深圳经济特区河道管理条例
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深圳市人大常委会公告第73号 Regulations of the Shenzhen Special Economic Zone on River Course Administration was adopted and promulgated by the Twenty-Eighth Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on December 4, 1998, and shall take effect as of March 1, 1999. Regulations of the Shenzhen Special Economic Zone on River Course Administration (Adopted at the Twenty-Eighth Meeting of the Standing Committee of the Second Shenzhen Municipal People’s Congress on December 4, 1998) Article 1 In order to strengthen river course administration, ensure safety in flood and tide control, bring the comprehensive benefits of river courses into play, improve environment, and protect both economic construction and safety of people’s lives and property, these regulations are hereby formulated in accordance with the related rules of law, administrative regulations, and in the light of the specific conditions of this city. Article 2 These regulations apply to administrating river courses, dikes for flood and tide control, and flood storage areas. The administrative rules governing navigation channels shall apply to the navigation channels within river courses at the same time. Article 3 The limits of the areas under river course administration shall be designated as follows: the area with dikes includes waters, shoals, beaches, flood drainage between dikes of both banks as well as dikes and the field for dike-protection; the area without dikes includes waters, shoals, beaches, and the field within 25 meters out of both existent banks. Article 4 The administrative department of the municipal people’s government in charge of water affairs (hereinafter referred to as the municipal water department) shall be the responsible department for river course administration in this city. The municipal water department shall be responsible for administering the river courses within the Shenzhen Special Economic Zone; the department of the district people’s government in charge of water affairs (hereinafter referred to as the district water department) in the area where the river courses out of the Special Zone is located shall be responsible for administering these river courses under the direction of the municipal water department; as for the interdistrict river courses, there shall be division of labor in administration coordinated by the municipal water department. The measures on administering the boundary rivers between the Shenzhen City and circumjacent regions and the intercity rivers shall be reported by the municipal people’s government to the people’s government at higher level for confirmation. Article 5 Within an area under river course administration, roads, fish ponds, green belts, harbors, etc., shall be administered by the related departments of transportation, agriculture, urban management, harbor affairs, etc., according to their respective functions, but such administration shall not obstruct the unified administration by the water department according to the needs of river courses. Article 6 The municipal water department shall be responsible for making a plan for river courses control which shall be integrated into the city’s overall planning after being examined and approved. River courses control shall be done in the light of the needs of urban development, bring afforestation, beautification, water-pollution prevention into line with the control plan, and implement them simultaneously. The funds for river course control shall be provided according to the related rules of the state. Article 7 The field for dike-protection shall be designated according to the following principles: (1)8 or 15 meters extending from the slope foot line inside dike; (2)20 to 30 meters extending from the slope foot line inside dike for the field for dike-protection designated to protect 10,000 to 50,000 mu of farmland; (3)30 to 50 meters extending from the slope foot line inside dike and 50 to 80 meters extending from the slope foot line outside dike for the field for dike-protection designated to protect the sea walls in the west of Shenzhen and the mouth of the Pearl River and also for the field for dike-protection designated to protect the sea walls for flood and tide control. The field for dike-protection shall include a passageway of no less than 4 meters for emergency salvage in flood and tide control. Article 8 To construct engineering works (including constructing of bridges, docks, roads, culvert gates, pump stations, and other engineering works, and laying of pipelines, cables) within an area under river course administration, it shall meet the standards of flood control for river courses, water front planning, and the requirements of navigation channels, ensure flood drainage unblocked, and bring no detriment to the safety of dikes and stability of river force. It shall be forbidden to build a house within an area under river course administration. Article 9 To construct engineering works within an area under river course administration, the unit in charge of construction shall report its construction plan to the municipal or district water department for examination and approval. The municipal or district water department shall complete the examination within 20 days from the date of receiving the application, and reply to the applying unit in writing. After the examination and approval of the municipal or district water department, the unit in charge of construction shall go through the formalities with the related departments by reporting the construction according to the rules. Article 10 To construct engineering works within an area under river course administration, it shall accept the municipal, district water departments’ supervision. If there is any relatively major change in the nature, scale, location of the projects of these works or in working plans, it shall have approval of the municipal or district water departments in advance. If works are under construction during flood season, the unit in charge of construction and the unit undertaking construction shall take corresponding measures of flood control in accordance with the arrangements made by the municipal, district water departments. Article 11 Either the municipal or district water department shall participate in the examination and acceptance of completed engineering works, the unit in charge of construction shall submit the related documents and data to the municipal or district water department 15 days ahead of the date of the examination and acceptance. Article 12 If construction of engineering works has caused damages to water engineering facilities or silting up in a river course, the municipal or district water department shall order that the unit in charge of construction do repairing according to the original technical standards by a deadline or silt-dredging; if repairing and dredging has not been done after the deadline, the municipal or district water department shall organize repairing and dredging, and the required expenses shall be assumed by the unit in charge of construction. If the failure of the unit in charge of construction to do repairing and dredging has caused the other party’s loss, the unit shall be held liable for compensation. Article 13 If temporary occupancy of waters and land within an area under river course administration is indeed necessary for construction of engineering works, it shall have approval from the municipal or district water department, but it shall not be allowed to construct temporary buildings, structures. The term of temporary occupancy shall not be more than 2 years; if extension is indeed necessary, an application may be filed only once, the extension shall not be more than 1 year. When the term of occupancy is ended, occupying unit or individual shall restore the original state by a deadline prescribed by the municipal or district water department; if restoring has not been done after the deadline, the municipal or district water department shall arrange restoring, and the required expenses shall be assumed by the occupying unit or individual. Article 14 Operating within an area under river course administration shall have approval from the municipal or district water department, and comply with the arrangements made by the water department, excavating of sands and earth shall be done in accordance with the related rules of the municipal government. Article 15 River courses shall not be covered or filled and blocked. If it is indeed necessary to cover or fill and block a river course for the urban development, it shall be examined and approved by the municipal water department jointly with the municipal departments of land planning, environmental protection, urban management, etc., and reported to the municipal government for approval. For a river course approved by the municipal government to be covered, the municipal or district water department shall organize silt-dredging according to how the river has been silted up, the expenses increased because of dredging shall be assumed by the unit in charge of covering. If filling and blocking a river course needs an adjustment of the river system, the required expenses shall be assumed by the unit in charge of filling and blocking. Article 16 If river course control needs to occupy land, the department of land planning shall find a solution by accommodating; the usable land increased because of river course control shall be arranged by the department of land planning in accordance with the plan of urban land use. Article 17 The following acts shall be forbidden within an area under river course administration: (1)placing an obstacle to block flood draining or enclosing land for cultivation and growing plants to block flood draining; (2)piling or dumping spare mud and residual earth, and other solid waste or objects which block flood draining; (3)piling, dumping, burying, or discharging matters which pollute waters; (4)washing the articles which pollute waters such as the vehicles, containers, etc., which have been loaded with oil or noxious matters; (5)the other acts to block flood draining in a river course. Article 18 To build or extend a waste discharging outlet, it shall be reported to the department of environmental protection for examination and approval before which the water department shall be consulted; the flow, quality of discharged waste water shall be reported regularly to the department of environmental protection, and the department of environmental protection shall forward the information on waste water discharging to the water department regularly Article 19 The administrative department in charge of transportation shall set up navigation-supporting facilities such as navigation marks, etc., in the navigable section of a river course based on the needs. In order to maintain the safety of the dikes on both banks of a river course, the department in charge of transportation shall set up the speed-limit marks in the river courses open to navigation, ships in navigating shall not exceed the speed limit. Article 20 Annual maintenance fees of river courses and dikes for flood control shall be assumed at different levels, according to the principle of the unity of power over operation and power over financial affairs, and entered into the different localities’ budgets of fiscal year. Article 21 The municipal, district water departments may collect fees for construction, maintenance, and management of engineering works from the industrial and commercial enterprises within the area benefited from dikes, sluices, and the engineering works for flood control and draining, as for the specific areas, standards, and methods to collect fees, they shall be worked out by the municipal government. Article 22 The fees for construction, maintenance, and management of engineering works shall have a special account, and the special fund for construction, maintenance, and management of dikes, sluices, and the engineering works for flood control and draining shall not be misappropriated. The revenue and expenditure of the fees for construction, maintenance, and management of engineering works shall be supervised and audited by the auditing department. Article 23 If any engineering works have been started to construct within an area under river course administration without approval, the municipal, district water departments shall order stopping construction, going through the related formalities which have not been complied with, and impose also a fine of more than 10,000 but less than 30,000 RMB; if the works have failed to meet the requirements of Article 8 of these regulations, a deadline shall be set for restoring the original state, no approval for construction shall be given again, and a fine of more than 10,000 but less than 30,000 RMB shall be imposed. If approved engineering works have failed to comply with the requirements of the examination and approval notice in construction, the municipal, district departments shall order correction by a deadline. Article 24 In case of violation of the first section of Article 15 of these regulations, the water department shall order restoring the original state by a deadline, and impose a fine of more than 100,000 but less than 150,000 RMB; if restoring has been still rejected after the deadline, the water department shall organize restoring, and the required expenses shall be assumed by the unit in charge of covering or filling and blocking. Article 25 In case of violation of Items (1) or (2), (5) of Article 17 of these regulations, the municipal, district water departments shall propose a plan to remove obstacles and a working schedule, order removing by a deadline; if removing has not been done after the deadline, the municipal, district water departments shall organize removing, the required expenses shall be assumed by the violator unit or individual, and a fine of more than 10,000 but less than 30,000 RMB shall be imposed. Article 26 In case of violation of Item (3) or (4) of Article 17 and Article 18 of these regulations, the municipal, district water departments shall stop violation, and report to the department of environmental protection which shall punish according to law. Article 27 If there is damage to dikes or the works to protect banks caused by excavating earth, opening a breach, digging a hole, ditching on the dikes of river courses or the field of dike-protection, and by lowering the top of a dike or other operation without authorization, the municipal, district water departments shall order that the party concerned immediately stop illegal acts, take the corresponding remedial measures, restore the original state by a deadline, and be fined by more than 5,000 but less than 10,000 RMB; if there is a loss, the party concerned shall be held liable for compensation; if there is a crime committed, the judicial department shall investigate into the criminal responsibility according to law. Article 28 If anyone opens and closes a culvert gate of dike for flood and tide control without authorization or damages it, misappropriates, steals equipments and materials for flood control and salvage, and damages installations of communication, lightening, and observation for flood control or various survey marks, this person shall be held liable for compensation and fined by more than 1,000 but less than 5,000 RMB; if there is a crime committed, the judicial department shall investigate into the criminal responsibility according to law. Article 29 If man-made soil erosion leads to silting up in a riverbed, raising water level, and jeopardizing the safety in flood control, the municipal, district water departments shall order that the party concerned remove the silt and dredge the river course by a deadline; if silt-removing has not been done after the deadline, the municipal, district water department shall organize silt-removing, the required expenses shall be assumed by the party concerned, and a fine of more than 50,000 but less than 100,000 RMB shall be imposed. Article 30 If the party concerned has refused to accept the decision of penalty and settlement, an application for review may be filed to the administrative office at higher level with jurisdictional power within 15 days from the date of receiving the decision; if the review decision has been refused to accept, legal action may be taken at the people’s court within 15 days from the date of receiving the notice of review decision. The party concerned may also take legal action directly at the people’s court within 15 days from the date of receiving the decision of penalty and settlement. If the party concerned has failed either to apply for review or to take legal action at the people’s court, and refused to carry out the decision of penalty and settlement at the same time, the decision-making office shall apply to the people’s court for enforcement. Article 31 If anyone of the personnel of river course administration has neglected duties, abused power, practiced favoritism and engaged in irregularities, the unit which this person is affiliated with or the responsible office at higher level shall impose disciplinary sanction; if there is a resultant major loss for the state and people in terms of lives and property to constitute a crime, the judicial department shall investigate into the criminal responsibility according to law. Article 32 These regulations shall take effect as of March 1, 1999. |
