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

ter 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 b

e 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 d

one 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 cou

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