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Shandong Province Implemented The People's Republic Of China Approach To River Management Ordinance (As Amended In 2004)

Original Language Title: 山东省实施《中华人民共和国河道管理条例》办法(2004年修正本)

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(Act No. 19 of 28 June 1991 of the People's Government Order No. 19 of the Province of San Suu Kyi, which was first revised in accordance with Order No. 90 of 30 April 1998 of the People's Government of the Province of San Suu Kyi, 15 July 2004)

Chapter I General
In order to strengthen the management of the river, to guarantee the protection of the security of the flood and to fulfil the integrated benefits of the river lake, the approach is developed in the light of the River Management Regulations of the People's Republic of China (hereinafter referred to as the River Management Regulations).
Article 2 applies to rivers within the province's administrative region (including lakes, man-made waterways, flooding, flooding, rugged areas, riverwater works etc.).
In the river, the National People's Republic of China's Transport Regulations apply.
Article 3 is the competent organ of the province's water administration. The water administration authorities in the municipalities, districts (markets, districts) in each area are the authorities of the rivers in the administrative region.
Article IV, in accordance with the provisions of the Rivers Regulation, governs the principle of harmonization of management and sub-sector management in the rivers of the province.
(i) The Le River, the Zanzi River, the Tool River, the Kyi River, the Korean Canal and the Great Lakes, which are managed in collaboration with the State-mandated river basin management authorities.
(ii) The main rivers such as the Greater River, the Saraguay, the Oriental River, the Angelo River, the Mani River, the Negro New River, the Great rivers such as the Too River, the River, and the waters of the South Four lakes, sands, beachs, are governed by the river authorities of the province's river authorities or their mandated watershed management agencies. Major matters relating to planning, governance, preventing and jeopardizing and covering more than two districts should be reviewed by the competent authorities of the provincial rivers.
(iii) An important stream and medium-sized rivers in large rivers (communes, areas) are managed by the competent authorities of the municipality of the area or, in coordination with the organizations of the municipal river authorities in the area, by the authorities of the district (market, area).
(iv) Other rivers are managed by the authorities of the district (communes, districts) or are administered by the Government of the commune (communes), in coordination with the organization of the authorities of the communes (communes, districts).
Article 5 units should strengthen water pollution control and protect and improve the water quality of the river. Governments at all levels should strengthen monitoring and management of river water pollution, in accordance with the provisions of the Water Pollution Control Act.
Article 6, with the approval of the Provincial People's Government, can establish a public security presence and, if necessary, organize militia guards.
Article VII is responsible for the work of the Government.
Article 8. All units and individuals have the obligation to protect the safety and participation in the firefighting.
Chapter II
Article 9. Harmonization and construction of the river should be subject to integrated watershed planning, in line with national standards for the prevention of hunger, the standards of navigation and other relevant technical requirements, the maintenance of the safety of the berm, the preservation of the river's stability and the flow of roads.
Article 10 builds various works and inter rivers for the development of hydro, water control, and rivers, wearing the rivers, axes, roads, crossings, pipelines, cables, dams, pumps and other buildings and facilities that endanger the safety of the dams, and construction units must, in accordance with the river management authority, communicate the construction programme to the competent organ of the river to review their consent, carry out clearance procedures in accordance with basic construction procedures. After approval of construction projects, construction units should communicate construction arrangements to the authorities of the river.
The construction of the engineering facilities listed in the preceding paragraph on the impact of the river on the protection of flood safety should be systematically restructured; the severe impact on the protection of flood security should be dismantled. The management unit of the engineering facilities should take urgent measures to ensure safety and security in the aftermath of the lack of alteration and removal.
Article 11. The axes, chewings shall not be used as roads. There is a need to use the axes, chewings and roads, subject to approval by the authorities of the upper river. The management and maintenance of the berm and the topway is developed by the commercial transport sector of the river authorities.
Article 12 Towns, village construction and development shall not take the beach of the river. The threshold for urban, village planning is determined by the river authorities in conjunction with the relevant sectors such as town planning, according to the following criteria:
(i) There is room for fire protection, ranging from 30 to 100 metres outside the rubble;
(ii) The undesirable river, ranging from 50 to 150 metres outside the flood line or the shoreline;
(iii) The breadth of the river has been planned, ranging from 25 to 50 metres outside the planning of the berm.
In preparing and reviewing the construction planning of the river's towns and villages, the town planning authorities shall seek the views of the authorities of the river in advance of the management authority provided for in Article IV.
The city of the river is situated within five kilometres across the river's two shores, within three kilometres across the river area (markets, areas) and the rivers across the two shores of the river, without agreement by the parties concerned or approval by the competent river authorities, prohibiting the unilateral construction of drainage, water blocking, water fortification and river engineering.
Chapter III Protection of the River
Article XIV protects the rivers between the two shores, the sand, the beaches (including arable land), the flooding area, the two shores and the shores of 5 to 10 metres, and the management of the undesired river is based on the highest historical flooding or the design of flooding.
The specific scope of management of the river is to be determined by the local people's governments at the district level, in accordance with the terms of reference.
Article 15, in accordance with the important level of fire protection, the condition of the tambing, and with the approval of the Government of the people at the same level or at the grass-roots level, may delineate safe protected areas of 50 to 200 metres within the area of river management.
The land within the scope of Article 16's management is owned by the State and is managed by the river authorities. The arable land in the beach can also be used by the village's collective economic organization.
Article 17 contains more than 2 kg of fertile water for each cubic metre, without access to the river; it is the responsibility of the responsible person to clean down or assume the sludge.
Article 18 of this approach, article 14, article 15, article 16, other river protection matters other than Article 17, and the river artefacts, are implemented in accordance with the relevant provisions of chapter III, chapter IV of the River Regulation.
Chapter IV Funding
Article 19 Reimbursement of the river, in accordance with the principle of divisional management, is included in the annual budget of the same-level people's Government, in accordance with the principle of sub-sector management.
Article 20 provides for clear fire protection, sea ponds, escorts, water gates and drainage engineering facilities for the benefit of units such as business enterprises and farmers to collect maintenance fees for river works. The specific criteria for fees and the collection methodology were developed separately by the provincial Government.
Article 21, in the period of May, the Government of the people at the district level may organize units and personal obligations in towns and rural areas on both sides of the river, to maintain and construct the river's fire.
Article 2 quaters, bulldozers, within the framework of river management, must be made available to the competent river authorities, in accordance with the terms of reference, to receive a licence and to pay management fees to the competent or authorized river management units. The licensing scheme and the management fee-for-feasing criteria, the collection method is implemented in accordance with the application rules developed by the Ministry of Watercourse, the Ministry of Finance, the National Agency for Prices and the provincial water administration authorities, the financial sector, the price sector.
Article 23, any unit and individual, is responsible for repair or maintenance costs for the damage caused to the fire, the shore and other hydro-engineering facilities.
Article 24 Costs charged by the river authorities for the renovation of construction, management, maintenance and facilities of the river berm. The balance funds may be transferred from year to year and no sector shall be intercepted or diverted.
Chapter V
Article 25 does not obtain a licence to extract, extract and rush within the context of the management of the river, which is responsible by the competent organ of the veterior above for the cessation of the offence and for remedial measures that may and may warn, confiscated proceeds of the conflict and impose a fine equivalent to 2 times the proceeds of the violation.
In the absence of a range of and operational methods prescribed by the licensee, in the context of the management of the river, sand, grapplement, smugglers are charged by the authorities of the river over the district to correct violations, take remedial measures, and may warn, confiscate the proceeds of the violation and impose a fine equivalent to the proceeds of the violation.
Article 26 imposes fines in accordance with Article 44 of the Regulations on the Management of Rivers, and is implemented in accordance with the following provisions:
(i) With Article 44, paragraph 1, and fifth, of the River Regulations, a fine of 50 to 2000 was imposed on individuals; and a fine of between 1000 and 10,000 units.
(ii) In the case of Article 44, paragraphs 2, 3, 6 and 8 of the Rivers Regulation, fines are imposed on individuals for between 50 and 3000; and fines for units of between 1000 and 10,000.
(iii) Individuals are fined between 50 and 3000, without approval or in accordance with the provisions of the competent organ of the river to destroy sands or sludges within the framework of the management of the river, detonation, drilling, laying down fish ponds; and fines for units between 1000 and 10,000.
(iv) Device the garbage of the garbage, with a fine of three to five times the proceeds of the offence.
Article 27 imposes fines in accordance with Article 55 of the Rivers Regulation, which is implemented in accordance with the following provisions:
(i) There is a fine of $10 to $3000 for individuals, as set out in article 42, paragraphs 1, 2 and 2, of the river administration regulations, and a fine of between 1000 and 10,000 for units.
(ii) There are acts listed in Article 45, paragraph 3, of the Rivers Regulation and fines of US$ 100 to 2000.
Article 28, in violation of this approach, creates losses in the State, in the collective and individual economy, and the injured party may request the authorities of the rivers above at the district level to deal directly with the people's courts.
Article 29 Staff of the competent organ of the river, as well as those of the river, play a role, abuse of authority, provocative fraud, are administratively disposed of by the unit of the institution or by the superior authority; and criminal liability is brought to justice by law for significant loss of public property, State and people's interests.
Annex VI
Article 31, by management by the Waterli administrative authorities, applies the provisions of the River Management Regulations and this approach relating to the management of the berm.
Article 31 is implemented since the date of publication.