Hubei Province Water Permits And Water Resources Fee Collection Management

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

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  First chapter General first article to specification take water behavior, strengthening take water needs management, speed up implementation most strictly water resources management system, promote water resources can continued using and economic development way change, promoted economic social sustainable development and water resources water environment hosted capacity phase coordination, construction water type social, according to People's Republic of China water, and take water license and water resources fee levy Management Ordinance, and Hubei Province implementation ﹤ People's Republic of China water ﹥ approach, legal, and regulations, combined this province actual,

These measures are formulated.

Article in within the administrative area of the province water licensing, water resources fee collection management and related activities governed by this approach.

Laws and regulations on the management of river basin management institutions rights special provisions from its provisions.

Article classified management of water Administrative Department of the people's Governments above the county level in accordance with the rights, organizations responsible for water licensing regime implementation, and supervision and management.

Water Administrative Department of the people's Governments above the county level, the financial sector and the Department in charge of price according to their respective responsibilities for water resources fee collection, management and supervision.

The fourth water licensing and water resources fee collection should be done in accordance with principles of transparency, efficiency, optimization of the approval process, is imposed by the specification.

Implementing water licensing should adhere to combination of total control and quota management, insist on considering surface water and groundwater, to water, the amount of water needed and the water system lines, and improve water use efficiency, supporting sustainable economic and social development.

Fifth carry basic hydrologic propaganda and education, strengthen social supervision, enhance public awareness of water conservation consciousness, form the good habit of saving water, use water efficiently. Encourage the allocation of water resources through the market mechanism, to improve water use efficiency.

In the development, use, conservation, protection, management of water resources and prevention of water disaster units and individuals who have achieved significant, the people's Governments above the county level shall give commendations and rewards.

All units and individuals have the obligation to conserve and protect the water resources, and to report the acts in violation of these measures.

Chapter II scope of jurisdiction and sixth water licensing grading for approval. Basin management institutions approval permission following of following take water by Province Government water administrative competent sector is responsible for approval and issued take water license: (a) industrial and town life take with surface water, Yangtze River River day take water 50,000 cubic metres above, HANJIANG River, and Qingjiang River day take water 30,000 cubic metres above, other river day take water 100,000 cubic metres above; agricultural irrigation and ecological diversion design take with surface water flow 10 cubic metres each seconds above of; (ii) take with groundwater,

Day take water 5000 cubic metres above or years design take water 1 million cubic metres above, which take with mineral water, and geothermal water day take water 3000 cubic metres above or years design take water 500,000 cubic metres above of; (three) power take water, hydropower plant total installed 50,000-kilowatt above, fire (containing biological quality can) power total installed 300,000-kilowatt above of; (four) across city level administrative take water of. Province Government water administrative competent sector approval permission following of following take water by city (State) Government water administrative competent sector is responsible for approval and issued take water license: (a) industrial and town life take with surface water, Yangtze River River day take water 30,000 cubic metres above, HANJIANG River, and Qingjiang River day take water 20,000 cubic metres above, other river day take water 50,000 cubic metres above; agricultural irrigation and ecological diversion design take with surface water flow 5 cubic metres each seconds above of; (ii) take with groundwater,

Day take water 3000 cubic metres above or years design take water 500,000 cubic metres above, which take with mineral water, and geothermal water day take water 2000 cubic metres above or years design take water 300,000 cubic metres above of; (three) power take water, hydropower plant total installed 25,000 kW above, fire (containing biological quality can) power total installed discontent 300,000-kilowatt of; (four) across County Administrative take water of.

Province, city (State) administrative authorities for permission for water under the following additional water from the County Water Conservancy administrative departments are responsible for approving and issuing water permits.

Seventh article following case not need application received take water license: (a) rural collective organization and members using this collective organization of time, and reservoir in the of water of; (ii) family life and sporadic free-range, and captive animal drinking, years take with surface water water 3000 cubic metres following, and groundwater water 1500 cubic metres following of; (three) for guarantees mine, underground engineering construction security and production security must for temporary emergency take (row) water of;

(D) the Elimination of public safety or public interest against an interim water (v) for agricultural drought relief and maintenance of ecological and environment must be temporary emergency water intake.

Qian paragraph subsection (three) items, and subsection (four) items provides of take water, should in dangerous excluded or after 10th within, will take (row) water situation reported take water mouth location County above Government water administrative competent sector or basin management institutions record; subsection (five) items provides of take water, should by County above Government water administrative competent sector or basin management institutions agreed. Article eighth of water resources fee approved by the water authority is responsible for collecting.

Which, basin management institutions is responsible for approval of, water resources fee law delegate take water mouth location Province Government water administrative competent sector on behalf of levy; Province Government water administrative competent sector is responsible for approval of, water resources fee by take water mouth location County (City) Government water administrative competent sector on behalf of levy; take water mouth is located in district of, water resources fee by set district of City Government water administrative competent sector on behalf of levy.

Chapter III implementation of the Nineth of water licensing directly from rivers, lakes, underground, water impoundment areas of access to water, or direct access to other water units (individual) return drainage units or individuals (hereinafter referred to as water), shall apply to the approval authority has permission, deal with water permit.

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

Tenth must apply for the construction of water projects, applicants can request produced its own report on water resources argumentation for construction projects, and may authorize the relevant government units to prepare report on water resources argumentation for construction projects, and water licensing approval and reported on the water conservancy Administrative Department.

A small amount of water construction projects, the applicant is not prepared report on water resources argumentation for construction projects, but it should be by water licensing approval authority to the relevant water resources demonstration of construction project of water conservancy administrative departments table.

Do not need to report on the preparation of water resources argumentation for construction projects in accordance with national and relevant provisions in our province.

11th use of ground source heat pump system using groundwater, in preparing the report on water resources assessment should include local hydrogeological investigation report, pumping test and Reinjection test report, as well as integrated results of pumping test, water quality analysis, and so on.

12th River of requests and needs to be set into the water (Lake) outlet, the applicant applied for water at the same time, should be made into the River (Lake) outlet settings application.

13th implemented water licensing requirements shall be in accordance with the administrative examination and approval system reform, reduce administrative approval and links, shorten the processing time, improve efficiency, improve examination and approval service.

14th after the approval authority accepts applications for water, water application materials should be a comprehensive review, considering the water may have on water resource conservation protection and impact of economic and social development, deciding whether to approve applications for water. Approval of assignment or agreement is to determine the amount of water basin and administrative region total amount control of water licensing basis.

According to industry water quota approved by the water is water the main basis for approval. Water Conservancy administrative departments of the people's Governments above the county level within their respective administrative areas of annual control of total amount of water should be based on the approved water allocation plans annual water use plan their respective administrative areas.

Exceed annual regional water plan, water conservancy administrative departments shall suspend the license for water examination and approval, and announced to the public.

In addition to state regulations shall not be approved for water applications, water withdrawal exceeding standard of industry water quota, shall not be approved.

15th taking water view of the competent authority involving social public interest hearings shall be announced to the public, and hold a hearing. Water intake between the applicant and others of major interest, approval authorities before making a decision on whether to approve water application, shall inform the applicant or interested party.

Applicant or interested party to request a hearing and approval authorities shall organize the hearing.

Caused by the water application of dispute or litigation, the approval authority shall suspend the approval process, and notify the applicant in writing; dispute resolution or litigation after the termination of recovery procedures.

16th intake project or facility is completed, the applicant shall, in accordance with the relevant provisions, taking water to the examination and approval authority submitted to the fetch water project or facility operation and other related materials through acceptance, by the water approval authority for the issuance of the water licence.

Groundwater take water engineering completed acceptance, applicants also should to take water approval organ submitted following information: (a) into well area of plane layout figure; (ii) single well of actual well deep, and well diameter and column-like profile figure; (three) single well of test water and water laboratory report; (four) take water equipment performance and measurement device situation; (five) water administrative competent sector provides of other information.

Water approval authority should be issuing water permit shall be published on a regular basis. 17th water license validity period is usually 5 years, maximum of 10 years.

Expiry, needs continuity, water shall be 45 days before the expiry of the validity period to the original examination and approval organ for, before the expiry date of the original examination and approval authorities shall make a decision on whether to continue.

Due to construction, production, daily life, ecology, environmental protection and other special needs applications for short-term water intake, water intake permit expiration date by applicants to determine water people.

18th in groundwater limits access to groundwater in mining area, renewal of water, the approving authority can reduce water water withdrawal or cancellation of the license.

Forbidden access to groundwater in mining area of groundwater, water intake should be written off when the license expires.

Fourth chapter of water resources fee levy 19th-water shall pay a fee for water resources.

Water shall, before December 31 of each year to the water approval authority submitted annual water withdrawal in writing and the next annual water withdrawal plans. Water shall, in accordance with the approved annual plan of water of water. Super plan or the fixed water intake, Super plan or the fixed part of the progressive collection of water charges.

Water intake through the adjustment of product and industrial structure, reform processes, such as water-saving measures to save water, taking water in water licensing is valid and within the limits, approved by original examination and approval organ, it may transfer the conservation of water resources, and water to the original examination and approval authorities for the right change.

Water resources fee collection standards, progressive standards formulated by the provincial Department in charge of price is imposed by provincial finance, water conservancy administrative departments, submitted to the provincial people's Government, and in accordance with the regulations for the record.

20th without a claim for water licences in accordance with law, exempt from water resources fee.

Water resources in irrigation water not levy fees; pumped water for power generation from the levy of water resource fees.

21st fees paid according to the amount of water resources water resources fee collection standards and the actual quantity of water OK.

Water for hydroelectric power, nuclear power generation water and thermal power generation through-flow cooling water according to the water resources fee collection standards and actual capacity to determine payment amounts. According to the actual quantity of water of levying water resources fee and water should remove (back) access to water in accordance with State regulations (retired) water-metering facilities, ensure normal operation; and, as requested by the water conservancy administrative departments, provide accurate and timely take (retired) data.

According to the actual generating capacity of levying water resources fee and water shall, as requested by the water conservancy administrative departments, accurate and timely provision of electricity generation. 22nd levy of water resource fees on a monthly basis.

Water intake shall after the end of each month in the 7th, responsible for water resources charges submitted this month by the water conservancy Administrative Department of water (electricity). Water Conservancy administrative departments in charge of levying water resources fee in accordance with the approved quantity of water (electricity) and the prescribed standard, determine the amount of water resources fee collection, and water to serve the water resource fee payment notices.

Payment notice shall set forth the payment standard, quantity of water (electricity), contributions, time and place of payment and other matters.

Water intake shall from the date of receipt of notice of water resource fees paid within the 7th for payment procedures. 23rd article take water people for special difficult cannot regular paid water resources fee of, can since received water resources fee paid notice of day up 7th within to is responsible for levy water resources fee of water administrative competent sector application sustained paid; water administrative competent sector should since received sustained paid application of day up 5 a days within made written decided and notification applicants, expires not for decided of, considered agreed.

Water resources fee payment period shall not exceed 90 days.

Article 24th levy of water resources fee collection should be done strictly according to law, promote civilization collection, improve service levels, clear scope, procedures, public collection basis, standards and monitoring channels.

The water conservancy administrative departments should strengthen the collection and management of the water resource fee, not allowed to improve the standard and scope expanded.

The fifth chapter, the use of water resources fee management and allocation of the 25th city, County (City) is imposed by the Administrative Department for water under the water resource fee, in accordance with State regulations, respectively turned over to the Central Treasury and sibling places.

City, and County (City) Government water administrative competent sector generation Province Government water administrative competent sector levy of water resources fee, according to national provides surrendered Central Treasury Hou, according to following proportion respectively paid into province, and city, and County (City) Treasury: (a) take water mouth location County (City) Government water administrative competent sector generation levy of, province 10%, and County (City) 90%; (ii) take water mouth location set district of City Government water administrative competent sector generation levy of, province 10%, and city 90%.

Provincial water conservancy administrative departments of water resources fee levy on river basin management institutions, in accordance with the principle of fair sharing, take care of the grass-roots level of, and separately by the provincial government to identify specific shares.

26th water resources belong to the Government non-tax revenue, the two lines of income and expenditure management, incorporating into local budgets at the same level overall arrangement. 27th water resource fees are mainly used for water resource conservation, protection and management, and can also be used for the rational exploitation of water resources. No unit or individual may intercept or appropriation or misappropriation.

Water resources fee using range including: (a) water resources survey evaluation, and planning, and distribution and the related standard developed; (ii) water total control management and the take water license of supervision implementation; (three) water efficiency control of policy regulations, and standard system construction and research, and technology and products development promotion; (four) water model project, and application pilot engineering of grants and loan discount, water type social construction, water efficiency control network construction, construction project water facilities "three while" management,;

(Five) water function district limit na dirt management, and rivers Lake library and the water to protection and management; (six) water resources monitoring system construction and water resources information collection and released, water resources emergency capacity construction and emergency event disposal; (seven) save, and protection water resources of publicity and award; (eight) Provincial Government determine of water resources reasonable development and he and water resources save, and protection and management about of matters.

Sixth chapter legal liability article 28th in violation of these regulations, as provided by laws and regulations, from its provisions. 29th article not installation measurement facilities of, by County above Government water administrative competent sector be warning, ordered deadline installation, and according to day maximum take water capacity calculation of take water and water resources fee levy standard meter levy water resources fee, at 5000 Yuan above 10,000 yuan following fine; late not installation of, can on related enterprise carried out interviews work, according to day maximum take water capacity calculation of take water and water resources fee levy standard meter levy water resources fee, at 10,000 yuan above 20,000 yuan following fine; plot serious of,

Take water permit revoked.

Measurement facilities not qualified or run not normal of, by County above Government water administrative competent sector be warning, ordered deadline replaced or repair; late not replaced or not repair of, can on related enterprise carried out interviews work, according to day maximum take water capacity calculation of take water and water resources fee levy standard meter levy water resources fee, can at 10,000 yuan following fine; plot serious of, law revoked take water license.

30th article County above Government water administrative competent sector or other about sector and staff, has following behavior one of of, by its superior administrative organ or monitored organ ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel law give administrative sanctions; constitute crime of, law held criminal: (a) on meet statutory conditions of take water application not accepted or not in statutory term within approved of; (Ii) on not meet statutory conditions of applicants issued take water application approved file or issued take water license of; (three) violation approval permission issued take water application approved file or issued take water license of; (four) on not made take water application approved file of construction project, unauthorized approval, and approved of; (five) not according to provides levy water resources fee, and unauthorized relief water resources fee, or on not meet sustained paid conditions of take water people approved sustained paid water resources fee of; (six) corruption, and occupation, and interception, and

Misappropriation or refused to pay water fees; (VII) is not used in accordance with the provisions of the water resources fee; (VIII) does not carry out its oversight responsibilities, finding violations is not investigated; (IX) other acts of abuse of authority, dereliction of duty or engages in.

The preceding paragraph (vi) of corruption, embezzlement, interception and diversion of water resources fee and refused to turn over, it shall be recovered. Seventh chapter supplementary articles article 31st these measures shall take effect on May 1, 2016. January 12, 2006 issued by the provincial people's Government of Hubei Province water resources fee collection management policy (order No. 285) repealed simultaneously.