Procedures of Shanghai Municipality on the Administration of Seawalls

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Procedures of Shanghai Municipality on the Administration of Seawalls

Procedures of Shanghai Municipality on the Administration of Seawalls

(Promulgated by Decree No. 63 of the Shanghai Municipal People' s Government on December 10, 1998)

     Article 1 Purpose and Basis
     With a view to strengthening the administration of seawalls and ensuring the safety of flood control, these Procedures are formulated in accordance with the Procedures of Shanghai Municipality on the Implementation of the Law of the People' s Republic of China on Water and the Regulations of Shanghai Municipality on the Administration of Mudflat.
     Article 2 Scope of Application
     These Procedures are applicable to the construction, annual repairs and maintenance of the seawalls, and their related administrative activities in the administrative area of this Municipality.
     Seawalls mentioned in the previous Section refer to the dikes (including dike structures, the same below) and the riprap protection, protective revetment, and silt arrester projects built along the shores of the Yangtze River Estuary, East China Sea, and the Hangzhou Bay, and around the islands in these areas.
     The protected area for dikes with ditches along them shall include the body of the dike, the sand bank extending outwards 20 meters from the foot of its outer slope and the protective land from the foot of its inner slope to the edge of the ditch. In the case of dikes without ditches along them, the area to be protected shall include the body of the dike, the bank extending outwards 20 meters from the foot of its outer slope and the protective land extending outwards 20 meters from the outer rim of the foot of its inner slope. The area of riprap protection, protective revetments and silt arrester projects shall be defined in accordance with the approved design documents.
     The protected area for dikes and the area of riprap protection, protective revetment and silt arrester projects mentioned in the previous Section shall be hereinafter referred to jointly as the area of seawalls.
     Article 3 Competent Administrative Department
     The Shanghai Municipal Water Conservancy Bureau (hereinafter referred to as the Municipal Water Conservancy Bureau) is the competent department responsible for the administration of the seawalls of this Municipality; the district (county) water conservancy bureaus shall be in charge of the administration of seawalls within their respective jurisdictions.
     Article 4 Principle of Administration
     Combining unified administration with graded responsibilities by organs of different levels shall be the principle adopted for the construction, annual repairs and maintenance of seawalls.
     Article 5 Seawall Planning
     Plans for seawall construction shall be organized and formulated by the Municipal Water Conservancy Bureau jointly with other departments concerned. They shall be integrated in the overall plan of the city after comprehensively equilibrated by the municipal planning administrative departments, and shall be implemented upon approval by the Municipal People' s Government.
     Article 6 Plans for Construction, Annual Repairs and Maintenance
     Seawalls shall be classified into public sections and sections for exclusive use, on the basis of the responsibility for their construction, annual repairs and maintenance.
     The annual plan for the construction of public sections shall be formulated by the Municipal Water Conservancy Bureau; the annual plan for the annual repairs and maintenance of the public sections shall be formulated by district (county) water conservancy bureaus and shall be reported to the Municipal Water Conservancy Bureau for the record.
     The annual plan for the construction, annual repairs and maintenance of the sections for exclusive use shall be formulated by the exclusive users and shall be reported to the district (county) water conservancy bureaus for the record.
     Article 7 Responsibilities for Construction, Annual Repairs and Maintenance
     The construction of public sections of seawalls shall be organized and implemented by the Municipal Water Conservancy Bureau unless otherwise stipulated by the Municipal Government. The annual repairs and maintenance of public sections shall be organized and implemented by district (county) water conservancy bureaus.
     The construction, annual repairs and maintenance of sections for exclusive use shall be undertaken by the exclusive users.
     The construction of seawalls shall be undertaken by duly qualified construction units through open competition, including tendering procedures.
     District (county) water conservancy bureaus shall be responsible for checking and supervising and urging the implementation of the construction, annual repairs and maintenance of seawalls' sections for exclusive use within their respective jurisdictions and provide operational guidance therefor.
     Article 8 Expense
     The expenses of construction, annual repairs and maintenance of seawalls and their administration shall be covered according to the following stipulations:
     1. The expenses of the construction of public sections shall be covered by the municipal dike maintenance funds and the municipal annual budget, unless otherwise provided for by the Municipal Government;
     2. The expenses of the annual repairs and maintenance of public sections shall be covered by the districts' (counties' ) dike maintenance funds and the districts (counties) annual budget; and
     3. The expenses of the construction, annual repairs and maintenance of sections for exclusive use shall be covered by the exclusive users' dike maintenance funds reimbursed to them and their pre-tax income.
     The expenses for the districts' (counties' ) administrating personnel of the public sections approved in accordance with the state and municipal standards shall be listed in the annual financial budget of the districts (counties).
     Article 9 Technical Standards and Norms
     The construction, annual repairs and maintenance of seawalls in this Municipality shall be conducted in accordance with the prescribed technical standards and norms.
     Technical standards for the construction of seawalls and technical norms for their annual repairs and maintenance shall be formulated by the Municipal Water Conservancy Bureau in accordance with relevant state provisions.
     Article 10 Use of Public Sections of the Seawalls
     If it is necessary to use the public sections of seawalls, the user unit shall apply to the local district (county) water conservancy bureau. Such use is only allowed after it is examined and verified by the district (county) water conservancy bureau and approved by the Municipal Water Conservancy Bureau.
     The user unit shall make due compensations for the greening, anti-wave plants, dike-top roads, and other water projects and facilities on the sections of the seawalls to be used.
     When a public section of the seawalls is turned to be that for exclusive use, the user unit shall be responsible for the construction, annual repairs and maintenance of the section from the date of approval of its application.
     Article 11 The Administration of Newly Constructed Dikes
     Dikes newly built by units or individual persons on lands reclaimed outside the area of seawalls shall meet the following standards before they can be subjected to the overall seawall administration of this Municipality:
     1. They shall meet the prescribed safety standards for flood prevention; and
     2. They have successfully stood the safety test of flood prevention for more than 3 years.
     Newly constructed dykes that meet the conditions specified in the preceding Section shall be integrated into the municipal seawall system for overall administration, after the construction unit submits to the local district (county) water conservancy bureau an application accompanied by relevant documents and materials, and secures the latter' s consent as well as the acceptance and approval of the Municipal Water Conservancy Bureau and the Municipal Flood Prevention Headquarters.
     After a newly constructed dike is integrated into the overall seawall administration system, the construction unit shall submit relevant technical data on the design and construction of the dike to the local district (county) water conservancy bureau of the locality for the record.
     Article 12 The Retention and Abandonment of the Original Seawalls
     After the integration of a newly constructed dike into the overall seawall administration system, the Municipal Water Conservancy Bureau shall jointly with the Municipal Flood Prevention Headquarters affirm the retention or the abandonment of the original seawalls in the light of defense requirements of the new dykes and original seawalls, taking into account the local flood control needs.
     Those seawalls, the retention of which has been affirmed, shall be subject to overall administration in accordance with these Procedures, while those to be abandoned, shall be administered in accordance with relevant provisions on the State-owned land.
     Article 13 Affirmation of Land Use Right
     The formalities for the affirmation of land use rights within the area of public sections of seawalls shall be done at the land administration departments by the local district (county) water conservancy bureau in accordance with the relevant State and Municipal provisions.
     Article 14 Prohibited Acts
     The following acts are prohibited within the area of seawalls:
     1. Explosion, well-digging, quarrying, pile-driving, earth mining, or digging aquaculture ponds;
     2. Shooting practice;
     3. Dumping waste liquids, waste residues, or other waste materials, the sites that are planned to be unifiedly reserved for garbage dumps are exceptions;
     4. Damaging or stealing survey markers, milestones, or boundary tablets on the seawalls;
     5. Cutting slopes or digging and lowering of dike crests;
     6. Destroying or damaging anti-wave plants; or
     7. Other acts that jeopardize the safety of the seawalls.
     Article 15 Restricted Acts
     In the area of seawalls, the following acts shall be under taken only with the approval of the district (county) water conservancy bureau after its examination and verification:
     1. Drilling, constructing sluice gates and other dike structures, or laying tubes, pipelines or cables through the dykes;
     2. Reclaiming and cultivating wasteland;
     3. Putting up houses, sheds, huts or building tombs;
     4. Building roads;
     5. Cutting anti-wave plants, or grazing;
     6. Stacking and storing goods and materials; or
     7. Driving iron-wheeled vehicles, tracked vehicles or over-weight vehicles on the dykes.
     Acts under Item 1 of the preceding Section that involve the breaking or opening of the dike or hole-boring on the dike are subject to the examination and consent of the Municipal Water Conservancy Bureau and the approval of the Municipal Flood Prevention Headquarters.
     Article 16 Engineering Requirements and Acceptance Upon Completion
     Construction units that are permitted to undertake drilling operations, build sluice gates or other dike structures, or lay tubes, pipelines, or cables through the dykes within the area of seawalls shall operate within the specified area and time limit.
     Upon completion of their project, the construction units shall notify the local district (county) water conservancy bureaus to take part in the check and acceptance of the project; where the project involves the breaking or opening up of the dykes or hole-boring on the dikes, they shall also notify the Municipal Water Conservancy Bureau and the Municipal Flood Prevention Headquarters to take part in the check and acceptance of the project.
     Article 17 Use of Dike-Top Roads
     The use of the tops of the public sections of seawalls as special or main transportation roads is subject to the approval of the local district (county) water conservancy bureau, and users shall be responsible for the maintenance of the dike-top roads from the date of approval.
     When the dike-top roads are muddy, the municipal or district (county) water conservancy bureau may put up sign boards or give public notice, prohibiting the passage of vehicles, except those engaged in flood control and emergency operations.
     Article 18 Repair of Damages Caused by Water
     In case of damages caused to seawalls by natural disasters, such as tidal waves or storms, that are beyond their standard of withstanding capacity, the district (county) water conservancy bureau shall, in the light of the actual damages caused, apply to the Municipal Water Conservancy Bureau for funds for their repairs, which shall be examined and verified by the Municipal Water Conservancy Bureau and be submitted to the municipal financial departments for verification and appropriation of funds.
     Article 19 Provisions on Areas Temporarily Closed to Catching and Fishing
     In the course of the construction, annual repairs, or maintenance of seawalls, the municipal or district(county) water conservancy bureau shall, jointly with the fishing administrative departments at the same level, delimit in the waters where such projects are executed the areas temporarily closed for catching and fishing.
     In the areas temporarily closed for catching and fishing, no fishing activities, production or operations may be undertaken that may endanger the safety of the construction of the project on the seawalls.
     Article 20 Afforestation of the Seawalls
     In zones suitable for afforestation within the area of seawalls, the municipal or district (county) water conservancy bureau shall organize tree planting for the protection of the seawalls.
     If it is necessary to cut down trees on the seawalls, permissions shall be secured from the municipal or district (county) water conservancy bureau, and necessary formalities shall be performed in accordance with law to secure approval for such cutting. In addition, specified quotas shall be fulfilled with regard to reforestation or replanting.
     Article 21 Regular Check-ups and Supervision
     The Municipal Water Conservancy Bureau shall organize at regular intervals check-ups and supervision of the flood control safety of the seawalls in the whole city.
     District (county) water conservancy bureaus shall strengthen their regular check-ups and supervision of the flood control safety of the seawalls within their jurisdictions.
     No units or individual persons may interfere with or obstruct such check-ups by the Municipal Water Conservancy Bureau or district (county) water conservancy bureaus.
     Article 22 Administrative Penalties
     The municipal or district (county) water conservancy bureaus shall order the units or individuals that violate these Procedures to make corrections within specified time limit and shall impose penalties in accordance with the following provisions:
     1. A fine from RMB 100 yuan to 2,000 yuan may be imposed on those who violate Article 15, Section 1, Item 5 of these Procedures;
     2. A fine from RMB 100 yuan to 10,000 yuan may be imposed on those who violate Article 10, Section 1, Article 14, Item 4, Article 15, Section 1, Item 2, 3, 4, 6, or 7, Article 17, or Article 19, Section 2 of these Procedures;
     3. A fine from RMB 1,000 yuan to 30,000 yuan may be imposed on those who violate Article 14, Item 2, 3, 5, 6, or 7, Article 15, Section 1, Item 1, Article 16, Article 20, Section 2 of these Procedures; or
     4. A fine from RMB 1,000 yuan to 50,000 yuan may be imposed on those who violate Article 14, Item 1 or Article 15, Section 2 of these Procedures.
     Where the punishment for any act in violation of these Procedures is otherwise provided by laws and regulations for the department imposing the punishment, such provisions shall prevail.
     Article 23 Investigation of Law Violations by Administrative Personnel
     Seawall administrative personnel shall observe law and discipline and enforce laws with justice. Those who neglect their duties, abuse their power, engage in fraudulent practices to pursue personal ends, seek or accept bribes, or pervert the law shall be given administrative penalties by their own units or competent authorities at the higher levels. If their wrongful acts constitute crimes, they shall be prosecuted for their criminal liability.
     Article 24 Reconsideration and Litigation
     Parties that object to specific administrative acts by the municipal or district (county) water conservancy bureau may apply for administrative review or file an administrative action in accordance with the provisions of the Regulations on Administrative Review or the Law of the People' s Republic of China on Administrative Litigation.
     Article 25 Implications of Related Terms
     For the purpose of these Procedures, dike structures refer to the sluice gates and locks built along the dykes.
     Riprap protection, protective revetments, and silt arrester projects as mentioned in these Procedures refer to groynes, longitudinal dykes, protective levees and protective berms built along the dykes.
     Article 26 Department Responsible for Interpretation in Application
     The Municipal Water Conservancy Bureau may interpret these Procedures in their specified application.
     Article 27 Date of Implementation
     These Procedures shall become effective on February 1, 1999. The Provisional Procedures of Shanghai Municipality on the Maintenance and Administration of Seawalls and River Dykes approved by Shanghai Municipal People' s Commission on November 9, 1962 shall be repealed at the same time.

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