Public
Notice of the Standing Committee of
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The
Shenzhen Municipal People' s Congress
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(No.
39)
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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. |
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The
Standing Committee of the Shenzhen Municipal People' s Congress
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Regulations
of Shenzhen Special Economic Zone
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on
Conservation of Water and Soil |
(Adopted
on February 26, 1997 at the Thirteenth Meeting |
of
the Second Shenzhen Municipal People' s Congress) |
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Chapter
I General Provisions
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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. |
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Chapter
II Prevention
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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 and 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 Water 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 be built
up or other control measures shall be taken to prevent the water
loss
and soil erosion. |
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Chapter
III Control
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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. |
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Chapter
IV Supervision and
Administration
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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 done 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. |
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Chapter
V Legal Liabilities
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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. |
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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 court within 15 days
from the date of receiving the notice of the review decision; a
party concerned
may also bring a charge directly to the
people' s court within 15 days from the date of receiving a
penalty notice. |
If
a party concerned has neither implemented a penalty decision by
a deadline, nor applied for review,
nor brought a charge to the
people' s court, the department which has made the penalty
decision
may apply to the people' s court for enforcement. |
Article
37 Anyone who has incurred the
damage of the water loss and soil erosion shall have the
responsibility
to remove the danger and make compensation to the
damage-suffering units and individuals for their loss. |
A
dispute over the responsibility and the amount of money for
compensation shall, at the request
of a party concerned, be
settled by a department of water affairs; if the party concerned
has refused
to accept the settlement decision, a charge may be
brought to the people' s court. The party concerned may also
directly bring a charge to the people' s court. |
If
the damage of the water loss and soil erosion incurred by
irresistible natural calamities is
still unavoidable even after
the rational measures have been promptly taken, no one shall be
held
liable. |
Article
38 If anyone of the supervision
and administration staff for conservation of water and soil has
incurred
the damage to public property, the interests of the
state and the people by neglecting duties and abusing power,
the
unit which the person concerned is affiliated with or the
responsible department at a higher
level shall impose a
disciplinary sanction; if there is a crime which has been
constituted, the
criminal responsibility shall be ascertained
according to law. |
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Chapter
VI Supplementary
Provisions
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Article
39 The Shenzhen Municipal
People' s Government may formulate detailed implementation
rules according
to these regulations. |
Article
40
These regulations shall take effect as of the date of
promulgation. |