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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The Standing Committee of the National People's Congress | Status of Effect | In Force |
| Date of Promulgation | 1997-08-29 | Effective Date | 1998-01-01 |
|
Flood Control Law of the People's Republic of China |
|---|
Chapter I General Provisions
Chapter II Flood Control Planning
Chapter III Control and Prevention
Chapter IV Administration of Flood Control Areas and Flood Control Works
Chapter V Flood Control and Flood Fighting
Chapter VI Guarantee Measures
Chapter VII Legal Liability
Chapter VIII Supplementary Provision Article 1 This Law is enacted with a view to preventing and controlling Article 2 The work for flood control shall observe the principles of Article 3 The construction of flood control works should be incorporated Flood control funds shall be raised according to the principle of Article 4 The exploration and protection of water resources should be The control of rivers and lakes and the construction of flood control The comprehensive plans referred to in this Law mean those for the Article 5 The work for flood control shall be carried out in the light of Article 6 All units and individuals shall have the obligations to protect Article 7 People's governments at all levels should intensify the unified People's governments at all levels should organize departments and units People's governments at all levels should lend support to flood storage Article 8 The water conservancy administrative department under the State The construction administrative department and other relevant departments Water conservancy administrative departments under local people's Article 9 Flood control planning refers to the overall arrangement for Flood control planning should be subject to the comprehensive planning of Flood control planning constitutes the basis for the control of Article 10 Flood control planning for major rivers and lakes designated Flood control planning for other rivers, river courses and lakes or Urban flood control planning shall, in accordance with the river basin Amendment to flood control planning should be subject to the approval from Article 11 The formulation of flood control planning should, following Flood control planning should include the protected objects, aims and Article 12 Local people's governments at or above the county level in Article 13 Local people's governments at or above the county level in Distribution of cities, towns and other inhabited areas as well as Article 14 Local people's governments concerned in areas liable to People's governments of cities and towns should strengthen the Article 15 The water conservancy administrative department under the Reclaiming land from seawaters in estuaries mentioned in the preceding Article 16 Land to be used for realignment of river courses as planned in The planned reserve zones should be announced upon delimitation according No industrial or mining facilities not related to flood control may be Land to be used for expanding or exploring man-made floodwater drainage Article 17 Construction of flood control works or other hydraulic works When the feasibility study report for flood control works or other Article 18 For the prevention and control of flood in rivers, For the prevention and control of flood in rivers, measures Article 19 In the realigning of river courses and building up Planned realigning and leading lines for major rivers designated by the Planned realigning and leading lines for other rivers or river courses Article 20 Where the realignment of river courses or lakes involves The realignment of river courses in rivers which are suitable for bamboo Article 21 The control of rivers and lakes shall follow the principle of Main courses of major rivers and lakes designated by the state, major The scope of control for any river course or lake with embankments shall The scope of river courses and lakes under direct control of river basin Article 22 The use of land and shore lines within the scope of control Within the scope of control for any river course or lake it is prohibited It is prohibited to plant trees or long-stalk crops impeding flood Restrictions of speed should be imposed in river courses where navigation Article 23 Enclosing a lake for cultivation is prohibited. Those Enclosing river courses for cultivation is prohibited. If enclosure is Article 24 Local people's governments should in a planned way organize Article 25 Administrative agencies for rivers and lakes shall organize Article 26 For those bridges, approaches, wharves and other engineering Article 27 The construction of bridges, wharves, roads, ferries, If engineering structures mentioned in the preceding paragraph need to Article 28 The water conservancy administrative department shall have the The acceptance of engineering structures mentioned in the preceding Article 29 A flood control area means an area where floodwater is A flooded area means an area to which floodwater reaches without the A flood storage and detention area means a depression or a lake from A flood control protected area means an area protected by flood control The scope of a flooded area, a flood storage and detention area or a flood Article 30 People's governments at all levels should, according to flood Article 31 Local people's governments at all levels should strengthen Article 32 People's governments of provinces, autonomous regions and Regions and units directly benefiting from flood storage and detention The State Council and relevant people's governments of provinces, Article 33 Where a construction project not intended for flood control is Flood impact assessment reports for oilfields, railways, highways, mines, Houses built within flood storage and detention areas shall have flat Article 34 Flood control work should focus on large and medium-sized Cities, economic development zones, industrial and mining areas and In urban construction, no one may, without authorization, stuff or block Article 35 The scope of administration and protection of state-owned The scope of protection of collective-owned flood control works should be Within the scope of protection of flood control works, exploding, drilling Article 36 People's governments at all levels should organize the People's governments at all levels and the relevant administrative Article 37 No unit and individual may damage, occupy or destroy flood Article 38 The administrative heads of people's governments at all levels Article 39 The State Council establishes the state flood control The flood control headquarters for major rivers and lakes designated by Local people's governments at or above the county level responsible for Article 40 Local people's governments at or above the county level Flood prevention schemes for the Yangtze River, Yellow River, Huai River Flood control headquarters at all levels and departments or units Article 41 Flood control headquarters under people's governments of When the water situation of any river or lake approaches the guaranteed Article 42 Obstacles in river courses or lakes which impede flood During the emergency flood reason, the state flood control headquarters or Article 43 During the flood reason, departments concerned of meteorology, The People's Liberation Army, the People's Armed Police Forces and the Article 44 During the flood reason, the use of reservoirs, sluices, dams During the flood season, no reservoir may store water above the flood During the melting ice flood season, any reservoir upstream a river or Article 45 During the emergency flood season, the flood control Materials, equipment and means of transport allocated according to the Article 46 Where the water level or the flow of any river or lake attains Article 47 After the occurrence of flood and waterlogging, the relevant The state encourages and supports the flood insurance. Article 48 People's governments at all levels should take measures to Article 49 Realignment of rivers and lakes and construction and Enterprises and institutions in charge of oilfields, pipelines, railways, Article 50 The Central finance should allocate funds for flood Article 51 The state establishes a fund for water conservancy projects The provinces, autonomous regions and municipalities directly under the Article 52 Local people's governments at all levels responsible for flood Article 53 No unit or individual may intercept or appropriate funds and Auditing organs of people's governments at all levels should strengthen Article 54 Any violator of the provisions of Article 17 of this Law who, Article 55 Any violator of the provisions of Article 19 of this Law who Article 56 Any violator of the provisions of the second and third (1) constructing buildings or structures impeding flood discharge within (2) dumping garbage and waste residues or engaging in activities affecting (3) planting trees or long-stalk crops impeding flood discharge in river Article 57 Any violator of the provisions of the second paragraph of Article 58 Any violator of the provisions of Article 27 of this Law who Article 59 Any violator of the provisions of the first paragraph of Any violator of the provisions of the second paragraph of Article 33 of Article 60 Any violator of the provisions of Article 34 of this Law who, Article 61 Any violator of this Law who damages, occupies or destroys Article 62 Whoever obstructs or threatens any functionary of the flood Article 63 Whoever intercepts or appropriates funds and materials for Article 64 Administrative penalties and administrative measures Article 65 Any state functionary who commits one of the following acts (1) in violation of the provisions of Article 17, Article 19, the second (2) abusing power, neglecting duties or engaging in malpractices for (3) refusing to implement the flood prevention schemes, flood control and (4) in violation of the provisions of this Law, causing or aggravating Article 66 This Law shall come into force as of January 1, 1998.
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Chapter I General Provisions
flood, taking precautions against and alleviating calamities by
flood and waterlogging, maintaining the safety of people's lives and
property, and safeguarding the smooth progress of the socialist modernization
construction.
unified planning, overall consideration, focusing on prevention, integrated
measures for treatment and subordinating local interests to general interests.
into the national economic and social development plan.
combining government input with rational payment by beneficiaries.
subject to the overall arrangements for flood control and observe the
principle of combining the promotion of advantages with the elimination of
disadvantages.
works should conform to the comprehensive plans for river basins and be
integrated with the comprehensive exploration of water resources in river
basins.
exploration of water resources and the prevention and control of water
disasters.
river basins or administrative areas and according to a system by which
unified planning shall be implemented at different levels and consideration
given to the administration of river basins as well as the administration of
administrative areas.
flood control works and to take part in flood control and flood fighting
according to law.
leadership over the work for flood control, organize departments and units
concerned, mobilize social forces, depend on scientific and technological
progress, harness rivers and lakes in a planned way and take measures to
enforce the construction of flood control works in order to consolidate and
enhance flood control capacity.
concerned and mobilize social forces to ensure flood control and flood
fighting and reconstruction and relief work after flood or waterlogging
calamities.
and detention areas and provide compensations and aids according to the state
provisions after flood storing and detaining.
Council shall, under the leadership of the State Council, be responsible
for routine duties of organization, coordination, supervision and guidance for
flood control nationwide. River basins administrative agencies set up by the
water conservancy administrative department under the State Council for major
rivers and lakes as designated by the state shall perform duties of
coordination, supervision and administration of flood control within their
jurisdiction as provided for by laws and administrative regulations and
authorized by the water conservancy administrative department under the State
Council.
under the State Council shall, under the leadership of the State Council, be
responsible for relevant work of flood control within their scope of powers
and duties.
governments at or above the county level shall, under the leadership of the
people's governments at the same level, be responsible for routine duties of
organization, coordination, supervision and guidance for flood control within
their respective administrative areas. Construction administrative departments
and other relevant administrative departments under local people's governments
at or above the county level shall, under the leadership of the people's
governments at the same level, be responsible for relevant work of flood
control within their scope of powers and duties.
Chapter II Flood Control Planning
the prevention and control of flood and waterlogging calamities in a
certain river basin, river course or region, including river basin flood
control planning for major rivers and lakes designated by the state, flood
control planning of other rivers, river courses and lakes as well as regional
flood control planning.
a certain river basin or region. Regional flood control planning should be
subject to the flood control planning for a certain river basin.
rivers and lakes and the construction of flood control works.
by the state shall, in accordance with comprehensive river basin planning for
these rivers and lakes, be formulated by the water conservancy administrative
department under the State Council in conjunction with other relevant
departments and the people's government(s) of the province(s), autonomous
region(s) and municipality(s) concerned directly under the Central Government,
and submitted to the State Council for approval.
regional flood control planning shall, separately in accordance with
comprehensive river basin planning and comprehensive regional planning, be
formulated by water conservancy administrative departments under local
people's governments at or above the county level in conjunction with other
relevant departments or regions, submitted to the people's governments at the
same level for approval and then submitted to the water conservancy
administrative departments under the people's governments at the next higher
level for the record. Flood control planning for rivers, river courses or
lakes involving two or more provinces, autonomous regions and municipalities
directly under the Central Government shall be drafted by the administrative
agency for the relevant river basin in conjunction with the water conservancy
administrative departments and other relevant departments under the people's
government(s) of the province(s), autonomous region(s) and municipality(s)
directly under the Central Government wherein the river, river course or lake
drains water and, after the people's government(s) of the province(s),
autonomous region(s) and municipality(s) involved directly under the Central
Government examines it and comes up with comments, be submitted to the water
conservancy administrative department under the State Council for approval.
flood control planning and the regional flood control planning of the people's
government at the next higher level, be formulated by the water conservancy
administrative department, the construction administrative department and
other relevant administrative departments under the people's government of a
city which shall organize those administrative departments in the formulation
of the planning, and be included into the overall urban planning subject to
approval through the examination and approval procedures stipulated by the
State Council.
the original approval organ.
the principle of ensuring key projects and considering others at the same
time, and integrating flood control with drought fighting, engineering
measures with non-engineering measures, take full account of the flood-drought
law, the relation of the upper and lower reaches and of both banks of a river,
and the requirements for flood control in the national economy, and be
coordinated with the national land planning and the overall land use planning
as well.
tasks of flood control, flood control measures and action plans, delimit the
flooded area, the flood storage and detention area and the flood control
protected area, and determine the principle for use of the flood storage and
detention area.
coastal areas which are threatened by storm tides should include the
prevention of storm tides into the flood control planning within their
respective areas, strengthen the construction of systems of anti-storm tides
works including sea walls (sea dykes), tidewater gates and coastal
shelter-forest, and supervise the design and construction of buildings and
constructions that should meet the requirements for the prevention of storm
tides.
areas where mountain torrents may trigger landslides, collapses and mud-rock
flows and in other area where mountain torrents frequently occur should
organize the departments in charge of geological and mineral administration,
water conservancy administrative departments and other relevant departments to
conduct a general investigation on hidden dangers of landslides, collapses and
mud-rock flows, to delimit zones for focal control, and to take prevention and
control measures.
factories, mines and trunk lines of railways and highways should avert the
threat of mountain torrents; for those having been built in places
threatened by mountain torrents, precautions should be taken.
waterlogging such as plains, depressions, river networks and embankment areas,
valleys and basins should formulate planning for elimination and control of
waterlogging, organize relevant departments and units to take corresponding
control measures, improve drainage systems, develop types and varieties of
waterlogging-enduring crops and take integrated measures for controlling
flood and waterlogging, drought, saline and alkaline land.
administration and construction of waterlogging drainage piping systems and
pumping stations in urban areas.
State Council should, in conjunction with the relevant departments and the
people's governments concerned of provinces, autonomous regions and
municipalities directly under the Central Government, formulate the planning
for controlling estuaries in the Yangtze River, Yellow River, Pearl River,
Liao River, Huai River and Hai River.
paragraph should conform to the planning for controlling estuaries.
flood control planning and land to be used for dykes in planned construction
projects may be delimited as planned reserve zones upon verification by the
land administrative department and the water conservancy administrative
department in conjunction with the involved areas, and submitted for approval
of the people's government at or above the county level within the scope of
powers authorized by the State Council. If land within the planned reserve
zones involves that to be used in other projects, the land administrative
department and the water conservancy administrative department should consult
with departments concerned for verification of land.
to the provisions of the preceding paragraph.
constructed within the planned reserve zones. If special circumstances exist
under which it is really necessary for state industrial and mining projects to
occupy land within the planned reserve zones mentioned in the preceding
paragraph, approval should be obtained according to the procedures set by the
state for capital construction and consultations should be made with the
relevant water conservancy administrative department.
channels as determined in flood control planning may be delimited as planned
reserve zones to which the provisions in the preceding paragraph shall apply
upon verification by the land administrative department and the water
conservancy administrative department of the people's government at or above
the provincial level in conjunction with other relevant departments and
regions and submitted for approval of the people's government at or above the
provincial level within the scope of powers authorized by the State Council.
and hydropower stations in rivers and lakes should conform to the requirements
of flood control planning. Reservoirs should keep adequate storage capacity
for flood control according to the requirements of flood control planning.
hydraulic works and hydropower stations stipulated in the preceding paragraph
is submitted for approval pursuant to the procedures set by the state for
capital construction, a consent document for planning issued by the relevant
water conservancy administrative department which conforms to the requirements
of flood control planning should be enclosed as an appendix.
Chapter III Control and Prevention
attention should be paid to flood storage as well as to flood discharge. The
smooth drainage of floodwater should be ensured by giving full play to flood
drainage capacity of river courses and flood redistribution and storage
functions of reservoirs, depressions and lakes, intensifying the protection of
river courses and taking measures to remove and dredge silt at regular
intervals in line with local conditions.
should be taken to protect and expand the coverage of forest, grass and other
vegetation in river basins, conserve water resources and intensify the
comprehensive control of water and soil conservation in river basins.
construction projects for leading the river direction or protecting
embankments, full consideration should be given to the relations between the
lower and upper reaches and between both sides of a river and the planned
realigning and leading line be followed. The direction of a river shall not be
changed at will.
state shall be worked out by river basin administrative agencies and submitted
to the water conservancy administrative department under the State Council for
approval.
shall be worked out by water conservancy administrative departments under
local people's governments at or above the county level and submitted to the
people's governments at the same level for approval. Planned realigning and
leading lines of rivers or river courses involving two or more provinces,
autonomous regions and municipalities directly under the Central Government
and of boundary river courses of provinces, autonomous regions and
municipalities directly under the Central Government shall, under the
leadership of river basin administrative agencies concerned, be worked out by
water conservancy administrative departments under the people's governments of
provinces, autonomous regions and municipalities directly under the Central
Government of involved rivers or river courses and, after the people's
governments concerned examine the proposed lines and come up with comments,
submitted to the water conservancy administrative department under the State
Council for approval.
navigable waterways, full consideration should be given to the requirements
for navigation and views solicited in advance from the administrative
departments for transportation. The realignment of navigable waterways should
conform to the safety requirements for flood control in rivers and lakes and
views solicited in advance from the water conservancy administrative
departments.
and log rafting or in fishery water areas should take into account the needs
for bamboo and log water transportation and fishery development and views
should be sought in advance from the administrative departments for forestry
and fishery. The bamboo and log rafting in river courses should not affect the
safety of flood passage and flood control works.
unified control in line with water systems combined with control at different
levels in order to strength the protection and ensure the smooth passage.
river courses and lakes involving two or more provinces, autonomous regions
or municipalities directly under the Central Government, boundary rivers and
lakes of provinces, autonomous regions or municipalities directly under the
Central Government as well as river courses and lakes which serve as national
boundaries (borderlines) shall, according to the designation of the water
conservancy administrative department under the State Council, be under the
control of river basin administrative agencies and water conservancy
administrative departments under the people's governments of provinces,
autonomous regions and municipalities directly under the Central Government in
the place where rivers and lakes are drained. Other river courses and lakes
shall, according to the designation of the water conservancy administrative
department under the State Council or its authorized agencies, be under the
control of water conservancy administrative departments under local people's
governments at or above the county level.
include the water area, sandbanks, beaches, the flood passage area, the
embankments and dyke protections between the embankments on both sides. The
scope of control for any river course or lake without embankments shall
include the water area, sandbanks, beaches and the flood passage area between
the all-time high flood levels or the designed flood levels.
administrative agencies shall be delimited by river basin administrative
agencies in conjunction with local people's governments concerned at or above
the county level in accordance with the provisions of the preceding paragraph.
The scope of control for other river courses and lakes shall be delimited by
local people's governments concerned at or above the county level in
accordance with the provisions of the preceding paragraph.
for any river course or lake should conform to the requirements for flood
discharge and water flow.
to construct buildings or structures impeding flood discharge, dump garbage
and waste residues or engage in activities affecting the stability of river
flows, harming the safety of banks and embankments or other activities
impeding flood discharge in river courses.
discharge in river courses used for flood discharge.
of ships may endanger the safety of embankments. Marks for speed restrictions
shall be set up upon the consultation between administrative departments for
transportation and water conservancy.
reclaimed lakes should be put in order according to the standards set by the
state for flood control and restored from farmland in a planned way.
really necessary, scientific authentication should be carried out and on
confirmation by the water conservancy administrative department that there is
no impediment of flood discharge and water flow, submitted to the people's
government at or above the provincial level for approval.
residents to move out of river courses for passage of floodwater.
the planting and maintenance of protective trees along banks and embankments.
Protective trees along banks and embankments shall not be felled without
authorization. If anyone intends to fell them, he must obtain the consent from
administrative agencies for river courses and lakes, go through the
formalities for a felling licence and complete the task of regeneration and
planting of trees as required.
structures across a river which seriously intercept or block water, the water
conservancy administrative department concerned may, according to the flood
control standards, report to the people's government at or above the county
level that will, within the scope of powers provided by the State Council,
order the construction unit to rebuild or dismantle them within a time limit.
pipelines, cables and engineering structures for tapping or draining water
which need to cut across rivers, through rivers or embankments, or to stand
on rivers should conform to flood control standards, shore lines planning,
navigation requirements and other technical requirements, and shall not
endanger the safety of embankments, affect the stability of river conditions
or impede the smooth passage of floodwater. Before the feasibility study
report of the involved project is to be submitted for approval according to
the procedures set by the state for capital construction, the engineering
construction scheme included in the report should be subjected to the
examination and approval of the relevant water conservancy administrative
department in accordance with the requirements for flood control as
mentioned above.
occupy land within the scope of control for any river course or lake, or to
cut across the space over any river course or lake, or to go through
riverbeds, the construction unit should subject the position and border of
the engineering structures to the examination and approval of the relevant
water conservancy administrative department before completing the formalities
for starting the projects according to law. In the arrangement for the
construction project, the position and border should be followed as approved
by the water conservancy administrative department.
right to inspect engineering structures constructed according to the
provisions of this Law within the scope of control for river courses or lakes.
When the water conservancy administrative department exercises inspection, the
inspected should truthfully provide the information and materials concerned.
paragraph upon completion should be taken part in by the water conservancy
administrative department.
Chapter IV Administration of Flood Control Areas and Flood Control Works
likely to inundate, which is classified as a flooded area, a flood storage
and detention area or a flood control protected area.
protection of works.
outside embankments including flood-diversion mouths for temporarily storing
floodwater.
works according to flood control standards.
control protected area shall be delimited in the flood control planning or
the flood prevention scheme, reported to the people's government at or above
the provincial level according to the scope of powers provided for by the
State Council and if approved, announced to the public.
control planning, exercise administration of the use of land within different
flood control areas.
leadership over the safety and construction work within flood control areas
and organize relevant departments and units to conduct flood control education
among units and residents within flood control areas, to popularize flood
control know-how and to enhance their awareness of flood control. They should,
according to flood control planning and flood prevention schemes, establish
and perfect the flood control system as well as systems for hydrology,
meteorology, communications, early warning and monitoring of flood and
waterlogging in order to improve the capability for flood control. They should
organize units and residents within flood control areas to actively take part
in flood control work and take measures for flood control and flood evasion
in the light of local conditions.
municipalities directly under the Central Government in places where flooded
areas or flood storage and detention areas are located should, as required by
flood control planning, organize relevant departments and units to formulate
safety and construction work plans for flooded areas and flood storage and
detention areas, to bring under control population growth within flood storage
and detention areas, to move residents in a planned way out of flood storage
and detention areas which are frequently in use, and to take other necessary
safety and protective measures.
areas should bear obligations of compensation and aid to flood storage and
detention areas as required by the state. The State Council and relevant
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government should establish a system to support and
give compensations and aids to flood storage and detention areas.
autonomous regions and municipalities directly under the Central Government
may formulate measures for control of safety and construction within flooded
areas and flood storage and detention areas and measures for giving support,
compensations and aids to flood storage and detention areas.
to be carried out within a flooded area or a flood storage and detention area,
the possible impact of floodwater on the construction project and the
possible impact of the construction project on flood control should be
assessed, a flood impact assessment report be provided and precautions be put
forward. When submitted for approval according to the procedures set by the
state for capital construction, the feasibility study report of the
construction project should include the flood impact assessment report having
been examined and approved by the relevant water conservancy administrative
department.
power plants, telecommunications installations and pipelines to be built
within flood storage and detention areas should include flood control and
flood evasion plans arranged by construction units themselves. When the
construction project is to be put into operation or use, their flood control
works should pass the acceptance by the water conservancy administrative
department.
roofs.
cities, trunk lines of major railways and highways as well as large-sized key
enterprises and their safety be guaranteed.
important state agricultural production bases under the threat of
floodwater should be protected as key areas and necessary flood
control works constructed.
up originally existing river courses, ditches, branching streams and
waterlogging lakes, pools or depressions, or demolish originally existing
embankments used for flood control. If it is really necessary to stuff or
block up or demolish them, consent should be obtained from the water
conservancy administrative department and the case be reported to the people's
government of the city for approval.
flood control works should be determined by people's governments at or above
the county level according to the state provisions before the completion and
acceptance of the projects according to the approved design.
determined according to the provisions of people's governments of provinces,
autonomous regions and municipalities directly under the Central Government.
wells, quarrying stones, collecting earth or other operations endangering the
safety of flood control works are prohibited.
relevant departments to intensify the regular inspection, supervision and
administration over dams of reservoirs. For those dams in danger which fail to
conform to the designed flood standards and anti-earthquake defence
requirements, or have serious quality defects, the department in charge of the
dams should organize the relevant units to take measures to eliminate dangers
and reinforce dams, set a time limit to get rid of dangers or rebuild dams,
and the relevant people's governments should give priority to funds needed.
For reservoirs whose dams are likely to collapse, emergency measures for
rush repair and schemes for temporarily evacuating residents should be worked
out in advance.
departments should strengthen the supervision and management of tailings dams
and take measures to avoid the collapse of dams in floodwater.
control works such as dams, embankments, sluices, bank revetments, pumping
stations and drainage systems, hydrological and communications facilities and
stand-by apparatuses and materials for flood control.
Chapter V Flood Control and Flood Fighting
shall assume overall responsibility for the work of flood control, with
different levels and different departments responsible for part of work under
a centralized command.
headquarters responsible for leading and organizing the flood control and
flood fighting work nationwide, with its agency in the water conservancy
administrative department under the State Council.
the state may be established and formed by persons in charge of the relevant
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government and persons in charge of the
administrative agencies for these rivers and lakes, which shall take control
of the flood control and flood fighting work within their jurisdiction and
have their agencies in the administrative agencies for rivers and lakes.
flood control and flood fighting shall establish flood control headquarters
formed by persons in charge of the relevant departments, local garrisons and
the people's armed forces departments. Under the leadership of the flood
control headquarters at the next higher level and the people's governments at
the same level, the flood control headquarters shall take control of the work
of flood control and flood fighting and have their agencies in the water
conservancy administrative departments at the same level. When necessary, the
flood control headquarters may, subject to the decision of people's
governments of cities, establish city district agencies under the construction
departments with responsibility for handling routine duties of flood control
and flood fighting in urban districts under the unified leadership of the
flood control headquarters.
responsible for flood control and flood fighting shall, in accordance with the
comprehensive plans for river basins, in the light of the actual conditions
of flood control works and based on the flood control standards set by the
state, formulate the flood prevention schemes (including the measures for
dealing with catastrophic floods).
and Hai River shall be formulated by the state flood control headquarters and
submitted to the State Council for approval. Flood prevention schemes for
other rivers involving two or more provinces, autonomous regions and
municipalities directly under the Central Government shall be formulated by
the relevant river basins administrative agencies in conjunction with the
relevant people's governments of provinces, autonomous regions and
municipalities directly under the Central Government and submitted to the
State Council or its authorized agency for approval. On approval, the flood
prevention schemes shall be carried out by the local people's governments
concerned.
responsible for flood control and flood fighting must make preparations for
flood control and flood fighting according to the flood prevention schemes.
provinces, autonomous regions and municipalities directly under the Central
Government shall, according to the law of floods in their localities, fix the
starting and ending date for flood seasons.
water level or the safety flow capacity, or when the water level of any
reservoir approaches the level of design flood, or when a great danger occurs
to flood control works, the flood control headquarters under the relevant
people's government at or above the county level may declare an emergency
flood season.
passage shall, according to the principle of whoever places the obstacles will
remove them, be removed within a time limit by order of the flood control
headquarters. If obstacles have not yet been removed within the time limit,
the flood control headquarters shall organize a forcible removal at the
expense of the person who placed the obstacles.
its authorized flood control headquarters in provinces, autonomous regions and
municipalities directly under the Central Government shall have the right to
take emergency measures against bridges, approaches, wharves and other
engineering structures across a river which seriously intercept or block
water.
hydrology and oceanology should provide real-time information on weather and
hydrology as well as forecasts of storm tides for the relevant flood control
headquarters within their respective functions and duties, the
telecommunications departments should give priority to providing services for
communications for flood control and flood fighting, and departments concerned
of transportation, electricity and supply of materials should give priority to
providing services for flood control and flood fighting.
militia should perform duties of flood fighting and emergency operations
entrusted by the state.
and other water engineering structures must be subjected to the command,
control and supervision of the relevant flood control headquarters.
season restricted level without authorization and the use of flood control
capacity beyond the flood season restricted level of any reservoir must be
subjected to the command, control and supervision of the relevant flood
control headquarters.
lake responsible for the control of melting ice flood must obtain the consent
of the relevant flood control headquarters and be subject to its supervision
when discharging its flow downstream.
headquarters shall, according to the requirements for flood control and flood
fighting, have the right to allocate materials, equipment, means of transport
and manpower within their jurisdiction and to make decisions for collecting
earth, occupying land, felling trees, removing obstacles blocking water and
taking other necessary emergency measures. When necessary, departments for
public security and traffic control shall, according to the decision of the
flood control headquarters, execute traffic control on land and in water
areas.
provisions of the preceding paragraph should be returned promptly after the
flood season. If they have been damaged or are unable to be returned, proper
compensations should be given or other measures be taken according to the
relevant state provisions. Those who collected earth, occupied land or felled
trees shall apply to the competent department for completing required
formalities according to law after the flood season. The local people's
government concerned shall organize the reclamation of land on which earth was
collected and organize the planting of trees in the place where trees were
felled.
the flood diversion standards of the state which needs to put a flood storage
and detention area in use, the State Council, the state flood control
headquarters, the flood control headquarters of the river basin, the people's
government and the flood control headquarters of the province, autonomous
region or municipality directly under the Central Government shall, according
to the conditions for starting the use of a flood storage and detention area
and approval procedures stipulated in the approved flood prevention scheme,
make a decision on starting the use of the flood storage and detention area.
No unit or individual may obstruct or delay the use of a flood storage and
detention area. In the event of someone's obstruction or delay, the relevant
local people's government at or above the county level shall execute the use
forcibly.
people's government should organize the relevant departments and units to
ensure the relief work in the disaster area in respect of supply of
necessities, health care and immunity, supply of relief materials, public
security, resumption of classes, resumption of production and rebuilding of
homes as well as repairing of various engineering structures destroyed
in floodwater within its jurisdiction. The renovation of flood control works
should take precedence in the annual construction plans of the relevant
departments.
Chapter VI Guarantee Measures
improve the overall level of flood control allocations.
maintenance of flood control works shall, according to the principle of
consistency of business power and financial power, and with responsibility
divided at different levels, be financed by the Central authorities and local
authorities respectively. The construction and maintenance of flood control
works in cities shall be financed by the people's governments of cities.
mines, electric power and telecommunications in flood-threatened areas shall
raise funds by themselves to build up necessary self-securing flood control
works.
fighting and emergency operations when embankments and dams of major rivers
and lakes designated by the state suffer catastrophic floods and waterlogging
and for renovation of flood control works destroyed by floodwater. People's
governments of provinces, autonomous regions and municipalities directly under
the Central Government should allocate funds from financial budgets at their
level for flood fighting and emergency operations in areas afflicted by
catastrophic floods and waterlogging within their administrative regions and
for renovation of flood control works destroyed by floodwater.
for the purpose of the maintenance and construction of flood control works and
water conservancy works. The State Council shall stipulate the specific
measures for this fund.
Central Government threatened by floodwater may, for the purpose of
strengthening the construction of flood control works and improving the
capacity for flood control within their administrative regions and according
to the relevant provisions of the State Council, stipulate the levying of a
fee for construction, maintenance and administration of river course projects
within flood control protected areas.
control should, according to the relevant provisions of the State Council,
assign village compulsory labour and accumulative labour at a proper ratio
for the construction and maintenance of flood control works.
materials for flood control and disaster relief.
the supervision through auditing of the use of funds for flood control and
disaster relief.
Chapter VII Legal Liability
without his consent document for planning approved by the water conservancy
administrative department, builds flood control works or other hydraulic works
and hydropower stations on rivers and lakes shall be ordered to stop the
illegal act and complete the formalities for the consent document for
planning. In case where violation of requirements in the consent document for
planning seriously affects flood control, the violator shall be ordered to
dismantle his works within a time limit. In case where violation of
requirements in the consent document for planning affects flood control but
remedies can be taken, the violator shall be ordered to take remedies within a
time limit and may be concurrently fined not less than RMB 10,000 yuan and not
more than RMB 100,000 yuan.
fails to follow the planned realigning and leading line to realign river
courses and build up construction projects for leading the river direction or
protecting embankments shall, if the flood control work is affected, be
ordered to stop the illegal act, restore to the original state or take other
remedies and may be concurrently fined not less than RMB 10,000 yuan and not
more than RMB 100,000 yuan.
paragraphs of Article 22 of this Law who commits one of the following acts
shall be ordered to stop the illegal act, remove the obstacles or take other
remedies and may be concurrently fined not more than RMB 50,000 yuan.
the scope of control for river courses and lakes;
the stability of river flows, harming the safety of banks and embankments or
other activities impeding flood discharge in river courses within the scope of
control for river courses and lakes; or
courses used for flood discharge.
Article 15 and Article 23 of this Law who reclaims land from seawaters or
encloses a lake or river course for cultivation shall be ordered to stop the
illegal act, restore land to the original state or take other remedies and may
be concurrently fined not more than RMB 50,000 yuan. If the violator neither
restores land to the original state nor takes other remedies, the competent
department shall do so at his expense.
fails to obtain approval for its engineering construction scheme from the
relevant water conservancy administrative department, or fails to follow the
position and border as approved by the water conservancy administrative
department in engaging in the construction of engineering structures within
the scope of control for river courses and lakes shall be ordered to stop the
illegal act and to complete the formalities for examination and approval. If
the construction of engineering structures seriously affects the flood control
work, the violator shall be ordered to dismantle them within a time limit. If
he fails to do so within the time limit, the competent department shall
dismantle them forcibly at the construction unit's expense. If remedies can be
taken for impact on the discharge of flood, the violator shall be ordered
to take remedies within a time limit and may be concurrently fined not less
than RMB 10,000 yuan and not more than RMB 100,000 yuan.
Article 33 of this Law who fails to provide a flood impact assessment report
for a construction project not intended for flood control within a flooded
area or a flood storage and detention area shall be ordered to make
corrections within a time limit. If he fails to do so within the time limit,
the violator shall be fined not more than RMB 50,000 yuan.
this Law who puts the construction project in operation or use while the flood
control works have not yet passed the acceptance by the water conservancy
administrative department shall be ordered to stop the production or use, pass
the acceptance of the flood control works within a time limit and may be
concurrently fined not more than RMB 50,000 yuan.
without authorization, stuffs or blocks up originally existing river courses,
ditches, branching streams and waterlogging lakes, pools or depressions, or
demolishes originally exiting embankments used for flood control in urban
construction shall be ordered by the people's government of the city to stop
the illegal act, restore to the original state or take other remedies.
embankments, sluices, bank revetments, pumping stations, drainage systems or
other flood control works, or hydrological or communications facilities, or
stand-by apparatuses or materials for flood control shall be ordered to stop
the illegal act, take remedies and may be concurrently fined not more than RMB
50,000 yuan. If damage has been caused, the violator shall bear civil
liability according to law. Should an administrative penalty
be given, the Regulations on Administrative Penalties for Public Security
shall apply. If a crime has been constituted, criminal liability shall be
investigated according to law.
control headquarters, water conservancy administrative departments or river
basin administrative agencies who performs duties according to law shall, if
a crime has been constituted, be investigated for criminal liability according
to law. If a crime has not been constituted and administrative penalty for
public security should be given, the Regulations on Administrative Penalties
for Public Security shall apply.
flood control and disaster relief shall, if a crime has been constituted, be
investigated for criminal liability according to law. If a crime has not been
constituted, administrative sanctions shall be given.
stipulated in this Chapter with exception of the provisions in Article 60 of
this Law shall be decided by water conservancy administrative departments of
people's governments at or above the county level, or by river basin
administrative agencies within the scope of powers provided for by the water
conservancy administrative department under the State Council. However,
administrative penalties for public security stipulated in Articles 61 and 62
of this Law shall be decided by organs as provided for in the Regulations on
the Administrative Penalty for Public Security.
shall, if the act has constituted a crime, be investigated for criminal
liability according to law. If a crime has not been constituted,
administrative sanctions shall be given.
or third paragraph of Article 22, Article 27 or Article 34, affecting flood
control seriously;
personal gains resulting in heavy losses to the flood control and flood
fighting work;
emergency operational instructions or flood control operational plans such as
flood storage and detention plans or measures, or dispatching and operation
plans in flood seasons; or
flood losses to contiguous regions or other units.
Chapter VIII Supplementary Provision
URL: http://www.asianlii.org/cn/legis/cen/laws/fcl170