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Benxi Urban Underground Space Development And Utilization Management Provisions

Original Language Title: 本溪市城市地下空间开发利用管理规定

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(Act No. 97 of the People's Government Order No. 10 October 2002)

Chapter I General
Article 1 provides for the rational development of space resources in urban areas, adaptation to urban modernization and sustainable development needs, strengthening the unified management of the use of space development in urban areas, in accordance with the provisions of the National People's Republic of China's Urban Planning Act, the People's Defence Force Law of the People's Republic of China, and the development of this provision in the light of the actual requirements of my city.
Article II requires units and individuals that prepare space use planning, development of underground spaces within the framework of the city planning area.
Article III refers to the space referred to in this provision to the space set out in the local table below in the urban planning area, including protected spaces in places where protection is available at the time of war and in which protection capacity is not available.
The use of space development under this provision refers to construction or construction of buildings or constructions under the surface (with half-ground) to arrange projects such as air defence facilities and urban production, life and disaster prevention.
Article IV builds administrative authorities responsible for the management of space planning and development throughout the city.
The City People's air defence authorities are involved in the management of the entire local space planning and development and are responsible for the planning, approval, construction and use of protected spaces; and will be responsible for the design review, quality of the work and the completion of the construction of projects with the relevant sectors.
Article 5
The 6th Civil Defence and Air Engineering Project (including the accompanying facilities and subsidiary works) is a defence engineering and social public good construction project that enjoys preferential policies in accordance with the relevant national provisions.
Social groups, businesses, business units and individuals are encouraged to invest in the development of infrastructures for the use of people's air defence equipment and to grant preferential policies; encourage foreign-farmer investment to build, rehabilitate people's air defence works, and provide the corresponding tax incentives in accordance with national tax laws, regulations and regulations.
Chapter II
Article 7. Planning for the development of space in urban areas is an important part of the overall urban planning and is based on the provisions of the People's Republic of China Urban Planning Act. In organizing the overall urban planning process, the planning of the use of space is based on the needs of urban development. Changes in the planning of the use of space in urban areas are subject to approval by the original approval authority.
The development of the planning for the development of space in the urban area shall be undertaken by the planning design units with corresponding qualifications and the relevant sectors.
Planning for the development of space in urban areas should be based on the planning design conditions provided by the municipal authorities and the people's air defence authorities, and with the consent of the city's executive authorities and the people's air defence authorities, the Government of the city has reviewed the approval and implementation of the post-part of approval by the Government.
Article 9. Planning for the development of space exploitation in the urban area shall be subject to the following provisions:
(i) To protect and improve the ecological environment, urban landscapes, existing facilities and natural resources, to uphold the principles of geospatial, remote integration, comprehensive planning and scaling-up implementation, and to adapt space development to the level of economic development in the region.
(ii) To ensure the rationality and advancedness of planning, in line with local practical development of viable indicators systems.
(iii) Contraints and the development of a complete network system. The development of the sub-stopics, the interconnection of horizontal-related spaces, the coordination of ground buildings and underground works.
Article 10
(i) The status of space exploitation planning under the ground (including geological formations, natural conditions and local facilities, etc.).
(ii) An analysis of subsectors of space functions, development forecasts, development strategies, and development levels.
(iii) Planning for the structure, size, buoyage and underground life line works in the area of protection of space engineering facilities.
(iv) Planning and construction of key urban infrastructure and commercial facilities.
(v) Control requirements for the development of space under small or single-constitutional buildings and the relationship of space planning.
(vi) Local transport systems and urban pipeline planning.
(vii) Integrated arrangements for the specific location of the main facility at the local level, the direction of the entrance, the high length of the different local paragraphs and the relationship between the facilities.
(viii) Planning in the course of space development.
(ix) Engineering and investment estimates for space development in the field.
(x) Guarantees implemented under space planning, etc.
The planning results for the use of space in the field include planning texts, planning maps and planning statements.
Article 11, when planning and planning in the urban subsectors, arrangements should be made for local space resources in accordance with the planning for the use of space in urban areas to determine the number and quantity of construction projects in protected or non-protected spaces arranged within the region.
Article 12. Urban development of small-scale public facilities and community service facilities should take full advantage of local or semi-territorial space.
Chapter III
The development of space under urban areas must be in line with the planning and detailed planning of space development in urban areas, subject to planning management.
Article 14. Construction projects may have implications for the development, use of protected spaces that have been constructed or planned for location, and the construction units should apply to the relevant sector for the construction of open-working procedures, with the consent of the municipal defence authorities.
Article 15. Large-scale construction in urban planning areas shall be carried out by the city-building administrative authorities to conduct a feasibility and design review with the city's people's air defence authorities, without the consent of the city's defence authorities to review and implement construction.
Article 16 provides for large-scale engineering projects such as the independent development of local transport, commerce, warehousing, communications, routing, human-protection facilities, and shall receive technical information on the approval of documentation and, in accordance with the relevant provisions of the National People's Republic of China Urban Planning Act, apply to the establishment of administrative authorities for the processing of candidates' views, the construction of land-use planning licences and construction planning permits.
The construction of new civilian buildings in urban areas should be constructed in accordance with national provisions, without compromising the construction of construction indicators, which are subject to approval by the competent national air defence authorities, such as size, hierarchy, nature of wartime use.
Upon completion of the work under the ground, the construction units shall submit to the City Archives for the completion of the works paper and information within six months of the completion of the inspection, as well as to the Islander defence authorities.
Survey designs under article 18 should meet, to the extent possible, requirements for the operation of the space environment, security and existing facilities and maintenance. The functionality of the underground works should be aligned with the design of the entrance. Survey designs for ground-based protection works must be in line with the People's tactical technical requirements.
Article 19 Construction units should be avoided by disrupting the normal transport and life order of the city, and the surface of damage caused by underground construction should be recovered in a timely manner.
Article 20 provides for PPs, pipelines, etc., where common conditions are available, and with the approval of the municipal executive authorities, shall be sufficient.
Article 21 requires changes in the nature, use or conduct of larger-scale changes in the original approval authority.
Chapter IV
Section II provides for the management of space engineering facilities in urban areas by the development of construction units or the use of units, as well as inspection by the municipal administration. Locally protected engineering facilities should be inspected by the urban people's air defence authorities.
The development of ground works in the context of the fighting is governed by the “use of evidence” system, which upholds the principle of remunerated use, co-location and allows construction units to operate on their investments or lease by law.
Article 24 provides for the use of underground works and the establishment of administrative authorities shall delineate the scope of security protection for the work under that area. Prohibitions are prohibited for the safe operation of the work under the trajectory, drilling, and distributing sites, etc.; the ban on the entry of any unit and person to occupy, block and destroy underground works; and the prohibition of movable gas, wastewater and dumping of garbage within and around the underground works.
Article 25 Construction units and use units are to be upgraded to the management and equipment of underground works in accordance with relevant national technical norms; to establish sound management archives and systems; to maintain maintenance, dressing in underground works without unauthorized change in the design of their engineering structure and to make changes to the design of the original structure, subject to the re-approval procedures of the former approving authority.
Article 26 Construction units and use units are required to establish a robust safety responsibility regime, take reliable measures to prevent contamination of fires, floods, explosions and habeas corpus, and, in the context of work carried out by personnel, may not store fuel, easily explosive and toxic items. Municipally-built administrative authorities and the urban people's defence authorities have the right to hold the use of units for the rehabilitation of the use of inappropriate or hidden underground works.
Article 27 works in the area of peace and security, and the use of units should guarantee the well-being of the various protection facilities and ensure that wartimes are rapidly operational and must be withdrawn unconditionally when required.
Chapter V Legal responsibility
Article 28 builds, construction units violates this provision and consists of one of the following acts:
(i) The unplanned space for protection, resulting in the inability to plan and the establishment of airfields in connection with civilian buildings, in addition to the cost of physical construction in the area to be constructed, and the implementation of the People's Air Law in the Republic of China in accordance with the Broaden Province. Article 21 of the approach punishes them;
(ii) The construction of ground-based protection works or the construction of construction in accordance with the quality standards and technical requirements established by the State are not carried out in accordance with article 64 of the Regulations on the Quality of Engineering.
Article 29 Territorial Protection Engineering Use Units are designed to change their structure, which is being restructured by the authorities of the city's defence and air conditioning, and in accordance with the Law on the Defence of the People of the People of the People of the People of the People of the People of the People of the People of the Republic of China. Article 22 (iii) of the methodology penalizes the use of units; losses caused by changes in the design of the structure to protected works or ground construction works are also subject to compensation for their losses.
Article 31 provides for penalties under article 22, subparagraphs (i), (iii), of the Modalities for the implementation of the People's Air Law of the People's Republic of China.
The violation of this provision relates to the competence of other administrations, which are punishable by law by the relevant authorities.
Article 32 does not determine administrative penalties and may apply to administrative review or administrative proceedings in accordance with the law.
Article 33 Territorial spatial planning, the development of the use of management staff to perform negligence, abuse of authority, provocative fraud are administratively disposed of by the unit or the superior sector, which constitutes a serious offence and is criminalized by law.
Annex VI
Article 34 of the present provision is implemented from the date of publication.