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

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(November 20, 2006 Qinghai Province Government 57th times Executive Conference considered through November 26, 2006 Qinghai Province Government makes 55th, announced since January 1, 2007 up purposes) first article for 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) and Qinghai province implementation straddling People's Republic of China water approach, combined this province actual,
    These measures are formulated.
    Article works or facilities in this province used to take water directly from rivers, lakes, underground access to water resources for units and individuals, except in the case provided in article fourth of this approach, should be in accordance with the Ordinance and the present regulations apply for water licences, and pay a fee for water resources.
    Third provincial water conservancy administrative departments are responsible for the province's water licensing and water resources fee collection management system implementation, supervision and management of the organization.
    State (or municipal) and County Department of water administration in accordance with the classification of administrative rights, responsible for water licensing and water resources fee collection management system implementation, supervision and management of the organization.
    Fourth article has following case one of of, not need application received take water license and paid water resources fee: (a) rural collective organization and members using this collective organization of reservoir, and time and flood pool in the of water of; (ii) rural pastoral family life and sporadic free-range, and captive animal drinking, months take water total not over 100 cubic metres of; (three) for guarantees mine, underground engineering construction security and production security must for temporary emergency take (row) water of;
    (D) the Elimination of public safety or public interest against an interim water (v) for agricultural drought and protect the ecological environment must be temporary emergency water intake.
    Qian paragraph subsection (three) items, and subsection (four) items provides of take water, take water units or personal should in 5 a days within, reported take water mouth location County water administrative competent sector record; Qian paragraph subsection (five) items provides of take water, should by take water mouth location County water administrative competent sector agreed, and by County water administrative competent sector reported Shang level water administrative competent sector record.
    Fifth water licensing should give priority to meet water, taking into account the water for agriculture, industry, environment, maintaining reasonable reasonable flow of rivers and lakes, groundwater level, maintaining the natural purification capacity of water.
    Article sixth water licensing should adhere to the considered surface water and groundwater, surface water groundwater after, combining open source and throttle, throttle the priority principle of combined total amount control and quota management. Water Administrative Department of the people's Governments above the county level annual total water water licensing approval, shall not exceed available water resources in the region or upper level year water withdrawal plan issued by the water conservancy Administrative Department. Grant access to groundwater year water, shall not exceed the amount of groundwater exploitation within their respective administrative areas, 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.
    Article seventh all units and individuals are saving obligations and protection of water resources, the right to stop, complaint or report violations of water resources protection laws and regulations and these rules of behavior.
    Administrative departments of people's Governments above the county level or water should be saved and protected water resources give awards to units and individuals have made outstanding contributions or awards.
    Eighth administrative departments of people's Governments at various levels and water, as well as television, radio, newspapers and other news media shall strengthen water licensing and promotion of water resources fee levy system, enhance public awareness of water resources in the water according to law, to pay fees and protect water resources. Section Nineth-water units and individuals (hereinafter applicant) shall, in accordance with water licensing management permission, by the water conservancy Administrative Department has permission to apply.
    Water licensing approval authority belongs to the provincial water conservancy administrative departments, the applicant shall provide the location of the water intake (or municipal) apply to the Administrative Department for water under the State (or municipal) water Administrative Department of the people's Governments, and shall be made within 20 working days from the date of receipt of the application, together with all application material submitted to the provincial water conservancy Administrative Department. Approval authorities 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.
    Article tenth water licensing grading for approval. Province Government water administrative competent sector is responsible for following take water license approval: (a) in this province territory of Yangtze River, and Yellow River, and Lancang River, and Huang water river, and big Tong he, and heihe, and incense day River, and that ribs grid Le River, and Golmud River, and Buha River, and longwu River River and Qinghai Lake, and zaling, and eling take water and in across State (to, and city) administrative River or State (to, and city) border river river management range within take water of; (ii) take with surface water day take water in 50,000 cubic metres above, and
    Access to daily water intake more than 10,000 cubic meters of groundwater; (c) hydro-electric power capacity of over 10,000-kilowatt and (iv) access to groundwater in the groundwater overdraft area.
    State (to, and city) Government water administrative competent sector is responsible for following take water license approval: (a) take with surface water day take water in 50,000 cubic metres to 10,000 cubic metres, and take with groundwater day take water in 10,000 cubic metres to 5,000 cubic metres take water of; (ii) in this administrative within across County (city, and district) administrative River or County (city, and district) border river river management range within take water of; (three) hydro-electric power capacity in 1 to 5,000 kW of;
    (D) in the absence of established water conservancy administrative departments of counties (districts) of water within the territory.
    In addition to the provisions of this article shall be determined by provincial and State (or municipal) administrative departments in charge of examination and approval of water under the water licensing matters, other water licensing and approval by the people's Governments at the county level the water conservancy Administrative Department.
    11th water Administrative Department of the people's Governments above the county level should be strictly in accordance with the provisions of the Ordinance the conditions, procedures, deadlines and this approach provides hierarchical permission to implement water licensing.
    12th approved water distribution and water ration is the main basis for water licensing approval.
    State (or municipal), County and total amount control of water licensing indicators, by the provincial water conservancy administrative departments basin and regional water licensing total control, combined with the water situation and conditions of supply and demand. 13th water intake after the application is approved by the approving authority, applicant may construction of water works or facilities.
    Required by the State or province for approval, approval of construction projects without water applied for approval, the project authority shall not approve, approval of the construction project.
    14th the water licensing approval authority is responsible for water resources fee levy.
    Water unit or individual shall pay the water charges, and according to the approved annual plan of water intake. 15th water resources fee collection standards by Government price departments, in conjunction with provincial financial departments and the provincial water conservancy administrative departments, submitted to the provincial people's Government Executive.
    Water resources fee collection standards, can be based on shortage of water resource use, and adjust economic and social development of the province. 16th fees paid according to the amount of water resources water resources fee collection standards and the actual quantity of water is counted.
    Water for hydro-electric power according to the actual electricity levy; mining, oil, gas, mining and thermal power generation through-flow cooling water levied according to industrial use.
    17th water unit and individual shall, as requested by the water conservancy administrative departments, installed in the intake water metering facilities in line with national standards, and ensure the normal operation, cannot work without metering facilities and metering facilities, water conservancy administrative departments according to the water intake facilities maximum daily water intake or equipment nameplate rated water water charges.
    18th agricultural water water resources fee collection standards, scope and starting time shall be separately prescribed by the provincial people's Government. Article 19th-water units and individuals shall be strictly in accordance with the water permit to take water.
    On Super plans or Super fixed take water of, should Super plans or Super fixed part progressive levy water resources fee: over approved take water 30% following of, on its Super take part water increases 1 time times levy; over approved take water 30% to 50% of, on its Super take part water increases twice times levy; over approved take water 50% above of, on its Super take part water increases 3 times times levy. 20th water resources fee to be levied on a monthly or quarterly.
    Water resources in water licensing approval authority determines after the fee payment amount, shall be served on the water unit or individual water resources fee payment notices, water unit or individual shall, from the date of receipt of the payment order within the 7th for payment procedures.
    Article 21st water resources water resources management and water resources development fund should be fully included in the budget, the provincial Department of water administration of water resources fee levy paid in full financial state (or municipal) and County Water Conservancy administrative departments of water resources fee levy, paid in full financial.
    22nd water administration under the people's Governments above the county level authorities may entrust relevant departments of water resources fee levy, finance departments at 3% arrangements on behalf of the tax levied according to the actual amount of storage charges, included in the current year financial budget, expenditure necessary for the levy collected units.
    Article 23rd according to relevant policy provides for the need of water resources fee relief units or individuals should apply to the provincial water conservancy administrative departments, the provincial water conservancy administrative departments together with the price Department, financial Department for review, submitted to the provincial people's Government for approval.
    24th article water resources fee main for following work: (a) water resources of study, and survey evaluation, and planning prepared water of supply and demand plans, water resources management of based work; (ii) water resources protection, and water conservation and the water monitoring; (three) water technology research, and model promotion, water type social construction project of grants; (four) adjustable water, and water, focus water construction project of grants or loan discount; (five) small water maintenance, and transformation of grants; (six) water planning and the early work of grants; (G) the water resources law and policy research, training, education, reward the Advanced;

    (H) water conservation law enforcement personal accident insurance and its supervision and administration of water resources fee collection.
    25th water Administrative Department of the people's Governments above the county level shall strengthen the supervision and management for water licensing implementation.
    Water Administrative Department of the people's Governments above the county level, the financial sector and the price administrative departments should strengthen the water resources fee collection, the use of supervision and management, superior water conservancy administrative departments, financial sector found unauthorized collection and misuse of water resources fee, it shall require the relevant departments within a correction. 26th article County above Government water administrative competent sector in for supervision check Shi, right to take following measures: (a) requirements was check units or personal provides about file, and card as, and information; (ii) requirements was check units or personal on implementation Ordinance and this approach of about problem made description; (three) into was check units or personal of production places for survey; (four) ordered was check units or personal stop violation Ordinance and this approach of behavior, perform statutory obligations; (five) check out
    , Copy the relevant water resources fee levy required documents, bills, accounting books, supporting vouchers for the accounts and reports, and so on. Supervision and inspection personnel when conducting supervision and inspection, shall produce a valid certificate of administrative law enforcement.
    Units and individuals on supervision and inspection work should cooperate, and may not refuse or hinder supervision and inspection personnel performing official business according to law.
    27th water Administrative Department of the people's Governments above the county level should be higher water conservancy administrative departments to submit in a timely manner within their respective administrative regions last year for water licensing.
    Superior water conservancy administrative departments found ultra vires approval, water permits approved by the total quantity of water over water allocation plans or water allocation agreement number, the actual quantity of water over release of the year's annual water allocation or water plan, shall require the water conservancy Administrative Department put right.
    28th in violation of the provisions of these measures, in accordance with the People's Republic of China water law and the Ordinance Qinghai province, and the implementation of People's Republic of China water law, the relevant provisions of the measures shall be investigated for legal responsibility.
    29th the specific problems in the application of these measures by the provincial water conservancy administrative departments is responsible for the interpretation. 30th article this way come into force on January 1, 2007.
                                                                              18th of May 23, 1995, Qinghai province, Qinghai province, issued by water licensing system regulations and 20th of September 6, 1995, Qinghai provincial water resources fee collection management in Qinghai Province issued interim measures be repealed simultaneously.

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