Laws of the Guangdong Province

Regulations of the Shenzhen Special Economic Zone on the Administration of Water Resources

(Adopted at the Twenty-Seventh Meeting of the Standing Committee of the First Shenzhen Municipal People' s Congress on December 26, 1994; revised at the

Thirty-Second Meeting of the Standing Committee of the Third Shenzhen Municipal People' s Congress on June 25, 2004)

Chapter I General Provisions

       Article 1 In order to strengthen the administration of water resources, reasonably develop, utilize and protect water resources, bring the comprehensive benefits of water resources into full play to adapt to the needs of the economic development and people' s life of the Shenzhen Special Economic Zone, these regulations are hereby formulated in accordance with Water Law of the People' s Republic of China and in the light of the practical conditions of the Special Zone.

       Article 2 The water resources referred to in these regulations shall include surface water and underground water. As for the development, utilization, protection and administration of sea water and half salt water in estuaries, separate regulations shall be formulated.

       The water works referred to in these regulations shall include water storage works, water diversion works, and water taking works. The water storage works mean the works to dam up and store the surface water current; the water diversion works mean the works to make a connection and to channel water between water storage works or to draw water from a river to water storage works; the water taking works mean the facilities to draw water directly from rivers or from underground.

       Article 3 Water resources are owned by the state.

       After paying the water resources fee, the water stored at water storage works shall be owned by the owner of the water storage works, the underground water which has been exploited shall be owned by the persons who have exploited the underground water.

       The water of the ponds, reservoirs owned by agricultural collective economic organizations shall be owned by these collectivities.

       Article 4 For the development, utilization and protection of water resources, there shall be an overall plan, unified arrangements with due consideration for all concerned, comprehensive utilization, stress on the efficiency and benefits, and efforts to bring the multiple functions of water resources into full play.

       Article 5 It shall be encouraged to develop, utilize and protect water resources by multi-channel investment. Anyone who is engaged in the construction of water diversion works or water storage works shall enjoy the preferential treatment according to the policies on the investment in basic industries. Water storage works shall be exempt from the water resources fee for 3 to 5 years from the date of the completion of the works.

       Article 6 The people' s governments at various levels shall strengthen the administration of water saving, urge units and individuals in their water consumption to adopt the advanced technology to save water, raise the rate of repeated water use, and reduce the amount of consumed water. The regions which are near to the sea shall be encouraged to utilize the sea water, awards shall be granted to the units and individuals who distinguished themselves by their achievements in water saving and in the related scientific and technological research.

       Article 7 The administrative department of water (hereinafter referred to as the municipal department of water) of the Shenzhen Municipal People' s Government (hereinafter referred to as the municipal government) shall be the department in charge of water resources, responsible for the unitary administration of water resources; the administrative departments of water of various district people' s governments (hereinafter referred to as the district departments of water) shall be responsible for the administration of water resources within their own jurisdictions according to these regulations.

       Article 8 The municipal department of water shall, jointly with the related departments, formulate a comprehensive plan of the development and utilization of water resources (hereinafter referred to as the comprehensive plan) and a mid- and long-term plan of water supply (hereinafter referred to as the water supply plan) in accordance with the municipal overall plan of development.

       The comprehensive plan and the water supply plan shall take into consideration the needs of various regions, various industries after satisfying the needs of water for daily use.

       The comprehensive plan and the water supply plan shall be implemented after approval by the municipal government and may not be changed without its approval.

Chapter II Administration of Diversion and Storage of Water

       Article 9 The construction of water diversion works, water storage works shall be in accord with the comprehensive plan and the related rules on flood control, environmental protection, and water and soil conservation. The quality of drinking water in diversion and storage shall meet the national standards.

       Article 10 The construction of water storage works whose storage capacity is more than 100,000 but less than 1,000,000 cubic meters shall be examined and approved by a district department of water and reported to the municipal department of water for record.

       The construction of water storage works whose storage capacity is more than 1,000,000 but less than 10,000,000 cubic meters shall be examined and approved by the municipal department of water.

       The construction of water storage works whose storage capacity is more than 10,000,000 cubic meters shall be examined by the municipal department of water and reported to a superior administrative department of water for approval.

       "More than" referred to in this article shall include the number following this phrase. "Less than" referred to in this article shall not include the number following this phrase.

       Article 11 The following materials shall be submitted to the municipal or district department of water to apply for the construction of water diversion works, water storage works:

(1)   a project proposal;

(2)   a feasibility report;

(3)   geological data;

(4)   the opinion of the administrative department of environmental protection based on examination;

(5)   the other documents that shall be submitted according to the stipulations of the municipal, district departments of water.

Article 12 The municipal, district departments of water shall conduct an

examination within 30 days from the date of receiving the materials of an applicant unit listed in the previous article, and make a written reply.

       If a project of water diversion or water storage has been approved, the applicant shall go through the formalities to set up the project, to arrange land use, and to report the construction for record.

       Article 13 Every year, the owners of water storage works (hereinafter referred to as proprietors) shall report the next year' s plan of water consumption to the municipal department of water for examination and approval in December. The approved plans shall not be changed arbitrarily without approval of the municipal department of water.

       When consuming water themselves, the proprietors shall install the water measuring equipments which have successfully passed the test of the department of technological supervision.

      Article 14 The transfer of stored water by a proprietor shall be in accord with the approved plan of water consumption, the source water fee may be charged, but it shall be no more than the prescribed rates of source water.

       The rates of source water shall be determined by the municipal department of water jointly with the municipal department of prices, reported to the municipal government for approval, the approved rates shall not be changed in one year.

       Article 15 When proprietors transfer their stored water, they shall sign agreements of water supply with the units of water consumption. An agreement of water supply shall include the following items:

(1)   the names, addresses of the proprietor and the water consumption unit;

(2)   the total volume of water supply, the maximum volume of daily water supply;

(3)   the standards of water quality;

(4)   the way of water supply;

(5)   the term of water supply;

(6)   the source water fee;

(7)   the liabilities for breaking an agreement.

The agreement of water supply shall adopt the standard form set by the municipal

department of water and be reported to the municipal department of water for record within 7 days from the date of signing.

       Article 16 If proprietors transfer their stored water between themselves, they shall sign agreements of water supply. The agreements of water supply shall be in accord with the annual plan of water consumption made by the administrative department of water.

       If the transfer of water is indeed needed and proprietors cannot reach an agreement on this matter, the municipal department of water shall make a decision on the transfer of water.

       Article 17 If there is an urgent need of water for the emergency management and disaster relief, the municipal department of water may order proprietors to supply water, and proprietors shall not refuse.

Chapter III Administration of Water Taking

       Article 18 The permit for water taking shall be required for taking water by water taking works except for the following situations:

(1)   the annual volume of water taking for agricultural irrigation is less than 50,000 cubic meters;

(2)   the monthly volume of water taking by manpower, livestock strength, and other simple methods is less than 100 cubic meters;

(3)   the emergency water taking is for fighting a drought in agriculture;

(4)   the water taking is necessary for relieving the threat to public security or public interests.

Article 19 The following materials shall be submitted to the municipal

department of water to apply for a water taking permit:

(1)   an application;

(2)   a statement on the place, volume, way, purpose of water taking;

(3)   a statement on the water measuring facilities, the way to save water, and the way to dispose waste water;

(4)   geological data;

(5)   the opinion of the department of environmental protection based on its examination;

(6)   the copy of an agreement signed with the interested third party.

Article 20 The municipal department of water shall decide whether to approve or

not to approve within 30 days from the date of receiving the materials listed in the previous article. In case of approval, a water taking permit shall be issued; in case of rejection, a written reply shall be sent to the applicant.

       Article 21 The holder of a water taking permit (hereinafter referred to as a permit holder) shall take water according to the stipulations of the permit, and may neither change the place of water taking nor exceed the stipulated volume of water taking without authorization.

       Article 22 A permit holder shall install the water measuring equipments, which have successfully passed the test of the department of technological supervision, at the outlet or the spot of water taking.

       Article 23 If the term of a water taking permit expires or the water which has been taken exceeds the total volume stipulated by the permit, the water taking permit shall become invalid of itself.

       If the term of water taking needs to be extended, an application shall be filed to the municipal department of water 90 days in advance of the date of expiry.

       Article 24 If the term of a water taking permit is longer than 1 year, the municipal department of water shall conduct an annual inspection of the permit.

       Article 25 Water taking permits shall not be loaned, leased, or transferred.

       Article 26 If water has not been taken for an entire year after a water taking permit was issued, the municipal department of water shall revoke the permit.

       Article 27 If there is excessive exploiting in the region of underground water taking, the municipal department of water shall order to restrict exploitation or to stop exploitation.

       If an order to stop exploitation has been issued, the municipal department of water shall take back the water taking permit.

Chapter IV Protection of Water Resources

       Article 28 Any units and individuals shall have the obligation to protect water resources.

       The people' s governments at various levels and the related departments shall strengthen the supervision and administration of water pollution control. Any units and individuals shall abide by the law, regulations, rules related to water pollution control, protect and improve the quality of water.

       Article 29 The people' s governments at various levels and the related departments shall take the following measures to take care of the source of water:

(1)   planting trees to form a forest to keep the source of water in good condition and protecting such a forest, prohibiting from felling trees arbitrarily;

(2)   planting trees, growing grass, afforesting barren hills, slopes, land, and abandoned quarries;

(3)   strictly prohibiting from opening up wasteland on the steep slopes, preventing soil erosion;

(4)   adopting the engineering measures and the biological measures in urban construction to help rain seep into the underground.

Article 30 The urban development and construction shall reduce the vegetation

destruction, and, in order to prevent soil erosion, the developers shall plant trees and grow grass within the prescribed time limit on the sites of earth taking, the excavated ground, and the bare land in an abandoned place which was used to keep sand, stone, and earth.

       Article 31 The landfill of consumer waste and the landfill of dangerous waste shall have the corresponding measures to prevent seeping and to dispose the seepage. It shall be forbidden for any units and individuals to use seeping wells, seeping pits, cracks, limestone caves, and overflow for discharging, dumping waste water.

       Article 32 When developing and utilizing underground water, a balance shall be kept between taking and giving. The regions and units which have resources shall fully utilize the most of rain, flood, and the waste water that meets the standards, as returning water to replenish and maintain the source of water.

       In the regions intruded by the sea water, drilling a new deep well or increasing the volume of exploitation shall not be done without approval.

       Article 33 The administrative departments of water and the other related departments shall, according to the division of specialties, set up the stations and networks of hydrographical observation, water quality monitoring, and also the network of observation of underground water movements in order to undertake the tasks of monitoring the water quality and the water volume.

Chapter V Collection and Use of Water Resources Fees

       Article 34 Proprietors and permit holders shall pay the water resources fee to the municipal department of water or its authorized departments according to these regulations.

       Article 35 Proprietors shall pay the water resources fee for the stored water they consumed themselves, but not for the water used for agricultural irrigation, aquaculture, and their families' daily life.

       If the total volume of stored water is less than 100,000 cubic meters, the water resources fee shall not be charged.

       Article 36 When transferring stored water, proprietors shall pay the water resources fee for the actual volume of water supply or the volume of water allocation, but if part of the supplied (allocated) water has been purchased from outside, the water resources fee shall not be charged for the purchased water.

       Permit holders shall pay the water resources fee according to the actual volume of water taking, but be exempt from such charges in the situations prescribed as exceptions in Article 18 of these regulations and in case of taking water for the daily use of armed forces and schools.

      Article 37 The rates of the water resources fee shall be determined according to different kinds of water (surface water, underground mineral water, underground hot water, and other kinds of underground water), different uses, and different qualities of water. The specific methods of charge shall be formulated by the municipal government.

       Article 38 The water resources fee shall be brought into the unitary administration by the municipal department of finance, used only for the compensation to the native residents of the protected region of the source of drinking water, the development, utilization, protection of water resources, and the related scientific research and awards; the annual spending plan shall be worked out by the municipal department of water jointly with the municipal department of finance, supervised by the municipal department of finance and the municipal department of audit.

Chapter VI Legal Liabilities

       Article 39 In case of violation of the second section of Article 13 or Article 22 of these regulations by failing to install and use the water measuring equipments, the municipal department of water shall order  to correct by a deadline, to pay the owed water resources fee according to the total volume of water supply or water taking as much as that when the water supply facilities or the water taking works are operating in full capacity; in case of using the water measuring equipment which has not passed the test of the department of technological supervision, the municipal department of water shall order correction by a deadline, charge 20 times of the water resources fee of the extra-volume of water taking, and impose a fine of more than 2,000 but less than 20,000 RMB.

       Article 40 In case of violation of the first section of Article 14 of these regulations by charging the source water fee more than the rates which have been set, the municipal department of water shall confiscate the overcharged part of the source water fee and impose a fine of 3 times of the overcharged part of the source water fees.

       Article 41 In violation of the second section of Article 16 of these regulations by refusing to implement the decision on water allocation, the municipal department of water shall impose a fine of 2 times of the source water fee of the volume of water which should be allocated, in  addition to ordering the water allocation.

       Article 42 In case of violation of Article 17 of these regulations by refusing to carry out the order of the municipal department of water to supply water and therefore causing a loss or increasing a loss, proprietor shall be held liable for compensation, if the loss is so heavy that a crime has been constituted, the criminal responsibility shall be investigated into according to law.

       Article 43 In case of violation of Article 18 of these regulations by taking water without a water taking permit, the municipal department of water shall order to stop water taking, confiscate illegal earnings and water taking tools, calculate the volume of water taking as much as that when the water taking works are operating in full capacity and then impose a fine of 10 times of the source water fee.

       Article 44 In case of violation of Article 21 of these regulations by changing the place of water taking without authorization, the municipal department of water shall order correction by a deadline, if the correction has not been done after the deadline, the water taking permit shall be revoked. In case of taking more water than what is allowed, the municipal department of water shall order correction by a deadline, and impose a fine of 20 times of the source water fee of the extra volume.

       Article 45 In case of violation of Article 25 of these regulations by loaning, leasing or transferring a water taking permit, the municipal department of water shall confiscate illegal earnings, impose a fine of 3 times of the illegal earnings, and revoke the water taking permit.

       Article 46 Any one who has caused troubles or losses to others by water taking shall be held responsible for removing the troubles and making compensation for the losses.

       Article 47 In case of polluting stored water or underground water and causing losses to others, the polluter shall be held liable for compensation.

       Article 48 In case of violation of Article 31 of these regulations, the municipal, district departments of water and the department of environmental protection shall order correction, and the department of environmental protection shall be responsible for handling the case according to law.

       Article 49 In case of violation of the second section of Article 32 of these regulations by drilling a new deep well or increasing the volume of exploitation, the municipal department of water shall order correction by a deadline, collect 20 times of the source water fee of the extra volume, and impose a fine of more than 2,000 but less than 20,000 RMB.

       Article 50 If anyone of the personnel of the municipal, district departments of water and the other related departments, in violation of these regulations, has abused power, neglected duties, practiced favoritism and engaged in irregularities so that a crime has been constituted, the criminal responsibility shall be investigated into according to law; if a crime has not been constituted, the administrative sanction shall be imposed according to the related rules.

       Article 51 If a party concerned has an objection to the punishment decision of a district department of water, an application for review may be filed to the municipal department of water within 15 days from the date of receiving the notice of punishment.

       In case of having an objection to the punishment decision of the municipal department of water, an application for review may be filed to the administrative review office of the municipal government within 15 days from the date of receiving the notice of punishment.

       If a party concerned has an objection to a review decision, a legal action may be taken at the people' s court within 15 days from the date of receiving the notice of review decision. The party concerned may also take a legal action directly at the people' s court within 15 days from the date of receiving the notice of punishment.

       If a party concerned has failed to execute the decision of punishment, to apply for review, and to take a legal action at the people' s court after the deadline, the office which made the decision of punishment may apply to the people' s court for coercive enforcement.

Chapter VII Supplementary Provisions