Advanced Search

Take Zhejiang Province Water Management 2011 (Revised)

Original Language Title: 浙江省建设项目占用水域管理办法(2011年修正本)

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Water management approach (amended in 2011) for construction projects in the province of Zangong Province

(Application No. 214 of the People's Government Order No. 214 of 27 March 2006 in accordance with the Decision No. 289 of 31 December 2011 of the People's Government Order No. 289 of 31 December 2011 for the publication by the Government of the People's Republic of the Sudan of 14 regulations, such as the revision of the Urban Road Management Scheme in the province of Zangko Zang Province)

Chapter I General

Article 1 guarantees and promotes sustainable development of the economy and society, in accordance with the laws, regulations and regulations of the People's Republic of China Water Law, the People's Republic of China Act on the Prevention of Hunger, the Zangang Province Water Resources Management Regulations, etc.

Article 2 The management of the beaching is governed by the relevant laws, regulations.

This approach refers to the rivers, lakes, rivers, channels, water banks, water ponds and their scope of management, excluding marine areas and extracted fish ponds on arable land.

Article III regulates the management of the construction of the project in the occupied waters and imposes strict control, protection of ecology, classification management and the principle of rebalance.

Article IV provides for the protection and management of water resources in the current administrative region by the Government's water administration authorities. Of these, the waters that fall within the jurisdiction of the provincial ponds River Authority are protected and managed in accordance with the Zangangangang Governorial Skills Management Regulations.

The protection and management of water in accordance with their respective responsibilities are governed by the relevant sectors such as the development and reform of the population at the district level, land resources, environmental protection, housing and rural and urban construction, transport, agriculture, forestry, oceans and fisheries.

Chapter II

Article 5 Provincial water conservation planning is prepared by the provincial water administration authorities, which are approved by the Government of the People of the province following a balance between provincial development and reform of administrative authorities.

The development of water conservation planning should seek the views of the public. The water conservation planning is made public by the people's Government that approves the plan.

Article 6. Water conservation planning should be based on the non-reducing of water resources in the current administration region and in different parts of the region, identifying the basic water footage of the various parts of the region, identifying the scope, hierarchy and measures of the overall watershed, the functionality of the waters and the protection of the waters.

Article 7. Water conservation planning should be aligned with national economic and social development planning, land-use master planning, urban overall planning, village and urban planning, environmental protection planning, landscape-based winning planning, agricultural regional planning, beaching planning, aquaculture planning, and the development planning of integrated navigation.

Planning for rural and urban construction, transport facilities, land use, etc., involving water sector adjustments, should be in line with the requirements for water conservation planning; its water area adaptation programmes should be scientifically certified and with the consent of the relevant water administration authorities.

Article 8. Water conservation planning is a basic basis for water conservation, use and management and must be strictly enforced.

Changes in watershed protection planning are implemented in accordance with article 5 of this approach.

Article 9. Regional construction in urban areas, such as district rehabilitation and economic technology development zones, high new technology parks, tourist holidays, should be in line with the requirements for water conservation planning, and the need to adapt watercourses should be prepared in advance, with the consent of the relevant water administration authorities, based on scientific evidence.

Article 10. This province introduces an annual survey statistical system and dynamic monitoring system for watersheds, establishing and improving water management information systems.

Provincial water administration authorities should develop annual water survey statistics programmes with relevant departments such as provincial statistics, land resources. The water administration authorities should conduct surveys of the basic conditions of the waters in accordance with the Waters Survey Statistics Programme, and may increase the survey of statistical matters and content in accordance with the actual region.

The municipal, district water administration authorities should monitor dynamic water conservation and use in the region.

The municipal, district water administration authorities should regularly communicate statistical and dynamic monitoring of water in the region to the top-level water administration authorities.

The units and individuals that have been surveyed should cooperate with the survey statistical work of the water administration authorities, such as the real availability of information and data on the situation in the water area, without denying, concealing or circumventing leave.

Chapter III

Article 11. Prohibition of the occupation of waters that seriously endanger the function of the waters:

(i) Construction activities such as flood prevention, water supply, water conservation, water power generation, irrigation, etc. in the water bank design;

(ii) Construction of buildings and constructions that affect the protection of the flood in the river's dry streams and the frequent rivers.

They are prohibited from landing or reclaiming rivers, water ponds, wetlands. There is a need to be buried or reclaimed, and scientific evidence should be published and approved by law.

Article 12. Construction projects occupied water areas and are governed by infrastructure-building projects and non-infrastructure construction projects.

Non-infrastructural construction projects, such as strict control of real estate development, commercial tourism development, have occupied waters.

The infrastructure described in this approach refers to the necessary facilities and services available to maintain basic life needs, including railways, airports, roads, bridges, terminals, electricity, telecommunications, water supply, drainage, water, water and water.

Article 13 below is an important water area with special protection:

(i) Waters in wind areas and natural protected areas;

(ii) The main waters that maintain ecological functions in urban planning areas;

(iii) Waters protected areas for drinking water;

(iv) Waters in flood areas;

(v) Provincial rivers;

(vi) The flooding poles;

(vii) More than 10,000 cubic metres;

(viii) More than 500,000 square meters;

(ix) Other important waters under the laws, regulations.

Non-infrastructural construction projects must not take over important waters. Infrastructure construction projects are generally not occupied by important waters; approval procedures should be conducted in accordance with the relevant provisions of this approach.

Article 14. The construction project shall take over the waters and shall be carried out by the water administration authorities in accordance with the requirements of the territorial waters conservation planning and the area, water quantity and functions of the occupied waters, either by construction units or by individuals to construct alternative water works or by functional remedies.

The cost of occupancy of watercourses is determined by the provincial price, the financial sector, in accordance with local similar construction projects, using local prices, alternative engineering prices or the cost of functional remedies. The collection and management of the cost of occupancy of watercourses is developed by provincial water administrations with provincial prices and financial sectors.

Costs for construction of alternative water works or functional remedies, including payment for water-occupation, should be included in the construction of project engineering estimates.

Article 15 Authorization for the construction of a project to cover waters shall be implemented in accordance with the following provisions:

(i) Infrastructure construction projects take over the waters specified in article 13, paragraphs 1 (i) to (iii), and are approved by the Government of the province after the first instance of the district-level water administration and the provincial water administration authorities review. Of these, the waters involved in occupancy of communal rivers or cross-market-owned district-level administrative areas are first instance by the municipal water administration authorities, and are involved in the occupation of waters across the city's administrative area, with the approval of the provincial water administration authorities;

(ii) Infrastructure construction projects take over provincial rivers or take over the area of more than 3000 square meters under Article 13, paragraph 1, subparagraphs (iv), (vi), (vii) of this approach or over 5,000 square meters of non-critical waters, and non-infrastructural construction projects occupied more than 3000 square meters of non-critical waters, with the approval of the provincial water administration authorities after the first instance of the district water administration authorities. Of these, water is involved in occupancy of communal rivers or across the territorial district administration area, first instance by the municipal water administration authorities; in the occupation of waters across the city's administrative region, the direct reporting of provincial water administration authorities for approval;

(iii) The construction project takes over municipal rivers other than those provided for in subparagraphs (i), (ii) of this article, and reports directly to the municipal water administration for approval. Of these, it relates to the occupation of waters across the city's administrative area, which is submitted directly to the provincial water administration authorities for approval;

(iv) The construction project takes over waters other than those provided in subparagraphs (i), (ii), (iii) of this article, subject to approval by district-level water administration authorities. Of these, water is involved in the occupation of territorial waters across the city-owned district administration area, which is approved by the municipal water administration authorities, and is involved in the occupation of waters across the city's administration area, directly reporting to provincial water administration authorities for approval.

Article 16 shall apply for construction projects to take over waters, and shall be in compliance with the following declaration requirements:

(i) When the Government investment project requests approval in accordance with the basic construction procedures established by the State and the province, its project proposals or feasibility studies should be accompanied by the evaluation of the water administration authorities; and the construction units should submit applications to the water administration authorities for occupancy of water in the context of the initial design of the construction project;

(ii) An approved enterprise investment-building project, which should submit applications to the water administration authorities when submitting a report to the investment authorities;

(iii) An enterprise investment-building project that is in place, and construction units should submit applications for occupancy of water to the water administration authorities prior to application.

Article 17 Applications for construction projects to take over waters should provide the following materials:

(i) The construction of a project for the use of watersheds and the proposed alternative water works or functional remedies programmes;

(ii) Waters such as occupancy, drainage, water supply, irrigation and navigation have a greater impact on the functioning of the water area and should be provided with an assessment of the impact of the occupancy of the waters.

The administrative authorities with the authorization should organize expert evaluation of the impact assessment reports on the occupied waters within 15 days of receipt of the application or receipt of the first instance opinion.

Article 18

(i) The water administration competent to receive the application shall organize on-site surveys within 7 days of the date of receipt of the request;

(ii) The water administration responsible for the first instance shall, within 20 days of the date of receipt of the request, make the first instance of opinion and report on the review or approval of the water administrative authorities with the authorization;

(iii) The competent water administration with the authorization shall, within 20 days of the date of receipt of the request or receipt of the opinion of the First Instance; it is true that it is difficult to take decisions within the time frame, with the approval of the head of the department, to extend 10 days and shall communicate the extension period to the applicant.

In accordance with this approach, the construction project approved by the Government of the Provincial People's Government provides for the use of watersheds, which is implemented in accordance with paragraph (iii) above.

When a review by the water administration authorities of water-occupied waters of construction projects, hearings should be organized in accordance with the law to listen to the views of the stakeholders and the public in society to justify their reasonableness and feasibility.

Article 20 provides for the construction of engineering facilities such as inter Rivers, wearing rivers, wearing downs, axes, roads, pipes, cables, access to water and drainage, which should be in line with the standards of protection, shoreline planning and other technical standards, and take appropriate remedial measures that would not jeopardize the safety of the berm, affect the stability of the river and impede access. It should also be in line with the provisions of the relevant regulations, regulations and regulations governing navigation.

Article 21, construction units are expected to construct alternative water works or to take functional remedies in line with programmes approved by law.

Article 2 provides for the temporary occupancy of watersheds by construction projects, which should be submitted to the water administration authorities for an interim occupier's commitment to occupancy of waters and agreed upon by the water administration authorities. The provisional occupation of water commitments should contain time frames, scope, use, modalities, recovery measures and costs.

The duration of the temporary occupation of waters shall not exceed two years; the duration of the period shall be subject to continued occupation, and the extension shall be reorganized to the water administration authorities within 30 days of the expiration of the deadline. Temporary occupation of watersheds allows for a one-year extension.

After the temporary occupation of waters, construction units or individuals must restore the original water.

Article 23 replaces water work and functional remedies, which should be completed by the water administration authorities. The construction units should send paper and other archival information on alternative water works and functional remedies to the water administration authorities within 15 days of the completion of the harvest.

Article 24 pays for the occupancy of the water area must be used for the construction of alternative water works or for functional remedies.

Reimbursement for the occupancy of watercourses is included in the Principal Finance, with two line management of income and expenditure. The audit department should strengthen audit oversight.

Article 25. The water administration authorities should enhance oversight of construction of water-occupation activities. When monitoring inspections are carried out, the licensee is entitled to provide information and information on the facts.

Chapter IV Legal responsibility

Article 26, in violation of the provisions of this approach, is implemented in accordance with the provisions of the People's Republic of China Act on Hun Yamazaki, the Water Law of the People's Republic of China, the Wealth Management Regulations of the People's Republic of China.

Article 27 has not been approved and has been occupied by the Water Administration to compel it to stop the violations, to change the deadlines; to be corrected by the water administration authorities for the recovery of the original status, the costs incurred are borne by the occupants and may be fined up to 500,000 dollars.

Unless the territorial waters are occupied in accordance with the requirements of approval, the water administrative authorities are responsible for the change of their duration and may be fined up to 3,000 dollars.

Article 28 does not provide for the construction of alternative water works or the introduction of functional remedies, which are subject to the responsibility of the water administration authorities to change their duration; is not reformulated by the water administration authorities for the construction of alternative water works or the introduction of functional remedies, for which the costs are borne by the occupants and could be fined up to $200 million.

Article 29 has not been approved, has been used for the temporary occupation of waters or for the return of the original water condition after the expiration of the water area on an ad hoc basis, and is subject to the responsibility of the water administration authorities to change its deadline; and is later uncorrected, a fine of up to 5,000 dollars. With regard to the refusal to restore the original gesture of the water area, the water administrative authorities were vested with the occupants.

Article 31: The water administration authorities and the relevant departments are one of the following cases by the competent authority to dispose of directly responsible persons and other persons directly responsible under the authority of management;

(i) Expropriation of the construction project in the area of water;

(ii) Alternatives to water work or functional remedies are not eligible for inspection;

(iii) Restatements, seizures, denial of water statistics and related data;

(iv) Non-compliance with the oversight responsibilities under the law;

(v) Other provocative acts of fraud, abuse of authority and omission.

Chapter V

Article 31 of this approach was implemented effective 1 May 2006.