Sichuan Province Water Permits And Water Resources Fee Collection Management

Original Language Title: 四川省取水许可和水资源费征收管理办法

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Sichuan province water permits and water resources fee collection management

    (March 20, 2012 the 102th meeting of the people's Government of Sichuan province considered by people's Government of Sichuan province, on June 13, 2012 announced as of August 1, 2012, No. 258) Chapter I General provisions

    First to strengthen the management and protection of water resources, promote the conservation and rational utilization of water resources, according to the People's Republic of China water and the water licensing and regulation of water resources fee collection requirements, in Sichuan province, these measures are formulated. Second, within the administrative region of this province, units or individual using lock, dams, channels, artificial rivers, siphons, pumps, wells, hydroelectric power station water intake project or facility directly from rivers, lakes, reservoirs or underground access to water resources, should go through the water license and pay a fee for water resources.

    Otherwise provided by laws and regulations, from its provisions.

    Direct access to water other unit or individual water or drainage, should go through the water license and pay a fee for water resources.

    Article III competent administrative departments of local people's Governments at or above the county level water in accordance with the classification of administrative privileges, organizations responsible for water licensing regime implementation, and supervision and management.

    Local people's Governments at or above the county level the water conservancy administrative departments, the financial sector and the Department in charge of price according to job duties, in accordance with the statutory authority 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 or sporadic feeding, captive animal below 3000 cubic meters of water at the drinking years;

    (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.

    The preceding paragraph (c), (d) the provision of water, local people's Governments at or above the county level shall report the water conservancy administrative departments or watershed management agency record; (e) the provision of water, competent administrative departments of people's Governments above the county level shall be subject to water or river basin authorities agree.

    Chapter II water licensing Fifth units or individuals applying for water (hereinafter the applicant), has permission to the local people's Governments at or above the county level should be the water conservancy administrative departments to apply.

    Applications use a variety of sources, and various sources of water licensing approval authority for the different, an application shall be submitted to the approval authority at the highest level.

    Article sixth of the implementation of approval system and approval of construction projects, the applicant shall submit construction project (pre) feasibility study report, water Licensing application to the water conservancy Administrative Department.

    For file system-building projects, as well as others not included in the national construction projects of capital construction management procedures, the applicant shall, before construction projects started, water Licensing application to the water conservancy Administrative Department. Article seventh in mining of mineral water, and geothermal water, with water intake permit mining licenses, and, as determined by the water conservancy Administrative Department of the exploitation of limited exploration. In accordance with the People's Republic of China water law with regard to the spirit of the unified management of water resources, according to the relevant regulations of the State, water resources fee and mining right fee, compensation fees for mineral resources does not repeat collection.

    Mine takes (platoon) of water used in the production of non-temporary emergency access and mine (exhaust) water, should go through the water licence.

    The eighth national economic and social development planning, urban planning, River hydropower development plan, major industrial distribution and economic development zone, industrial park, industrial development zone layout, water resources assessment should be carried out and adapted to regional and basin water resource bearing capacity.

    Nineth construction projects needed for water, should be submitted by those with qualifications of water resources demonstration of construction project water resources argumentation for construction projects report of the unit. Tenth water licensing implementation at different levels.

    The following items to fetch water, the provincial water conservancy administrative departments approving and issuing water permits:

    (A) the provincial government or provincial authorities, approval and filing of construction projects;

    (B) cross City (State) administrative region water project;

    (C) from the city (State) border rivers, lakes of water project;

    (D) hydropower, thermal power installed capacity of more than 25,000 kW (25,000 kW) project;

    (E) design of water intake of the same project all kinds of water: surface water every day more than 30,000 cubic meters (30,000 cubic meters), groundwater (including geothermal, mineral water) more than 5000 cubic metres per day (at least 5000 cubic metres) of the project;

    (Vi) use of provincial water conservancy administrative departments direct management of large-scale water channels, reservoirs and other water projects.

    City (State), counties (cities and districts) in water resources management in water conservancy administrative departments of the people's Government permission, the municipal (State) Government enacted the province water conservancy Administrative Department.

    The 11th applicant apply water to the approving authority for water licensing, shall submit the following materials:

    (A) the application;

    (Ii) description of third party interests;

    (C) belongs to a record project, provides archival materials;

    (D) water proof of the legal status of the entity or individual;

    (E) the interested third party undertakings or other documents;

    (Vi) review of the report of the water resources argumentation for construction projects;

    (VII) do not need to report on the preparation of water resources argumentation for construction projects, water resources argumentation for construction projects shall be presented tables;

    (VIII) the use of approved outfall into river water, local people's Governments at or above the county level shall issue has jurisdiction the water conservancy administrative departments or watershed management agency approval.

    Need to set the drain, the applicant applied for water at the same time, together with the proposed outfall settings application.

    Take water from water conservancy projects, the applicant shall provide the water supply water supply agreement signed.

    12th after the approval authority accepts applications for water, water application materials should be a comprehensive review, listened to relevant departments and expert review of water application and considering water intake could save on water resources protection and economic and social development, as well as third-party water impact of unit or individual, decide whether to approve the water application. 13th the approving authority shall accept an application for water decision within 45 business days from the date of approval or disapproval. Approved by decision, and shall at the same time issue a water approval files.

    Is not granted, and shall notify the applicant in writing and state the reasons.

    14th need to stage construction of the project in accordance with total project scale of water permit approval authority.

    Staged construction, staging put into production or use of water projects and water licensing should be approved in phases. 15th intake to the application approved by the approving authority, applicant may construction of water works or facilities.

    Capital project required approval, approval by the State without water applied for approval, the project authority shall not approve, approval of the construction project.

    16th-water units or individuals shall be requested by the water approval authority files, or facilities design and construction of water projects.

    17th water unit or individual should be in water intake project or facility was completed and trial operation after 30th water 90 days before the approval authority for the acceptance of applications for water.

    18th sluice dams and other water storage projects, in front of the water shall be submitted to the water dispatching operation schemes approved by the water conservancy Administrative Department. Hydro-electric power projects should be scheduled under the water licensing and approval authorities agreed programmes and access to water planning for water power generation, ensure the control of discharge of the required indicators.

    Electric power dispatching Department shall seek the views of water examination and approval authority for operation.

    19th applicant acceptance of water application, it shall provide the following documents:

    (A) construction of the ratification or approval of the project document;

    (B) water application approval documents;

    (C) water projects or the construction and operation of facilities;

    (D) installation and metrological certification of water metering facilities;

    (E) construction and operation of water facilities;

    (F) sewage treatment measures;

    (G) water intake, water monitoring during the test run results.

    When applicants apply for acceptance of groundwater intake project, shall also submit the pumping test of including comprehensive maps, report content, such as construction of water quality analysis report.

    Staging and approval of water intake should be phased acceptance of the project.

    20th intake acceptance, approval authority issuing water permits; unqualified acceptance, water may issue permits, water units or individuals are not allowed to fetch water.

    21st intake unit or individual should be in water or water mains installation water metering facilities, and ensure normal operation.

    Water units, or individual removal, replacement, repair water metering facility, taking water shall inform the approval authorities.

    22nd-water units or individuals shall be in accordance with the water requirements of the approving authority, water intake, water monitoring infrastructure and put into use simultaneously with the principal part of the project, and to ensure normal operation.

    23rd-water units or individuals shall be required to take water mouthpiece up to the year of approval of water withdrawal summary and statistical reports of water withdrawal and water withdrawal plan proposed for next year.

    24th competent administrative departments of local people's Governments at or above the county level shall water entering the water unit or individual production sites during inspections, water units or individuals shall cooperate, provided information on the documents, certificates, and explained the situation.

    25th in the term water licence, any of the following circumstances, water new water entities or individuals should be applied for: (A) changes of water or water use.

    Water due to water right transfers except as change;

    (B) changes of water or water intake locations;

    (C) the water back, back water or water changes. 26th in the term water permits, water units or individuals need to change its name (name), can be taken from the original water water the approving authority indicated on the permit.

    Water right necessary for water right transfer procedures, shall hold a legal identity document and related approval documents for the transfer of the right to water, taking water to the original examination and approval organ change request, water examination and approval authority for examination and approval, shall issue a new water permit. 27th must continue to take water licensing terms, water units or individuals should apply to the approval authority in accordance with law. Water examination and approval authorities shall organize the relevant departments and experts evaluate them according to the relevant provisions, and based on the assessment results in the water make decision on whether to continue before the expiry date of the permit.

    Granting an extension, should issue a new water permit is not granted, shall state the reasons in writing.

    28th-water unit or individual shall, in accordance with national technical standards for water balance test in water use, improving water technology and methods, improving utilization of water reuse and recycling of water.

    29th water examination and approval authority in approving an extension of water when the license validity period, based on water or individual water use and water balance test results, permits to take water consumption can be reduced.

    30th in the rivers, lakes, reservoirs, channel construction, reconstruction or expansion of outlets shall be subject to jurisdiction of the water conservancy administrative departments or catchment management agencies have agreed, by the competent administrative Department of environmental protection is in charge of the construction project environmental impact report for approval.

    31st units or individuals to the water conservancy administrative departments or basin body outlet settings application, the outlet settings need to be submitted report, the report should be subject to expert.

    Sewage channels, reservoirs, sewage treatment plants and other facilities shall obtain the channels, reservoirs, wastewater treatment plant management agreed.

    Article 32nd intake units or individuals should install water facilities, in accordance with the relevant provisions of water, and water quality monitoring.

    Article 33rd on the approval authority shall, before January 31 of each year notice of its annual new water permits and the cancellation and revocation of water permits.

    Chapter III administration of water resources fee collection and use Article 34th water resources fee by the Department of water administration under the people's Governments at and above the county level in accordance with the license for water drawing permission is responsible for collecting.

    Water of superior water conservancy administrative departments may appoint subordinate administrative departments or management of water resources fee levy on public affairs institutions.

    Approved by the river basin authorities, water resource fee collected by the provincial Department of water administration on behalf of, and shall not be again entrusted subordinate is imposed by the water conservancy Administrative Department.

    35th fee payment amount according to the location of the water intake of water resources water resources fee collection standards and the actual quantity of water OK.

    Water resources fee collection of water for agricultural production in accordance with national and provincial regulations.

    Article 36th water resources fee collection standards by price administrative departments of the province, in conjunction with provincial finance departments, the water conservancy administrative departments, submitted to the provincial people's Government for approval. 37th water or water approval authorities of individuals should be required to submit the actual quantity of water or electricity, and pay a fee for water resources.

    Due to legal reasons apply for suspension of water resource fees, in accordance with the relevant provisions of the State.

    Article 38th introduction of metering of water resources fee collection and ultra plans, over standard progressive fare system.

    Super plan or the fixed quantity of water below the 30% excess levied according to criteria specified in 200% and over 30% (including 30%), levied over part according to the criteria specified in 300%.

    39th water resources fees shall be levied in accordance with regulations of the financial Department of the State Council respectively handed over Central and local coffers.

    Water resources fees shall be levied in full into the financial budget management by the financial sector in accordance with the approved budget of the sector co-ordinating arrangements.

    Competent administrative departments of local people's Governments at or above the county level water required the preparation of water resources fee estimates and annual payment plan, and included in the departments budget at the Finance Department. Financial sector is responsible for expenditures against the approved budget.

    Among them, for water resources development involves investment in fixed assets, included in the fixed assets investment plan arrangements. 40th water resource fees earmarked for water resource conservation, protection and management, and can also be used for the rational exploitation of water resources.

    Uses include:

    (A) water resources investigation and assessment, planning, allocation and related standards;

    (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 resources and water resources information acquisition and publishing;

    (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 grants grants and subsidized loans;

    (VII) emergency disposal assistance on water resources;

    (H) advocacy and reward saving and protection of water resources;

    (IX) the rational utilization of water resources.

    No unit or individual may intercept or appropriate or divert water resources fee.

    The fourth chapter legal liability

    41st in violation of relevant provisions of this approach, provisions of laws and regulations, regulations on punishment, from its provisions.

    42nd in violation of article II of this approach, taking water without approval, the people's Governments above the county level the water conservancy administrative departments or basin management institutions shall be given administrative punishments, and the recovery of its water resources fee payable.

    The 43rd article violates this article approaches the 21st, before the removal, replacement, maintenance of water metering facilities fail to inform the water examination and approval authority, by the Department of water administration under the people's Governments above the county level shall give him a warning, and recovery of water resource fees payable under the law. 44th disobey the 37th article, is not required to submit the actual quantity of water or electricity, by the Department of water administration under the people's Governments at and above the county level shall be ordered to rectify.

    It fails, 200 Yuan fines against individuals, the unit shall be fined 1000 Yuan fine.

    The fifth chapter supplementary articles

    45th outlet in these measures refers directly or through trenches, drains, pipes, sewage treatment plants and other facilities to rivers, lakes, reservoirs, channels for discharging waste (sewage) water outlet.

    New outfall, refers to the outfall constructed or used for the first time, and the original does not have sewage functions or uses of abandoned emission.

    Conversion outlet, refers to the existing outfall discharges, emissions and other matters change significantly.

    Expanded sewage outlet, refers to drain sewage capacity have been improved.

    Construction, reconstruction and expansion of the sewage outlets collectively set. 46th these measures shall come into force on August 1, 2012. The Sichuan provincial water license and abrogated the interim measures for the administration of water resources fee collection.