中华人民共和国防洪法 FLOOD CONTROL LAW OF THE PEOPLE'S REPU
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(Adopted at the 27th Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1997, and promulgated by Order No. 88 of the President of the People's Republic of China on August 29, 1997) Contents Chapter I General Provisions Chapter II Flood Control Planning Chapter III Control and Prevention Chapter IV Administration of Flood Control Areas and Flood Control Works Chapter V Flood Control and Flood Fighting Chapter VI Guarantee Measures Chapter VII Legal Liability Chapter VIII Supplementary Provision Chapter I General Provisions Article 1 This Law is enacted with a view to preventing and controlling flood, taking precautions against and alleviating calamities by flood and waterlogging, maintaining the safety of people's lives and property, and safeguarding the smooth progress of the socialist modernization construction. Article 2 The work for flood control shall observe the principles of unified planning, overall consideration, focusing on prevention, integrated measures for treatment and subordinating local interests to general interests. Article 3 The construction of flood control works should be incorporated into the national economic and social development plan. Flood control funds shall be raised according to the principle of combining government input with rational payment by beneficiaries. Article 4 The exploration and protection of water resources should be subject to the overall arrangements for flood control and observe the principle of combining the promotion of advantages with the elimination of disadvantages. The control of rivers and lakes and the construction of flood control works should conform to the comprehensive plans for river basins and be integrated with the comprehensive exploration of water resources in river basins. The comprehensive plans referred to in this Law mean those for the exploration of water resources and the prevention and control of water disasters. Article 5 The work for flood control shall be carried out in the light of river basins or administrative areas and according to a system by which unified planning shall be implemented at different levels and consideration given to the administration of river basins as well as the administration of administrative areas. Article 6 All units and individuals shall have the obligations to protect flood control works and to take part in flood control and flood fighting according to law. Article 7 People's governments at all levels should intensify the unified leadership over the work for flood control, organize departments and units concerned, mobilize social forces, depend on scientific and technological progress, harness rivers and lakes in a planned way and take measures to enforce the construction of flood control works in order to consolidate and enhance flood control capacity. People's governments at all levels should organize departments and units concerned and mobilize social forces to ensure flood control and flood fighting and reconstruction and relief work after flood or waterlogging calamities. People's governments at all levels should lend support to flood storage and detention areas and provide compensations and aids according to the state provisions after flood storing and detaining. Article 8 The water conservancy administrative department under the State Council shall, under the leadership of the State Council, be responsible for routine duties of organization, coordination, supervision and guidance for flood control nationwide. River basins administrative agencies set up by the water conservancy administrative department under the State Council for major rivers and lakes as designated by the state shall perform duties of coordination, supervision and administration of flood control within their jurisdiction as provided for by laws and administrative regulations and authorized by the water conservancy administrative department under the State Council. The construction administrative department and other relevant departments under the State Council shall, under the leadership of the State Council, be responsible for relevant work of flood control within their scope of powers and duties. Water conservancy administrative departments under local people's governments at or above the county level shall, under the leadership of the people's governments at the same level, be responsible for routine duties of organization, coordination, supervision and guidance for flood control within their respective administrative areas. Construction administrative departments and other relevant administrative departments under local people's governments at or above the county level shall, under the leadership of the people's governments at the same level, be responsible for relevant work of flood control within their scope of powers and duties. Chapter II Flood Control Planning Article 9 Flood control planning refers to the overall arrangement for the prevention and control of flood and waterlogging calamities in a certain river basin, river course or region, including river basin flood control planning for major rivers and lakes designated by the state, flood control planning of other rivers, river courses and lakes as well as regional flood control planning. Flood control planning should be subject to the comprehensive planning of a certain river basin or region. Regional flood control planning should be subject to the flood control planning for a certain river basin. Flood control planning constitutes the basis for the control of rivers and lakes and the construction of flood control works. Article 10 Flood control planning for major rivers and lakes designated by the state shall, in accordance with comprehensive river basin planning for these rivers and lakes, be formulated by the water conservancy administrative department under the State Council in conjunction with other relevant departments and the people's government(s) of the province(s), autonomous region(s) and municipality(s) concerned directly under the Central Government, and submitted to the State Council for approval. Flood control planning for other rivers, river courses and lakes or regional flood control planning shall, separately in accordance with comprehensive river basin planning and comprehensive regional planning, be formulated by water conservancy administrative departments under local people's governments at or above the county level in conjunction with other relevant departments or regions, submitted to the people's governments at the same level for approval and then submitted to the water conservancy administrative departments under the people's governments at the next higher level for the record. Flood control planning for rivers, river courses or lakes involving two or more provinces, autonomous regions and municipalities directly under the Central Government shall be drafted by the administrative agency for the relevant river basin in conjunction with the water conservancy administrative departments and other relevant departments under the people's government(s) of the province(s), autonomous region(s) and municipality(s)directly under the Central Government wherein the river, river course or lake drains water and, after the people's government(s) of the province(s), autonomous region(s) and municipality(s)involved directly under the Central Government examines it and comes up with comments, be submitted to the water conservancy administrative department under the State Council for approval. Urban flood control planning shall, in accordance with the river basin flood control planning and the regional flood control planning of the people's government at the next higher level, be formulated by the water conservancy administrative department, the construction administrative department and other relevant administrative departments under the people's government of a city which shall organize those administrative departments in the formulation of the planning, and be included into the overall urban planning subject to approval through the examination and approval procedures stipulated by the State Council. Amendment to flood control planning should be subject to the approval from the original approval organ. Article 11 The formulation of flood control planning should, following the principle of ensuring key projects and considering others at the same time, and integrating flood control with drought fighting, engineering measures with non-engineering measures, take full account of the flood-drought law, the relation of the upper and lower reaches and of both banks of a river, and the requirements for flood control in the national economy, and be coordinated with the national land planning and the overall land use planning as well. Flood control planning should include the protected objects, aims and tasks of flood control, flood control measures and action plans, delimit the flooded area, the flood storage and detention area and the flood control protected area, and determine the principle for use of the flood storage and detention area. Article 12 Local people's governments at or above the county level in coastal areas which are threatened by storm tides should include the prevention of storm tides into the flood control planning within their respective areas, strengthen the construction of systems of anti-storm tides works including sea walls (sea dykes), tidewater gates and coastal shelter-forest, and supervise the design and construction of buildings and constructions that should meet the requirements for the prevention of storm tides. Article 13 Local people's governments at or above the county level in areas where mountain torrents may trigger landslides, collapses and mud-rock flows and in other area where mountain torrents frequently occur should organize the departments in charge of geological and mineral administration, water conservancy administrative departments and other relevant departments to conduct a general investigation on hidden dangers of landslides, collapses and mud-rock flows, to delimit zones for focal control, and to take prevention and control measures. Distribution of cities, towns and other inhabited areas as well as factories, mines and trunk lines of railways and highways should avert the threat of mountain torrents; for those having been built in places threatened by mountain torrents, precautions should be taken. Article 14 Local people's governments concerned in areas liable to waterlogging such as plains, depressions, river networks and embankment areas, valleys and basins should formulate planning for elimination and control of waterlogging, organize relevant departments and units to take corresponding control measures, improve drainage systems, develop types and varieties of waterlogging-enduring crops and take integrated measures for controlling flood and waterlogging, drought, saline and alkaline land. People's governments of cities and towns should strengthen the administration and construction of waterlogging drainage piping systems and pumping stations in urban areas. Article 15 The water conservancy administrative department under the State Council should, in conjunction with the relevant departments and the people's governments concerned of provinces, autonomous regions and municipalities directly under the Central Government, formulate the planning for controlling estuaries in the Yangtze River, Yellow River, Pearl River, Liao River, Huai River and Hai River. Reclaiming land from seawaters in estuaries mentioned in the preceding paragraph should conform to the planning for controlling estuaries. Article 16 Land to be used for realignment of river courses as planned in flood control planning and land to be used for dykes in planned construction projects may be delimited as planned reserve zones upon verification by the land administrative department and the water conservancy administrative department in conjunction with the involved areas, and submitted for approval of the people's government at or above the county level within the scope of powers authorized by the State Council. If land within the planned reserve zones involves that to be used in other projects, the land administrative department and the water conservancy administrative department should consult with departments concerned for verification of land. The planned reserve zones should be announced upon delimitation according to the provisions of the preceding paragraph. No industrial or mining facilities not related to flood control may be constructed within the planned reserve zones. If special circumstances exist under which it is really necessary for state industrial and mining projects to occupy land within the planned reserve zones mentioned in the preceding paragraph, approval should be obtained according to the procedures set by the state for capital construction and consultations should be made with the relevant water conservancy administrative department. Land to be used for expanding or exploring man-made floodwater drainage channels as determined in flood control planning may be delimited as planned reserve zones to which the provisions in the preceding paragraph shall apply upon verification by the land administrative department and the water conservancy administrative department of the people's government at or above the provincial level in conjunction with other relevant departments and regions and submitted for approval of the people's government at or above the provincial level within the scope of powers authorized by the State Council. Article 17 Construction of flood control works or other hydraulic works and hydropower stations in rivers and lakes should conform to the requirements of flood control planning. Reservoirs should keep adequate storage capacity for flood control according to the requirements of flood control planning. When the feasibility study report for flood control works or other hydraulic works and hydropower stations stipulated in the preceding paragraph is submitted for approval pursuant to the procedures set by the state for capital construction, a consent document for planning issued by the relevant water conservancy administrative department which conforms to the requirements of flood control planning should be enclosed as an appendix. Chapter III Control and Prevention Article 18 For the prevention and control of flood in rivers, attention should be paid to flood storage as well as to flood discharge. The smooth drainage of floodwater should be ensured by giving full play to flood drainage capacity of river courses and flood redistribution and storage functions of reservoirs, depressions and lakes, intensifying the protection of river courses and taking measures to remove and dredge silt at regular intervals in line with local conditions. For the prevention and control of flood in rivers, measures should be taken to protect and expand the coverage of forest, grass and other vegetation in river basins, conserve water resources and intensify the comprehensive control of water and soil conservation in river basins. Article 19 In the realigning of river courses and building up construction projects for leading the river direction or protecting embankments, full consideration should be given to the relations between the lower and upper reaches and between both sides of a river and the planned realigning and leading line be followed. The direction of a river shall not be changed at will. Planned realigning and leading lines for major rivers designated by the state shall be worked out by river basin administrative agencies and submitted to the water conservancy administrative department under the State Council for approval. Planned realigning and leading lines for other rivers or river courses shall be worked out by water conservancy administrative departments under local people's governments at or above the county level and submitted to the people's governments at the same level for approval. Planned realigning and leading lines of rivers or river courses involving two or more provinces, autonomous regions and municipalities directly under the Central Government and of boundary river courses of provinces, autonomous regions and municipalities directly under the Central Government shall, under the leadership of river basin administrative agencies concerned, be worked out by water conservancy administrative departments under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government of involved rivers or river courses and, after the people's governments concerned examine the proposed lines and come up with comments, submitted to the water conservancy administrative department under the State Council for approval. Article 20 Where the realignment of river courses or lakes involves navigable waterways, full consideration should be given to the requirements for navigation and views solicited in advance from the administrative departments for transportation. The realignment of navigable waterways should conform to the safety requirements for flood control in rivers and lakes and views solicited in advance from the water conservancy administrative departments. The realignment of river courses in rivers which are suitable for bamboo and log rafting or in fishery water areas should take into account the needs for bamboo and log water transportation and fishery development and views should be sought in advance from the administrative departments for forestry and fishery. The bamboo and log rafting in river courses should not affect the safety of flood passage and flood control works. Article 21 The control of rivers and lakes shall follow the principle of unified control in line with water systems combined with control at different levels in order to strength the protection and ensure the smooth passage. Main courses of major rivers and lakes designated by the state, major river courses and lakes involving two or more provinces, autonomous regions or municipalities directly under the Central Government, boundary rivers and lakes of provinces, autonomous regions or municipalities directly under the Central Government as well as river courses and lakes which serve as national boundaries (borderlines) shall, according to the designation of the water conservancy administrative department under the State Council, be under the control of river basin administrative agencies and water conservancy administrative departments under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government in the place where rivers and lakes are drained. Other river courses and lakes shall, according to the designation of the water conservancy administrative department under the State Council or its authorized agencies, be under the control of water conservancy administrative departments under local people's governments at or above the county level. The scope of control for any river course or lake with embankments shall include the water area, sandbanks, beaches, the flood passage area, the embankments and dyke protections between the embankments on both sides. The scope of control for any river course or lake without embankments shall include the water area, sandbanks, beaches and the flood passage area between the all-time high flood levels or the designed flood levels. The scope of river courses and lakes under direct control of river basin administrative agencies shall be delimited by river basin administrative agencies in conjunction with local people's governments concerned at or above the county level in accordance with the provisions of the preceding paragraph. The scope of control for other river courses and lakes shall be delimited by local people's governments concerned at or above the county level in accordance with the provisions of the preceding paragraph. Article 22 The use of land and shore lines within the scope of control for any river course or lake should conform to the requirements for flood discharge and water flow. Within the scope of control for any river course or lake it is prohibited to construct buildings or structures impeding flood discharge, dump garbage and waste residues or engage in activities affecting the stability of river flows, harming the safety of banks and embankments or other activities impeding flood discharge in river courses. It is prohibited to plant trees or long-stalk crops impeding flood discharge in river courses used for flood discharge. Restrictions of speed should be imposed in river courses where navigation of ships may endanger the safety of embankments. Marks for speed restrictions shall be set up upon the consultation between administrative departments for transportation and water conservancy. Article 23 Enclosing a lake for cultivation is prohibited. Those reclaimed lakes should be put in order according to the standards set by the state for flood control and restored from farmland in a planned way. Enclosing river courses for cultivation is prohibited. If enclosure is really necessary, scientific authentication should be carried out and on confirmation by the water conservancy administrative department that there is no impediment of flood discharge and water flow, submitted to the people's government at or above the provincial level for approval. Article 24 Local people's governments should in a planned way organize residents to move out of river courses for passage of floodwater. Article 25 Administrative agencies for rivers and lakes shall organize the planting and maintenance of protective trees along banks and embankments. Protective trees along banks and embankments shall not be felled without authorization. If anyone intends to fell them, he must obtain the consent from administrative agencies for river courses and lakes, go through the formalities for a felling licence and complete the task of regeneration and planting of trees as required. Article 26 For those bridges, approaches, wharves and other engineering structures across a river which seriously intercept or block water, the water conservancy administrative department concerned may, according to the flood control standards, report to the people's government at or above the county level that will, within the scope of powers provided by the State Council, order the construction unit to rebuild or dismantle them within a time limit. Article 27 The construction of bridges, wharves, roads, ferries, pipelines, cables and engineering structures for tapping or draining water which need to cut across rivers, through rivers or embankments, or to stand on rivers should conform to flood control standards, shore lines planning, navigation requirements and other technical requirements, and shall not endanger the safety of embankments, affect the stability of river conditions or impede the smooth passage of flood water. Before the feasibility study report of the involved project is to be submitted for approval according to the procedures set by the state for capital construction, the engineering construction scheme included in the report should be subjected to the examination and approval of the relevant water conservancy administrative department in accordance with the requirements for flood control as mentioned above. If engineering structures mentioned in the preceding paragraph need to occupy land within the scope of control for any river course or lake, or to cut across the space over any river course or lake, or to go through riverbeds, the construction unit should subject the position and border of the engineering structures to the examination and approval of the relevant water conservancy administrative department before completing the formalities for starting the projects according to law. In the arrangement for the construction project, the position and border should be followed as approved by the water conservancy administrative department. Article 28 The water conservancy administrative department shall have the right to inspect engineering structures constructed according to the provisions of this Law within the scope of control for river courses or lakes. When the water conservancy administrative department exercises inspection, the inspected should truthfully provide the information and materials concerned. The acceptance of engineering structures mentioned in the preceding paragraph upon completion should be taken part in by the water conservancy administrative department. Chapter IV Administration of Flood Control Areas and Flood Control Works Article 29 A flood control area means an area where floodwater is likely to inundate, which is classified as a flood dare, a flood storage and detention area or a flood control protected area. A flooded area means an area to which floodwater reaches without the protection of works. A flood storage and detention area means a depression or a lake from outside embankments including flood-diversion mouths for temporarily storing floodwater. A flood control protected area means an area protected by flood control works according to flood control standards. The scope of a flooded area, a flood storage and detention area or a flood control protected area shall be delimited in the flood control planning or the flood prevention scheme, reported to the people's government at or above the provincial level according to the scope of powers provided for by the State Council and if approved, announced to the public. Article 30 People's governments at all levels should, according to flood control planning, exercise administration of the use of land within different flood control areas. Article 31 Local people's governments at all levels should strengthen leadership over the safety and construction work within flood control areas and organize relevant departments and units to conduct flood control education among units and residents within flood control areas, to popularize flood control know-how and to enhance their awareness of flood control. They should, according to flood control planning and flood prevention schemes, establish and perfect the flood control system as well as systems for hydrology, meteorology, communications, early warning and monitoring of flood and waterlogging in order to improve the capability for flood control. They should organize units and residents within flood control areas to actively take part in flood control work and take measures for flood control and flood evasion in the light of local conditions. Article 32 People's governments of provinces, autonomous regions and municipalities directly under the Central Government in places where flooded areas or flood storage and detention areas are located should, as required by flood control planning, organize relevant departments and units to formulate safety and construction work plans for floodedareas and flood storage and detention areas, to bring under control population growth within flood storage and detention areas, to move residents in a planned way out of flood storage and detention areas which are frequently in use, and to take other necessary safety and protective measures. Regions and units directly benefiting from flood storage and detention areas should bear obligations of compensation and aid to flood storage and detention areas as required by the state. The State Council and relevant people's governments of provinces, autonomous regions and municipalities directly under the Central Government should establish a system to support and give compensations and aids to flood storage and detention areas. The State Council and relevant people's governments of provinces, autonomous regions and municipalities directly under the Central Government may formulate measures for control of safety and construction within flooded areas and flood storage and detention areas and measures for giving support, compensations and aids to flood storage and detention areas. Article 33 Where a construction project not intended for flood control is to be carried out within a flooded area or a flood storage and detention area, the possible impact of floodwater on the construction project and the possible impact of the construction project on flood control should be assessed, a flood impact assessment report be provided and precautions be put forward. When submitted for approval according to the procedures set by the state for capital construction, the feasibility study report of the construction project should include the flood impact assessment report having been examined and approved by the relevant water conservancy administrative department. Flood impact assessment reports for oilfields, railways, highways, mines, power plants, telecommunications installations and pipelines to be built within flood storage and detention areas should include flood control and flood evasion plans arranged by construction units themselves. When the construction project is to be put into operation or use, their flood control works should pass the acceptance by the water conservancy administrative department. Houses built within flood storage and detention areas shall have flat roofs. Article 34 Flood control work should focus on large and medium-sized cities, trunk lines of major railways and highways as well as large-sized key enterprises and their safety be guaranteed. Cities, economic development zones, industrial and mining areas and important state agricultural production bases under the threat of floodwater should be protected as key areas and necessary flood control works constructed. In urban construction, no one may, without authorization, stuff or block up originally existing river courses, ditches, branching streams and waterlogging lakes, pools or depressions, or demolish originally existing embankments used for flood control. If it is really necessary to stuff or block up or demolish them, consent should be obtained from the water conservancy administrative department and the case be reported to the people's government of the city for approval. Article 35 The scope of administration and protection of state-owned flood control works should be determined by people's governments at or above the county level according to the state provisions before the completion and acceptance of the projects according to the approved design. The scope of protection of collective-owned flood control works should be determined according to the provisions of people's governments of provinces, autonomous regions and municipalities directly under the Central Government. Within the scope of protection of flood control works, exploding, drilling wells, quarrying stones, collecting earth or other operations endangering the safety of flood control works are prohibited. Article 36 People's governments at all levels should organize the relevant departments to intensify the regular inspection, supervision and administration over dams of reservoirs. For those dams in danger which fail to conform to the designed flood standards and anti-earthquake defence requirements, or have serious quality defects, the department in charge of the dams should organize the relevant units to take measures to eliminate dangers and reinforce dams, set a time limit to get rid of dangers or rebuild dams, and the relevant people's governments should give priority to funds needed. For reservoirs whose dams are likely to collapse, emergency measures for rush repair and schemes for temporarily evacuating residents should be worked out in advance. People's governments at all levels and the relevant administrative departments should strengthen the supervision and management of tailings dams and take measures to avoid the collapse of dams in floodwater. Article 37 No unit and individual may damage, occupy or destroy flood control works such as dams, embankments, sluices, bank revetments, pumping stations and drainage systems, hydrological and communications facilities and stand-by apparatuses and materials for flood control. Chapter V Flood Control and Flood Fighting Article 38 The administrative heads of people's governments at all levels shall assume overall responsibility for the work of flood control, with different levels and different departments responsible for part of work under a centralized command. Article 39 The State Council establishes the state flood control headquarters responsible for leading and organizing the flood control and flood fighting work nationwide, with its agency in the water conservancy administrative department under the State Council. The flood control headquarters for major rivers and lakes designated by the state may be established and formed by persons in charge of the relevant people's governments of provinces, autonomous regions and municipalities directly under the Central Government and persons in charge of the administrative agencies for these rivers and lakes, which shall take control of the flood control and flood fighting work within their jurisdiction and have their agencies in the administrative agencies for rivers and lakes. Local people's governments at or above the county level responsible for flood control and flood fighting shall establish flood control headquarters formed by persons in charge of the relevant departments, local garrisons and the people's armed forces departments. Under the leadership of the flood control headquarters at the next higher level and the people's governments at the same level, the flood control headquarters shall take control of the work of flood control and flood fighting and have their agencies in the water conservancy administrative departments at the same level. When necessary, the flood control headquarters may, subject to the decision of people's governments of cities, establish city district agencies under the construction departments with responsibility for handling routine duties of flood control and flood fighting in urban districts under the unified leadership of the flood control headquarters. Article 40 Local people's governments at or above the county level responsible for flood control and flood fighting shall, in accordance with the comprehensive plans for river basins, in the light of the actual conditions of flood control works and based on the flood control standards set by the state, formulate the flood prevention schemes (including the measures for dealing with catastrophic floods). Flood prevention schemes for the Yangtze River, Yellow River, Huai River and Hai River shall be formulated by the state flood control headquarters and submitted to the State Council for approval. Flood prevention schemes for other rivers involving two or more provinces, autonomous regions and municipalities directly under the Central Government shall be formulated by the relevant river basins administrative agencies in conjunction with the relevant people's governments of provinces, autonomous regions and municipalities directly under the Central Government and submitted to the State Council or its authorized agency for approval. On approval, the flood prevention schemes shall be carried out by the local people's governments concerned. Flood control headquarters at all levels and departments or units responsible for flood control and flood fighting must make preparations for flood control and flood fighting according to the flood prevention schemes. Article 41 Flood control headquarters under people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the law of floods in their localities, fix the starting and ending date for flood seasons. When the water situation of any river or lake approaches the guaranteed water level or the safety flow capacity, or when the water level of any reservoir approaches the level of design flood, or when a great danger occurs to flood control works, the flood control headquarters under the relevant people's government at or above the county level may declare an emergency flood season. Article 42 Obstacles in river courses or lakes which impede flood passage shall, according to the principle of whoever places the obstacles will remove them, be removed within a time limit by order of the flood control headquarters. If obstacles have not yet been removed within the time limit, the flood control headquarters shall organize a forcible removal at the expense of the person who placed the obstacles. During the emergency flood reason, the state flood control headquarters or its authorized flood control headquarters in provinces, autonomous regions and municipalities directly under the Central Government shall have the right to take emergency measures against bridges, approaches, wharves and other engineering structures across a river which seriously intercept or block water. Article 43 During the flood reason, departments concerned of meteorology, hydrology and oceanology should provide real-time information on weather and hydrology as well as forecasts of storm tides for the relevant flood control headquarters within their respective functions and duties, the telecommunications departments should give priority to providing services for communications for flood control and flood fighting, and departments concerned of transportation, electricity and supply of materials should give priority to providing services for flood control and flood fighting. The People's Liberation Army, the People's Armed Police Forces and the militia should perform duties of flood fighting and emergency operations entrusted by the state. Article 44 During the flood reason, the use of reservoirs, sluices, dams and other water engineering structures must be subjected to the command, control and supervision of the relevant flood control headquarters. During the flood season, no reservoir may store water above the flood season restricted level without authorization and the use of flood control capacity beyond the flood season restricted level of any reservoir must be subjected to the command, control and supervision of the relevant flood control headquarters. During the melting ice flood season, any reservoir upstream a river or lake responsible for the control of melting ice flood must obtain the consent of the relevant flood control headquarters and be subject to its supervision when discharging its flow downstream. Article 45 During the emergency flood season, the flood control headquarters shall, according to the requirements for flood control and flood fighting, have the right to allocate materials, equipment, means of transport and manpower within their jurisdiction and to make decisions for collecting earth, occupying land, felling trees, removing obstacles blocking water and taking other necessary emergency measures. When necessary, departments for public security and traffic control shall, according to the decision of the flood control headquarters, execute traffic control on land and in water areas. Materials, equipment and means of transport allocated according to the provisions of the preceding paragraph should be returned promptly after the flood season. If they have been damaged or are unable to be returned, proper compensations should be given or other measures be taken according to the relevant state provisions. Those who collected earth, occupied land or felled trees shall apply to the competent department for completing required formalities according to law after the flood season. The local people's government concerned shall organize the reclamation of land on which earth was collected and organize the planting of trees in the place where trees were felled. Article 46 Where the water level or the flow of any river or lake attains the flood diversion standards of the state which needs to put a flood storage and detention area in use, the State Council, the state flood control headquarters, the flood control headquarters of the river basin, the people's government and the flood control headquarters of the province, autonomous region or municipality directly under the Central Government shall, according to the conditions for starting the use of a flood storage and detention area and approval procedures stipulated in the approved flood prevention scheme, make a decision on starting the use of the flood storage and detention area. No unit or individual may obstruct or delay the use of a flood storage and detention area. In the event of someone's obstruction or delay, the relevant local people's government at or above the county level shall execute the use forcibly. Article 47 After the occurrence of flood and waterlogging, the relevant people's government should organize the relevant departments and units to ensure the relief work in the disaster area in respect of supply of necessities, healthcare and immunity, supply of relief materials, public security, resumption of classes, resumption of production and rebuilding of homes as well as repairing of various engineering structures destroyed in floodwater within its jurisdiction. The renovation of flood control works should take precedence in the annual construction plans of the relevant departments. The state encourages and supports the flood insurance. Chapter VI Guarantee Measures Article 48 People's governments at all levels should take measures to improve the overall level of flood control allocations. Article 49 Realignment of rivers and lakes and construction and maintenance of flood control works shall, according to the principle of consistency of business power and financial power, and with responsibility divided at different levels, be financed by the Central authorities and local authorities respectively. The construction and maintenance of flood control works in cities shall be financed by the people's governments of cities. Enterprises and institutions in charge of oilfields, pipelines, railways, mines, electric power and telecommunications in flood-threatened areas shall raise funds by themselves to build up necessary self-securing flood control works. Article 50 The Central finance should allocate funds for flood fighting and emergency operations when embankments and dams of major rivers and lakes designated by the state suffer catastrophic floods and waterlogging and for renovation of flood control works destroyed by floodwater. People's governments of provinces, autonomous regions and municipalities directly under the Central Government should allocate funds from financial budgets at their level for flood fighting and emergency operations in areas afflicted by catastrophic floods and waterlogging within their administrative regions and for renovation of flood control works destroyed by floodwater. Article 51 The state establishes a fund for water conservancy projects for the purpose of the maintenance and construction of flood control works and water conservancy works. The State Council shall stipulate the specific measures for this fund. The provinces, autonomous regions and municipalities directly under the Central Government threatened by floodwater may, for the purpose of strengthening the construction of flood control works and improving the capacity for flood control within their administrative regions and according to the relevant provisions of the State Council, stipulate the levying of a fee for construction, maintenance and administration of river course projects within flood control protected areas. Article 52 Local people's governments at all levels responsible for flood control should, according to the relevant provisions of the State Council, assign village compulsory labour and accumulative labour at a proper ratio for the construction and maintenance of flood control works. Article 53 No unit or individual may intercept or appropriate funds and materials for flood control and disaster relief. Auditing organs of people's governments at all levels should strengthen the supervision through auditing of the use of funds for flood control and disaster relief. Chapter VII Legal Liability Article 54 Any violator of the provisions of Article 17 of this Law who, without his consent document for planning approved by the water conservancy administrative department, builds flood control works or other hydraulic works and hydropower stations on rivers and lakes shall be ordered to stop the illegal act and complete the formalities for the consent document for planning. In case where violation of requirements in the consent document for planning seriously affects flood control, the violator shall be ordered to dismantle his works within a time limit. In case where violation of requirements in the consent document for planning affects flood control but remedies can be taken, the violator shall be ordered to take remedies within a time limit and may be concurrently fined not less than RMB 10,000 yuan and not more than RMB 100,000 yuan. Article 55 Any violator of the provisions of Article 19 of this Law who fails to follow the planned realigning and leading line to realign river courses and build up construction projects for leading the river direction or protecting embankments shall, if the flood control work is affected, be ordered to stop the illegal act, restore to the original state or take other remedies and may be concurrently fined not less than RMB 10,000 yuan and not more than RMB 100,000 yuan. Article 56 Any violator of the provisions of the second and third paragraphs of Article 22 of this Law who commits one of the following acts shall be ordered to stop the illegal act, remove the obstacles or take other remedies and may be concurrently fined not more than RMB 50,000 yuan. (1) constructing buildings or structures impeding flood discharge within the scope of control for river courses and lakes; (2) dumping garbage and waste residues or engaging in activities affecting the stability of river flows, harming the safety of banks and embankments or other activities impeding flood discharge in river courses within the scope of control for river courses and lakes; or (3) planting trees or long-stalk crops impeding flood discharge in river courses used for flood discharge. Article 57 Any violator of the provisions of the second paragraph of Article 15 and Article 23 of this Law who reclaims and from seawaters or encloses a lake or river course for cultivation shall be ordered to stop the illegal act, restore land to the original state or take other remedies and may be concurrently fined not more than RMB 50,000 yuan. If the violator neither restores land to the original state nor takes other remedies, the competent department shall do so at his expense. Article 58 Any violator of the provisions of Article 27 of this Law who fails to obtain approval for its engineering construction scheme from the relevant water conservancy administrative department, or fails to follow the position and border as approved by the water conservancy administrative department in engaging in the construction of engineering structures within the scope of control for river courses and lakes shall be ordered to stop the illegal act and to complete the formalities for examination and approval. If the construction of engineering structures seriously affects the flood control work, the violator shall be ordered to dismantle them within a time limit. If he fails to do so within the time limit, the competent department shall dismantle them forcibly at the construction unit's expense. If remedies can be taken for impact on the discharge of flood, the violator shall be ordered to take remedies within a time limit and may be concurrently fined not less than RMB 10,000 yuan and not more than RMB 100,000 yuan. Article 59 Any violator of the provisions of the first paragraph of Article 33 of this Law who fails to provide a flood impact assessment report for a construction project not intended for flood control within a flooded area or a flood storage and detention area shall be ordered to make corrections within a time limit. If he fails to do so within the time limit, the violator shall be fined not more than RMB 50,000 yuan. Any violator of the provisions of the second paragraph of Article 33 of this Law who puts the construction project in operation or use while the flood control works have not yet passed the acceptance by the water conservancy administrative department shall be ordered to stop the production or use, pass the acceptance of the flood control works within a time limit and may be concurrently fined not more than RMB 50,000 yuan. Article 60 Any violator of the provisions of Article 34 of this Law who, without authorization, stuffs or blocks up originally existing river courses, ditches, branching streams and waterlogging lakes, pools or depressions, or demolishes originally exiting embankments used for flood control in urban construction shall be ordered by the people's government of the city to stop the illegal act, restore to the original state or take other remedies. Article 61 Any violator of this Law who damages, occupies or destroys embankments, sluices, bank revetments, pumping stations, drainage systems or other flood control works, or hydrological or communications facilities, or stand-by apparatuses or materials for flood control shall be ordered to stop the illegal act, take remedies and may be concurrently fined not more than RMB 50,000 yuan. If damage has been caused, the violator shall bear civil Liability according to law. Should an administrative penalty be given, the Regulations on Administrative Penalties for Public Security shall apply. If a crime has been constituted, criminal liability shall be investigated according to law. Article 62 Whoever obstructs or threatens any functionary of the flood control headquarters, water conservancy administrative departments or river basin administrative agencies who performs duties according to law shall, if a crime has been constituted, be investigated for criminal liability according to law. If a crime has not been constituted and administrative penalty for public security should be given, the Regulations on Administrative Penalties for Public Security shall apply. Article 63 Whoever intercepts or appropriates funds and materials for flood control and disaster relief shall, if a crime has been constituted, be investigated for criminal liability according to law. If a crime has not been constituted, administrative sanctions shall be given. Article 64 Administrative penalties and administrative measures stipulated in this Chapter with exception of the provisions in Article 60 of this Law shall be decided by water conservancy administrative departments of people's governments at or above the county level, or by river basin administrative agencies within the scope of powers provided for by the water conservancy administrative department under the State Council. However, administrative penalties for public security stipulated in Articles 61 and 62 of this Law shall be decided by organs as provided for in the Regulations on the Administrative Penalty for Public Security. Article 65 Any state functionary who commits one of the following acts shall, if the act has constituted a crime, be investigated for criminal liability according to law. If a crime has not been constituted, administrative sanctions shall be given. (1) in violation of the provisions of Article 17, Article 19, the second or third paragraph of Article 22, Article 27 or Article 34, affecting flood control seriously; (2) abusing power, neglecting duties or engaging in malpractices for personal gains resulting in heavy losses to the flood control and flood fighting work; (3) refusing to implement the flood prevention schemes, flood control and emergency operational instructions or flood control operational plans such as flood storage and detention plans or measures, or dispatching and operation plans in flood seasons; or (4) in violation of the provisions of this Law, causing or aggravating flood losses to contiguous regions or other units. Chapter VIII Supplementary Provision Article 66 This Law shall come into force as of January 1, 1998. |
