中华人民共和国水法(修订) Water Law of the Peoples Republic of China
2009-03-24 法律英语 来源:互联网 作者: ℃Where a unit or individual, in spite of the fact that it/he has obtained permission of the administrative department for water resources or the river basin authority, fails to build the project mentioned in the preceding paragraph according to requirements, the administrative department for water resources or the river basin authority, constructs other building or structure that blocks, spans or borders on a river, or lays pipes or cables across a river, for which no provisions are stipulated in the Flood Control Law, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to desist from the violation and to go through the necessary formalities within a time limit. If the unit or individual fails to go through the formalities at the expiration of the time limit or obtains no approval, it/he shall be instructed to dismantle the unlawful building or structure within a time limit; if the building or structure is not dismantled at the expiration of the time limit, dismantling shall be enforced, and the unit or individual that violates the law shall bear the expenses incurred and shall, in addition, be fined not less than 10,000 yuan but not more than 100,000 yuan.
Where a unit or individual, in spite of the fact that it/he has obtained permission of the administrative department for water resources or the river basin authority, fails to build the project mentioned in the preceding paragraph according to requirements, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to rectify within a time limit and, depending on the seriousness of the circumstances, impose a fine of not less than 10,000 yuan but not more than 100,000 yuan.
Article 66 Where a unit or individual commits one of the following acts, for which no provisions are stipulated in the Flood Control Law, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to desist from the violation, clear away the obstructions or take other remedial measures within a time limit, and impose a fine not less than 10,000 yuan but not more than 50,000 yuan:
(1) throwing away or piling up objects, or planting forest trees or high stalk crops in rive
rs, lakes, reservoirs, canals or channels, which block the passage of flood water; or
(2) enclosing parts of a lake for reclamation or enclosing river courses for reclamation without permission.
Article 67 Where a unit or individual constructs an outlet for sewage discharge in a protection zone of drinking water sources, the local people's government at or above the county level shall instruct it/him to remove the outlet and restore the original state within a time limit; if it/he fails to comply at the expiration of the time limit, removal of the outlet and restoration to the original state shall be enforced, and the unit or individual shall be fined not less than 50,000 yuan but not more than 100,000 yuan.
Where a unit or individual, without examination and permission by the administrative department for water resources or the river basin authority, constructs, reconstructs or expands an outlet for sewage discharge, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to desist from the violation and to restore the original state within a time limit, and shall impose a fine not less than 50,000 yuan but not more than 100,000 yuan.
Article 68 Where a unit or individual manufactures or sells outdated or high water-consuming techniques, equipment and products or uses them in the process of production and operation, the department for comprehensive administration of the economy under the local people's government at or above the county level shall instruct it/him to desist form manufacturing, selling or using them and shall impose a fine not less than 20,000 yuan but not more than 100,000 yuan.
Article 69 Where a unit or individual commits one of the following acts, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to desist from the violation and to take remedial measures within a time limit, and shall impose a fine not less than 20,000 yuan but not more than 50,000 yuan; if the circumstances are serious, its/his water-taking license shall be revoked:
(1) taking water without permission; or
(2) failing to take water in accordance with the approved requirements specified in the water-taking license.
Article 70 Where a unit or individual refuses to pay, delays payment of, or is in arrears with water resources fees, the administrative department for water resources under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to make the payment within a time limit; if it/he fails to comply at the expiration of the time limit, it/he shall pay a surcharge for the overdue payment at a daily rate of 0.2 percent of the total amount, counting form the date of delay, and shall, in addition, be fined not less than the amount but not more than five times the amount of the water resources fees payable or payable retroactively.
Article 71 Where a unit or individual, without permission, puts to use water-conserving facilities of a project, the construction of which is not completed or which, although completed, do not measure up to the requirements specified by the State, the relevant department under the people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to desist from using them and to rectify within a time limit, and shall impose a fine not less than 50,000 yuan but not more than 100,000 yuan.
Article 72 Where a unit or individual commits one of the following acts, which constitutes a crime, it/he shall be investigated for criminal responsibility in accordance with the relevant provisions of the Cri
minal Law; if it is not serious enough to constitute a crime and no provisions governing it are stipulated in the Flood Control Law, the administrative department for water resources under the local people's government at or above the county level or the river basin authority shall, within the limits of its powers, instruct it/him to desist from the violation and take remedial measures, and shall impose a fine not less than 10,000 yuan but not more than 50,000 yuan; if the unit or individual violates the Regulations on Punishment for Security Administration, the public security organ shall, in accordance with law, mete out punishment to it/him for security administration; if losses are caused to another person, it/he shall bear the liability to pay compensation:
(1) occupying or damaging waterworks or dykes, bank revetments or other relevant facilities, or damaging facilities or equipment for flood control or hydrological or hydro-geological monitoring; or
(2) within the area of protection for waterworks, engaging in activities that adversely affect the operation or endanger the safety of waterworks, such as blasting, well digging, quarrying and earth digging.
Article 73 Anyone who takes illegal possession of, steals or forcibly seizes supplies for flood prevention, equipment or apparatus for flood control, drainage of waterlogged fields, farmland irrigation and hydrological monitoring and measuring or for other waterworks, or anyone who embezzles or misappropriates State funds earmarked for relief of disasters, for use in emergencies, for flood control, for arrangements and compensation to be made for relocated people and for construction of other waterworks, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law.
Article 74 Anyone who, in the course of a dispute over water and of its handling, stirs up unrest, engages in gang fighting, forcibly seizes or damages public or private property, or illegally restricts other people's freedom of the person, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; if the violation is not serious enough for criminal punishment, the public security organ shall, in accordance with law, mete out punishment to him for security administration.
Article 75 Where, when a dispute over water arises between different administrative regions, a unit commits one of the following acts, the persons directly in charge and the other persons directly responsible shall be given administrative sanctions in accordance with law:
(1) refusing to carry out water allocation plans or preliminary plans for water distribution;
(2) refusing to comply with the unified distribution of the volume of water;
(3) refusing to abide by the ruling made by the people's government at the next higher level; or
(4) pending settlement of the dispute over water, in the absence of an agreement reached between the parties or approval granted by the people's government at the next higher level, unilaterally alter
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