Jiangxi province water permits and water resources fee collection management
(June 24, 2013 Jiangxi Province Government 6th times Executive Conference considered through July 8, 2013 Jiangxi Province Government makes No. 206, announced since on September 1, 2013 up purposes) first article for strengthening water resources management and protection, promote water resources save and reasonable utilization, according to People's Republic of China water, and State take water license and water resources fee levy Management Ordinance, and Jiangxi province water resources Ordinance, about legal, and regulations of provides, combined this province actual, developed this approach.
Article in the administrative regions of the province where the use of water works or facilities that directly from rivers, lakes, reservoirs or underground water resources intake unit and individual, apart from the provisions of this article fourth case, should apply for water licences in accordance with law, and pay a fee for water resources.
Water works or facilities referred to in the preceding paragraph, refers to the lock, dams, channels, artificial river, siphons, pumps, wells, and hydropower.
Article classified management of water Administrative Department of the people's Governments above the county level in accordance with rights organizations responsible for water licensing systems implementation and supervision.
Water Administrative Department of the people's Governments above the county level, the financial sector and pricing departments in accordance with this regulation and administrative rights, responsible for water resources fee collection, management and supervision.
Fourth section need not apply for water licences the following circumstances:
(A) the rural collective economic organizations and their members to use the collective economic organization of the reservoir, the water in the reservoir;
(B) family life and sporadic feeding, captive animal take surface water such as drinking 10 cubic metres, 5 cubic meters of groundwater below;
(C) to protect the mine and underground construction safety and production safety must be temporary emergency access (platoon) of water;
(D) the Elimination of public safety or public interest against an interim water;
(E) for agricultural drought relief and maintenance of ecological and environment must be temporary emergency water intake. Fifth application for water from units and individuals should apply water to the approving authority, and submitted to the State Council of the water licensing and administration of water resources fee collection Ordinance 11th, 12th application provided for in article.
Applications use a variety of sources, water licensing approval authority for the different and various water sources, to which should be the highest water level apply to the approval authority.
Application intake and outfall into river needs to be set, the applicant shall process a water application at the same time, in accordance with relevant regulations of the State in a joint outfall into river to a water approval authority settings apply.
Water permit grading and approval of sixth.
(A) water following approval by the provincial water conservancy administrative departments and water licenses issued:
1, interprovincial rivers, provincial boundary river water in the water basin management bodies authorized by the Administrative Department of the State Council approval limit, more than 30,000 cubic metres;
2 day access to surface water, industrial and urban life more than 100,000 cubic meters, irrigation design using surface water flow of 10 cubic metres per second more than design, reservoir storage capacity of over 100 million cubic metres;
3, access to water, daily water intake 5000 cubic metres or the annual design of water intake more than 1 million cubic meters, including access to mineral water, and geothermal water daily water intake more than 2000 cubic meters or the annual design of water intake more than 400,000 cubic meters;
4, 60,000-kilowatt per cent of total installed capacity of hydropower stations, thermal (including biomass) 300,000-kilowatt per cent of total installed capacity of power generation;
Cross-district 5, the administrative areas of Shanghai water intake or district dispute between the city of water.
(B) the provincial rights the following the following water, by District municipal water conservancy administrative departments approving and issuing water permits:
Cross-district 1, rivers, city river water intake more than 10,000 cubic meters of the border;
2 access to surface water, industrial and urban life daily water intake more than 50,000 cubic meters, irrigation design using surface water flow 5 cubic metres per second more than design capacity of more than 10 million cubic meters;
3, access to groundwater, water intake more than 2000 cubic meters or years designing more than 400,000 cubic meters of water, take the daily quantity of water with mineral water, and geothermal water in more than 1000 cubic meters or the annual design of water intake more than 200,000 cubic meters;
4, the total installed capacity of hydropower stations more than 12,000 kW, power (including biomass) 50,000-kilowatt per cent of total installed capacity of power generation;
5, cross county (municipal and district) administrative regions the water intake or the County (city, district) disputes between the water intake.
(C) subject to this section, (a), (b) the provision is outside the range of water, other water by County (city, district) water Administrative Department of the people's Government is responsible for approving and issuing water permits.
Provincial water conservancy administrative departments according to the water resources and access to water and to adjust the water licensing and approval management permissions, and submitted to the provincial people's Government for the record.
Seventh of water license application accepted, approved and water intake permit issuance procedures in accordance with the State Council of the water licensing and administration of water resources fee collection Ordinance and the relevant provisions of the water conservancy administrative departments under the State Council. Lower the water conservancy Administrative Department for water licensing, shall be submitted to the previous water conservancy Administrative Department. For not complying with the provisions issued water permits, applicants can level up the water conservancy Administrative Department.
Department of water administration after receiving complaints at a higher level, timely investigation and verification, should be urged to correct it.
Article eighth water project water resources argumentation. Construction project needs water, water resources demonstration of construction should entrust qualified unit preparing report on water resources argumentation for construction projects, have the right to approve the water conservancy Administrative Department.
Among them, the water less and less influence on the surrounding environment of the construction project, the applicant is not prepared report on water resources argumentation for construction projects, but should complete the construction project water resources demonstration schedule.
Is not water proof or water resources proved a failed construction project, the approving authority shall not be approved, the construction unit shall not be built and put into use without authorization.
The Nineth exercise total control over access to water systems.
Provincial water conservancy administrative departments shall, jointly with relevant departments, the development of main river basins of the province water allocation plans, established river basin access to water and above the county level boundaries total control system, the implementation of total quantity control of water withdrawal. Approved city divided into districts, counties (cities and districts) water allocation plans are the basis of total quantity control of water.
Competent Department of water administration under the people's Governments above the county level shall not exceed the amount of water allocated to the administrative area of the total volume of water; water licensing total 90% total water allocation of administrative areas, limit the approval of new construction projects for water; reaches or exceeds the administrative areas of the total water allocation, suspend approval of new construction projects for water.
Groundwater overdraft area, prohibition of the agricultural, industrial and construction projects and service industries added access to groundwater.
The tenth industrial water quota management system. Approved industry water quota in the province is the main basis for water licensing approval.
Or individual water withdrawal units of the water licensing applications must conform to the standards of industry water quota, right in line with State industrial policies or included in the national list of industrial structure adjustment in the industry to phase out such projects, and product consumption in excess of industry water quota standards and no approval by the Administrative Department of water.
Water quota is not standard-setting in the industry in the province or the water in the light of industry water quota established by the relevant competent authority of the State standards.
The 11th regional system of limiting pollution water function.
Water Administrative Department of the people's Governments above the county level shall be in accordance with the water function area on water quality standards and the natural purification capacity of water science approved water environmental capacity and to limit the total amount of emissions to the Environmental Protection Department waters.
Total emissions of key pollutants exceed water limits the sewage area, water conservancy administrative departments shall suspend approval of new water projects and new river outfall, and to inform the competent Department of environmental protection at the same level.
More than focusing on pollutant emission control areas, the Environmental Protection Department to take measures to limit the pollution.
12th water Administrative Department of the people's Governments above the county level should according to actual local water, establishing key water unit list, to take the water reached a certain scale of water user to strengthen monitoring and management.
13th water unit or individual measurement shall be installed in accordance with national technical standards of water withdrawal facilities, and ensure normal operation of metering facilities.
The 14th water unit or individual shall, before December 31 of each year, submitted to this year's water to water conservancy administrative departments and water withdrawal proposals next year.
Water Conservancy administrative departments shall collect water each year by January 31 to units or individuals released when water plan. 15th new construction, renovation or expansion projects, water units or individuals should be drawing water or after acceptance, the facility, began taking water in the 30th before, put its water conservancy administrative departments to the water plan proposed for the year.
After the approval of the water conservancy Administrative Department shall promptly given to the intake unit or individual annual water plan.
16th intake unit or individual shall pay the water charges. Water resources by the water conservancy administrative departments approval certification in accordance with the standard of the province is responsible for collecting, may also appoint a subordinate is imposed by the water conservancy Administrative Department.
Approval certification of river basin management institutions, water resource fee levied by provincial water conservancy Administrative Department. 17th fees paid according to the amount of water resources water resources fee collection standards and the actual quantity of water or electricity to determine.
In addition to hydropower generation, urban water supply enterprises outside the water, hyper-planned water intake unit and individual has a graduated charging water fees.
Over approval of the annual quantity of water 20% water, part of its water resources fee levy is imposed by the standard 1 time; more than 20%-50% water, part of its water resources fee collection standards levied twice; over 50% water, part of its water resources fee levy is imposed by the standard three times.
18th water within the limits of agricultural production do not levy water resource fees, deferred payment of water resources fee exceeded the limit.
Encouraging the recycling of water resources, units and individuals for access to water, are exempt from water resources fee.
19th water resources fee collection standards by the competent authorities and the financial sector, the water conservancy Administrative Department, submitted to the provincial people's Government for approval, and price, finance, water conservancy administrative departments under the State Council for the record. Water resources fee collection standards should be adjusted according to economic and social development in due course.
Department of water resources fee collection standards to adjust prices, by province, in conjunction with finance and water administration authorities, submitted to the provincial people's Government announced after the execution.
20th levy of water resource fees on a monthly basis. Water units or individuals shall be fee is imposed by the 5th of the month prior to water resources water conservancy administrative departments submit water withdrawal statement last month, power plants must also submit monthly electricity, water conservancy administrative departments according to the report, monthly water to units or individuals served on the water resource fee payment notice.
Payment shall be in accordance with the notice period and the payment of contributions in full and on time of water resource fees. Water resources fee included in the production costs.
Super plan beyond fixed water intake of water resource fees paid or costs not included in the price. Water units or individuals unable to pay for special difficulties of water resource fees, starting from the day of receipt of the notice of water resource fees paid to issue a contribution notice in writing in the 7th water Administrative Department for application for holdover. Water Conservancy administrative departments shall, from the date of receiving the application for holdover in the 5th make a decision and notify the applicant in writing, expires without a decision, agrees.
Water resources fee payment period shall not exceed 90 days. 21st water conservancy administrative departments in levying water fee shall charge license issued by the Department in charge of price at the same level, and uses the unified financial sector-specific charge bills.
Water resources fee included in the budget in full, the two lines of income and expenditure management, earmarked balances part can be carried forward to the next year.
22nd water resource fees are mainly used:
(A) water resources investigation and assessment, planning, allocation and standard development;
(B) supervise the implementation of the water licensing and dispatching of water resources;
(C) the rivers and lakes and reservoirs and water source protection and management;
(D) the construction of management information system of water resource and water resource information collection and dissemination;
(E) water conservation policies and regulations, standard system construction and scientific research, new technology and new product development and promotion;
(F) demonstration project and application of water-saving pilot project grant and the loan;
(VII) emergency disposal assistance on water resources;
(H) advocacy and reward saving and protection of water resources;
(IX) the rational utilization of water resources.
Auditing organs should strengthen auditing and supervision of the use and management of water resources fee.
23rd using hot water, mineral water, water permits to register with the competent administrative Department of geology and mineral resources, the relevant mining license, and the Department of geology and mineral resources administration in accordance with the regulations levy mining royalty and mineral resource compensation fees have made the mining rights to use hot water, mineral water and mineral resource compensation fee, no longer pay a fee for water resources.
The management of geothermal water, mineral water, as otherwise provided by the State Council, to apply its provisions. 24th water Administrative Department of the people's Governments above the county level shall, within their respective administrative areas conduct supervision and inspection on the implementation of the water licensing system.
Water licensing supervision of water conservancy administrative departments in examination, the right to take the following measures:
(A) requested by units or individuals for examination the relevant documents, licenses and materials;
(B) request units under inspection or personal issues related to the implementation of this approach to make notes;
(C) enter into the inspected unit or individual workplace investigations;
(D) order the inspected unit or individual to stop acts in violation of these measures, and comply with the statutory obligations. Supervision and inspection personnel when conducting supervision and inspection, shall produce a valid certificate of administrative law enforcement.
Units and individuals on supervision and inspection work should cooperate, and may not refuse or hinder supervision and inspection personnel performing official business according to law.
25th article violation this approach 13th article provides, installation not grid measurement facilities or measurement facilities run not normal of, by water administrative competent sector ordered deadline replaced or repair; late not replaced or repair of, according to day maximum take water capacity calculation take water and water resources fee levy standard meter levy water resources fee, can at 2000 Yuan above 10,000 yuan following fine; plot serious of, revoked take water license.
26th article violates this way 14th section, in accordance with the provisions submitted to the annual intake of, rectification by the water conservancy administrative departments, more than 5000 Yuan and fined a maximum of 20,000 yuan in serious cases, suspension of water licenses.
27th people's Governments above the county level water administrative department or other relevant departments and their staff, in violation of relevant provisions of this approach, any of the following acts, by its superior administrative body or supervisory organs shall be ordered to correct serious, managers directly responsible and other persons directly responsible shall be given administrative sanctions constitute a crime, criminal responsibility shall be investigated in accordance with law:
(A) water violation issued by the approval authority for approval document or issuing water permits;
(B) without water intake construction project approval documents without authorization and approval, approval;
(C) not in accordance with the regulation of water resources fee and water resources fee or illegal relief;
(D) approval of water intake more than superior water conservancy administrative departments of the administration of the total water withdrawal;
(E) seize, intercept or appropriate water resources fee;
(Vi) does not carry out its oversight responsibilities, finding violations are not investigated;
(VII) other acts of abuse of authority, dereliction of duty or engages in. 28th article of the rules take effect on September 1, 2013. 60th order of December 31, 1997 provincial publishing, November 8, 2001 provincial 107th order amendment of the water resources fee collection management in Jiangxi province abolished at the same time.