深圳经济特区河道管理条例 Public Notice of the Standing Committee of the Shenzhen Municipal People’s Congress

深圳市人大常委会公告第73号
(No. 73, Issued by The Standing Committee of the Shenzhen Municipal People’s Congress on December 4, 1998)
颁布日期：19981204 　实施日期：19990301 　颁布单位：深圳市人大常委会

　　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 p

rinciples:

　　(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 depar

tment,　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 bl

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