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Regulations of Shanghai Municipality on the Administration of Mudflat
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| (Adopted at the 31st session of the Standing Committee of the 10th Shanghai Municipal People's Congress on October 31, 1996) Article 1 The present Regulations are formulated in accordance with the relevant state laws and regulations and in the light of the local actual conditions with a view to strengthening the administration of mudflat resources, rationalizing mudflat development and utilization, promoting economic construction and social development and ensuring the safety of the people's lives and properties. Article 2 The present Regulations apply to the mudflats at the mouth of the Yangtze River, along the East China Sea coast, in the Hangzhou Bay and around the islands within the administrative area of this municipality, with the exception of the existing port areas and the planned port areas determined by the State and this municipality. The mudflat development and utilization mentioned in the present Regulations refers to the induced siltation, enclosure, utilization and protection of mudflats. Article 3 All the mudflats in this municipality are owned by the State. No unit or individual person is allowed to illegally occupy and use the mudflats. Article 4 The mudflat development and utilization shall be carried out in keeping with the needs of this municipality's urban and rural construction and in compliance with the principles of overall planning, suiting to local conditions, rational development and paid use. This municipality encourages and supports domestic and foreign investors to develop and utilize mudflats. This municipality protects, according to law, the legitimate rights and interests of the units or individual persons developing and utilizing mudflats. Article 5 The municipal and the district (county) people's governments along the river and sea coasts shall conduct unified planning, strengthen leadership and take effective measures to promote the development and utilization of the mudflats. Article 6 The Shanghai Municipal Water Conservancy Bureau(hereinafter referred to as "the Municipal Water Conservancy Bureau") is the municipal administrative department in charge of mudflat development and utilization, and is responsible for organizing the implementation of the present Regulations. The Shanghai Municipal Mudflat Administrative Department (hereinafter referred to as "the Municipal Mudflat Administrative Department") is in charge of the specific administration of mudflat development and utilization in this municipality. The competent administrative departments of the districts and counties along the river and seacoasts are in charge of the specific administration of mudflat development and utilization within their administrative areas and accept the professional leadership of the Municipal Water Conservancy Bureau. The local departments in charge of city planning, real estate, port, navigational channels, marine supervision, maritime affairs, environmental protection, finance, price control, agriculture, fishery, etc. shall, within their respective duties, coordinate in the implementation of the present Regulations. Article 7 This municipality's overall planning for mudflat development and utilization shall be prepared by the Municipal Water Conservancy Bureau jointly with other relevant departments, incorporated into the overall city planning, after being overall balanced by the municipal administration department in charge of city planning, and then be submitted to the Municipal People's Government for approval before its implementation. The planning of mudflat development and utilization shall be harmonized with the specialized planning of navigational channels, port, environmental protection, land utilization, marine development, etc. The planned mudflat enclosure lines are not allowed to go beyond the planned revetment lines. Article 8 Induced siltation project shall be organized for implementation in accordance with the municipality's overall planning for mudflat development and utilization in the light of the planning for dredging the mouth of the Yangtze River and the Hangzhou Bay. Article 9 The municipal, district (count) people's governments shall raise funds for mudflat development and utilization through various channels, levels and means. The funds for mudflat development and utilization shall mainly come from the following sources: 1. Land reclamation fund; 2. Mudflat use fee; 3. State and city fiscal appropriations; and 4. Domestic and foreign investments. The funds specified in the preceding Section must be used for mudflat development and utilization, and no unit or individual is allowed to withhold or divert them for other purposes. Article 10 Mudflat development and utilization must meet the following conditions: 1. Conforming to the overall planning for mudflat development and utilization; 2. Mudflat lie being stable and mudflat being in an expanding state; 3. Having no adverse effect on the ecological environment, water resources, navigational channels, river lie and flood control facilities in the surrounding areas. Article 11 A licensing system shall be adopted for carrying out mudflat development and utilization in this municipality. If the mudflat development and utilization project covers no more than 80 hectares, the application shall be submitted to the district (county) department in charge of water administration in the locality of the mudflat. If the said project covers more than 80 hectares, the application should be submitted to the Municipal Mudflat Administrative Department . The application shall specify the project's purpose, scope and mode of use and the time limit for such development and utilization. Article 12 The Municipal Mudflat Administration Department or the district (county) department in charge of water administration shall, within 15 days from the date of receiving a written application from the unit or individual person intending to carry out mudflat development and utilization, complete the preliminary examination and submit its opinion to the Municipal Water Conservancy Bureau for examination and approval. The Municipal Water Conservancy Bureau shall, within 30 days from the date of receiving the preliminary opinion of the Municipal Mudflat Administrative Department or the district (county) department in charge of water administration, complete the examination and make a decision. The Municipal Water Conservancy Bureau shall, before making a decision on approval, solicit the advice of other relevant departments at municipal level. If the project is preliminarily examined by the Municipal Mudflat Administrative Department, the Municipal Water Conservancy Bureau shall, before making a decision, solicit the advice of the district (county) department in charge of water administration in the locality of the mudflat. If the application for mudflat development and utilization is approved, the Municipal Water Conservancy Bureau shall issue a "Permit for Mudflat Development and Utilization" to confirm the right to use the mudflat. If the application is not approved, the bureau shall give reasons in writing to the applicant. Article 13 If the unit or individual person that has been approved to develop and utilize the mudflat needs to alter the purpose, scope, method of use and the time limit for development and utilization, it/he/she shall go through the formalities for making alteration in the registration with the same procedure as his original application according to the original procedure of application. If the unit or individual that has been approved to develop and utilize the mudflat needs to assign the mudflat use right, it/he/she shall go through the examination and approval formalities with the same procedure as his original application. Article 14 The induced siltation and mudflat enclosure projects must be undertaken by the units with proper qualifications and be designed and constructed in accordance with the relevant technical regulations. Article 15 After a mudflat enclosure project is completed, the Municipal Water Conservancy Bureau shall organize the municipal departments in charge of city planning and real estate, the district (county) department in charge of water administration in the locality of the mudflat and other related departments to carry out check and acceptance of the project. If the project does not conform to the prescribed standards, the unit or individual person developing and utilizing the mudflat must do it over again. The reconstruction costs shall be borne by the said unit or individual person. Article 16 The land reclaimed through mudflat enclosure belongs to the State. After a mudflat enclosure project is completed, the unit or individual person developing and utilizing the mudflat shall, with the check and acceptance and the "Permit for Mudflat Development and Utilization", apply to the municipal or district (county) department in charge of real estate administration for a "Permit for use of Stateª²Owned Land". The department in charge of real estate administration shall administer it in accordance with the relevant regulations of the State and this municipality on land administration. The standards of fee for the use of the land reclaimed through mudflat enclosure in this municipality shall be set by the Municipal People's Government. Article 17 The units or individual persons who are permitted to develop and utilize mudflats shall enjoy the following rights: 1. To obtain the land use right according to law after the land is reclaimed through mudflat enclosure. They may transfer, lease, or mortgage the land or use the land for other legal operations within the duration of use, and their legitimate rights and interests shall be protected by law; 2. To obtain economic subsidies given by the Municipal Water Conservancy Bureau jointly with other relevant departments, if the mudflats are enclosed for agricultural production and from the construction of key supporting facilities; 3. To be exempt from agricultural tax for the period of time stipulated by the State, if the mudflats are enclosed for agricultural production; and 4. To be entitled to exemption from or reduction of mudflat use fee with the approval of the Municipal Water Conservancy Bureau, if the mudflats are enclosed for public good undertakings. Article 18 Aquaculture and fishery, marine cable and pipe laying, ship scrapping and the building of houses and sheds carried out on mudflats shall not affect the safety of flood control. Article 19 Without the permission of the district (county) department in charge of water administration, no unit or individual person when developing and utilizing mudflats, is allowed to be engaged in the following acts: 1. Demolishing the functionless facilities that were formerly used for mudflat and dike protection and induced siltation; 2. Grass cutting and animal grazing on mudflats; 3. Building or expanding sewage outlets on mudflats. Article 20 No unit or individual person is allowed to be engaged in the following acts: 1. Developing and utilizing mudflats without obtaining the "Permit for Mudflat Development and Utilization"; 2. Demolishing or damaging the facilities for mudflats and dikes protection or the induced siltation facilities; 3. Polluting the mudflats by dumping waste liquids, waste residues and other wastes; 4. Jeopardizing mudflat integrity and dike safety; 5. Destroying the mudflat protective and wave preventing plants or felling the trees of the dike shelterbelts. Article 21 The units or individual persons developing and utilizing the mudflats have the duty to protect mudflats and their dikes, and shall during the flood season obey the unified command of the district(county) floodª²control organs in the locality of the mudflats. Article 22 If the State has to take back the mudflat use rights according to law out of the need of national defense, flood control or major economic construction and social development, the original units or individual persons that developed and utilized the mudflats shall comply. The construction units shall give reasonable compensation to the original units or individual persons that developed and utilized the mudflats Article 23 The units or individual persons developing and utilizing mudflats shall pay mudflat use fee. The specific procedure for the collection and spending of the mudflat use fee shall be worked out separately by the Municipal People's Government. Article 24 The units or individual persons that have made outstanding achievements in protecting and developing mudflat resources and in scientific research shall be commended and rewarded by the municipal and the district (county) people's governments or the departments at the same level in charge of water administration. Article 25 Any unit or individual persons that have violated the provisions of the present Regulations shall be ordered by the Municipal Mudflat Administrative Department or the district (county) department in charge of water administration to stop their illegal acts, restore it to the original state or take remedial measures within the prescribed timeª²limit. If an economic loss is incurred, the said units or individual persons shall be liable for compensation and the persons who are directly liable for such acts shall be subjected to the administrative penalties imposed by their employing units or the higher authorities. Article 26 Anyone who has committed one of the following acts in violation of the provisions of the present Regulations shall have his illegal earnings confiscated by the Municipal Mudflat Administrative Department or the district (county) department in charge of water administration and shall be ordered to pay a fine according to the following stipulations: 1. A fine between 1,000 and 20,000 yuan shall be imposed on anyone who has altered without authorization the purpose, scope, mode of use and the timeª²limit for the mudflat development and utilization project in violation of the provisions of Section 1, Article 13 of the present Regulations; 2. A fine equivalent to 50% of one's illegal earnings shall be imposed on anyone who has transferred without authorization the mudflat use rights in violation of the provisions of Section 2, Article 13 of the present Regulations; 3. A fine between 3,000 and 50,000 yuan shall be imposed on anyone who has without authorization demolished or damaged the mudflats and dikes protective facilities and the induced siltation facilities and jeopardized the integrity of mudflats and the safety of dikes in violation of the provisions of Item 1, Article 19 and Items 2 and 4, Article 20 of the present Regulations; 4. A fine between 100 and 2,000 yuan shall be imposed on anyone who has without authorization cut grass or grazed livestock in violation of the provisions of Item 2, Article 19 of the present Regulations; 5. A fine between 1,000 and 30,000yuan shall be imposed on anyone who has without authorization built or expanded sewage outlets on mudflats in violation of the provisions of Item 3, Article 19 of the present Regulations; 6. A fine between 2,000 and 40,000 yuan shall be imposed on anyone who has without the required permit carried out mudflat development and utilization in violation of the provisions of Item 1, Article 20 of the present Regulations; 7. A fine between 1,000 and 30,000 yuan shall be imposed on anyone who has without authorization polluted mudflats by dumping waste liquids, waste residues or other wastes in violation of the provisions of Item 3, Article 20 of the present Regulations; or 8. A fine between 100 and 10,000 yuan shall be imposed on anyone who has damaged or destroyed the mudflat and dike protective plants or fell the trees of the dike shelterbelts in violation of the provisions of Item 5, Article 20 of the present Regulations. Anyone who has violated the provisions of the present Regulations that fall within the scope of administrative function of other administrative department shall be punished by the relevant department in accordance with the relevant laws and regulations. Article 27 Any units or individual persons that commit one of the following acts in violation of these provisions of the present Regulations shall have the "Permit for Mudflat Development and Utilization" revoked by the Municipal Water Conservancy Bureau: 1. Failing to carry out mudflat enclosure without justifiable reasons after 2 years from the date of obtaining the approval to enclose mudflat; 2. Altering without authorization the scope and purpose of mudflat use, and the wrongdoing is serious; or 3. Refusing to pay the mudflat use fee. Article 28 When imposing an administrative penalty, the Municipal Water Conservancy Bureau, the Municipal Mudflat Administrative Department or the district (county) department in charge of water administration shall award a decision on the administrative penalty. A unified receipt for the fine and confiscated money and goods printed by the Municipal Finance Bureau shall be issued for the fine and confiscated money. The fines and confiscated money shall be turned over to the State Treasury. Article 29 If the wrongdoing party refuses to obey the specific administrative act of the administrative department, he/she may apply for administrative reconsideration or bring an administrative action in accordance with the provisions of the "Regulations on Administrative Reconsideration" and the "Administrative Litigation Law of the People's Republic of China." If the wrongdoing party neither applies for reconsideration, nor brings an action, nor performs the specific administration act within the prescribed time limit, the department that did the specific administrative act may apply to the people's court for enforcement in accordance with the provisions of the "Administrative Litigation Law of the People's Republic of China". Article 30 Those who have refused and obstructed the performance of duty by the administrative personnel in violation of the provisions of the "Regulations of the People's Republic of China on the Public Security Administration and Imposition of Punishment" shall be punished by the public security departments. Those whose act is serious enough to constitute a crime shall be prosecuted for their criminal liability. Article 31 The administrative personnel shall observe laws and disciplines and act with justice. Those who have neglected their duties, abused their power or acted wrongfully for selfish ends but whose acts have not constituted crimes shall be subjected to administrative penalties. If a crime is committed, they shall be prosecuted for criminal liability according to law. Article 32 The Municipal Water Conservancy Bureau shall be responsible for the interpretation of the present Regulations in their specific application. Article 33 The present Regulations shall become effective on January 1, 1997. |
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