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Jiangxi Province Water Permits And Water Resources Fee Collection Management

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

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Management of water licences and water resource charges in the Province of the River

(Summit 6th ordinary meeting of the People's Government of Southern West Province, 24 June 2013, considered the adoption of the Decree No. 206 of 8 July 2013 by the People's Government Order No. 206 of 8 July 2013, as of 1 September 2013)

Article 1 promotes water resource savings and the rational development of the use of water resources, in line with the provisions of the Water Act of the People's Republic of China, the State Department Regulation on Access to Water and Water Resources, the Water Resources Regulations of the Province of Siang Province, and develops this approach in the light of the actual provisions of this province.

Article 2 contains units and individuals using water resources directly from rivers, lakes, water banks or land within the territorial administration of this province, which, in addition to the circumstances set out in article IV of this approach, shall apply for access to water and pay for water resources in accordance with the law.

The above paragraph refers to gates, dams, channels, artificial rivers, inhalation, water pumps, water wells and hydroelectric plants.

Article 3

More than the people at the district level are responsible for the collection, management and supervision of water resources costs, in accordance with the provisions and management authority of the Authority.

Article IV below does not require a request for permission to obtain water:

(i) Rural collective economic organizations and their members use water ponds and water in the water pools of this collective economic organization;

(ii) Ten cubic metres of water and 5 cubic metres below on the day of family life and sporadic nutrients, poultry livestock consumption;

(iii) In order to secure the safety of construction and production in underground areas, such as mine wells, the need for temporary emergency response ( drainage) water;

(iv) Access to water for temporary emergency response against public safety or public interest;

(v) The need for temporary emergency water for drought and the preservation of ecological and environmental conditions in agriculture.

Article 5 provides for units and individuals for access to water and shall submit to the Water Approval Body for applications under Articles 11 and 12 of the Regulations of the Department of State for the Reception of Water and Water Resources. Applications for the use of multiple water sources and different water access authorizations should be submitted to the highest-level water approval bodies.

To apply for access to water and the need for a river slackening, the applicant shall, in parallel with the processing of water requests, apply for sequestration in the river, in accordance with the relevant national provisions.

Article 6.

(i) The following water access is authorized and issued by the territorial Government's water administration authorities:

The amount of water access to the rivers across the province and the inter-provincial border is authorized by the water administration authorities in the Department of State to authorize the authorization of the watershed management authority for the approval of the quota of over 30,000 cubic metres;

More than 10,000 cubic metres of water from industrial and urban lifedays, more than 10 cubic metres of water flow from agricultural irrigation designs, more than 10 seconds, and more than 100 million cubic metres from the water bank design;

Three hundred million cubic metres of water harvested by water, 5,000 cubic metres or over the year's design of water for more than 1 million cubic metres, of which more than 400,000 cubic metres of water were used for mining and geothermal.

The total generators of the hydroelectric power plant were more than 60,000 kWh and more than 30,000 kW;

There are disputed water between the municipality of the municipality of the commune, which is located across the area.

(ii) The following water from the provincial authorities, which are authorized and issued by the municipal government water administration authorities in the area:

More than 1 million cubic metres of water from urban rivers across the border area;

More than 500,000 cubic metres of water from industrial and urban lifedays, more than 50,000 cubic surfaces for agricultural irrigation designs, over five seconds, and more than 1 million cubic metres in the water bank design;

More than 400,000 cubic metres of water harvested for more than 1000 cubic metres or for the design of water for more than 1000 cubic metres, using mineral water and geothermal water days, or more than 200,000 cubic metres for the year;

The total generators of hydroelectric power plants of more than 1.2 million kwash, fire (including biomass)

Access to water is disputed between 5 and 20 districts (markets, areas) in the administrative area.

(iii) In addition to the water available within the scope of subparagraphs (i), (ii) of this article, other water access is the responsibility of the territorial Government's water authorities for the approval and issuance of water permits.

The provincial Government's water administration authorities can adapt to the management authority of the water licence approval, based on the state of water resources and access to water.

Article 7.

Access to water licenses by lower-level water administration authorities should be sent to the top-level water administrative authorities. The applicant may lodge a complaint to the top-level water administration authorities for the non-application of a water licence. Upon receipt of a complaint by the top-level water administration authorities, verification and corrections should be promptly investigated.

Article 8. Building projects for water use has a water resource argument system.

Construction projects require access to water, and construction units should entrust units with the production of water resource argument reports for construction projects and report on authorized water administration authorities. Of these, less water availability and smaller construction projects affecting the surrounding environment, the applicant may not prepare a project water resource argument report, but should complete the construction of the project water resource argument.

The construction projects that have not been adopted in the water resource log or in the water resource argument are not approved by the Approval Body and the construction units are not allowed to carry out the construction and production of the work.

Article 9.

The provincial Government's water administration authorities should develop water distribution programmes with the relevant sector organizations, establish a system of control indicators for water use covering watersheds and above the administrative regions and implement overall water access control.

The water distribution programmes in the municipalities, districts (markets, areas) approved are the basis for overall water control. The total amount of water licensed by the Government's water administration authorities at the district level shall not exceed the total amount of water allocated to the present administrative region; the total number of water licenses has reached 90 per cent of the total administrative area allocated to water, limiting the additional water for the approval of construction projects; and suspend the approval of additional water for the construction projects.

In the area of groundwater overexception, agricultural, industrial construction projects and services are prohibited from using additional groundwater.

Article 10.

The authorized level of water use in the sector is the main basis for the approval of water licences. Access to water units or individual requests for access to water permits must be in line with the industrial water supply threshold, sectoral projects that are not in line with national industrial policy or are included in the national industrial restructuring catalogue, and products that exceed industrial water supply standards, and water administration authorities do not approve.

In the province, there is no standard for the use of water in the sector or the quantity of products, which may be implemented in the light of the standard of industrial water use developed by relevant national industry authorities.

Article 11. The water functional area is governed by a restrictive regime.

The water administration authorities of the people at the district level should, in accordance with the requirements of water quality and the natural purification capacity of the water functional area, scientifically authorize the effluent capacity of the water area and provide the environmental protection authorities with a view to limiting the overall amount of water pollution.

In areas where the total concentration of pollutant emissions exceeds the total amount of nutrients, the water administration authorities should suspend the approval of new water harvesting projects and new river streams and inform the same environmental protection authorities.

Environmental protection authorities should take restrictive measures in accordance with the law with regard to areas that exceed the overall emission control targets.

Article 12

Article 13 Access to water units or individuals should install water measurement facilities in accordance with national technical standards and ensure the proper functioning of measurement facilities.

Article 14. Water access units or individuals shall be reported to the water administration authorities for the year by 31 December each year and to the next annual water access plan recommendations.

The water administration authorities shall make the water harvesting plan available to the water units or individuals by 31 January of each year.

Article 15. New construction, alteration, expansion of construction projects, access to water units or individuals shall make recommendations to the Water Administration for the year after they are eligible for water work or facilities experience and begin access to water by 30 days. After approval by the water administration authorities, the annual water access plans should be made to the water units or individuals in a timely manner.

Article 16 shall pay water resources under the law.

The water resource costs are charged by the Executive Authority for the Approval of the Proceeds in accordance with the standards imposed by this province, and may also be charged by the lower-level water administration. Water resources are charged by the territorial Government's water administration authorities for the approval of the issuance certificate.

Article 17 In addition to hydroelectric power generation, urban water supply enterprises have access to water, repayment of water resources for water-dependent units and individuals.

In excess of 20 per cent of the annual approval of water harvests, more than double the standard for water costs; more than 20 per cent to 50 per cent of the water-for-water harvested water; more than 50 per cent of the water for water; and more than 50 per cent of the water harvested water for water.

Article 18 Agricultural production takes water without charge of water resources within the limits and pays water resources beyond the limits.

Water resources are encouraged to be recycled and free of charge of water resources for units and individuals using water.

Article 19 Water resource fees are charged by provincial price authorities with the provincial financial sector, the water administration authorities, approval by the provincial people's government and presentation of the State Department's price, finance and water administration cases.

The water resource costs should be adjusted in accordance with economic and social development. The standard adjustment for water resource costs is presented by provincial price authorities with provincial finances and water administration authorities, which are published after the approval of the provincial people's Government.

Article 20 Water resources are charged on a monthly basis.

The water harvesting units or individuals shall submit monthly water-use statements to the water administration authorities charged with water resource charges by 5 per month, and the electricity-generating enterprises must also send the monthly electricity, in accordance with the statement, the water administration authorities, in accordance with the monthly payment letters to the water receipt units or individuals. The collaborators shall pay their water resources in full and on time, in accordance with the terms of the notification and the amount of contributions.

Water resources costs are accounted for for production costs. The cost of water resources paid in excess of planned or over-scheduled water is not included in Government pricing costs.

The water receipt unit or the individual cannot pay the water resources for a period of time owing to special hardship, may apply to the water administration authorities that send the letter of payment in writing within 7 days of the date of receipt of the letter of payment. The water administration authorities shall make written decisions and inform the applicant within 5 days of the date of receipt of the request for suspension and shall be deemed in agreement. The time limit for the payment of water resources shall not exceed 90 days.

Article 21, the water administration authorities should hold a fee licence issued by the same price authority when levying water resources and use a dedicated fee-relevant for the financial sector. Water resources costs are fully incorporated into the financial budget, with two income and expenditure line management, dedicated to funds, and the balance can be used in part for the next year.

Article 22 provides for major use of water resources:

(i) Assessment, planning, distribution of water resources and related standards;

(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 regulations, standard system-building and scientific research, new technologies and product development promotion;

(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.

The audit body should enhance audit oversight of the use and management of water resources.

Article 23. Removal of geothermal, mineral water, registration of water-based licences to geological mining administrative authorities, processing of mining licences, and payment of water resources under the provisions of the geological mining administration authorities for mining rights and mineral resource compensation; payment of geothermal water, mining royalties and mineral resource compensation.

In the management of geothermal water, mining springs, the Department of State provided otherwise for their application.

Article 24 In carrying out a water licence inspection, the water administration authorities have the right to take the following measures:

(i) To request the inspectorate or the individual to provide documents, notes, information;

(ii) To request the inspection unit or individuals to provide clarifications on the issues relating to the implementation of this approach;

(iii) To conduct investigations into the production sites of the inspectorate or individual;

(iv) The duty of the inspectorate or the individual to cease violations of this approach and to fulfil its statutory obligations.

The supervisory inspector should produce legal and effective administrative law enforcement documents when conducting oversight inspections. The units and individuals concerned should cooperate in the supervision of inspections and should not be denied or hindered the supervision of inspectors to perform their duties under the law.

Article 25, in violation of article 13 of this approach, provides that the installation of a non-qualified measure facility or the operation of a measure facility is not normal, replaced or rehabilitated by an administrative authority responsible for the water administration; the late replacement or rehabilitation, and the payment of water resources in accordance with the maximum water ability of the day to calculate the cost of water and water resources, may be subject to a fine of up to 1 million yen in 2000; and, in serious circumstances, the release of water licences.

Article 26, in violation of article 14 of the present approach, does not report annual water harvests, by the administrative authorities responsible for the period of time being converted to a fine of more than 5,000 dollars; and, in exceptional circumstances, the release of water licences.

Article 27

(i) The issuance of a request for approval of a water request or the issuance of a water licence in violation of the authorization authority;

(ii) Self-approved and approved projects for construction without access to water for approval;

(iii) No provision for water resources, or the violation of water resources payments;

(iv) Approval of the total amount of water available to the current administrative region, in excess of the amount of water provided by the top water administration authorities;

(v) Expropriation, retention and diversion of water resources;

(vi) Failure to perform oversight duties and to detect violations;

(vii) Other abuses of authority, omissions, provocative fraud.

The twenty-eighth approach is implemented effective 1 September 2013. The management approach to water resource charges in the Province was also repealed by Decree No. 60 of 31 December 1997, amended by Order No. 107 of the People's Government of 8 November 2001.