Hunan Province Water Permits And Water Resources Fee Collection Management

Original Language Title: 湖南省取水许可和水资源费征收管理办法

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(April 8, 2003 4th meeting consideration of the people's Government of Hunan province on April 24, 2003, Hunan provincial people's Government announced 166th) article in accordance with the People's Republic of China water law, State of the water licensing regime implemented measures of Hunan province, and the implementation of People's Republic of China water law and other laws and regulations, combined with the facts of the province, these measures are formulated. Second water Administrative Department of the people's Governments above the county level shall be responsible for the administrative area for water licensing system and the Organization and implementation of the system of paid use of water resources.
    Other relevant departments under the responsibility to complete the work.
    Article uses engineering or mechanical water facilities water directly from rivers, lakes or underground water units and individuals, apart from the provisions of this article fourth case, shall, in accordance with the national provisions of the water licensing system, to the Department of water administration applications for water licences, access to water rights.
    Fourth article following case not need application received take water license: (a) family life, and animal drinking or other few take water of; (ii) agricultural irrigation, and aquatic farming take water of; (three) guarantee mine, underground engineering construction security and production security must take water of; (four) defense or elimination on public security or public interests of against must take water of.
    However, the maximum water intake more than 10 cubic meters per second of agricultural irrigation projects, the maximum quantity of water or other underground projects in more than 5000 cubic metres per day of mine, the construction unit shall make water resources argumentation for construction projects and water conservancy administrative departments review report submitted to the provincial people's Government. Fifth water permit application in accordance with the following classification approval: (a) take over 80000 cubic metres of surface water, we've taken more than 5000 cubic meters of groundwater projects and 25,000-kilowatt per cent of total installed capacity of hydro-electric power enterprise's water license application, approval by the provincial water conservancy administrative departments; (b) that take more than 30000 cubic meters less than 80000 cubic metres of surface water, Japan takes more than 3000 cubic meters of underground water of less than 5000 cubic metres of projects and the total installed capacity of more than 10,000-kilowatt less than 25,000-kilowatt of hydro-electric power enterprise's water license application, approved by the municipal people's Government of the State water administration departments; (iii) take less than 30000 cubic metres of surface water, we've taken less than 3000 cubic meters of groundwater projects and the total installed capacity of less than 10,000-kilowatt of hydro-electric power enterprise's water license application, the County (city,
    District) people's Government approval of the water conservancy Administrative Department.
    Sixth water license application approvals and water licensing procedures in accordance with the relevant provisions of the State.
    Article seventh water permit holders (hereinafter referred to as the holder) should be in accordance with the water licence approved by time, place, method, water-water.
    Article eighth system of paid use of water resources.
    Besides power generation enterprises paid in accordance with the standards prescribed by the electricity and water fees, other holders in accordance with the standards prescribed by the water and pay a fee for water resources. Other than hydroelectric enterprises that the holder shall install quality water metering facilities measure the quantity of water.
    Not qualified water metering device installations, in accordance with the water intake design maximum water capacity or water intake equipment rated flow wide run calculation of quantity of water.
    Nineth provincial economic departments identified poor enterprises, by the provincial people's Government, sustained water resources fee.
    Article tenth of water resources fee collection standards, drawn up by the provincial prices, the financial sector, submitted to the provincial people's Government announced after the execution.
    11th water resources fee in accordance with the article fifth is imposed by the provisions of division level, classification by the water conservancy administrative departments responsible for implementation.
    Superior water conservancy administrative departments can be commissioned by the level of water resources fee levy is imposed by the water conservancy administrative departments at lower levels.
    City, State, County (city, district) with a hand over charge 10% provinces to coordinate the use of water resources. 12th holders approved by the water conservancy administrative departments should be scientific and reasonable water.
    Holders within the approved water intake of water, pay the water resource fee according to the prescribed standards; over the approved water intake, paid 1.5 times the water resource fee according to the prescribed standards.
    Licensee shall faithfully taking water to the water conservancy administrative departments to provide information.
    Apart from the provisions of this article fourth does not need to apply for a license for water outside, without a water permit to take water, according to water resources in water 3 times to pay fees. 13th water conservancy administrative departments shall be served on the holder of the Hunan provincial water resources fee payment notice.
    Permittee shall, in accordance with the notice provisions of the term and payment amount to the banks will pay a fee for water resources.
    After the collecting bank receives water resources fees shall be in accordance with the provisions of the present article 11th respectively directly over to the provincial, city and County (city, district) the State Treasury.
    14th article water resources fee belongs to financial budget income, earmarks for following matters: (a) adjustable water (containing artificial increased rain), and water engineering, focus water facilities construction; (ii) water resources integrated study, and survey evaluation, and monitoring, and planning; (three) save water technology research, and promotion and the water project subsidies; (four) water resources protection, and management and the award,.
    People's Governments above the county-level fiscal, price and audit departments shall, in accordance with their respective responsibilities, to strengthen oversight of fee collection, management and use of water resources.
    15th article in the protection and management of water resources, water, water conservation units and individuals that have achieved outstanding successes in work, by the Department of water administration under the people's Governments at or above the county level shall give commendations and awards.
    16th in violation of license for water drawing system and the system of paid use of water resources, in accordance with the People's Republic of China water law, the State Council of the measures for the implementation of the water licensing system provides for penalties.
    17th article water administrative competent sector violation this approach provides, has following behavior one of of, ordered corrected, and on directly is responsible for of competent personnel and directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) in take water license application approval, and take water license issued, and take water approved, and water resources fee calculation in the negligence, and engages in, and fraud or abuse of; (ii) should levy and not levy or not full levy water resources fee of;
    (C) retention of water resources fee collection; (d) corruption, diversion of water resources fee.
                          18th article of the rules take effect on July 1, 2003.