Implementing Rules For The Water Licensing System In Zhejiang Province

Original Language Title: 浙江省取水许可制度实施细则

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(October 28, 2005, Zhejiang Province people's Government announced order No. 202, come into force on the date of promulgation) first to strengthen water resources management, water conservation, promote rational development and utilization of water resources, according to the People's Republic of China water law and implementing approach of the water licensing system under the State Council (hereinafter referred to as the measures of the State Council), combined with the facts of the province, these rules are formulated.
    Article in the province directly from rivers, lakes and underground waters and water impoundment water shall be in accordance with the measures of the State Council and the provisions of this rule apply for license for water and water as required.
    Access to waterworks and other water supply project water, these rules do not apply.
    The third water conservancy administrative departments at and above the county level shall be responsible for the Organization of the water licensing system within the administrative area implementation and supervision.
    Fourth article following take water not needed handle take water license: (a) rural collective organization and members using this collective organization of time, and reservoir in the of water; (ii) family life and sporadic free-range, and captive animal drinking take with few surface water; (three) in urban and rural water tube network not cover of regional, for family life need take with groundwater; (four) legal, and regulations provides of other case.
    The water in the preceding paragraph, public water supply, environmental safety or infringes the legal rights of the water, the water conservancy administrative departments can limit their intake. Five new, renovation or expansion project, you need to apply or reapply for the license for water, the construction unit shall be in accordance with these measures 11th, 12th, 13th, the provisions of articles, water Licensing application to the water conservancy Administrative Department. Water licensing after the application is approved by the water conservancy administrative departments, applicants may construction of water works or facilities.
    Otherwise provided by laws and regulations, from its provisions.
    After completion of water works or facilities, the applicant shall submit to the water conservancy Administrative Department of water works or facilities completed the registration form, approved after verification, by the water conservancy administrative departments issued water permits.
    Sixth application for water approval shall submit the following materials: (a) water license application; (b) the water permit application on the basis of relevant documents and (iii) water applications and the third party has an interest, shall submit relevant documentation and (iv) other materials stipulated by the water conservancy Administrative Department under the State Council. Article seventh water licensing of third party interests may be involved, are received by the water conservancy administrative departments shall take license application within 7th day of announcement to the community. Of water application is uncontested by third parties, shall be announced in the 10th after notice to authorities.
    Where and how notice should be accessible to interested parties know.
    Article eighth province water conservancy administrative departments shall, in conjunction with the provincial Department of land and resources and construction administrative departments, according to the distribution and exploitation of underground water, delineation of groundwater overdraft and overdraft area. In the groundwater overdraft area, the people's Governments above the county level shall strictly control the development and utilization of groundwater. In the groundwater overdraft area prohibited exploitation of groundwater, broken deadline should be stopped.
    Specific deadline by the provincial Department of water administration in conjunction with the provincial land and resources department, in consultation with interested municipal and County (city, district) people's Government views presented and submitted to the provincial people's Government for approval.
    Nineth agricultural irrigation water by irrigation districts or villages applying for license for water. Article tenth water conservancy administrative departments shall accept an application for water licensing decision within 20 working days from the date of approval or disapproval. Approved, which should include issuing water permit application approval documents. Special circumstances, you cannot make a decision within 20 working days, shall be approved by the head of the administrative organ, and can be extended by 10 working days, and inform the water licensing applicants.
    Processing time limit otherwise provided by laws and regulations, from its provisions.
    Approval period specified in the preceding paragraph, not including the holding of hearings and consultation with interested departments or stakeholders views the time required.
    Water licensing applications for dispute, until the disputes are not resolved, water conservancy administrative departments concerned should be suspending water licensing applications.
    11th article following take water by province water administrative competent sector approval and issued take water license: (a) agricultural irrigation day take water in 100,000 cubic metres above, and tap water day take water in 50,000 cubic metres above and other day take water in 20,000 cubic metres above of surface take water; (ii) day take water in 5000 cubic metres above of underground take water; (three) in large reservoir in the of take water; (four) in groundwater Super mining district take with groundwater of; (five) hydro-electric power total installed 5,000-kilowatt above of take water.
    12th article following take water by set district of city water administrative competent sector approval and issued take water license: (a) agricultural irrigation day take water in 50,000 cubic metres above 100,000 cubic metres following, and tap water day take water in 20,000 cubic metres above 50,000 cubic metres following and other day take water in 10,000 cubic metres above 20,000 cubic metres following of surface take water; (ii) day take water in 1000 cubic metres above 5000 cubic metres following of underground take water;
    (C) in the waters designated by the Administrative Department of the municipality reaches or surface water in the region and (iv) in the medium reservoirs or water directly managed by the Administrative Department of the municipality of reservoir water; (e) hydropower water with total installed capacity of 1000-kilowatt more than 5,000-kilowatt.
    13th subject to this rule 11th, 12th water other than provided, location of the water intake of the County (city, district) Water Conservancy administrative departments approving and issuing water permits.
    14th on the boundary between the province of water or cross-regional water dispute, jointly by the water conservancy administrative departments for approval at a higher level and water licensing.
    15th units and individuals obtain a water permit shall be conducted according to take water permit to take water, as well as for rational water use, water conservation, prevention of water pollution, protecting water resources and required to pay water charges.
    16th water conservancy administrative departments at and above the county level in accordance with emergency plans, at the time of public emergency, you can water users water reduction or adjustment measures.
    17th units and individuals in accordance with the original water licensing approval authority agrees, you can water intake limits and water transfer within the validity of the remaining amount.
    Article 18th units and individuals obtain a water permit, should start at the beginning of each water intake water licenses issued prior to approval of the water conservancy administrative departments to submit this year's water plan, and submit water results in the first month of the next year. Units and individuals obtain a water permit, device trade settlement instruments of measurement, according to declare water report.
    Water Conservancy administrative departments check the water situation, inspected unit and individual shall provide water testing data and other relevant information.
    19th article has following case one of of, according to People's Republic of China water, and Zhejiang Province water resources management Ordinance for punishment: (a) not in provides term within device measurement trade settlement apparatus of; (ii) refused to provides take water determination data, about information or provides fake information of; (three) not in accordance with approved of take water license provides conditions take water of; (four) not get take water license unauthorized take water of.
    20th article has following case one of of, by County above water administrative competent sector ordered its deadline corrected, and can by following provides sentenced fine: (a) refused to implementation water administrative competent sector take of take water reduced or transfers emergency measures of, sentenced 1000 Yuan above 10,000 yuan following of fine; (ii) without original take water license approval organ agreed, unauthorized turned sale water resources of, sentenced 1000 Yuan above 5000 Yuan following of fine.
    Article 21st of unauthorized construction of water projects, by the water conservancy administrative departments ordered to stop construction, and water, and to a fine of less than 1000 Yuan and 10,000 yuan.
    22nd article violation this rules of provides, water administrative competent sector and staff, has following behavior one of of, by its superior administrative organ or monitored organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions: (a) on meet statutory conditions of take water license application not accepted or not in statutory term within approved of; (ii) on not meet statutory conditions of applicants issued take water license application approved file or issued take water license of;
    (C) the violation of license for water drawing permission issued by water licensing approval or issuance of the water licence and (iv) does not carry out its oversight responsibilities, finding violations is not investigated; (e) other acts of abuse of power, negligence, malpractice.
    23rd violates the rules of the water, causing obstruction or damage to others, shall stop the infringement, eliminate prejudice and compensation according to law. 24th article of the rules come into force on the date of promulgation.
                        August 18, 1995 published by the people's Government of Zhejiang Province water licensing system regulations (62nd, the provincial government) abrogated.