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Administrative Measures On Hubei Province Port

Original Language Title: 湖北省港口管理办法

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(Conducted from 1 May 2006) at the ordinary meeting of the Government of the Northern Province of Lake Tan, held on 20 March 2006

Chapter I General
Article I, in order to strengthen port management, maintain port safety and operational order and promote the development of port construction and water delivery in the province, develops this approach in line with the People's Republic of China Port Act and other laws, regulations.
Article 2 applies to ports planning, construction, maintenance, operation, management and other related activities within the territorial administration.
Article 3. The provincial transport authorities are responsible for the management of ports throughout the province.
The port administration sector, established by the city, the people of the district, is implemented specifically for the administration of ports in the region.
In accordance with their respective responsibilities, the relevant sectors of the population at the district level are working with the port administration.
Chapter II
Article IV
Article 5 All provincial ports are planned for approval and publication by the Provincial People's Government to seek advice from the Department's transport authorities.
The authorities of the Ministry of Transport of the State Department of State, with the approval of the Government of the people at this level, prepare overall port planning for the inclusion of the directory of the main ports of the country, which is reported to the State Department's transport authorities.
The overall planning of key ports identified by the Provincial People's Government has been developed in the relevant municipalities, the district port administration sector is reported to the provincial port administration, with the consent of the Government. The provincial port administration has sought advice from the relevant departments of the provincial government and has made observations in the sector. The provincial people's Government has approved and published implementation after seeking advice from the State Department's transport authorities.
The overall planning of ports other than the provisions of the preceding paragraphs is developed and consulted by the port administration sector at the ports' sites, with the approval of the Government of the current people, and submitted to the Provincial Government.
Article 7. More than the port administration sector at the port location should be structured in accordance with port planning, to develop a regional boundary programme for ports and to report to the Government of the people at this level for approval. The regional boundaries of the ports are established or authorized by the approval authority to delineate the port administration.
Article 8. Construction of port facilities in the area of port planning shall apply to the port administration sector (State) at the port location, and the port administration sector is reported to the provincial port administration after consulting the relevant sector. The provincial port administration has assessed the reasonableness of using the port shoreline. With regard to the use of deep sealines in ports, the provincial port administration authorities, after seeking the advice of the Provincial Committee for Development and Reform, are reported to the Department's transport authorities; approval of the use of the non-water shoreline of ports, was approved by the provincial port administration authorities for the advice of the Provincial Development and Reform Commission.
The occupation of ports by non-port facilities must be in line with the overall port planning.
Article 9. Candidates using a non-green water line in ports must submit the following materials:
(i) The use of applications on the port shoreline;
(ii) The identification of legal persons and legal representatives;
(iii) A map of the terrain of one to two thousand ktonnes of the relevant port shores, which is validated by the statutory body;
(iv) Other relevant documents communicated by the port administration sector.
In addition to the submission of the above-mentioned materials, a project feasibility study or project application report should be submitted.
Article 10. The licensor's port shoreline has not been developed and used for approval in two years, and the provincial port administration has cancelled its non- deepwater shoreline licence; the write-off of the deepwater shoreline is governed by the relevant national provisions.
Any change in the use or scope of the port's non- deep-water shoreline must be made to modify the licence of the port shoreline; the termination of the port's non-greenwater shoreline and the need to write off the port shore. Changes in the use or scope of deep-water shoreline at ports, as well as the end of the use of deep-water shoreline at ports, are governed by relevant national provisions.
Article 11 requires the temporary use of the port shoreline to apply to the port administration sector (State) at the port location, with the approval of the provincial port administration, following a review of the observations. The provincial port administration authorities should seek the views of the relevant departments of the provincial government before approval. The relevant departments of the provincial government are required to make observations within fifteen days of receipt of the solicitation material; the provincial port administration is subject to a decision to be approved within fifteen days of receipt of sectoral observations. The reasons for the applicant should not be met within the time specified above.
A permanent port facility cannot be constructed on the temporary port shoreline.
When port construction is required to use the shoreline approved for temporary use, the temporary use of the shoreline must be withdrawn at a time limit.
Article 12. Terms of use of the port line shall not exceed 50 years. The time limit for the use of the port line has expired, and the owner of the shoreline will need to continue to use, and the licence procedure for the continuation of the use shall be governed by law by the expiry of the period of 30 years.
The duration of the temporary use of the port shoreline is not more than one year, and after the expiration of the deadline, the temporary shoreline users will need to continue to use, and temporary licence procedures for the continuation of the use should be handled by the end of the period of 30 years.
Chapter III
Article 13
Article 14. The construction of port facilities shall be governed by the relevant national regulations and in accordance with national standards and technical norms. Among them, the construction projects that do not use government investment are subject to approval by the State concerned.
Article 15. The port construction project uses a form of agreement that allows the payment of land by agreement to the minimum price criteria for the State's land use rights.
Article 16 provides for the construction and maintenance of infrastructures such as water, electricity, access roads, airways, footage and sludges, and should be integrated into urban public infrastructure planning, construction and maintenance of funds, and included in the Government's financial budget.
Article 17 Encouraging, supporting civilian capital, foreign investment in construction of port facilities, and encouraging the delivery of public services to society at least.
Article 18 The construction and use of ports should be in line with the standards of flood prevention and should not jeopardize the safety of the clock, affect the stability of the river and impede access to the land.
Chapter IV
Article 19 The port administration sector should strengthen oversight inspections of port safety production operations, stop and detect dangerous port safety, and strengthen the maintenance of public transport infrastructure and maintain good technical conditions.
Article 20 prohibits the excavation of sands, cement, dumping of waste and toxic substances in the port area, the establishment of fishing blocks, the conduct of breeding, planting activities and other activities that endanger port safety.
The administrative licensor shall seek the views of the port administration authorities in advance of the operational mark of non-port shipping, such as photosets, advertisements.
Article 21 Operators should report the port administration sector to the extent that vessels are expected to enter and exit ports, the slander plan, cargo delivery and inspection in the port administration sector.
Section II, new construction, alteration, expansion and technology rehabilitation projects in ports should conduct pre-safe evaluation, safety test evaluation of port construction projects, and port production units should conduct security status evaluation and dedicated safety evaluations.
Legislation, regulations, regulations and regulations regulate the management of new construction, alteration, expansion and technology rehabilitation projects at ports.
Article 23, the port administration sector should delineate the parking, anchoring and adapt to the circumstances.
Article 24 imposes on the port area the obligation of the owner to rescind the land. The port administration authorities have the right to take measures to prevent the removal of the goods and to bear the expenses of the owner.
Chapter V
Article 25. In the municipality of the establishment area, the applicant shall submit a written application to the port administration sector of the city (the State) for a licence or non-licensment decision by the port administration sector of the city (the State) for the operation of the port, and the applicant shall submit a written request to the district (commune) port administration sector, with the approval of the port administration sector of the district (commune), a licence or licence decision taken by the port administration sector.
In the case of a sole-source enterprise, a medium-sized joint venture, a medium-sized cooperative enterprise engaged in port operations, international container loading operations and a port vehicle rolling operation, written requests should be made to the port city (State) port administration sector, with the approval of the provincial port administration sector, following the clearance of the port administration sector.
The port operator, through the Port Licence, is in the process of business registration by the business administration.
Article 26 The port operator shall report to the port administration in conjunction with the loading contract. In the case of security concealment, endangering the safety of ports or ships, the port administration should be responsible for the operator's efforts to improve the loading programme and to eliminate the concealment.
The port operator shall not provide loading services for vessels that do not have operational qualifications and operate over scope.
Article 27 port operators engaged in hazardous cargo port operations should be determined by the quality of the port operation of dangerous goods to the urban (State) port administration, as stipulated in the Regulation on the Management of Dangerous Goods. Failure to obtain confirmation of the operation of dangerous cargo ports shall not engage in dangerous port operations.
Article 28 operators should provide statistical information to the port administration, as required, and the port administration should conservative commercial secrets for port operators.
Article 29 should give priority to the organization of operations for the seizure of disaster relief and defence-building of urgently needed supplies.
In cases where passengers remain, the backlog of goods blocks the port, the port administration sector should take effective measures in a timely manner to evacuate the port; the city of the port location, and the people of the counties, where necessary, may take immediate measures to evacuate the port.
The port administration should conduct regular inspections of the operation of the port operator within the jurisdiction.
Chapter VI
Article 31 port regulations are charged by the port administration at all levels. The types of port regulations, standards for collection and management are implemented in accordance with the relevant provisions of the State and the province.
Article 32 Obligations to pay port charges must be paid to the port administration in full and on time.
Decreation, exemption from port regulations must be approved by the Provincial Government.
The port administration does not allow for the improvement of the standards of fees or the repetitive charges, the payment of the obligationr has the right to refuse payment of the irregularities and to report violations.
Chapter VII Legal responsibility
Article 33
In violation of article 8, paragraph 2, 21, and article 26 of this approach, the port administration is responsible for the conversion of its duration to the time limit, which is not later rectified, by warnings from the port administration sector and fines of up to three thousand dollars.
Article 33 XV did not pay the port fee at the prescribed time period, the port administration, in addition to the payment of the time limit, pays a lag of 3 per 1,000 per 1,000 per 1,000 per 1,000 per 1,000 per day, with the intention to default or resist the payment of port charges, with the addition of the payment of the lag, with a fine of two to five times the arrears or the payment of the payment.
Article 36, in violation of this approach by port managers, toys negligence, abuse of authority, provocative fraud, is subject to administrative disposition by their units or superior authorities. This constitutes an offence and is criminalized by the judiciary.
Chapter VIII
The management of fishing ports throughout the province is carried out in accordance with the relevant provisions of the State and the province.
Article 38 of this approach was implemented effective 1 May 2006. The Northern Lakes Port Management Approach, issued on 20 April 1995, was also repealed.