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

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 a

nd 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 Wa

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