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

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　　Article 16 If river course control needs to occupy land, the department of land planning shall find a solution by accommodating; the usable land increased because of river course control shall be arranged by the department of land planning in accordance with the plan of urban land use.

　　Article 17 The following acts shall be forbidden within an area under river course administration:

　　(1)placing an obstacle to block flood draining or enclosing land for cultivation and growing plants to block flood draining;

　　(2)piling or dumping spare mud and residual earth, and other solid waste or objects which block flood draining;

　　(3)piling, dumping, burying, or discharging matters which pollute waters;

　　(4)washing the articles which pollute waters such as the vehicles, containers, etc.,　which have been loaded with oil or noxious matters;

　　(5)the other acts to block flood draining in a river course.

　　Article 18 To build or extend a waste discharging outlet, it shall be reported to the

　　department of environmental protection for examination and approval before which the water department shall be consulted; the flow, quality of discharged waste water shall be reported regularly to the department of environmental protection, and the department of environmental protection shall forward the information on waste water discharging to the water department regularly

　　Article 19 The administrative department in charge of transportation shall set up navigation-supporting facilities such as navigation marks, etc., in the navigable section of a river course based on the needs. In order to maintain the safety of the dikes on both banks of a river course, the department in charge of transportation shall set up the speed-limit marks in the river courses open to navigation, ships in navigating shall not exceed the speed limit.

　　Article 20 Annual maintenance fees of river courses and dikes for flood control shall be assumed at different levels, according to the principle of the unity of power over operation and power over financial affairs, and

entered into the different localities’ budgets of fiscal year.

　　Article 21 The municipal, district water departments may collect fees for construction, maintenance, and management of engineering works from the industrial and commercial enterprises within the area benefited from dikes, sluices, and the engineering works for flood control and draining, as for the specific areas, standards, and methods to collect fees, they shall be worked out by the municipal government.

　　Article 22 The fees for construction, maintenance, and management of engineering works shall have a special account, and the special fund for construction, maintenance, and management of dikes, sluices, and the engineering works for flood control and draining shall not be misappropriated.

　　The revenue and expenditure of the fees for construction, maintenance, and management of engineering works shall be supervised and audited by the auditing department.

　　Article 23 If any engineering works have been started to construct within an area under river course administration without approval, the municipal, district water departments shall order stopping construction, going through the related formalities which have not been complied with, and impose also a fine of more than 10,000 but less than 30,000 RMB; if the works have failed to meet the requirements of Article 8 of these regulations, a deadline shall be set for restoring the original state, no approval for construction shall be given again, and a fine of more than 10,000 but less than 30,000 RMB shall be imposed.

　　If approved engineering works have failed to comply with the requirements of the examination and approval notice in construction, the municipal, district departments shall order correction by a deadline.

　　Article 24 In case of violation of the first section of Article 15 of these regulations, the water department shall order restoring the original state by a deadline, and impose a fine of more than 100,000 but less than 150,000 RMB; if restoring has been still rejected after the deadline, the water department shall organize restoring, and the required expenses shall be assumed by the unit in charge of covering or filling and blocking.

　　Article 25 In case of violation of Items (1) or (2), (5) of Article 17 of these regulations, the municipal, district water departments shall propose a plan to remove obstacles and a working schedule, order removing by a deadline; if removing has not been done after the deadline, the municipal, district water departments shall organize removing, the required expenses shall be assumed by the violator unit or individual, and a fine of more than 10,000 but less than 30,000 RMB shall be imposed.

　　Article 26 In case of violation of Item (3) or (4) of Article 17 and Article 18 of these regulations, the municipal, district water departments shall stop violation, and report to the department of environmental protection which shall punish according to law.

　　Article 27 If there is damage to dikes or the works to protect banks caused by excavating earth, opening a breach, digging a hole, ditching on the dikes of river courses or the field of dike-protection, and by lowering the top of a dike or other operation without authorization, the municipal, district water departments shall order that the party concerned immediately stop illegal acts, take the corresponding remedial measures, restore the original state by a deadline, and be fined by more than 5,000 but less than 10,000 RMB; if there is a loss, the party concerned shall be held liable for compensation; if there is a crime committed, the judicial department shall investigate into the criminal responsibility according to law.

　　Article 28 If anyone opens and closes a culvert gate of dike for flood and tide control without authorization or damages it, misappropriates, steals equipments and materials for flood control and salvage, and damages

installations of communication, lightening, and observation for flood control or various survey marks, this person shall be held liable for compensation and fined by more than 1,000 but less than 5,000 RMB; if there is a crime committed, the judicial department shall investigate into the criminal responsibility according to law.

　　Article 29 If man-made soil erosion leads to silting up in a riverbed, raising water level, and jeopardizing the safety in flood control, the municipal, district water departments shall order that the party concerned remove the silt and dredge the river course by a deadline; if silt-removing has not been done after the deadline, the municipal, district water department shall organize silt-removing, the required expenses shall be assumed by the party concerned, and a fine of more than 50,000 but less than 100,000 RMB shall be imposed.

　　Article 30 If the party concerned has refused to accept the decision of penalty and settlement, an application for review may be filed to the administrative office at higher level with jurisdictional power within 15 days from the date of receiving the decision; if the review decision has been refused to accept, legal action may be taken at the people’s court within 15 days from the date of receiving the notice of review decision. The party concerned may also take legal action directly at the people’s court within 15 days from the date of receiving the decision of penalty and settlement.

　　If the party concerned has failed either to apply for review or to take legal action at the people’s court, and refused to carry out the decision of penalty and settlement at the same time, the decision-making office shall apply to the people’s court for enforcement.

　　Article 31 If anyone of the personnel of river course administration has neglected duties, abused power, practiced favoritism and engaged in irregularities, the unit which this person is affiliated with or the responsible office at higher level shall impose disciplinary sanction; if there is a resultant major loss for the state and people in terms of lives and property to constitute a crime, the judicial department shall investigate into the criminal responsibility according to law.

　　Article 32 These regulations shall take effect as of March 1, 1999

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