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Shanghai Municipal Water Licensing And Implementation Measures For The Management Of Water Resources Fee Collection

Original Language Title: 上海市取水许可和水资源费征收管理实施办法

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Modalities for the management of water licences and water resources charges in the sea City

(Adopted by the 29th ordinary meeting of the Municipal Government of 6 November 2013, No. 11 of the Supreme People's Government Order No. 11 of 3 December 2013, published as of 1 February 2014.

Chapter I General

Article 1

In order to strengthen water resources management and protection, to promote savings and the rational development of water resources, the development of this approach, in line with the Water Act of the People's Republic of China, the Water Consequences and Water Resources (hereinafter referred to as the Regulations).

Article 2 (Management)

The water administration sector (hereinafter referred to as “the water administration sector”) is responsible for the implementation and monitoring of the management of organizations that have access to the water licence system, in accordance with the delegated management authority.

The city's water, finance, development reform and price administrations are responsible for the collection, use and supervision of water resources costs, in accordance with the provisions and management authority of the scheme.

Article 3

The city has a total control over water access.

The city has established a system of overall water access control indicators, with actual access to water not exceeding the country's approved overall water control targets.

Chapter II

Article IV

The implementation of the water licence should first meet the living water of rural and urban residents and take into account the needs of agriculture, industry, ecological and environmental water and shipping.

The implementation of the water licence should insist on the integration of the overall water control and targeted management, insist on the integrated consideration of surface water with groundwater, strict control of access to groundwater and encourage the use of non-conventional water, such as seawater, rainwater.

Article 5

The municipal water administration sector should develop a medium- and long-term water allocation programme in conjunction with the urban development reform management sector, in line with the overall water access control targets in the city, in line with the five-year plan for the economic and social development of the city's national population, the medium- and long-term water supply planning for the present city, the city's water supply professional planning.

The municipal water administration sector should develop an annual water allocation programme for large enterprises (groups) and sectors (areas) in line with the medium- and long-term water consumption allocation programmes in large enterprises (groups) and districts (areas) in the context of forecasting surface water, groundwater changes and the economic and social development of the city.

The medium- and long-term total water distribution programme should be made public to society.

Article 6

The industrial water supply is determined by the municipal water administration department responsible for organizing or coordinating the relevant sectors and reporting to the municipal quality technical oversight administration.

The production of industrial water quotas should be fully informed of the views of relevant business and industry associations, and the hearings could be used for example.

The level of water use in the current city industry has not been developed, and can be implemented in the light of the industrial water availability established by the relevant industry authorities of the State.

Article 7

In addition to the conditions set out in Article 4, paragraph 1, of the Regulations, the units and individuals using water resources should apply for access to water licences.

Article 4, paragraph 1 (b), of the Regulations provides for a limited amount of water for family life and sporadic dispersion, sal livestock and poultry, which means that the maximum of 10 cubic metres for the day.

Article 8

Sub-prime approval is given to the water licence in this city.

The following applications for water licence are subject to approval by the municipal water administration, in addition to national provisions for approval by the watershed management body:

(i) An application for water-licensing applications for locally constructed projects approved, approved or submitted by national and municipal authorities;

(ii) On-the-ground water licence applications for water for more than 20,000 cubic metres (including 20,000 cubic metres);

(iii) Applications for water authorizations for groundwater.

In addition to the water licence application approved by the water management agencies and the municipal water administration sector, the water administration sector is responsible for approval.

Article 9

The unit or individual (hereinafter referred to as “the applicant”) shall, in accordance with article 8 of this approach, apply to the water administration sector with the authorization authority.

Access to water permits falls within the watershed management structure and the applicant shall apply to the municipal water administration.

Article 10

The following materials should be submitted to the following:

(i) Applications for water licence;

(ii) The applicant's legal status certificate;

(iii) Commitments or other documents favourable to third parties.

The construction project will require access to water, and the applicant shall also submit a report on the construction of the project water resource argument and its review observations; construction projects with less water and less impact on the neighbouring area may not be prepared for the construction of the project water resource argument report, but should submit a table for the construction of the project water resources sheets, specifically requiring separate provisions from the municipal water administration.

In accordance with the relevant provisions of this paragraph, construction projects within industrial areas that have been certified through the planning of water resources, the applicant does not need to submit a further paper or an indicative form for the construction of the project water resource argument.

Article 11

The water administration sector should review the requested materials, in accordance with the authorization authority, and consider the impact that water is likely to have on the conservation and economic and social development of water resources and decide whether to approve water applications.

The water administration sector should, within 35 working days of the date of receipt of the request for water, make a written decision for approval or approval.

The approval of the decision by the water administration sector should be based on the medium- and long-term total water allocation programmes and industrial water availability, with the approval of the applicant's water availability.

Article 12

The request for water was approved by the approving authority and the applicant could be able to build water engineering or facilities. The construction project does not have access to the water licence approval document and the project authorities shall not approve and approve the construction project.

Article 13

In three years after the approval of the water request, no construction of water works or facilities was initiated, or the construction projects approved were not approved and approved and the approval of the water licence approval document was not validated.

The construction units should re-establish the project water resource argument and reproduce water for increased water availability, changes in access to water locations and changes in water use.

Article 14

After taking water works or completing the facility, the applicant started to pilot the operation and should inform the water administration. The applicant shall, within 10 days of the probationary operation, submit to the Water Administration the material, such as water engineering or facility pilot operation, in accordance with the provisions, a field nuclear test of the water engineering or facility, within 20 working days of receipt of the submissions.

Article 15

Access to water works or facilities experience is qualified, and the water administration sector should receive a water licence within five working days.

Direct access to water for already existing water works or facilities is reviewed by the Approval Body for the acquisition of water permits for five working days from the date of the approval of the document.

The water administration sector should inform the nuclear release of the water licence.

Article 16

Water units and individuals who have access to water permits (hereinafter referred to as “takeholders”) should be designated to have access to water markers and maintain the good of the water-speaker.

The slogan was designed, produced and maintained by the Water Administration Department, with a specific approach provided by the municipal water administration.

Article 17

For a maximum period of up to 10 years, the effective period for access to water is generally not more than five years. The water administration sector may determine the duration of specific licences based on water use and actual needs.

Article 18

The effective expiry of the water licence will require the continuation of the application of the water-takeholder to the original approval authority by 45 years of the expiry of the effective period and the submission of the following requests:

(i) Continuation of applications for water licence;

(ii) raw water applications for approval and access to water licences.

The pre-approval bodies should conduct a comprehensive assessment of the quantity of water approved, the actual availability of water, the level of water and the condition of the water quality, and the average water levels in the water-dependent industries, and local water resource requirements. The assessment could entrust a qualified water resource argument body.

The pre-existing approval authority shall decide whether to approve the continuation until the date of the receipt of the water licence expires. In order to grant continuity, the pre-approval authority should reapprove the water use in accordance with the assessment results, the overall distribution of water for medium- and long-term water resources and industry water availability.

Article 19

During the period of effectiveness of access to water permits, a request for changes in the water licence provision shall be made to the original approval body in accordance with the provisions and to submit the following request material:

(i) Change of applications for access to water licence;

(ii) The applicant's legal status certificate;

(iii) Access to water licences;

(iv) Other material under article 10 of this approach.

The watertakers need to change their name (name), the legal representative, and to submit the material specified in paragraph (i), (ii) and (iii) of the previous paragraph.

The pre-approval body shall, within 20 working days of the date of receipt of the request, decide whether to agree on changes, review the consent and give a new water licence.

Article 20

Access to water under article 4, paragraph 1, subparagraph (c), subparagraph (iv), of the Regulations shall be made available for the water administration sector in areas where the water is removed or taken into the water gallery sites within 10 days.

Access to water under Article 4, paragraph 1, subparagraph (v), of the Regulations shall apply to the water administration sector in the area (area) where water is taken before the start of the water gallery, and the water administration sector shall take a decision on whether to agree on water within three working days of the date of receipt of the request; the decision of the overdue decision shall be considered to be agreed.

The water administration sector, which is a management authority of the watershed management structure, should be transferred to the watershed management structure within three working days from the date of receipt of the request.

Chapter III

Article 21

Watertakers should pay water resources. Watertakers should take water in accordance with approved annual water plans. The excess was planned to take water and the excess planned portion was charged with water resources.

Article 2 (Development and adaptation of water resource fees)

The city's water resource charges are charged by the municipal price administration sector with the city's fiscal, water administration sector, the approval of the city's Government and the presentation of the State Department's price, financial and water administration.

The water resource charges can be adjusted in accordance with the actual socio-economic development of the city and are submitted for approval and documentation in accordance with the provisions.

The criteria for the collection of water resources should be made available to society.

Article 23

The city's water resource costs are administered by a sub-office and are charged by the water administration sector in accordance with the water approval authority. Access to water is authorized by the watershed management body, which is charged by the municipal water administration.

The cost of water resources collected is distributed to the central, municipal and district (zone) treasury according to the proportion specified.

Article 24

The amount of payment for water resources is determined in accordance with the criteria for the collection of water resources in this city and the actual availability of water.

Real access to water is determined in accordance with the data provided by the water measure. No measurements or metrics have been installed or have been damaged in a timely manner, and the water resource charges are charged in accordance with the water facility's design of the maximum water capability of 24 hours of continuous operation.

The fossil-powering enterprises are in the form of congestion of water and are temporarily unable to install measurements, which can determine the amount of water resources payments in accordance with the actual enterprise power and the corresponding water resource costs.

Article 25

The water-takeholder shall, from the date of receipt of the “General contribution to the payment of water resources” to the payment period specified.

The water dissenting of the amount paid by the water worker may be submitted to the water administration department of the notice; the water administration sector should conduct a review within seven working days and inform the watertakers of the results.

Article 26

The cost of water resources collected should be fully integrated into the financial budget management, and the financial administration sector at the municipal, district and district levels is structured in accordance with the approved sectoral budget. The water administration sector prepares a budget of income and expenditure on water resources and should hear the views of the development reform administration and be included in the annual sectoral budget management, subject to review by the same level of financial administration. Of these, the investment in fixed assets should be integrated into the integrated arrangement of the fixed-term asset investment plan.

Water resources costs are earmarked for savings, development, use, protection and integrated management of the following water resources:

(i) Assessment, planning, distribution and related criteria for water resource surveys;

(ii) Monitoring the implementation of water licences and movement of water resources;

(iii) Protection and management of the lakes and watersheds;

(iv) The development and dissemination of information on water resources management;

(v) Policy regulation on water-saving, standard system-building and promotion of scientific research, new technologies and product development;

(vi) The provision of subsidies and loans for water demonstration projects and the extension of pilot applications;

(vii) Support for the disposal of water resource emergencies;

(viii) Awareness-raising and incentives for the conservation of water resources;

(ix) Sound development of water resources.

No unit or individual shall be permitted to detain, intrus or divert water resources.

Chapter IV Oversight management

Article 27

The water administration sector should determine and make annual water access plans to water-dependent households, in accordance with the principles of integrated coordination, integrated balance and affordability, in accordance with the annual water consumption allocation programme, the next annual water-take plan proposal submitted by the water-takeholder by 31 January of the next year.

The watertakers should submit to the pre-approval bodies the water access for the year by 31 December each year and the next annual water access plan recommendations.

Article 28

The watertakers need to adjust the annual water harvesting plan, and the reasons for the adaptation of water in accordance with the approval process, the implementation of water measures, the use of industrial water reuses and the internal water management system. The pre-approval body shall make a decision on the consent within 20 working days, in accordance with the annual total distribution of water.

The annual water harvesting plan, which is determined and adjusted, shall not exceed the quantity approved by the water licence.

Article 29

More than 150,000 cubic metres (with 150,000 cubic metres) of water access should be tested for water-balances based on national technical standards, improved water processes or methods, and improved water use rates.

The water balance test results can serve as a basis for access to water assessment.

Article 31 (Space measurement-time monitoring)

In the year, water-takeholders are more than sizeable, as well as accessed water users using stand-alone water facilities, which must meet the requirements for inclusion in the water-time monitoring system. Specific circumstances and requirements are provided by the municipal water administration.

Article 31

In carrying out oversight inspections, the water administration authorities have the right to take the following measures, and access to water should be synonymous with:

(i) To request the inspected water harvesters, water access statistics statements, measurement facilities measurement certificates, refund water quality monitoring reports, water process maps, etc.;

(ii) Demand that no metrics be installed and that measurements be installed;

(iii) Surveys into the main water sites of the inspected water users;

(iv) The inspectorate shall cease the violation of this approach by modifying the deadline and fulfilling its statutory obligations.

Article 32 (Summary oversight)

The municipal water administration sector should strengthen the supervision of the water administration sector in the district (zone) and identify cross-ferral clearances, non-compliance with the conditions of the licence, annual water access plans exceeding the quantity approved by the water licence or the annual distribution of water for the total amount of water, which are not charged with water resources, should be corrected in a timely manner.

The water administration at all levels should be sent to the top-level water administration or watershed management agencies, as required, to water monitoring management, water resource charges.

Chapter V Legal responsibility

Article 33 (Responsibility of the executive branch and its staff)

In violation of this approach by the water administration or by other relevant departments and their staff, there are abuses of authority, omissions, provocative fraud, which are redirected by their superior administrative organs or supervisory bodies; in serious circumstances, administrative disposition is given to the competent and other direct responsible personnel in charge of direct responsibility in accordance with the law; constitutes an offence and criminal responsibility.

Article 34

In one of the following cases, the water administration is responsible for the change of its deadline, which is not corrected and imposes a fine of up to €50 million:

(i) In violation of article 29, paragraph 1, of this approach, the watertakers are not tested in accordance with the provision for water balance;

(ii) In violation of article 33 of this approach, the watertakers have not installed the water measurement-time monitoring mechanism in accordance with the provisions.

Annex VI

Article 35 (Definition)

The approach refers to the use of water works or facilities directly from the River, lake or land.

The approach refers to gates, dams, channels, artificial rivers, inhalation, water pumps, water wells.

This approach refers to the calculation of industrial water according to a certain method, which, within a certain period of time and under certain conditions, the production of the relevant industry units or the completion of the overall consumption of the unit's workload (first-use water).

Article 36 (Actual date of application)

This approach has been implemented effective 1 February 2014. No. 7 of the Supreme People's Government Order No. 7 of 15 June 1995, the application of the water licence regime in the Shanghai City was repealed in accordance with amendment No. 53 of 14 December 1997 by the People's Government of Shanghai.