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深圳经济特区水土保持条例 Regulations of Shenzhen Special Economic Zone on Conservation of Water and Soil

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颁布日期:19970226  实施日期:19970226  颁布单位:深圳市人大常委会

  Public Notice of the Standing Committee of The Shenzhen Municipal People‘s Congress

  (No. 39)

  Regulations of Shenzhen Special Economic Zone on Conservation of Water and Soil was adopted on February 26, 1997 at the Thirteenth Meeting of the Standing Committee of the Second Shenzhen Municipal People‘s Congress. It is now promulgated and shall take effect as of the date of promulgation.

  The Standing Committee of the Shenzhen Municipal People‘s Congress

  Regulations of Shenzhen Special Economic Zone on Conservation of Water and Soil

  (Adopted on February 26, 1997 at the Thirteenth Meeting of the Second Shenzhen Municipal People‘s Congress)

  Chapter I General Provisions

  Article 1 In order to prevent and control the water loss and soil erosion, protect and make rational use of resources of water and soil, reduce floods and droughts, improve the ecological environment, and bring the development of resources of water and soil into line with economic construction, these regulations are formulated hereby in accordance with Law on Conservation of Water and Soil of the People‘s Republic of China and in the light of specific circumstances of the Shenzhen Special Economic Zone.

  Article 2 The water loss and soil erosion referred to in these regulations shall mean the damage to and the loss of resources of water and soil incurred by natural forces or human activities.

  The conservation of water and soil referred to in these regulations shall mean the measures to prevent and control the water loss and soil erosion.

  Article 3 The work on conservation of water and soil shall carry out the guidelines such as giving priority to prevention, overall planning, combining prevention with control, strengthening supervision, emphasizing benefits; the following principles shall be abided by as well: whoever engage in development shall be responsible for protection, whoever cause the water loss and soil erosion shall be responsible for prevention and control.

  Article 4 Any land-using right holder shall take measures to protect the resources of water and soil within the limits of the land that the holder has the right to use, and be responsible for control of the water loss and soil erosion incurred by human activities.

  Article 5 The administrative department of the Shenzhen Municipal People‘s Government in charge of water affairs (hereinafter referred to as “the municipal department of water affairs”) shall be responsible for supervision and administration of the city-wide conservation of water and soil, the departments of various district people’s governments in charge of water affairs (hereinafter referred to as “the district departments of water affairs”) shall be responsible for supervision and administration of conservation of water and soil under their respective jurisdiction.

  The administrative departments of the municipal and district people‘s governments in charge of land planning, environmental protection, city management, construction, agriculture shall, according to their respective functions, cooperate with the departments of water affairs at the same level in supervision and administration of conservation of water and soil.

  Article 6 All the units and individuals shall have the obligation to protect the resources of water and soil, and also the right to report and bring a charge against the acts causing the water loss and soil erosion.

  Article 7 People‘s governments at various levels shall strengthen the work of propaganda and education on conservation of water and soil, encourage adoption of advanced technology for conservation of water and soil, and give awards to the units and individuals distinguishing themselves by their accomplishments in conservation of water and soil.

  Chapter II

  Prevention

  Article 8 People‘s governments at various levels shall establish and improve an administration system of facilities for conservation of water and soil, strengthen the administration and maintenance of facilities for conservation of water and soil, and organize all the people to take part in afforesting, grass-cultivating, and vegetation-protecting.

  It shall be forbidden for any unit and individual to destroy forest for opening land and to engage in other activities to do damage to the resources of water and soil.

  Article 9 The municipal department of water affairs shall, jointly with the related departments, work out a plan of conservation of water and soil on the basis of investigation and assessment of the resources of water and soil, and integrate this plan into the city-wide overall plan.

  After the plan of conservation of water and soil has been reported to and approved by the municipal government, the municipal department of water affairs shall organize its implementation. Any revision of the plan of conservation of water and soil must have approval from the municipal government.

  The tasks specified by the plan of conservation of water and soil shall be listed in the plan of economic and social development.

  Article 10 The municipal department of water affairs shall, jointly with the related departments, designate key areas of preventive protection, key areas of supervision and administration, and key areas of control for conservation of water and soil, and give them priority for prevention and control after reporting to the municipal government and getting approval.

  Article 11 The activities damaging vegetation such as sand-excavating, earth-taking, quarrying, etc. shall not be allowed in the following areas:

  (1)the mountain slope from the water level of reservoirs, mountain pools up to the first ridge;

  (2)the mountain slope of more than 10 degrees within 100 meters from either side of rivers and ditches;

  (3)the mountain slope of more than 10 degrees within 50 meters from either side of railroads, highways;

  (4)the dangerous area of falling and landslide;

  (5)the other slopes of more than 25 degrees.

  Article 12 When establishing an economic (technology) development zone or tourist development zone, building railroads, highways, ports and docks, power works, water works, municipal works, and other infrastructures, if civil engineering works such as quarrying (mining), etc. may cause the water loss and soil erosion, a unit of development shall go through the formalities of reporting of construction and have a scheme of conservation of water and soil approved by the municipal, district departments of water affairs; the related functional departments shall take the scheme of conservation of water and soil as a prerequisite for examination and approval of construction projects.

  The scheme of conservation of water and soil shall not be revised without the approval from the department which has done the original examination and approval of this scheme.

  Article 13 The scheme of conservation of water and soil shall be divided into Report on the Plan of Conservation of Water and Soil and Tables of the Plan of Conservation of Water and Soil.

  Report on the Plan of Conservation of Water and Soil shall include the following contents:

  (1)a brief introduction to the construction project;

  (2)a forecast on the water loss and soil erosion;

  (3)a plan for prevention of the water loss and soil erosion;

  (4)an estimate of the investment in conservation of water and soil and a benefit analysis;

  (5) the measures to implement the plan and the funding for implementation;

  (6)the other contents which the municipal department of water affairs regards as necessary.

  The contents and form of Tables of the Plan of Conservation of water and Soil shall be worked out by the municipal department of water affairs in accordance with the related rules of the state.

  Article 14 For a project of development which needs to report its scheme of conservation of water and soil, Report on the Plan of Conservation of Water and Soil and Tables of the Plan of Conservation of Water and Soil shall be submitted to the municipal, district departments of water affairs according to the following rules:

  If the area of earthwork is more than 20,000 square meters or the amount of earthwork is more than 50,000 cubic meters, the land-using right holder shall submit Report on the Plan of Conservation of ?Water and Soil to the municipal department of water affairs.

  If the area of earthwork is less than 20,000 square meters or the amount of earthwork is less than 50,000 cubic meters, the land-using right holder shall submit Tables of the Plan of Conservation of Water and Soil to a district department of water affairs.

  Article 15 For a construction project undertaken on the land which has already been developed, the land-using right holder may directly go through the formalities of reporting of construction and file the scheme of conservation of water and soil for record.

  Article 16 Any unit and individual engaging in earth-taking for operations such as opening barren slopes, making porcelain, and baking bricks shall submit Tables of the Plan of Conservation of Water and Soil to a district department of water affairs before the earth-breaking.

  Article 17 The municipal, district departments of water affairs shall give an official reply in writing in 20 days, 10 days respectively from the date of receiving Report on the Plan of Conservation of Water and Soil or Tables of the Plan of Conservation of Water and Soil.

  Article 18 The fund needed for the facilities for conservation of water and soil in a construction project shall be entered in the budgetary estimate and budget for the project‘s works, the facilities for conservation of water and soil in a construction project shall be designed, constructed, and examined and accepted upon completion at the same time as scheduled for the principal part of the project.

  When a completed construction project is undergoing the examination and acceptance, a department of water affairs shall conduct the examination and acceptance of the facilities for conservation of water and soil at the same time. If the facilities for conservation of water and soil have failed in passing the examination and acceptance, the project shall not be allowed to start production or to be put to use.

  A unit of construction shall not violate the related contents of the scheme of conservation of water and soil approved by the municipal, district departments of water affairs in construction, the fund for the scheme of conservation of water and soil shall be used only for prevention and control of the water loss and soil erosion.

  Article 19 In the process of construction of a project, a unit of development or a unit of construction work shall take appropriate measures to prevent the water loss and soil erosion as a result of construction.

  If a project needs earth excavating and filling as well as topsoil stripping, the construction shall be conducted in accordance with the approved scheme of conservation of water and soil, it shall not be allowed to do damage to the function of the existing system of prevention and control of flood and water-logging, and it shall be strictly forbidden to dump remaining mud, sand, residue soil to rivers, reservoirs, mountain pools, ditches. If vegetation has been damaged because of mining and construction, the measures shall be taken to restore topsoil and vegetation, and to prevent the water loss and soil erosion.

  On the mountain slopes within the boundaries by either side of railroads, highways, slope protecting structures shall be built up or other control measures shall be taken to prevent the water loss and soil erosion.

  Chapter III

  Control

  Article 20 People‘s governments at various levels shall, in accordance with the plan of conservation of water and soil, organize the related departments, units, and individuals to control the water loss and soil erosion.

  For the areas of water loss and soil erosion, a specific control plan shall be worked out in accordance with the approved plan of conservation of water and soil, a system of comprehensive prevention and control of the water loss and soil erosion shall be established, the water system shall be restored and put under control.

  Article 21 People‘s governments in the key areas of control of the water loss and soil erosion shall regard conservation of water and soil as an important duty, and establish a target check-up system for conservation of water and soil within the administration term of government.

  Article 22 People‘s governments at various levels shall arrange special funds only for control of the water loss and soil erosion, which shall be used to control the water loss and soil erosion incurred by natural forces and to invest in building the public facilities for conservation of water and soil.

  Article 23 The completed facilities for conservation of water and soil and the planted trees and grass shall go through the examination and acceptance according to the technological standard set by the state, for those having passed the examination and acceptance, they shall have their files established and their signs set up, and they shall be put under a responsibility system of management and maintenance.

  Article 24 Any land-using right holder shall be responsible for control of the water loss and soil erosion which are caused by the development and utilization of land resources within the limits of the land that the holder has the right to use.

  If a land-using right holder is not capable of such control, the control fee shall be paid by the holder and the municipal, district departments of water affairs shall organize the control instead.

  If a land-using right holder has failed both to control the resultant water loss and soil erosion and to pay the control fee, the municipal, district departments of water affairs may apply to the people‘s court for enforcing payment of the control fee, and the people’s court shall do so.

  Article 25 Anyone who has incurred diminishing of the original function of conservation of water and soil of the facilities for such conservation as a result of engaging in the development of natural resources, production and construction, and other activities shall make compensation.

  Chapter IV Supervision and Administration

  Article 26 People‘s governments at various levels shall strengthen supervision and administration of conservation of water and soil, establish and improve a system of supervision and administration.

  Article 27 The municipal department of water affairs shall establish a network to monitor the water loss and soil erosion, conduct the city-wide monitoring of the development of the water loss and soil erosion, and report to the government on a regular basis or make public announcements.

  The reports or public announcements on the monitored water loss and soil erosion shall include the following items:

  (1)the area, distribution, and degree of the water loss and soil erosion;

  (2)the damage caused by the water loss and soil erosion and its developments;

  (3)the prevention and control of the water loss and soil erosion and the resultant benefits.

  Article 28 Any land-using right holder who has a task to prevent and control the water loss and soil erosion shall report the work of prevention and control of the water loss and soil erosion on a regular basis to the department which has done the examination and approval of the project‘s conservation of water and soil.

  Article 29 Departments of water affairs at various levels shall inspect the water loss and soil erosion as well as the prevention and control under their jurisdiction. Inspected units and individuals shall make accurate reports and provide necessary information.

  Article 30 For the water loss and soil erosion incurred before these regulations take effect, a unit of construction shall make a suggestion to a department of water affairs on the measures of prevention and control of the water loss and soil erosion.

  Chapter V Legal Liabilities

  Article 31 In case of violation of Item (2) of Article 8, Article 11 of these regulations, the municipal department of water affairs shall order correction, restoration by a deadline or taking remedial measures, and may impose a fine of 15-20 RMB per square meter of the area of damaged vegetation.

  Article 32 In case of violation of these regulations by starting construction at will without reporting a scheme of conservation of water and soil for approval, a department water affairs shall order stopping construction and reporting the scheme of conservation of water and soil by a deadline, and may impose a fine of more than 20,000 but less than 50,000 RMB.

  If construction has been started without authorization when a scheme of conservation of water and soil failed in getting approval, a department of water affairs shall order stopping construction and impose a fine as much as that referred to in the above section.

  Article 33 In case of violation of Item (3) of Article 18, Article 19 of these regulations, a department of water affairs shall order correction, taking remedial measures by a deadline, and impose a fine of more than 10,000 but less than 50,000 RMB.

  Article 34 If a land-using right holder has caused the water loss and soil erosion in construction and production and failed to control, a department of water affairs shall order control by a deadline, if the control has not been done after the deadline, a fine of less than 20,000 RMB shall be imposed; if the damaging consequences of the water loss and soil erosion are serious, a fine of 15-20 RMB per square meter of the area of the water loss and soil erosion or 40-60 RMB per cubic meter of the amount of the water loss and soil erosion shall be imposed, and stopping operation to conduct control shall be ordered also.

  Article 35 If anyone has sabotaged the facilities for conservation of water and soil and tried to obstruct the staff of supervision over conservation of water and soil from fulfilling their duties according to law, public security organs shall, in compliance with the related rules of Regulations on Punishment for Public Security and Administration of the People‘s Republic of China, impose penalties. If there is a crime which has been constituted, the criminal responsibility shall be ascertained according to law.

  Article 36 If a party concerned has refused to accept a penalty decision made by a district department of water affairs, an application may be filed for review to the municipal department of water affairs within 15 days from the date of receiving the penalty notice; if a penalty decision made by the municipal department of water affairs has been refused to accept, an application may be filed for review to the administrative review office of the municipal government within 15 days from the date of receiving the penalty notice.

  If a party concerned has refused to accept a review decision, a charge may be brought to the people‘s court within 15 days from the date of receiving the notice of the review decision; a party concerned may also bring a charge directly to the people’s court within 15 days from the date of receiving a penalty notice.

  If a party concerned has neither implemented a penalty decision by a deadline, nor applied for review, nor brought a charge to the people‘s court, the department which has made the penalty decision may apply to the people’s court for enforcement.

  Article 37 Anyone who has incurred the damage of the water loss and soil erosion shall have the responsibility to remove the danger and make compensation to the damage-suffering units and individuals for their loss.

  A dispute over the responsibility and the amount of money for compensation shall, at the request of a party concerned, be settled by a department of water affairs; if the party concerned has refused to accept the settlement decision, a charge may be brought to the people‘s court. The party concerned may also directly bring a charge to the people’s court.

  If the damage of the water loss and soil erosion incurred by irresistible natural calamities is still unavoidable even after the rational measures have been promptly taken, no one shall be held liable.

  Article 38 If anyone of the supervision and administration staff for conservation of water and soil has incurred the damage to public property, the interests of the state and the people by neglecting duties and abusing power, the unit which the person concerned is affiliated with or the responsible department at a higher level shall impose a disciplinary sanction; if there is a crime which has been constituted, the criminal responsibility shall be ascertained according to law.

  Chapter VI Supplementary Provisions

  Article 39 The Shenzhen Municipal People‘s Government may formulate detailed implementation rules according to these regulations.

  Article 40 These regulations shall take effect as of the date of promulgation.

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