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People's Republic Of China Waterway Regulation

Original Language Title: 中华人民共和国航道管理条例

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  People's Republic of China promulgated by Decree No. 545, announced the State Council on changes of People's Republic of China decided to channel management regulations, as of January 1, 2009.

Premier Wen Jiabao on December 27, 2008, the State Council on amending the People's Republic of China waterway regulation decisions decisions of the State Council of the People's Republic of China waterway Management Ordinance to amend as follows: first, the deletion of article 24th. Bis, the 25th as the 24th, is revised as follows: "State-approved levy port charges and coastal and inland river port, access channel maintenance costs from port charges and expenses. "Third, the 26th as the 25th, is revised as follows:" special channel for maintenance costs, by the private sector on its own. "Four, as the 26th article of the 27th article, amended to read:" for waterway maintenance costs allocated by the Central Government, local government, must adhere to the principle of earmarking.

"In addition, other provisions in the order adjusted accordingly.

This decision shall enter into force on January 1, 2009.

People's Republic of China waterway regulation amended accordingly in accordance with this decision, republished.

People's Republic of China waterway Administration (August 22, 1987 issued by the State Council on December 27, 2008, the State Council on changes of People's Republic of China decided to channel management regulations amended) Chapter I General provisions article to enhance channel management, improving navigation conditions, guaranteeing unimpeded passage and the safety of navigation, fully play the role of water transport in the national economy and national defense construction, regulations are formulated.

Article II of this Ordinance shall apply to People's Republic of China coastal and inland waterways, waterway and navigation-related facilities.

Third countries to encourage and protect the balanced and comprehensive utilization of water resources under the principle, and waterways, the development of water transport.

Fourth People's Republic of China Director of traffic, the national waterways.

Fifth course is divided into State waterways, local channel and a dedicated channel.

Sixth national channel and waterway facilities by sea and inland waterways, authorized by the Ministry or the Ministry of provinces, autonomous regions and municipalities directly under the management of the transportation departments.

Local channel and waterway facilities by provinces, autonomous regions and municipalities directly under the management of the transportation departments.

Special Channel and waterway facilities managed by the private sector.

Boat building on the national channel and local channel, is administered by the State Council.

Of waterway chapter II the planning and construction of the seventh route development plans should be based on the principle of an integrated and comprehensive utilization of, combined with the construction of water conservancy and hydropower, urban as well as railways, highways, waterways development plan and approved by the national integrated water resources planning.

The eighth national waterways development plan prepared by the Ministry, reported to the State Council for examination and approval before implementation.

Local waterways development plan prepared by the transportation departments of the provinces, autonomous regions and municipalities directly under the, examined and approved by the people's Governments of provinces, autonomous regions and municipalities implemented and reported to Department of transportation records.

Across provinces, autonomous regions and municipalities directly under the local waterways development plan by the relevant provinces, autonomous regions and municipalities jointly formulated by the Transportation Department, joint reviews of relevant provinces, autonomous regions and municipalities for approval and reported to Ministry of communications filing necessary traffic times review for approval.

Dedicated channel development planning by the dedicated channel management in conjunction with the competent departments of communications, people's Governments at the same level for approval.

Nineth levels of water conservancy and electric power authorities to prepare River basin planning and shipping-related planning and the design of water conservancy and hydropower engineering and transportation departments at the same level must attend.

Transportation departments at all levels to prepare Canalization of rivers and artificial Canal waterways development relating to the Water Conservancy and hydropower planning and design, must have a competent Department of water and power at the same level to participate.

Transportation departments of the competent Department of water and power at all levels, preparation of the plan, involving delivery of wood River and important fishing waters, must be with the participation of forestry, fishery departments at the same level. Tenth fairways should define the technology. Channel technical grade Division by provinces, autonomous regions and municipalities directly under the Transportation Department or Ministry of presence of water management programme under Navigation standard.

One to four channel by the Ministry, in conjunction with the Ministry of water resources and other relevant departments to ensure ratification and submitted to the State Council for the record; four-level channel, approved by the Governments of provinces, autonomous regions and municipalities directly under the MOTC record. Article 11th channel and its facilities, must comply with the provisions of the national infrastructure program.

After acceptance, the project is completed, will be able to deliver.

Article 12th fairway and its facilities should not endanger the cross-river hydroelectric projects, security of buildings and other facilities.

Construction of waterways and facilities damaged water conservancy and hydropower projects, across the River to buildings and other facilities, the construction unit shall pay compensation or repair.

Strategies for road construction on waterways, flood safety requirements must be met. Chapter III protection of waterways and 13th fairways waterway facilities are protected by the State, any entity or individual may seize or damage.

Transportation departments should strengthen the maintenance of waterways and ensure unimpeded passage.

14th building and navigation related facilities or River diversion irrigation, navigation standard must comply with the national requirements and technical requirements, and should first seek the views of the Transportation Department.

Violation of the provisions of the preceding paragraph, interruption or deterioration of navigation conditions, by construction units or individuals compensate for losses and restore navigation within the prescribed period. 15th building permanent sluice dams in navigable rivers, the construction units must be in accordance with the design and construction plan, and construction of appropriate size of boat building, wood, fish, and resolved on the navigation of ships and rafts during the construction period.

Ship, wood, fish building construction costs, borne by the employer. No navigable rivers or artificial channel after the construction of dams on navigable, the construction unit shall at the same time building the appropriate size of boat building; cannot build, should be reserved for construction of ship building location.

  Ship building construction costs, unless otherwise provided by the State shall be borne by the transport sector.

Boats, wood, fish design specifications, design documents and construction of the building programme, must obtain a transportation, forestry, Fisheries Department agreed. 16th due to the drought emergency needs, build temporary dams on navigable rivers, must be approved by the people's Governments above the county level.

Drought termination unit must promptly dismantle dams built dams and restore navigation conditions.

17th on the obstruction of navigable rivers dams, bridges and other structures and buildings caused by siltation, the local people's Government "who caused obstruction who resumed operations" principle, obliging authorities rebuild navigation buildings or within a supplement built a boat building, wood, fish, clear silt resumes operation. 18th navigable river or upstream control or water build water conservancy project, the construction unit shall ensure that the navigable waterways and locks need traffic.

In exceptional circumstances, due to the control of the water, or when large amounts of water affect navigation, the construction unit shall take the appropriate measures, the local people's Governments shall organize relevant departments of rational allocation of water. 19th hydraulic engineering facilities management Department dispatch program when it comes to navigation flow, water level and the safety of navigation shall be prior consultation with the Transportation Department.

Consultation is inconsistent, decided by the people's Governments above the county level.

20th when flood control, drainage, drought-resistant, multipurpose buildings should be subject to the flood control and drought relief commanding the ship agency arrangement.

21st coastal and navigable rivers, on set of navigational signs must conform to the State standards.

In the coastal and navigable rivers set private flag must be agreed by the Transportation Department on set fishing standard and military standard, must be reported to the Transportation Department records.

22nd is forbidden to River dumping of sand and dirt and debris.

In digging sand soil of the navigable river, Stockpiling materials may not deteriorate the navigation conditions.

23rd in the fairway after the completion of the construction works, the construction unit shall promptly remove remnants.

Fourth chapter 24th waterway conservation funding approved by the State levy port charges and coastal and inland river port, access channel maintenance costs from port charges and expenses.

25th special waterway maintenance costs, by the private sector on its own.

26th for waterway maintenance costs allocated by the Central Government, local government, must adhere to the principle of earmarking.

27th fifth chapter penalties for violations of the provisions of this Ordinance and individuals above the county level, depending on the seriousness of the transportation departments to give warning, fines, penalties. 28th transportation departments of the party who refuses to accept the penalty, you can complain to the parent Transportation Department; disposition of the transportation departments of the parent, May 15th from the date of receipt of the written decision to the people's Court.

Fails to bring or carry out, the Transportation Department may request the people's Court for compulsory execution.

29th in violation of the provisions of this Ordinance shall be subject to administrative penalties for public security, dealt with by the public security organs constitutes a crime, shall be investigated for criminal responsibility by judicial organs.

The sixth chapter supplementary articles article 30th following the definitions of the terms in these rules is: "waterway" means the People's Republic of China coastal, River, Lake, Canal, ships and rafts in navigable waters.

"State route" means: (a) the national waterway network, navigable for ships of more than 500-ton River mainstream waterway, (ii) across provinces, autonomous regions and municipalities, the perennial River mainstream waterway of the traffic more than a 300-ton craft; (c) mainstream waterway along the coast and major fairways; (d) the State-designated important shipping lanes.

"Special Channel" refers to military, water conservancy, electric power, forestry, aquaculture and other sectors and other enterprises and institutions in their own building, the use of waterways.

"Local channel" is a national channel and a dedicated channel other than channel.

"Waterway facilities" refers to the navigational waterway navigation facilities, renovation of buildings, a cascade of shipping, ship building (including locks dams) and other waterway engineering facilities.

"Navigation-related facilities" refers to the channel of navigation conditions have affected dams, bridges, docks, overhead wires, underwater cables, pipelines and other river, across the River, Riverside buildings and other engineering facilities. The 31st article of the Ordinance shall be interpreted by the Ministry.

Develop detailed rules for the implementation of the Ministry of communications to be made under this Ordinance. 32nd article this Ordinance shall take effect on October 1, 1987.