantity specified in the water distribution agreement, the annual actual consumption of water over the delivery of the annual water distribution programme or the access to water plans, which should be requested in a timely manner by the relevant water administration authorities.
Article 28 violates the provisions of this approach by holding legal responsibility in accordance with the relevant provisions of the Water Law of the People's Republic of China, the Regulations and the approach to the implementation of the Water Law of the People's Republic of China.
Specific issues in the application of Article 29 of this approach are explained by the Provincial Government's Water Administration.
Article 33 The Rules for the Application of the Water Conceptive Scheme in Blue Sea Province, issued by Decree No. 18 of 23 May 1995 by the People's Government of the Blue Heavy Province, and the provisional management of water royalties issued by Decree No. 20 of 6 September 1995 by the People's Government of the Blue Hear Province.