Take Zhejiang Province Water Management Approach

Original Language Title: 浙江省建设项目占用水域管理办法

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(March 27, 2006 Zhejiang Province Government makes No. 214, announced since May 1, 2006 up purposes) first chapter General first article to strengthening waters protection, specification construction project occupied waters behavior, maintenance and play waters in flood control, and drainage, and water, and shipping, and ecological environment, aspects of function, guarantees and promote economic and social of sustainable development, according to People's Republic of China water, and People's Republic of China flood control method, and Zhejiang Province water resources management Ordinance, about legal, and regulations,
    Combined with the facts of the province, these measures are formulated. Article within the administrative area of the province occupied waters and their management in construction projects, these measures shall apply.
    Reclamation management in accordance with the relevant laws and regulations.
    Waters mentioned in these measures refers to rivers, lakes, canals, channels, reservoirs, ponds and their scope of management, not including the waters and dig fish ponds on the land.
    Article occupied waters of construction project management and strict control, protection of the ecological, category management, principles of compensation balance. Fourth water Administrative Department of the people's Governments above the county level shall be responsible for the waters within the administrative area protection and management.
    Among them, belong to the jurisdiction of the provincial management of Qiantang River waters, in accordance with the regulations on the management of Qiantang River in Zhejiang province by province, the Qiantang river management body responsible for the protection and management.
    Development and reform, the people's Governments above the county level of land and resources, environmental protection, construction, transportation, agriculture, forestry, marine and fishing departments, according to their respective duties well water protection and management. Chapter II water conservation planning fifth water Administrative Department of the people's Governments above the county level shall, jointly with relevant departments under the river basins or regions for integrated planning, combined with the administration of flood control and drainage, water intake and water resources, water, environmental and ecological protection needs, such as watershed protection plan, the coordinated development and reform Department at the same level, after review by the water conservancy administrative departments at a higher level, the people's Governments at the corresponding level for approval.
    Provincial water protection plan by the provincial water conservancy administrative departments are responsible for the preparation, coordinated by the provincial development and reform Department later, submitted to the provincial people's Government for approval. Preparation of watershed protection plan, shall solicit the public's views.
    Watershed protection plan approved by the people's Government of planning to society announcements.
    Sixth water protection planning should be based on do not reduce the waters within their respective administrative areas, different blocks within the respective administrative regions and regional basic water rates, overall layout of clear waters, water features and the scope, level and water protection measures.
    Article seventh watershed protection plan should be linked to national economic and social development planning, land-use planning, urban planning, village or town planning scenic area planning, agriculture, environmental protection planning, regional planning, reclamation planning, aquaculture planning, development of inland waterway transport planning link.
    Prepared or modified for urban and rural construction, traffic facilities, land-use planning involving adjustment of water shall meet the requirements related to watershed protection plan; its waters in adjustment programmes should be subject to scientific proof, and water conservancy administrative departments concerned consent.
    Article eighth watershed protection plan water protection, utilization and management of basic evidence, must be strictly enforced.
    Modified watershed protection plan in accordance with the provisions article fifth.
    Nineth urban renewal and economic and technological development zones, high-tech parks, tourist resorts such as regional development, involving water, should meet the requirements of water conservation planning; waters need to be adjusted, and shall prepare in advance water adjustment programmes and scientific reasoning, consent of the water conservancy administrative departments concerned.
    Tenth annual statistical survey system and the waters of the province to implement dynamic monitor system, establish and improve the management information system of water. Provincial water conservancy administrative departments shall, in conjunction with the provincial statistics, and other relevant departments of land and resources to develop annual waters investigating statistical programmes.
    City, County (city, district, the same below) survey the waters of water conservancy administrative departments shall, in accordance with plan to survey the waters, and can be based on local survey on statistical matters in real terms and content.
    City and County Water Conservancy administrative departments should be on the waters in the area of protection and utilization of dynamic monitoring of implementation.
    City and County Water Conservancy administrative departments should carry out regular surveys conducted over the waters in the region and dynamic monitoring of cases submitted to the superior the water conservancy Administrative Department.
    Survey units and individuals shall cooperate with the Department of water administration of the statistics work, truthfully provide information and data on the water, may not refuse, conceal or commit fraud.
    Waters occupy 11th chapter III prohibits the following acts of serious harm to occupy the function of waters: (a) the hazard below the design flood level for flood control and water supply, water conservation, hydroelectricity, irrigation, building activities; (b) tributary of the river confluence and frequent changes of river the river building has an impact on flood control of buildings and structures. Forbidden to landfill or reclamation in rivers, ponds and wetlands.
    Absolutely necessary to landfill or land reclamation, should be subject to scientific proof, and shall be reported to the approval.
    12th construction project takes up water under infrastructure project classification management and non-infrastructure projects.
    Strict control of real estate development, commercial infrastructure such as tourism development projects take up water.
    Infrastructure in these measures refers to basic life needs in order to maintain the provision of the necessary facilities and services, including railways, airports, roads, bridges, ports, power, telecommunications, water supply, water diversion and Water Conservancy.
    13th article following waters for important waters, implemented special protection: (a) landscape places district, and nature reserve within of waters; (ii) city planning district within maintenance ecological function of main waters; (three) drinking water water reserves of waters; (four) storage flood within of waters; (five) provincial River; (six) line Hong drainage backbone River; (seven) 100,000 cubic metres above of reservoir; (eight) 500,000 square meters above of Lake; (nine) legal, and regulations provides of other important waters. Non-infrastructure projects are not allowed to take up important waterways.
    Infrastructure construction projects shall occupy an important water needs, shall, in accordance with the relevant provisions of the measures and approval procedures.
    14th construction project takes up waters, should be based on water conservation plan, where required and occupied waters area, water feature, replaced by construction units or individuals to build water projects or take function remedial measures, or compensation for pay takes up water to water conservancy administrative departments, organized and implemented by the water conservancy administrative departments. Consume water compensation standards, according to local construction projects with similar prices, instead of water or cost function costs of remedial measures are taken to establish, by price, the approval of the Finance Department of the province.
    Compensation fee collection and management of the waters of occupied, by the provincial water conservancy administrative departments, price, financial departments.
    Development of the alternative project or cost function remedial measures taken (including the occupied waters compensation) shall be included in the project budget. 15th construction projects take up approval of the water privileges, in accordance with the following provisions: (a) infrastructure projects occupy 13th paragraph these measures (a) to (c) the provision of water, by the water conservancy Administrative Department at county level and after review by the provincial water conservancy administrative departments of first instance, submitted to the provincial people's Government for approval. Which, involved occupied city level river or across city belongs County Administrative of waters of, by city water administrative competent sector trial; involved occupied across city administrative of waters of, directly reported province water administrative competent sector approval; (ii) based facilities construction project occupied provincial River of, or occupied this approach 13th article first paragraph subsection (four), and (six), and (seven) items provides of waters area 3000 square meters above of, or occupied non-important waters area 5000 square meters above of, And non-infrastructure projects take up important more than 3000 square meters of water area, after the first instance, by the water conservancy Administrative Department at county level, the province approved by the water conservancy Administrative Department. Which, involved occupied city level river or across city belongs County Administrative of waters of, by city water administrative competent sector trial; involved occupied across city administrative of waters of, directly reported province water administrative competent sector approval; (three) construction project occupied this article subsection (a), and (ii) items provides yiwai of city level River of, directly reported city water administrative competent sector approval. Which relates to occupy waters across city boundaries, directly submitted to the provincial water conservancy administrative departments; (d) construction project takes up this section (a), (b), (c) waters other than the one provided, by the water conservancy Administrative Department at county level for examination and approval.
    Among them, involving occupation, belongs to the county-level administrative areas, across the waters of the municipal water administration departments for approval involved take up water across city boundaries of directly submitted to the provincial water conservancy administrative departments for approval. 16th article application construction project occupied waters, should meet following declared requirements: (a) Government investment project according to national and Province provides of capital program reported to the approved Shi, its project proposal or feasibility research report should attached with water administrative competent sector of review views; units should in construction project for preliminary design Shi, to water administrative competent sector proposed occupied waters of application; (ii) implemented approved business of enterprise investment construction project, units should in to investment competent sector proposed application report Shi,
    Take up waters of application to water conservancy administrative departments; (iii) the filing system of enterprise investment projects, the construction unit shall apply land from the former application to take up water to the water conservancy Administrative Department.
    Article 17th construction project takes up waters, should provide the following materials: (a) construction project takes up waters, alternative project or function remedial measures to be taken by programme, (ii) relates to occupy flood, drainage, water supply, irrigation, navigation and other waters, have a greater impact on water features, occupying waters impact assessment report should be provided.
    Have the right of approval of the water conservancy administrative departments shall accept the application or upon receipt of the preliminary review opinions in the 15th, to occupy waters impact assessment expert review. Article 18th water conservancy administrative departments to review applications for construction projects occupied waters shall comply with the following requirements:

    (A) accepted application of water administrative competent sector should in accepted application of day up 7th within Organization for site reconnaissance; (ii) is responsible for trial of water administrative competent sector should in accepted application of day up 20th within proposed trial views, and reported has approval right of water administrative competent sector review or approved; (three) has approved right of water administrative competent sector should in accepted application or received trial views of day up 20th within made whether be approved of decided; does to in provides term within made decided of,
    Approved by the Department head, extension of the 10th, and should be informed of the extension and the reasons for the applicant.
    In accordance with this regulation waters applications used by the construction project approved by the provincial people's Government on the approval procedure in accordance with the preceding paragraph (c) shall apply.
    19th construction project of water conservancy administrative departments to occupy waters reviews, hearing shall be organized according to law, hearing the views of interested parties and the public, justify and feasibility. 20th building across the river levee, the River, the river wear, wear bridges, docks, roads, ferries, pipelines, cable, water, sewerage and other engineering facilities shall comply with flood control standards and shoreline planning and other technical standards and take appropriate remedial measures, and shall not endanger the safety of levees, affecting the stability of river, impeding flood flow.
    Occupied channel and shall comply with the provisions of the relevant laws, rules and regulations on channel.
    21st construction units to build alternative water project or function remedial measures taken, should meet with the approval of programmes. 22nd construction projects temporary occupation of waters, waters of water conservancy administrative departments should be a temporary occupation undertaking and agreed by the water conservancy Administrative Department.
    Temporary occupation water undertaking shall specify the occupation period, scope, purpose, method, recovery measures and their costs, and so on. Temporary occupation of water shall not exceed a period of two years is absolutely necessary to continue to occupy the expiry, shall, before the expiry of the 30th water conservancy administrative departments to apply for renewal.
    Temporary occupation of waters allow only extended once, extension of no more than one year.
    After the expiry of the temporary occupation of waters, waters of the unit or individual must restore the status quo ante. 23rd alternative water engineering and functional remedies should be acceptance by the water conservancy Administrative Department.
    Units should be within the final acceptance after the 15th, submission to Department of water administration on alternative water engineering and remedial measure drawings and other files and data.
    Article 24th occupied waters waters of compensation must be used for the construction of alternative projects or function remedial measures taken shall not be diverted to any other use. Consume water compensation included in the financial account, the two lines of income and expenditure management.
    Auditing departments should strengthen audit and supervision. 25th construction project of water conservancy administrative departments should strengthen the supervision and inspection of occupied area.
    When conducting supervision and inspection, and the right to censor truthfully provide relevant information and materials. Construction of water conservancy administrative departments found that unit or individual may, without the approval or requirements that are not in accordance with the approved use of waters, to be ordered to stop construction, rectify; refused to stop construction or it fails, by the water conservancy administrative departments at and above the county level shall directly approved by the competent head of, temporary suspension of construction tools and equipment.
    Withholding period shall not exceed 15th major complex on the merits, approved by the water conservancy administrative departments at and above the county level principals, suspension can be extended to 15th.
    Article 26th on the fourth chapter of legal responsibility for violations of these rules of behavior, People's Republic of China Law on flood control, the People's Republic of China water and the People's Republic of China River has been administrative penalty provisions of the regulations, in accordance with its provisions.
    27th without approval, occupying the waters, by the water conservancy administrative departments be ordered to desist from the illegal act, rectify; it fails, by the water conservancy administrative departments on behalf of restitution, the costs borne by the occupier and to a fine of between 50,000 yuan and 10,000 yuan.
    Requirements that are not in accordance with the approved use of waters, by the water conservancy administrative departments be ordered to rectify, and to a fine of up to 10,000 yuan and 30,000 yuan.
    28th article does not require them to build alternative water project or function remedial measures taken, by the water conservancy administrative departments be ordered to rectify; fails to make corrections, replaced by the water conservancy administrative departments on behalf of the construction project or function remedial measures taken, the cost borne by the occupier and to a fine of up to 5000 Yuan and 20,000 yuan. Article 29th without approval, temporary occupation of waters without permission, or after expiry of the temporary occupation of water does not restore the waters intact, by the water conservancy administrative departments be ordered to rectify; it fails, to a fine of less than 2000 Yuan more than 5000 Yuan.
    Refusing to restore the waters intact, undisturbed by water Administrative Department and restoring waters, the cost borne by the occupier.
    30th article water administrative competent sector and about sector has following case one of of, by where sector or administrative monitored organ on directly competent personnel and other directly responsibility personnel give administrative sanctions or disciplinary; constitute crime of, law held criminal: (a) illegal approval construction project occupied waters of; (ii) alternative waters engineering or by take of function remedy measures not meet acceptance conditions and be acceptance qualified of; (three) false, and concealed, and refused reported waters statistics information and about data of;
    (D) does not perform its functions of supervision, and (v) other acts of dereliction of duty, abuse of power, favoritism.
                                            Fifth chapter supplementary articles article 31st these measures shall take effect on May 1, 2006.