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(Adopted at the 6th Session of the Standing Committee of the
12th Shanghai Municipal People's Congress on August 8, 2003)
Chapter I General Provisions
Article 1
For the purpose of strengthening the work of flood prevention in
this Municipality, safeguarding the safety of the lives and property
of the
people, and ensuring the smooth progress of the economic construction, these
Regulations have been formulated in accordance
with the "Law of the People's
Republic of China on Flood Prevention" , the "Regulations of the People's Republic
of China on Seasonal
Flood Control" , and other laws and administrative
regulations, and in the light of the actual circumstances of this
Municipality.
Article 2
These Regulations apply to the prevention and
alleviation of the disasters caused by typhoon, rainstorm, high tide, and flood
in
the administrative area of this Municipality.
Article 3
The work of
flood prevention adopts the principle of overall planning, making overall plans
by taking all factors into consideration,
taking prevention as the major means,
emergency rescue in time, and local interests being subordinate to the overall
interests.
The urban and rural construction and administration shall meet the
general requirements for the safety of flood prevention.
Article 4
The
people's governments at all levels shall strengthen the unified leadership over
the work of flood prevention, organize relevant
departments and units, and
mobilize social forces to do a good job of the flood prevention. The work of
flood prevention adopts
the job responsibility system of the chief executive
officer, unified commanding, and responsibilities to be borne by organs
according
to their respective levels and functions.
The municipal and
district/county people's governments shall set up command organization for the
seasonal flood control according
to law, with its administrative office
established in the competent department of water administration at the same
level. The command
organization of the seasonal flood control shall, under the
leadership of the superior command organization of seasonal flood control
and
the people's government at the same level, be responsible for the commanding of
the work of seasonal flood control in its own
area.
The township and town
people' s governments and the sub-district offices shall, under the leadership of
the district/county command
organization of the seasonal flood control, do a
good job of the seasonal flood control.
Article 5
The municipal and
district/county competent departments of water administration shall, under the
leadership of the people's government
at the same level, be responsible for the
routine work of the organization, coordination, supervision and guidance of the
seasonal
flood control in their own administrative areas. The district/county
competent departments of water administration shall, on professional
matters,
accept the guidance from the municipal competent department of water
administration.
The municipal and district/county relevant administrative
departments shall, according to their respective duties and division of
work,
coordinate in the implementation of these Regulations.
Article 6
All
units and individual persons have the obligation to protect the seasonal flood
control facilities and to participate in the
emergency rescue of the seasonal
flood control according to law, and have the right to stop and to report against
act that endangers
or affects the safety of the seasonal flood control.
Article 7
The people's governments and the competent departments of water
administration at all levels shall enhance the propaganda of the
safety of the
seasonal flood control, and raise the citizens' safety consciousness of seasonal
flood control.
The people's governments at all levels and all relevant
departments shall commend, reward and encourage the units and individual
persons
who have made outstanding contributions to the work of seasonal flood
control.
Chapter II The Professional Planning and Pre-determined Schemes of the
Seasonal Flood Control
Article 8
The professional planning of the seasonal flood control refers
to the overall arrangement for the prevention and alleviation of the
disasters
caused by typhoon, rainstorm, high tide and flood, the foundation for the
construction of facilities of seasonal flood
control projects, and non-project
measures of seasonal flood control.
The municipal competent department of the
water administration shall, according to the comprehensive planning of the
hydrographic
basin, organize the formulation of the municipal professional
planning of the seasonal flood control, which shall, after soliciting
the
opinions from the relevant municipal departments and relevant district/county
people's governments, be comprehensively balanced
by the municipal
administrative department of planning and be brought into the overall planning
of this Municipality after being
approved by the Municipal People's
Government.
The district/county competent department of water administration
shall, according to the municipal professional planning, organize
the
formulation of the district/county professional planning of the seasonal flood
control, which shall, after soliciting the opinions
from the relevant
departments at the same level, be comprehensively balanced by the
district/county administrative department of
planning and be implemented after
being approved by the district/county people's government. The district/county
professional planning
of the seasonal flood control shall be reported to the
municipal competent department of water administration for the record.
The
revision of the professional planning of the seasonal flood control shall be
done according to the original formulation and
approval procedures.
Article
9
The land reserved for the facilities of seasonal flood control stipulated
in the professional planning of the seasonal flood control
shall be announced to
the public, and the usage of the land shall not be diverted for other purposes
without going through legal
procedures.
Article 10
The formulation of
professional planning concerning the ports, river courses, navigation channels,
drainage, and the use of water
fronts, etc. in this Municipality shall meet the
safety requirements of the seasonal flood control.
The relevant departments
shall, in the formulation of the professional planning mentioned in the
preceding clause, solicit the opinions
concerning the safety of seasonal flood
control from the competent department of water administration at the same
level.
Article 11
The pre-determined scheme of the seasonal flood control
refers to the counter-solution, measures and emergency arrangements for the
seasonal flood control, rushing to meet an emergency, and alleviation of
disasters that may possibly be caused by typhoon, rainstorm,
high tide and
flood, including the contents of the conditions for starting to use the
pre-determined scheme, systems of safety
insurance and systems of organization
and commanding, etc.
Article 12
The municipal competent department of
water administration shall, according to the municipal professional planning of
the seasonal
flood control, the capacity of the flood control facilities and the
standard for the seasonal flood control provided by the State,
organize relevant
departments to formulate the municipal pre-determined scheme for the seasonal
flood control, which shall be implemented
after being approved by the Municipal
People's Government.
The district/county competent department of water
administration shall, according to the requirements of the municipal
pre-determined
scheme for the seasonal flood control and the district/county
professional planning of the seasonal flood control, organize relevant
departments to formulate the district/county pre-determined scheme for the
seasonal flood control, which shall be implemented after
being approved by the
district/county people's government. The district/county pre-determined scheme
for the seasonal flood control
shall be reported to the municipal competent
department of water administration for the record.
The revision of the
pre-determined scheme for the seasonal flood control shall be handled according
to the original formulation
and approval procedures.
Article 13
The
departments and units that bear the task of seasonal flood control determined in
the municipal or district/county pre-determined
schemes for the seasonal flood
control (hereinafter referred to as the departments and units bearing the task
of seasonal flood
control) shall, according to the requirements of the seasonal
flood control and with consideration of their own specialty, formulate
their own
pre-determined schemes for the seasonal flood control and report to the
competent department of water administration
at the same level for the record,
and the departments and units bearing the task of seasonal flood control shall
also report to
its superior department for the record. Other departments and
units shall formulate self-protection pre-determined schemes for the
seasonal
flood control.
Chapter III The Construction and Administration of the Seasonal Flood Control
Facilities
Article 14
Seasonal flood control facilities are facilities that may
prevent and alleviate disasters caused by typhoon, rainstorm, high tide
and
flood, including embankments of river courses (dykes and dams and seawalls
included) water gates, hydrographic stations, pump
stations, and drainage
pipelines, etc.
Article 15
The competent department of water
administration and town and township people' s governments shall, according to
the professional
planning of the seasonal flood control, formulate the annual
plan for the construction of the seasonal flood control facilities.
The
construction of seasonal flood control facilities shall be designed, built,
supervised and accepted upon examination according
to relevant laws and
regulations, technological norms and preventive and controlling standards, to
ensure the quality of the construction
of seasonal flood control facilities.
The seasonal flood control facilities may come into use only after the
facilities are accepted upon examination that they satisfy
the safety and
operation conditions of the seasonal flood control.
Article 16
At the time
when the construction of the seasonal flood control facilities is examined and
approved for putting under an authorized
plan, the principle of graded
responsibility shall be adopted to define the duties for the repair and
maintenance of the facilities
of the seasonal flood control administrated by the
Municipality, district/county, or township and town. The department responsible
for putting the seasonal flood control facilities under an authorized plan for
examination and approval shall, jointly with the
competent department of water
administration at the same level, clarify the management unit for the seasonal
flood control facilities.
Article 17
The competent department shall,
according to the requirements of the pre-determined scheme of the seasonal flood
control, formulate
the scheme of operation for the seasonal flood control
facilities.
The management unit of the seasonal flood control facilities may
itself be responsible for the maintenance and operation of the seasonal
flood
control facilities, or may authorize relevant units to be responsible for the
maintenance and operation of the seasonal flood
control facilities.
The unit
responsible for the maintenance and operation of the seasonal flood control
facilities shall, according to the relevant
State and municipal technological
standards and operating rules and scheme of operation for the maintenance and
operation of the
seasonal flood control facilities, do a good job of the
maintenance and operation of the seasonal flood control facilities.
Article
18
The unit responsible for the management of the seasonal flood control
facilities shall, according to the relevant State and municipal
provisions,
periodically organize relevant organizations and experts to conduct safety
assessment to the seasonal flood control
facilities in use. If in the operation
of the seasonal flood control facilities there appears the possibility that the
safety requirements
of the seasonal flood control may be affected, safety
assessments shall be made in time.
If the seasonal flood control facilities
that, after assessment, are found to be not meeting the requirements for safety
operation,
the management unit shall, according to the requirements listed in
the assessment report, improve or re-build them, or take other
make-up measures
in time.
Article 19
The scopes for management and maintenance of the
seasonal flood control facilities shall be set. The competent department of
water
administration shall, jointly with the administrative department of
planning at the same level, propose the schemes for the management
and
protection of the seasonal flood control facilities, which shall be implemented
after being approved by the people's government
at the same level.
Article
20
The use of the river courses (including lakes, water logged depression,
shallow lakes, man-made channels and ditches, etc.) shall
ensure the unimpeded
passage for flood diversion, drainage, and flow of floods. The filling up of the
river courses without authorization
is prohibited.
In case that the filling
up of the river course is a must due to construction, the construction unit
shall, according to the provisions
in the "Regulations of Shanghai Municipality
on the Administration of River Courses" , go through the procedures of
examination
and approval.
Article 21
Within the limits of the flood
controlling walls, the following acts that endanger the safety of the seasonal
flood controlling
walls are prohibited:
1. Changing the main structure of the
seasonal flood controlling walls;
2. Mooring with cable or loading and
unloading within the bank sections of the seasonal flood controlling walls that
do not have
the conditions for operation of a quay;
3. Piling of cargo,
installing large size equipment, putting up buildings and structures in
violation of regulations;
4. Dredging the river course in violation of
regulations; and
5. Other acts that endanger the safety of the seasonal flood
controlling walls.
The loading and unloading operating unit or the unit
responsible for the maintenance of the seasonal flood controlling walls shall,
in case there is a need to make use of the bank section of the seasonal flood
controlling walls, reinforce or reconstruct the seasonal
flood controlling walls
according to the seasonal flood control requirements stipulated by the competent
department of water administration.
Article 22
Within the scope of the
seawalls protection, the following acts that endanger the safety of the seawalls
are prohibited:
1. Shoveling the slope or digging down and lowering the top
of the seawalls;
2. Destroying or damaging the wave-fight plants;
3.
Drilling, and putting up of buildings or structures without authorization;
4.
Farming without authorization;
5. Driving steel-wheeled trucks, creeper
trucks and overloading trucks on the dyke without authorization; and
6. Other
acts that endanger the safety of the seawalls.
Article 23
Discharging of
construction mud and dumping of garbage and odds and ends into the drainage
pipelines are prohibited.
In case it is really necessary to block the
drainage pipelines temporarily because of construction, the construction unit
shall
go through the procedures of examination and approval according to
the "Regulations of Shanghai Municipality on the Administration
of
Drainage" .
During the temporary blockage of the drainage pipelines, and in
case of emergent situations such as heavy rain and massive accumulation
of
water, etc., the competent department of water administration has the power to
demand the construction unit an earlier removal
of the blockage.
Article
24
The construction of cross-river, through-river, through-dam or river-front
project facilities like bridges, quays, roads, ferry crossing,
pipelines, cables
and draining (intaking) of water projects, etc. shall meet the standard of flood
prevention, planning of bank
lines, requirements of navigation, and other
technical requirements, and shall not endanger the safety of the dykes, nor
impede
the smooth passage of floods. Before the feasibility study report is
submitted for approval according to the procedures of basic
construction
provided by the State, the project construction plan in the report shall be
examined and approved by the relevant
competent department of water
administration according to the seasonal flood control requirements mentioned
above. In case of involving
navigation channels, it shall go through the
procedures of examination and approval according to the "Regulations of Shanghai
Municipality
on the Administration of Navigation Channels of the Inner
Rivers" .
In case of any new construction, reconstruction or extension
projects beyond provision of the preceding Clause, that involve the
safety of
seasonal flood control, the administrative department of planning shall solicit
the opinions from the competent department
of water administration at the same
level before its examination and approval.
Article 25
The construction of
underground public projects, such as metro, tunnels, large-scale underground
markets, and large-scale underground
parking lots (garages), etc. shall go
through special item expounding and proving for the effects of seasonal flood
control, and
shall, in the flooding season, shall operate according to the
requirements of the pre-determined scheme of the seasonal flood control
and
shall obey the dispatching instructions from the command organization of the
seasonal flood control.
Article 26
The seasonal flood control facilities
invested with the funds raised by themselves and constructed by enterprises,
rural collective
economic organizations and other organizations themselves shall
comply with the provisions of these Regulations on the construction,
maintenance
and operation, safety assessment, protection and management, and facilities
abandonment of the seasonal flood control
facilities, and accept the supervision
and administration of the competent department of water
administration.
Article 27
The seasonal flood control facilities shall not
be abandoned without authorization. In case of an unauthorized abandonment, the
competent department of water administration shall order the wrongdoer to stop
the wrongful acts or take other make-up measures.
The facilities that have lost
the function of seasonal flood control and thus really need to be abandoned,
shall be abandoned only
after the examination and approval by the competent
department of water administration according to its limits of power of
administration.
Article 28
The competent departments of water
administration shall strengthen the supervision and inspection over the
construction, operation
and maintenance of the seasonal flood control facilities
and the project facilities involving the safety of seasonal flood control.
When
finding any project facilities or acts that endanger or affect the safety of
seasonal flood control facilities, the competent
department of water
administration shall order the relevant unit to rectify or take other measures
for the safety of the seasonal
flood control within a time limit.
The unit to
be inspected shall cooperate and shall not refuse or obstruct the supervision
and inspection for the seasonal flood
control.
Chapter IV Seasonal Flood Control and Rescue
Article 29
The date of entering and ending of the period of the flood
season or emergent flood season shall be announced by the municipal command
organization of seasonal flood control.
Article 30
The department or unit
that bears the task of seasonal flood control shall, in the flood season, set up
the leading group of seasonal
flood control, adopt the system of post
responsibility to be responsible for the work of seasonal flood control and
rescue in its
own department or unit.
Article 31
The command organization
of the seasonal flood control at all levels shall, according to the arrangement
of the people's government
at the same level and the superior command
organization of seasonal flood control, organize and set up the team of seasonal
flood
control and rescue. The team of seasonal flood control and rescue bears
the task of seasonal flood control and rescue in its own
administrative area,
and in the emergent flood control season it shall obey the unified dispatch of
the superior command organization
of seasonal flood control.
The department
or unit that bears the task of seasonal flood control shall, with consideration
of the need of seasonal flood control
of its own department or unit, organize or
consolidate the team of seasonal flood control and rescue. The team of seasonal
flood
control and rescue bears the task of doing the work of seasonal flood
control and rescue in its own department or unit, and in the
emergent flood
control period it shall obey the unified dispatch of the superior command
organization of seasonal flood control.
Article 32
In case of serious
dangers that the support from the local garrison troops or armed police is
needed for the seasonal flood control
and rescue, the municipal or
district/county command organization of seasonal flood control shall contact
with the local garrison
troops or armed police and make
arrangement.
Article33
The command organizations of seasonal flood control
at all levels, and the department or unit that bears the task of seasonal flood
control shall, according to the stipulations in the pre-determined scheme,
timely organize the seasonal flood control and rescue.
The department or unit
that bears the task of seasonal flood control shall obey the dispatching
instruction of the command organization
of seasonal flood control.
Article
34
In the flood season, the command organizations at all levels shall assign
special personnel to be on duty, and be responsible for
the coordination,
guidance, and supervision over the work of seasonal flood control in its own
administrative area. The department
or unit that bears the task of seasonal
flood control shall assign special personnel to be on duty, and be responsible
for the
seasonal flood control and rescue in its own department or unit.
When
this Municipality enters the emergent flood control season, the major leaders of
the command organizations at all levels shall
be on duty at their post, and be
responsible for the unified command of seasonal flood control and rescue in
their respective administrative
areas. The major leader of the department or
unit that bears the task of seasonal flood control shall be on duty at his/her
post,
and be responsible for the command of the seasonal flood control and
rescue in the department or unit.
When partial areas enter the emergent flood
control season, the assignment of flood control duty for the relevant
district/county
and departments shall be implemented according to the provisions
of the preceding clause.
Article 35
The department or unit that bears the
task of seasonal flood control shall, according to its own duty, strengthen the
safety inspection
in the flood season. In case of finding hidden dangers to
safety, a timely rectification shall be made or other make-up measures
shall be
taken.
The management unit and the operation and maintenance unit of the
seasonal flood control facilities shall strengthen the inspection
of the safety
operation of the seasonal flood control facilities in the flood season. In case
of finding any dangerous situation
occurring in the facilities, the above
mentioned unit shall immediately take rescue measures and report to the command
organization
of seasonal flood control in time.
Article 36
In the flood
season, the operation units of water gates and drainage pipelines shall,
according to the forecast of flood and the
actual water level in the river
course and drainage pipeline, lower in advance the water level in the river
course and drainage
pipeline in accordance with the scheme of operation, and
inform the administrative department of navigation according to relevant
provisions.
Article 37
In the flood season, the vehicles and ships for
commanding seasonal flood control and rescue and relief of disasters that
execute
the task of seasonal flood control shall have the priority of passage
with the pass made by the competent administrative departments
of public
security, maritime affairs, and port, and uniformly checked and issued by the
municipal command organization of seasonal
flood control.
Article 38
In
the emergent flood period, the municipal and district/county command
organizations of seasonal flood control shall, according
to the need of seasonal
flood control and rescue and within their own administrative area, have the
power of appropriating goods
and materials, equipment, transportation vehicles
and manpower, and making the decision of taking emergent measures of earth
taking
and land occupation, cutting and felling of woods, clearing obstacles of
water passage, and other necessary measures. In case of
necessity, the relevant
departments of public security, maritime affairs, and port, etc. shall,
according to the decision of the
command organization of seasonal flood control,
implement the control of land and water traffic according to law.
The goods
and materials, equipment and transportation vehicles, etc. appropriated
according to the provisions in the preceding clause
shall be returned in time
after the ending of the emergent situation. In case the things appropriated are
damaged and thus are
unable to be returned, they shall be reasonably
compensated, or be handled in other way according to relevant provisions of the
State. In case of earth taking and land occupation and cutting and felling of
trees, make-up procedures shall be gone through according
to law with the
relevant department after the ending of the flood season, and in case of cutting
and felling of trees, replanting
shall be made.
Article 39
The departments
of meteorology, hydrology, and oceanography shall provide accurate real-time
meteorological and hydrological information
and storm surge forecast to the
command organizations of seasonal flood control in time. The maintenance and
management units of
seasonal flood control facilities shall provide accurate
information about the safety conditions of the flood control facilities
to the
command organizations of seasonal flood control in time, and the
telecommunication department shall guarantee the command
organization of
seasonal flood control the unimpeded communication.
The municipal command
organization of seasonal flood control shall accurately announce the information
about seasonal flood situations
and seasonal flood control and rescue in this
Municipality to the public in time through the media of newspaper, broadcast,
television
and internet, etc.
Article 40
After the occurrence of disasters
of typhoon, rainstorm, high tide and flood, the people's governments at all
levels shall organize
relevant departments and units to carry out the work of
disaster relief, do a good job of rehabilitation including resettlement
of the
masses affected by disaster, supply of life necessity, sanitation and epidemic
controlling, supply of disaster relief goods
and materials, and administration
of public security, etc. The relevant department shall list the restoration and
repair of the
damaged seasonal flood control facilities into the annual
construction plan as a priority.
A unit or an individual person may,
according to law, cover property insurance to reduce the losses caused by
typhoon, rainstorm,
high tide and flood.
Article 41
After the occurrence
of disasters of typhoon, rainstorm, high tide and flood, the command
organizations of seasonal flood control
shall, according to the requirements of
the national statistic department, check and calculate the losses of the
disaster within
their limits of administration, and report to the superior
competent departments and the statistic department at the same level.
The
relevant department and individual person shall not falsify, conceal, forge or
distort the report.
Chapter V Safeguard Measures
Article 42
The seasonal flood control funds shall be raised and collected
according to the principle of the combination of the investment of
the
government and the reasonable sharing of the beneficiary.
The people's
governments at all levels shall take measures to raise the overall level of the
investment for the seasonal flood control.
The finance at all levels shall
arrange funds for the construction, maintenance and management of the seasonal
flood control facilities
undertaken, examined and approved in the annual
construction plan of the seasonal flood control facilities, the repair and
restoration
of the damaged facilities, the seasonal flood control rescue, and
the reservation and replenishment of goods and materials for the
seasonal flood
control and rescue.
Article 43
The goods and materials for the seasonal
flood control and rescue shall adopt the system of conducting reservation,
management and
sharing according to different levels.
The command
organizations of seasonal flood control at all levels shall, according to the
pre-determined scheme, reserve goods and
materials for the seasonal flood
control and rescue, and organize the departments and units bearing the task of
seasonal flood
control to do a good job of the reservation of seasonal flood
control and rescue goods and materials. They shall strengthen the
administration
of the reserved goods and materials for the seasonal flood control and rescue,
and do a good job of recovering and
replenishment.
Article 44
No unit or
individual person shall withhold or misappropriate the funds and goods and
materials for the seasonal flood control and
rescue.
The departments of
finance and audit at all levels shall strengthen the supervision and inspection
over the use of the goods and
materials for the seasonal flood control and
rescue.
Chapter VI Legal Liability
Article 45
Any one who does any one of the following acts in violation of
the provisions of these Regulations, shall be ordered by the competent
department of water administration to rectify within a time limit, and may be
penalized with a fine of between not less than 2,000
yuan and not more than
20,000 yuan; and in case of serious violation, a fine of between not less than
20,000 yuan and not more
than 50,000 yuan may be imposed:
1. Putting into use
without authorization the newly built seasonal flood control facilities that
have not gone through the acceptance
upon examination, or that have gone through
the acceptance upon examination but have not satisfied the safety and operation
conditions
of seasonal flood control;
2. Conducting the maintenance and
operation of the seasonal flood control facilities not according to
regulations;
3. Not going through the safety assessment according to
regulations for the seasonal flood control facilities in use;
4. Not going
through the specific item expounding and proving on the affects of seasonal
flood control for the underground public
construction projects; and
5.
Failing to lower in advance the water level in the rivers and pipelines
according to regulations.
Article 46
Any one who fills and blocks the
river courses in violation of the provisions of these Regulations, shall be
ordered by the competent
department of water administration to stop the wrongful
acts, to restore to the original state, or take other make-up measures,
and may
be imposed a fine of between not less than 10,000 yuan and not more than 50,000
yuan. In case the wrongdoer fails to restore
to the original state or take other
make-up measures, the competent department of water administration may conduct
the restoration
and make-up measures for the wrongdoer, and the wrongdoer shall
bear all the necessary expenses.
Article 47
Any one who endangers the
safety of the flood controlling walls in violation of the provisions of these
Regulations, shall be ordered
by the competent department of water
administration to rectify, and be imposed a fine of between not less than 5,000
yuan and not
more than 50,000 yuan.
Any one who makes use of the bank section
of flood controlling walls to conduct the operation of loading and unloading, or
does
not reinforce or renovate the flood controlling walls according to the
requirements for the seasonal flood control in violation
of the provisions of
these Regulations, shall be ordered by the competent department of water
administration to rectify within
a time limit and may be imposed a fine of
between not less than 10000 yuan and not more than 50000 yuan. If the wrongdoer
fails
to rectify within the time limit, the competent department of water
administration shall order the suspension of his/her operation,
or may conduct
the reinforcement or the renovation on behalf of the wrongdoer, and the
wrongdoer shall bear all the necessary expenses.
Article 48
Any one who
endangers the safety of the sea walls in violation of the provisions of these
Regulations shall be ordered by the competent
department of water administration
to rectify, and be imposed a fine of between not less than 500 yuan and not more
than 5,000
yuan. In case of serious violation, a fine of between not less than
5,000 yuan and not more than 50,000 yuan shall be imposed.
Article 49
Any
one who discharges construction mud, and dumps garbage and odds and ends into
the drainage pipelines, or blocking the drainage
pipelines without authorization
in violation of the provisions of these Regulations, shall be ordered by the
competent department
of water administration to rectify within a time limit, and
be penalized according to the provisions of the "Regulations of Shanghai
Municipality on the Administration of Drainage" .
Article 50
Any one who
builds cross-river, through-river, through-dam or river-front project
facilities, when the project facilities construction
plan has not been examined
and approved by the competent department of water administration, in violation
of the provisions of
these Regulations, shall be ordered by the competent
department of water administration to stop the wrongful acts, and make up or
go
through the procedures of the examination and approval. In case that the project
construction seriously affects the seasonal
flood control, it shall be ordered
to be demolished within a lime limit. In case of a failure to demolish it within
the time limit,
a coercive demolition shall be exercised, and the construction
unit shall bear all necessary expenses. In case that the project
affects the
seasonal flood control but make-up measures may still be taken, it may be
ordered to take make-up measures, and a fine
of between not less than 10,000
yuan and not more than 100,000 yuan may be imposed.
Article 51
Any one who
damages or destroys the seasonal flood control facilities in violation of the
provisions of these Regulations shall
bear civil liability according to law. In
case that punishment of public security administration shall be imposed, the
wrongdoer
shall be punished according to the "Regulations of People' Republic of
China on Public Security Administration and Imposition of
Punishment" . In case
the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for
criminal liability according
to law.
Article 52
In case that any command
organization of seasonal flood control, competent department of water
administration, the department and
unit that bear the task of flood prevention
and their staff members do any one of the following acts in violation of the
provisions
of these Regulations, the directly responsible person(s) in charge
and other directly liable person(s) shall be given administrative
punishment by
the units in which the staff members serve, or the superior competent department
according to the seriousness of
the case and the consequence of the damage. In
case the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for
criminal liability according to law:
1. Failure of formulating and
implementing pre-determined scheme for the seasonal flood control;
2. Failure
of going through the procedures of public bidding required by law for the
construction of seasonal flood control facilities
invested by the
government;
3. Refusal of obeying the dispatching instruction of the command
organizations of seasonal flood control in the flood season;
4. Failure of
being on duty at the post and causing serious affects;
5. Failure of safety
inspection in the flood season, or failure of investigation and punishment of
the law breaching acts;
6. Withholding or misappropriating the funds and
goods and materials for the seasonal flood control; and
7. Other acts of
negligence of duty, abuse of power and malpractice for self-gaining.
Article
53
The party concerned, if disagrees with the specific administrative act
made by an administrative department, may apply for administrative
reconsideration or bring an administrative lawsuit according to the "Law of the
People' s Republic of China on Administrative Reconsideration"
or
the "Administrative Litigation Law of the People' s Republic of China" .
Where
the party concerned does not apply for administrative reconsideration, nor
brings an administrative lawsuit, nor performs
the specific administrative act
within the prescribed time period, the department that has made the specific
administrative act
may apply to the people' s court for enforcement, or enforce
the act according to law.
Chapter VII Supplementary Provision
Article 54
These Regulations shall become effective on September 1,
2003.
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