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Water Licensing And Tibet Autonomous Region Water Resources Fee Collection Management

Original Language Title: 西藏自治区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 Tibetan Autonomous Region

(Adopted by the 13th Standing Committee of the People's Government of the Tibetan Autonomous Region on 25 June 2008 No. 85 of the People's Government Order No. 85 of 20 August 2008 for the Tibetan Autonomous Region, which was launched effective 1 January 2009)

Article 1 promotes the conservation and management of water resources and the rational exploitation of water resources, in accordance with the Water Law of the People's Republic of China, the Water Consequences and Water Resources Regulations (hereinafter referred to as the Regulations) and the Western Tibetan Autonomous Region in the implementation of the Water Law of the People's Republic of China, and develops this approach in the context of the self-government sector.

Article 2 units and individuals using water resources directly from rivers, lakes or land in administrative areas of self-government shall apply for access to water permits, in addition to the provisions of the Regulations and this approach.

Article 3. The administrative authorities of the self-government area are responsible for the implementation and monitoring of the management of organizations that have access to the water licence system throughout the area, as well as for the collection, management and monitoring of water royalties and water resources within the scope of the management authority.

In accordance with the management authority established by this approach, the water administration authorities in various regions (markets), districts (markets, areas) are responsible for the collection, management and supervision of water licences and water resources costs in the current administrative region.

Article IV governs the implementation of the water licence and water resource collection management system at all levels, and should be guided by the principles of openness, equity, justice, efficiency and people.

Article 5 shall first meet the water use of rural and urban residents, take into account the needs of farming, industrial, tourism and ecological and environmental water, maintain the sound flow of the River and the shores of the lake, groundwater, and preserve the natural cleaning capacity of the water body.

Article 6. Implementation of the water licence shall be in line with the integrated planning of water resources in national and autonomous areas, integrated watershed planning, long-term water supply planning and water functional areas; adherence to the integrated consideration of surface water and groundwater, the combination of sources and sections of the surface, the principle of drainage; and the combination of overall control and targeted management.

Article 7 Approval of the annual total amount of water for use of groundwater shall not exceed the level of extraction of groundwater within the current administrative area and should be in line with the requirements for the exploitation of groundwater. The total annual water resources approved should be made public.

Total water licence control indicators across regions (markets), districts (communes, areas) are developed by the administrative authorities of the self-government area on the basis of watersheds and regional access to water licences.

Article 8 below does not require access to water licences:

(i) Rural collective economic organizations and their members use the water ponds of the Collective Economic Organization;

(ii) The total monthly access to water for farming and urban water management networks that cannot be covered by family life and sporadic nutrients, sal livestock and poultry is not exceeding 300 cubic metres;

(iii) School water that is not covered by agricultural schools and urban water networks;

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

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

(vi) In order to combat drought, afforestation and the preservation of ecology and the environment, the need for temporary emergency water.

Article 9. Governments at all levels should take measures to enhance water management and to protect water resources. Any unit and individual have the obligation to save water and protect water resources.

Units or individuals with a strong contribution to the savings and protection of water resources are recognized and rewarded by the Government of the more than the population at the district level.

Article 10

The Executive Authority for Water in the Autonomous Region is responsible for the following water clearances:

(i) Over 10,000 cubic metres of water and 150,000 cubic metres on the day of the Yaruhib, Korang, Tang, Thankang;

(ii) Access to water for more than 1 million cubic metres and 50,000 cubic metres on rivers such as Slenghib, Lagob, ranche, slogan and maize;

(iii) Access to more than 5,000 cubic metres of water on groundwater day (a wells);

(iv) Access to water for more than 1 million cubic metres in treasury;

(v) Over 20,000 kwash and 20,000 kwash of the total hydropower;

(vi) Access to water at the cross-border (market) rivers and land (markets);

(vii) Access to water in lakes;

(viii) Access to geothermal and mined water for operational purposes.

The water administration authorities are responsible for the following water clearances:

(i) Access to more than 5,000 cubic metres and 1 million cubic metres on the day of the Yanulhib, Korang, Tang, Thanang, and Shelang;

(ii) Access to more than 5,000 cubic metres of water on rivers such as Sleng, Lagob, ranche, dioxin, cipit, and Lasa River, Nyam River, Google, Paolob, maize, etc.;

(iii) Access to more than 500 cubic metres of water on groundwater and 5,000 cubic metres (including wells);

(iv) In the tandem of more than 5 million cubic metres and 1 million cubic metres below;

(v) More than 5,000 kwa and 20,000 kW of total hydropower;

(vi) Access to water across the territorial administration.

In addition to the provisions of this article, which shall be subject to approval by the self-government zone, the territorial (communication) water administration authorities to the approval of the water licence matter, 10 cubic metres above and 5,000 cubic metres on the surface water day, and more than 8 cubic metres on groundwater and 500 cubic metres below 500 cubic metres, are to be authorized by the territorial water administration authorities.

Article 11. The unit or individual (hereinafter referred to as the applicant) for water shall apply to the approval authority granted under this scheme. Applications for the use of multiple water sources and different water access approval bodies should be submitted to the highest-level approval bodies.

Access to water approval is governed by the Regulations and the applicant shall apply to the administrative authorities of the self-government area. The administrative authorities of the self-government area shall submit their views within 20 working days of the date of receipt of the request and, together with all requests, to the watershed management body.

Article 12. The following materials shall be submitted:

(i) Applications for water licence;

(ii) Relevant statements of interest to third parties;

(iii) In accordance with article 19 of this approach, new construction, alterations, expansion projects (hereinafter referred to as construction projects) that require access to water licences should be submitted to the construction of project water resource logic reports. The water resource argument reports should include access to water sources, the rationality of water use and the impact of ecological and environmental impacts.

Article 13. The application for a water licence shall include the following matters:

(i) The name of the applicant (name), address;

(ii) For reasons;

(iii) The start and duration of water access;

(iv) Water-use purposes, water availability, and water availability for all months of the year;

(v) Water and water access sites;

(vi) Water access, measurement and water measures;

(vii) Removal of major pollutants and sewage treatment measures in water locations and back water.

The application for access to water permits was compiled by the administrative authorities of the self-government area, and the applicant was requested in the form of the application.

Article 14. More than five working days from the date of receipt of a water request shall be reviewed and processed according to the following different circumstances:

(i) To request the material to be fully received by the body;

(ii) The submission of the submission of the submissions is incomplete or the content of the application is not clear and one-time notice of the applicant's satisfaction;

(iii) Without the scope of the institution, the applicant is informed of the application of the application to the competent organ.

Article 15. The approval authority shall, within 20 working days of the date of receipt of the request for water, make decisions for approval or non-approval.

With regard to access to water from urban planning areas, the approval authority should seek the views of the urban construction authorities, and the urban construction authorities should submit their views within five working days from the receipt of the request for inputs.

The period of approval provided for in paragraph 1 of this article excludes the time required to hold hearings and to seek the views of the relevant sectors.

Article 16 should conduct a comprehensive review of the water request materials after the approval of water access requests, taking into account the impact that water is likely to have on the conservation and economic and social development of water resources. The approved water allocation programmes and the water supply are the main basis for water approval.

The quantity of water for approval shall not exceed the quantity of the water for which the water works or facilities are designed.

Article 17 considers that access to water involves public interest needs to be heard, or that the water relates to the significant stakes between the applicant and others, the applicant or the stakeholder, which may organize hearings.

In one of the following cases, the approval authority shall not be granted and shall, in writing, inform the applicant of the grounds and basis for non-approval:

(i) To apply for access to groundwater in the area of groundwater ban;

(ii) Increase access to water in areas where the total amount of water licence has been obtained;

(iii) Possible adverse impacts on the use of functional, ecological and environmental functions in water functional areas;

(iv) There is no reasonable reason for accessing water and releasing water;

(v) When urban public water management networks are able to meet water needs, construction projects have access to groundwater for water-dependent facilities;

(vi) It may cause significant damage to third parties or to the public interest;

(vii) Other cases provided for by law, regulations.

Article 19 Upon approval by the Approval Body, the applicant may wish to build water engineering or facilities. The construction project, which is subject to approval by the self-government zone, is not approved by the water request, and the project authorities shall not approve and approve the construction project.

In three years after the approval of the water request, no construction of water works or facilities is required for approval or approval by the State or the self-government area, approved construction projects have not been approved for approval and approval by the State or the self-government area and for the approval of the water request for approval.

There has been a significant change in water access in construction projects, and construction units should re-establish the project water resource argument and reapproperate water.

Upon completion of the water engineering or facility, the applicant shall, in accordance with the provisions of the administrative authorities of the self-government zone, submit to the water approval body the relevant material such as access to water works or the installation pilot operation; experience is qualified to receive a nuclear water licence by the approving authority.

Direct use of already existing water works or facilities for access to water is granted by the approval authority to obtain water permits.

Article 2 provides for an effective period of five years, up to 10 years. The expiry of the period of effectiveness will require the continuation of the decision to be taken by the competent organ prior to the expiration of the effective period of 45, or by the individual, by submitting an application to the original approval authority.

Article 23. The acquisition of water units or individual requests for changes in the matter contained in the water licence shall apply to the original approval authority for the processing of the change procedure, with the approval of the original approval authority.

Article 24, within the time period of effectiveness of access to water licences, has resulted in savings of water resources by the water units or individuals through the adaptation of product and industrial structures, reform processes, and water, which may be transferred in accordance with the relevant national regulations and procedures for obtaining changes in water.

Article 25 states that, in one of the following cases, the approval authority may limit the annual water consumption of the water units or individuals:

(i) For natural reasons, water resources cannot meet normal water supply in the region;

(ii) The impact of water access, water removal and water on the use of functional, ecological and environmental functions in water functional areas;

(iii) Geological hazards such as heavy groundwater overtake or ground sediment due to groundwater mining;

(iv) Other special circumstances requiring limitations on access to water.

In the event of major droughts, the approval authority may impose urgent restrictions on access to water units or individuals.

In accordance with paragraph 1, the approval body shall need to limit the annual availability of water from the water units or individuals, and shall notify the water units or individuals in a timely manner prior to the imposition of the restrictions.

Article 26 Access to water units or individuals shall report to the approval body on actual water access for the year by 31 December of each year and recommendations for the next annual water access plan.

Approval bodies should reproduce the use of groundwater by year to the same-level land resource authorities and transmit the use of groundwater in urban planning areas to the same urban construction authorities.

In accordance with national technical standards, water access units and individuals should be installed in accordance with national technical standards and to ensure the proper operation of water measurement facilities.

Without the installation of water measurement facilities or the absence of a timely replacement of damaged water measurement facilities, more than the district-level water administration authorities should be responsible for the installation or replacement of water units or personal deadlines.

Article 28 units and individuals with access to water permits shall pay water resources in accordance with the criteria set out in the schedule of the scheme and shall receive water in accordance with the approved annual water access plan or the amount specified.

The approval authority shall be responsible for the change of its deadline or for the repayment of water resources in excess of planned or over-determined amounts. More than 30 per cent of the above-planned water is calculated, with the exception planned for water prices plus a factor of one to three times higher than the cost of water; over 30 per cent and 60 per cent of the over-planned water, which is more than 60 per cent; and over 60 per cent of the over-planned water is spent on water costs.

Article 29 Water resources costs are charged by the Water Approval Body. No unit or individual shall be charged by the water approval body.

The Water Approval Body for the collection of water resources costs should hold a fee licence granted by the price authorities and harmonize the use of royalties produced by the financial sector of the self-government area. The water resources collected were fully donated.

The standard of water costs is adjusted in due course by the Authority's price authorities, the financial sector, the water administration authorities, in accordance with factors such as water resources use, affordability and economic and social development in the self-government area. No unit or individual shall be allowed to change the water resource charges.

Article 31 Water resources costs are charged by year. After the Water Approval Body determines the amount of payment of water resources, it should send a notice to the water receipt unit or to individuals for the payment of water resources. Water receipt units or individuals shall pay water resources within 7 days of the date of receipt of the notification of water resources.

Article 32, or individuals who are unable to pay their water resources due to special hardships, may apply for deduction to the water administrative authorities that have issued a notice, within 15 days of receipt of a notice of the payment of water resources; the water administration shall take written decisions within five working days from the date of receipt of the request for a suspension and inform the applicant that the applicant has not been decided. The time limit for the payment of water resources shall not exceed 90 days.

Article 33 is one of the following cases where the approval authority can count water receipts on the basis of the water engineering or facility's largest access to water or the water licence approved for the extraction of water by the water supply unit or by the individual:

(i) No water measurement facility has been installed by water units or individuals within the prescribed time frame;

(ii) Access to water measurement facilities cannot operate properly;

(iii) Access to water units or individuals does not provide access to water data, or the availability of water data is not authentic;

(iv) Removal of water measurement facilities.

Article 34 provides for water resources costs for the following:

(i) The development of programmes such as water resource surveys, evaluation, planning and the development of standards such as supply and demand plans, water allocation programmes, water supply targets;

(ii) Water resources monitoring and rivers, lakes and groundwater quality monitoring;

(iii) Sound development and use of water resources;

(iv) Scientific research on water and water resources conservation, applications of new technologies, new processes, new materials and extensions;

(v) Water resource management.

More than XV water administrative authorities at the district level, the financial sector, the price authorities and the auditing sector should strengthen the oversight management of water resource costs. The water administration authorities, the financial sector and the audit sector have found that the excess of royalties and the non-compliance with the use of water resources should be stopped in a timely manner and punished accordingly by law.

Article XVI provides for the payment of water resources for hydropower enterprises, which is otherwise provided by the Government of the self-government.

Article 37 above shall monitor the collection of water licences and water resource fees. In conducting oversight inspections, the following measures may be taken:

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

(ii) To request the inspectorate or the individual to provide clarifications on the implementation of the Regulations and the methodology;

(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 the Regulations and the scheme and to fulfil its statutory obligations.

An effective administrative law enforcement document should be presented by the supervisory inspector at the time of the inspection. 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 338

Article 39 held legal responsibility in accordance with the relevant provisions of the Water Law of the People's Republic of China, the Regulations and the Western Tibetan Autonomous Region for the implementation of the Water Law of the People's Republic of China.

Article 40 of this approach refers to the number of “more than” and does not include the number.

Article 40 The application of the water licence regime in the Tibetan Autonomous Region, issued by Decree No. 26 of the People's Government of the Autonomous Region on 1 March 2000, was also repealed.

Annex

Annex

 

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Equatorial Guinea

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0.002 RUTE/000wahours

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ADB ADRE HOSTITUATION 3.0

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