Liaoning Province Water Licensing And Implementation Measures For The Management Of Water Resources Fee Collection

Original Language Title: 辽宁省取水许可和水资源费征收管理实施办法

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(On January 5, 2007 Liaoning Province Government 69th times Executive Conference considered through on January 16, 2007 Liaoning Province Government makes No. 201, announced since on May 1, 2007 up purposes) first article to strengthening water resources management and protection, promote water resources of save and reasonable utilization, according to State take water license and water resources fee levy Management Ordinance (following referred to State Ordinance), about legal, and regulations, combined I province actual, developed this approach.
    Article in the use of water within the administrative area of the province works or facilities that take water directly from rivers, lakes or underground resources, these measures shall apply.
    Third of provinces, cities and counties (including County-level cities and districts, the same below) Department of water administration in accordance with the provisions of the administrative rights, responsible for water examination and approval and supervision.
    Water Administrative Department, Finance Department and administrative rights on the pricing departments in accordance with the provisions, responsible for water resources fee collection, management and supervision.
    Fourth article in addition to the State Council Ordinance the fourth case, water unit or individual shall apply for water licences, pay a fee for water resources.
    Family life and sporadic feeding, captive animal drinking, years below 1000 cubic meters of water at, need not apply for water licences. V article has State Ordinance fourth article subsection (three) items and subsection (four) items provides of emergency take water case of take (row) water units or personal, should himself (row) water of day up 3 a days within, will following matters to has approval right of water administrative competent sector record: (a) take (row) water units or personal of name, and address; (ii) take (row) water starting time, and locations; (three) take (row) water purpose, and take (row) water; (four) drainage in the by containing main pollutants, and
    Sewage treatment measures and the possible impact of.
    Water Conservancy administrative departments to record matters should be reviewed in a timely manner, do not belong to the emergency access (platoon) of water, it shall notify the filing applications for water licences.
    To protect the mine and underground construction safety, production safety and regular drainage should be applications for water licences, pay a fee for water resources. Article sixth of the regulations of the State Council of the fourth paragraph (e) under the circumstance of the water unit or individual shall make application to the water conservancy administrative departments with the approval authority.
    Water Conservancy administrative departments shall, from the date of receipt of the application within 3 working days to make decision on whether to agree to its water; overdue decision, agrees.
    Seventh units or individuals applying for water (hereinafter applicant) shall make application to the water conservancy administrative departments with the approval authority.
    Applications use a variety of sources, and a variety of different sources of the approving authority shall apply to the approval authority at the highest level; water water works or installations of applications use more than one, should be in accordance with the General design scheme of project a one-time application.
    Water permit grading and approval of eighth.
    Following take water except belongs to national approval permission outside, by province water administrative competent sector approval: (a) province tube reservoir and other province tube water engineering take water; (ii) capacity 50 MW above of hydropower station take water; (three) day average take old hahe, and Yalu River, and hunjiang, and AE, and Dragon River, and liaohe, and East liaohe, and West liaohe, and liuhe, and around Yang, and qinghe, and chaihe, and river, and taizi River, and big liaohe, and ocean river, and big Ling he and small Ling he of river surface water (not containing hydropower station take water, with) 10000 cubic metres above;
    (Iv) the average daily take more than 10000 cubic meters of underground water (v) across the city for water.
    Following take water by city water administrative competent sector approval: (a) city tube reservoir and other city tube water engineering take water; (ii) day average take second paragraph subsection (three) items by column River surface water 3000 cubic metres above, and 10000 cubic metres following and in other river take surface water 3000 cubic metres above; (three) day average take groundwater 3000 cubic metres above, and 10000 cubic metres following; (four) across County take water and cities city built district take water not over province water administrative competent sector approval permission of.
    Except as provided in the second and third paragraphs of other water, approved by the County Water Conservancy Administrative Department. Nineth water conservancy administrative departments to access to groundwater in the urban planning area of water application, shall solicit the views of urban construction departments.
    Points made by urban construction departments should include the public water supply network of the city can meet your needs, whether to comply with the overall urban construction plan, and so on.
    Tenth in the groundwater and seawater intrusion area, drinking water source protection areas and transportation, energy and other infrastructure protection within the water and other water involving public interests, shall be announced to the public, and hold a hearing.
    The 11th water conservancy administrative departments of the State Council Ordinance article 20th case of water shall not be approved.
    The 20th article of the regulations of the State Council (d) provided, including the water covered the original all-water aquifer water geothermal air conditioning.
    12th permission approval authority shall, in accordance with the provisions of article acceptance and approval decisions shall not be ultra vires to receive and approve does not belong to this level acceptance and approval range of matters.
    Superior water conservancy administrative departments found that water conservancy administrative departments at lower levels exceeding accepted, illegal approval and should be corrected in a timely manner. 13th water intake after the application is approved, applicants may construction of water works or facilities.
    Construction project in the of following take water matters has larger change of, should again for construction project water resources argument, and again proposed take water application: (a) take water purpose, and take water; (ii) water and the take water locations; (three) take water way, and water measures; (four) back water locations and back water in the by containing main pollutants and sewage processing measures; (five) State water administrative competent sector provides of other matters.
    14th water works or facilities are completed, the applicant shall submit to the approval authority in accordance with the relevant provisions of the State water project or facility operation and other related materials, the approval authority shall, from the date of receipt of the related materials organized within the 20th and acceptance; acceptance, by the approval authority for the issuance of the water licence.
    Units and individuals obtain a water permit (hereinafter referred to as water), before engaging in-water activities.
    15th junior water conservancy administrative departments should use this level and water licenses issued since the date submitted in the 10th level on the water conservancy administrative departments; superior water conservancy administrative departments should use this level and water licenses issued since the date notified water intake located in the 10th district water conservancy Administrative Department.
    Water Conservancy administrative departments shall be announced to the society on January 30 of each year on the annual water licenses. 16th-water water shall, in accordance with permit conditions for water.
    Changes in water conditions, it shall go through the procedures of alteration; duration of change-water, water, water use water, take the water back, back, back water and source water type, should re-apply for water.
    17th water people taking water shall, before December 31 of each year to the approval authority this year for water statistics and water plan next year.
    Water examination and approval authority shall, before January 31 of the next year to take water issued annual water plan, copied to the location of the water intake and water conservancy Administrative Department. 18th intake shall be issued in accordance with the approval authority annual water planning for water. Super plans or Super fixed take water of, on beyond part according to following provides progressive charged water resources fee: (a) super plans or Super fixed 5% following of, according to water resources fee levy standard of 1.5 times times charged; (ii) super plans or Super fixed 5% above, and 10% following of, according to water resources fee levy standard of twice times charged; (three) super plans or Super fixed 10% above, and 20% following of, according to water resources fee levy standard of 2.5 times times charged; (four) super plans or Super fixed 20% above, and
    30% the following, according to the water resources fee collection standards charged 3 times (v) super plan or the fixed 30% above, according to the water resources fee collection standard charge 4 times. 19th water intake of water resource fees paid in agricultural production, agricultural water quota in excess of provincial Government formulated and promulgated as a starting point.
    Peasant family life-water and livestock water intake to exceed the limit prescribed by the second paragraph of this article fourth as a starting point.
    On agricultural production and farmers family life and livestock water, suspension of collection of water charges.
    20th pay specific amounts of water resources by the water conservancy administrative departments according to the water resources fee collection standards and the actual quantity of water OK. The water recorded the actual quantity of water measuring facilities.
    Is not installed or the installation of the facilities do not meet the quality standards of measurement or metering facilities not functioning, according to water engineering, facility design maximum daily water intake or the equipment nameplate ratings for maximum water capacity water intake. Water shall be installed in compliance with the statutory standard of 21st of water metering facilities.
    Install metering facilities do not currently have the water in agricultural production, the provincial water conservancy administrative departments according to the different conditions water accounting methods, submitted to the provincial people's Government for the record, and when the provincial government decided to introduce to the public.
    Fire-water facilities, as well as other to eliminate public safety or harm the public interest in the construction of water facilities, should install water metering facilities. 22nd river water should be served by the Administrative Department of water resources fee payment notices. Water shall receive payment notification form within 7th day of water resources fee paid into the nominated Bank.
    Administrative Department for water water present the proof of payment issued by a bank to issue water resources fee private bills.
    Water resources fee payment notice format the text produced by the provincial water conservancy administrative departments.
    23rd article in the context of water transport in the reservoir project, cross-Strait between levee (no levee, from the channels on each side 500 m or bounded by river floodplain area) to fetch water, part of the replenishment of the reservoir, water should pay water to the reservoir management unit, pay a fee for water resources centrally by the reservoir management unit.
    Reservoir supplies some water, calculated in accordance with the following provisions: (a) the surface water, to calculation of the actual quantity of water during reservoir water supply; (b) the groundwater from hydrological institutions have legal qualifications assessment, supply is measured and reported to the reservoir's water permit approval authority for confirmation.
    First paragraph and second paragraph of reservoir water supply and water supply coverage period, determined by the reservoir's water licensing approval authorities. 24th annual agricultural production and water resources fee to pay industrial water and other water resource fees paid by the month.
    Water people can't pay because of special difficulties, in accordance with the 34th article of the Ordinance provides for the implementation of the State Council.
    The 25th by the approval authority responsible for water resources fee levy.
    Municipal water conservancy administrative departments may consider this level of water resources fee levy commissioned the levy County Water Conservancy administrative departments unless the provincial reservoirs and other provincial water supply project of water resource fees, provincial water conservancy administrative departments may consider this level of water resources fee levy, delegate to the municipal or County is imposed by the water conservancy Administrative Department.
    Entrusted by the water conservancy administrative departments shall not delegate will matter more delegates.
    Any unit and individual is prohibited water resources fee relief.
    26th article except national another has provides outside, levy of water resources fee according to following provides solutions paid: (a) County levy (including delegate part) of water resources fee, respectively according to 10%, and 30% of proportion paid market level Treasury and provincial Treasury, remaining part paid into County Treasury; which minority autonomous and provincial Government determine of poverty development focus County levy of water resources fee, full paid into County Treasury.
    (Ii) city level levy of city tube water water resources fee, according to 30% of proportion paid into provincial Treasury, remaining part paid market level Treasury; levy of other water resources fee (including delegate part), respectively according to 30%, and 10% of proportion paid into provincial Treasury and take water mouth location County Treasury (not containing take water mouth location not set County water administrative competent sector of area, with), remaining part paid market level Treasury.
    (C) provincial province levied on reservoirs and other provincial water supply project water resources fee paid in full into the provincial Treasury; other water resource fees are levied in accordance with 60%, 20% over to the water intake of the provincial Treasury and Treasury of the County, with the remainder over to the water intake is located the municipal Treasury.
    27th article levy of water resources fee should for following water resources of save, and protection, and management and development work: (a) water resources of survey, and evaluation, and monitoring and planning; (ii) save water technology, and new process, and new equipment of development and promotion, water fixed and water technology standard of research, and developed and amendment; (three) water resources development and the soil and water conservation engineering construction; (four) water resources research and international domestic technology exchange and cooperation; (five) water resources policy regulations of developed and publicity;
    (F) the water administration and law enforcement and the mediation of disputes; (VII) water resources management, conservation, protection of advanced units and individuals in the award, (h) and water resources conservation, protection, management, and other development-related work.
    28th article provincial levy of province tube reservoir and other province tube water engineering and the hydropower station of water resources fee, according to not below total 50% of proportion for water engineering and hydropower station upstream area of water resources save, and protection and management work; city, and County paid into provincial Treasury of water resources fee, according to not below total 50% of proportion for city, and County water resources save, and protection and management work. 29th water resources fee levy included in the budget, the implementation of two lines of income and expenditure.
    Water resources of water conservancy administrative departments shall, in accordance with the annual fee budget provisions and prepare annual expenditure budget of water resource fees, financial departments at the same level in accordance with the prescribed procedures audit approval before implementation.
    No unit or individual may seize, intercept or misappropriate funds of water resources fee.
    Article 30th water Administrative Department shall, within their respective administrative areas supervise and inspect the implementation of the water licensing systems; water conservancy administrative departments, financial departments and authorities should supervise the implementation of water resources within their respective administrative areas fee payment check auditing organs of water resource fees should be using and management of supervision through auditing. Conducting supervision and inspection, shall produce their certificate of administrative law enforcement.
    Inspected unit and individual shall cooperate and truthfully provide relevant materials, and may not refuse or obstruct.
    31st article violation this approach, has following behavior one of of, by water administrative competent sector in accordance with People's Republic of China water 69th article provides punishment: (a) unauthorized take water of; (ii) over take water term take water of; (three) unauthorized change take water uses of; (four) unauthorized change take water, and back water locations or back water way of; (five) unauthorized increased take water, and back water of.
    Unauthorised shall be charged in accordance with its quantity of water of water resource fees.
    32nd breach of other provisions in these procedures, in accordance with the regulations and the provisions of relevant laws and regulations of the State Council. 33rd article this way come into force on March 1, 2007.
                  Provincial Government released on December 28, 1987, of the interim measures for the administration of water resources fee collection in Liaoning province and Liaoning province, released on October 6, 1994, the detailed rules for the implementation of the water licensing system, abolished at the same time.

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