Regulations of Shanghai Municipality on the Administration of Waters

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Regulations of Shanghai Municipality on the Administration of Waters

Regulations of Shanghai Municipality on the Administration of Waters

(Adopted by the 40th Session of the Standing Committee of the 10th Shanghai Municipal People' s Congress on December 11, 1997)

     Chapter I General Provisions

     Article 1
     With a view to strengthening the administration of the waters course, ensuring the safety of flood prevention, improving urban and rural waters environment and giving scope to comprehensive benefits of rivers and lakes, the present Regulations are hereby formulated in accordance with the Water Law of the People' s Republic of China, Flood Prevention Law of the People' s Republic of China and Regulations of the People' s Republic of China on Waters with due consideration given to the actual circumstances in Shanghai.
     Article 2
     The present Regulations are applicable to the regulating, utilization, protection and relevant administration of the waters within the administrative areas of Shanghai Municipality, including lakes, lake-related low-lying areas, man-made water courses, ditches and branches of rivers.
     The channels within the waters shall concurrently be subject to the provisions of the State and the Municipality on administration of channels.
     In case where the administration of river sections within the existing or projected port area is separately provided by laws and regulations, such provisions shall prevail.
     Article 3
     The principles of unified planning, comprehensive regulating, rational utilization and active protection shall be implemented for the Municipality' s waters.
     The principle of unified administration in conjunction with graded responsibility shall be practiced for the construction, maintenance, and management (hereinafter referred to as regulating of waters) of the Municipality' s waters.
     The funds for the regulating of the Municipality' s waters shall be raised in accordance with the principle of combining governmental investment with beneficiaries' reasonable contribution.
     Article 4
     The People' s Government at all levels of this Municipality shall strengthen their leadership in the work of regulating the waters by way of organizing all relevant departments and units, and mobilizing forces in society, to proceed with this work in a planned manner, in order to increase the capacity of flood prevention and flood drainage, and to bring the comprehensive functions of the waters into play.
     Article 5
     The Shanghai Municipal Water Conservancy Bureau (hereinafter referred to as the Municipal Water Conservancy Bureau) is the competent administrative department in charge of the Municipality' s waters, and its subordinating Shanghai Municipal Waters (Waterlocks) Administration Section (hereinafter referred to as the Municipal Waters Administration Section) is in charge of the supervision over and the guidance of the work of the Municipality' s waters, including the routine administration of Municipality-administered waters.
     The competent water conservancy administrative department of the district (county) is the waters administrative department of the people' s government at the same level, which shall, according to its functions and powers, take charge of administration of the waters within its administrative areas.
     The township (town) people' s government and its water conservancy agency shall, according to their functions and powers, take charge of the administration of the waters within their administrative areas. The sub-district office shall, in accordance with the provisions of the present Regulations, exercise routine supervision and control over the waters within its administrative areas, while accepting professional guidance from upper competent administrative department in charge of the waters.
     All relevant administrative departments in this Municipality shall, according to their respective division of functions and responsibilities, coordinate well in the enforcement of the present Regulations.
     Article 6
     To delimit the Municipality-administered waters, a scheme shall be put forward by the Municipal Water Conservancy Bureau in conjunction with the relevant departments and be submitted to the Municipal People' s Government for approval. To divide the district (county) administered and the township (town) administered waters, a plan shall be put forward by the competent administrative department in charge of the waters in the district (county), and be submitted to the district (county) people' s government for approval, and be filed with the Municipal Water Conservancy Bureau for the record.
     In the light of the need for the administration of waters, the Municipal Water Conservancy Bureau may entrust the district (county) waters administrative departments with routine supervision and control over the Municipality-administered waters; and the district (county) waters administrative department may also entrust the township (town) people' s governments or sub-district offices with routine supervision and control over the district (county) administered waters. The entrusting administrative departments shall ensure the fund necessary for the expenditures on the entrusted projects.
     In case where the division of the administrative work of the section of the Yangtze River within the administrative area of this Municipality and other trans-provincial or trans-municipal important river sections and boundary waters is separately provided by the State, such provisions shall prevail.
     Article 7
     The scope of administration of waters with embankments (including flood prevention walls, similarly hereinafter) shall encompass the entire waters, river flats, embankments, flood-prevention corridors and flood beds between the embankments of the two banks. The scope of administration of the waters without embankment shall be set in accordance with to the designed flood level as prescribed in the flood-prevention plan.
     The specified scope of waters' administration shall be set by the district (county) people' s government or above.
     Article 8
     The Municipal Water Conservancy Bureau, the District (County) waters administrative departments, and the Municipal Waters Administration Section shall, in accordance with law, strengthen their supervision and control over the waters, ensure the safety of water conservancy structures such as the embankments of the waters, test and monitor water quality of the waters, and coordinate well with environmental protection administrative departments in the enforcement of supervision and control over the prevention of and the control of water pollution.
     The township (town) people' s governments and the subdistrict offices shall strengthen their routine inspection of and supervision over the waters within their respective administrative areas.
     Waters administrative personnel shall, while performing their routine task of supervision and inspection, wear law-enforcement marks and show their law-enforcement credentials.
     Article 9
     Every unit and every individual person has the duty to defend the safety of water conservancy structures such as the embankments of the waters, to protect the water environment, and to take part in flood prevention action and emergency rescue and has the right to stop and inform against any act that runs counter to the administration of the waters.

     Chapter II Regulating of Waters

     Article 10
     The specialized planning of waters of this Municipality shall be in conformity with the water conservancy planning of the river basin, the comprehensive water conservancy planning of the region, and the overall city planning, and shall also conform to the State and Municipal standards of flood prevention, flood drainage, and other relevant technical norms.
     Other specialized planning in relation to the utilization of the waters of this Municipality shall coordinate well with the Municipal specialized planning of waters.
     Article 11
     The specialized planning of waters of this Municipality shall be drawn up by the Municipal Water Conservancy Bureau in conjunction with other relevant departments, and shall, after being comprehensively balanced by Municipal City Planning Administration (hereinafter referred to as the Municipal Planning Administration), be incorporated in the overall city planning of this Municipality.
     The planning of Municipality-administered waters and that of other waters in the central urban districts shall be drawn up by the Municipal Water Conservancy Bureau in conjunction with relevant departments and be carried put after being comprehensively balanced by the Municipal Planning Administration and finally approved by the Municipal People' s Government; whereas the planning of other waters outside the central urban district shall be drawn up by district (county) waters administrative department in conjunction with relevant departments and shall be carried out after being comprehensively balanced by district (county) planning administrative departments and finally approved by the district (county) people' s government concerned, and shall be filed with the Municipal Water Conservancy Bureau and the Municipal Planning Bureau for the record.
     Where the drawing-up of waters planning involves matters concerning the navigation channels, the waters administrative department shall, in advance, solicit opinions from the communication administrative departments.
     The amendment or readjustment of waters planning shall be approved by the original approval authorities.
     Article 12
     Where the drawing-up of any detailed planning involves matters concerning the waters, opinions shall be solicited from the waters administrative departments in advance. And the detailed planning shall be carried out only after being approved by the planning administrative department in accordance with its functions and powers of planning administration.
     Article 13
     The scheme of planning-control line (the 'waters' blue line for short) pertinent to the Municipality-administered waters and that to the waters in the central urban district shall be put forward by the Municipal Water Conservancy Bureau, and be put into effect after being approved by the Municipal Planning Bureau. As far as other waters outside the central urban district are concerned, the blue-line scheme shall be put forward by the district (county) waters administrative department and be put into effect after being approved by the district (county) planning administrative department, and shall be filed with the Municipal Water Conservancy Bureau and the Municipal Planning Bureau for the record.
     The waters administrative department shall solicit opinions from the communication administrative departments before it put forward the scheme of blue line for the navigable waters.
     Article 14
     The Municipal Water Conservancy Bureau or the district (county) waters administrative department shall, based on the planning of waters, work out the annual plan for regulating the waters and put it into effect after being approved by the people' s government at the same level.
     The township (town) people' s government shall work out the annual regulating plan for the waters under its jurisdiction and organize the implementation of the plan.
     Where the waters are go seriously silted up that flood prevention and flood drainage is hampered, the Municipal Water Conservancy Bureau or the district (county) water-course administrative department shall work out an emergency precept to harness the water course and meanwhile make preferential arrangements for its enforcement.
     Article 15
     Where the regulating of the waters involves matters concerning navigation channel, the waters administrative department shall take into account the needs of navigation and transportation, and shall solicit opinions from the communication administrative department in advance.
     Where the communication administrative department is to conduct the regulating of the waters, the regulating shall conform to the requirements for the safety of flood prevention, and the communication administrative department shall solicit opinions from the water administrative department in advance.
     Where the regulating of the waters and navigation-channels is to be conducted within important fishing areas, it is necessary to take into account the needs of the development of fishery, and to solicit opinions in advance from the fishery administrative department.
     Article 16
     Where projects for constructing, extending, or reconstructing buildings that are to be constructed along the rivers, the construction unit shall, while planning the construction projects on file, or while applying for construction permits, incorporate that part of the relevant waters regulating project of the river section within this area into the plan of the construction project and carry it out side by side with the process of construction. The funds needed for the waters regulating of the exclusively used section shall be borne by the construction unit, while the funds needed for the waters regulating of the non-exclusively-used section of construction projects for commercial purpose shall be reasonably borne by the construction unit according to the benefits it may accrue.
     Article 17
     The land needed for waters regulating shall be adjusted by the land administrative department in accordance with relevant provisions stipulated by the State and by this Municipality.
     The incremental land brought about from waters regulating shall be arranged for use according to city planning and land utilization planning, and the income accrued from transfer of such land shall be allocated for waters regulating.

     Chapter III Utilization of Waters

     Article 18
     With respect to the construction project within the sphere of waters' administration, the construction unit shall, according to the functions and powers for waters administration and with the approval of Municipal Waters Administration Section and the district (county) waters administrative department after their examination and verification, fulfil the formalities of examination and approval as stipulated for the procedure of capital construction.
     Article 19
     Before the start of construction of an approved project within the sphere of the waters administration, the construction unit shall, according to the functions and powers of waters administration, report the construction scheme for examination and verification with the Municipal Waters Administration Section or the district (county) waters administrative department. And the construction project shall be conducted within the stipulated limits.
     Article 20
     After the construction project within the sphere of waters administration is completed, the construction unit shall, according to the functions and powers of waters administration, notify the Municipal Waters Administration Section or the district (county) waters administrative department to take part in the examination and acceptance of the construction project.
     A construction project that has not been examined and accepted as qualified, or has failed to pass the examination and has not been in accepted because of disqualification by the Municipal Waters Administration Section or by the district (county) waters administrative department shall not be put into operation.
     Article 21
     Where the top or the platform of the embankment of waters needs to be concurrently used as a road, the construction unit shall report to the Municipal Water Conservancy Bureau or the district (county) waters administrative department for approval and fulfil relevant formalities with the land administrative department.
     Article 22
     Where drainage works have to be installed or expanded within the sphere of waters' administration, it is necessary to report to the Municipal Waters Administration Section or the district (county) water administrative department for approval. Where drainage works are installed or expanded without authorization, the Municipal Waters Administration Office or the district (county) waters administrative department shall order that the works be stopped or closed down.
     The municipal administrative departments of public works, environmental protection, etc. shall regularly forward copies of materials concerning drainage of water and pollutants of each river system to the Municipal Water Conservancy Bureau or the district (county) waters administrative departments.
     Article 23
     Where the water course structures such as waters and water locks are to be used for the diversion of clean water so as to improve the waters' environment, the use of the hydraulic structures shall, according to the established scheme to that effect, be arranged in a unified manner.
     The scheme of clean water direction shall be worked out by the Municipal Water Conservancy Bureau in conjunction with relevant departments.
     Article 24
     Where a unit or an individual person needs to make provisional use of a body of water or the land area within the sphere of the waters administration an application shall be filed with the Municipal Waters Administration Section or the district (county) waters administrative departments so as to obtain a "License for Provisional Use of the Waters" in advance.
     The period for provisional use of the waters shall not exceed two years. In case of absolute necessity, the period may be extended only once and for one year at most.
     At the expiry of the period for provisional use, the unit or the individual person in question shall restore the original condition of the waters. In case of failure to do so in due time, the Municipal Waters Administration Section or the district (county) waters administrative department shall order the unit or the individual person concerned to restore the original condition of the waters, or the authorities may organize a forced demolition of the structures for such use, and all necessary costs and expenses incurred thereby shall be borne by such unit or person.
     The unit or the individual person that makes provisional use of the waters shall be responsible for the flood-prevention safety of the embankment within the scope of such provisional utilization of waters.
     Article 25
     A construction unit that has been approved to conduct construction activities within the sphere of waters' administration shall make appropriate compensation for the occupation and use of the water conservancy structures such as embankments, or for the occupation and use of the water area of the waters. The construction unit shall be liable to pay compensation for the damages done to the water conservancy structures, such as the embankment of the waters, caused by the construction activities, and shall have the duty to clear up the silt deposited due to its construction activities.
     Article 26
     The ascertainment of the property right of land within the sphere of waters' administration shall be done by the land administrative department in accordance with the relevant provisions of the State and the Municipality.

     Chapter IV Protection of Waters

     Article 27
     Unauthorized filling up and/or blocking up of waters are strictly prohibited.
     Where there is absolute need to fill up (or block up) the waters, the construction unit shall entrust an appropriately qualified water conservancy planning and designing unit to conduct the planning and demonstration, and the plan shall then be submitted to the relevant organs for examination and approval according to their functions and powers therefor:
     1. With respect to the Municipality-administered waters or other waters within the central urban district, the plan shall be examined, verified and approved by the Municipal Water Conservancy Bureau and be submitted to the Municipal People' s Government for approval; or
     2. With respect to other waters outside the central urban district, the plan shall be examined, verified and approved by the district (county) waters administrative department and then be submitted to the Municipal Water Conservancy Bureau for approval.
     Where the filling-up of waters necessitates the adjustment of river system, the expenses incurred shall be borne by the construction unit concerned.
     To fill up the waters with approval the construction unit shall, before the start of construction, fulfil the examination and verification procedure of construction in accordance with Article 19 of the present Regulations.
     Article 28
     The waters administrative department shall, in accordance with the flood-prevention standards stipulated by the State and this Municipality, and with the approval of the People' s Government at the same level, order the owner-unit of the bridges, wharves, or other cross-river works that seriously block up and obstruct water flow to rectify or to demolish such facilities in a fixed period of time. Where such facilities affect the safety of flood discharge or flood drainage in flood period, all parties concerned shall obey the emergency decisions made by the flood-prevention headquarters.
     Article 29
     No water-jamming obstacles shall be installed within the sphere of waters' administration.
     The Municipal waters Administration Section or the district (county) water administrative department shall put forward an enforcement scheme for eliminating all water-jamming obstacles within the sphere of waters administration under the principle of "Whoever installs the obstacle, is liable to remove it" and order the obstacle-setter to remove the obstacles within a fixed period of time. If the obstacle-setter fails to do so, the Municipal Waters Administration Section or the district (county) waters administrative department shall enforce a compulsory removal. All expenses incurred thereby shall be borne by the obstacle-setter.
     Article 30
     Where, on account of an absolute engineering necessity, there is the need to break the forefront embankment for construction, or a breach or a hole has to be made therefor, the construction unit shall, before starting construction, apply to the administrative department of the embankments or of the flood-prevention wall for verification and approval, and then report to the Municipal Flood-Prevention Headquarters for approval.
     In case the time for the construction project includes the flood period, the construction unit shall make solid arrangements for safety measures for the flood period.
     Article 31
     To operate transportation, to store bamboo and timber, to bread aquatics, or to fish on the waters shall not affect the flood discharge, water-logging drainage and irrigation, or endanger the safety of water conservancy structures.
     The Municipal Waters Administration Section or the district (county) waters administrative department shall, in conjunction with the departments of communication, public security, etc. take measures to remove or make emergency disposal of the following substances that affect flood discharge and water-logging drainage:
     1.Bamboo or timber stored on the waters, aquatics breeding or fishing facilities installed in the waters and other drifts; or
     2. Ships detained on the waters.
     Article 32
     For such river-section where navigation speed has to be limited in order to safeguard the safety of embankments, the waters administrative department shall, in conjunction with the communication administrative department, set up signs and marks to limit navigation speed.
     Article 33
     During the operation, opening to navigation, admission of high tide, drainage of flooded fields, diversion of clean-water and regulation of water-flow of water locks, the safety of flood prevention and the safety of navigation of the ships in this region shall be ensured.
     The regulations on water locks administration of this Municipality shall be separately formulated by the Municipal People' s Government.
     Article 34
     The waters administrative department shall take measures to strengthen the work of water-and-soil conservation for embankments and river banks of the waters, and the work of organizing the masses to plant trees and grow grass, and to guard against loss of water and soil, and to prevent the waters from being silted up.
     The waters administrative department shall organize the forestation and vegetation for the protection of embankments and banks, and be responsible for their maintenance and management.
     Article 35
     According to the importance of the waters and the soil quality of the embankment base, the Municipal Water Conservancy Bureau or the district (county) waters administrative department may, after being approved by the People' s Government at the same level, designate a safety protection zone for embankments in the region contiguous to the sphere of waters' administration.
     Within the sphere of waters' administration as well as inside the safety protection zone for embankments, none of the following activities shall be conducted without the approval of the Municipal Waters Administration Section or the district (county) waters administrative department:
     1. Extracting underground resources, conducting archeological excavation or stacking materials or articles;
     2. Setting up fishing weirs, fishing nets, or other fishing installations; or
     3. Endangering the safety of waters embankments by way of explosion, extracting earth drilling, pile driving, well-digging, constructing fish ponds, or taking earth away.
     Article 36
     None of the following activities may be conducted within the sphere of waters' administration:
     1. Dumping wastes of industry, agriculture, and construction, etc. or garbage, excrement and urine;
     2. Washing vehicles or containers that have stored oils or poisonous or harmful substances;
     3. Setting up houses, sheds or other buildings or structures;
     4. Damaging waters embankments or other hydraulic structures;
     5. Cutting and stealing trees from embankment protection woods or grazing or reclaiming and cultivating there;
     6. Conducting operations on or under water, which tend to affect the stability of river situation or endanger the safety of waters embankments; or
     7. Other activities prone to hinder the waters from flood-discharging or flood-draining.

     Chapter V Security Measures

     Article 37
     Waters regulating tasks shall be incorporated into the municipal plan of national economy and social development. The people' s governments at all levels shall raise their overall investment share in this connection.
     Article 38
     The people' s governments at all levels shall, in accordance with the stage-target set forth in the waters planning, work out the annual plan of waters regulating harnessing, and the funds needed therefor shall be arranged as a special item of the annual financial budget.
     Article 39
     The construction foundations for water conservancy set up by the People' s Governments at all levels in accordance with the relevant provisions of the State shall be mainly used in flood prevention and waters regulating.
     Article 40
     This Municipality levies, in accordance with the provisions of law, fees for the construction, maintenance, and administration of water engineering. The specific procedures on the levy, use and management fees shall he formulated by the Municipal People' s Government.
     Article 41
     The people' s governments at all levels shall, according to the relevant provisions of the State, arrange for a certain proportion of voluntary labor force and accumulative labor force in the construction and reinforcement of the waters' embankment engineering works.
     Article 42
     No unit or individual person shall be allowed to with hold or misappropriate the funds for waters regulating.
     Audit organs shall enhance their auditing and their supervision over the levy, collection, and utilization of waters regulating funds.

     Chapter VI Legal Liability

     Article 43
     The Municipal Waters Administration Section or the district (county) waters administrative department shall order the one who has filled up and blocked up the waters without authorization in violation of the present Regulations to correct the wrong within a fix period of time or to take other remedial measures and impose on them a fine of not less than 10,000 yuan to not more than 100,000 yuan.
     Article 44
     Anyone who has violated the provisions of Article 18, Article 19, Article 20(2), and Article 30(1) of the present Regulations, shall be ordered by the Municipal Waters Administration Section or the district (county) waters administrative department to stop construction, to correct the wrong or to take other remedial measures within a fixed period of time, and on him shall be imposed a fine of not less than 1,000 yuan to not more than 50,000 yuan.
     Article 45
     Anyone who has violated Article 35(2) of the present Regulations shall be ordered by the Municipal Waters Administration Section, the district (county) waters administrative department, or the Township (Town) water conservancy organ to stop the wrongdoing, to correct the wrong within a fixed period of time, and on him shall be imposed a fine of not more than 10,000 yuan.
     Article 46
     Anyone who has violated Article 36 of the present Regulations shall be ordered by the Municipal Waters Administration Section, the district (county) waters administrative department or the township (town) water conservancy organ to stop the wrongdoing, to correct the wrong within a fixed period of time and on him shall be a fine of not more than 30,000 yuan.
     Article 47
     The Subdistrict Supervisory Team shall order the one whose actions are in violation of the present Regulations to stop his wrongdoing and correct the wrong within a fixed period of time and shall impose on the wrongdoing person a fine of not more than 50 yuan and impose on the wrongdoing unit a fine of not more than 1,000 yuan.
     In case where the administrative penalty to be imposed goes beyond the scope of those set forth in the above Section, the Subdistrict Supervisory Team shall turn them over to the district waters administrative department for a proper penalty.
     Article 48
     In case the waters administrative department at a lower level makes the waters' administrative department at the upper level shall require the former to correct or set aside the decision.
     Article 49
     Administrative personnel of waters administrative departments, who have neglected their duties, abused their power or acted wrongfully for selfish ends, shall be given administrative penalties by their units or higher authorities; those whose act constitutes a crime shall be prosecuted for their criminal liability.
     Article 50
     The party concerned that refuses to accept the specific administrative act enforced by the waters administrative department or other organization may apply for reconsideration or bring an action in accordance with the Regulations on Administrative Reconsideration or the Administrative Litigation Law of the People' s Republic of China.
     If the party concerned does not apply for reconsideration or bring an action within the period provided by law, nor perform the specific administrative act, the department or the organization that has made the specific administrative act may apply to the people' s court for enforcement.

     Chapter VII Supplementary Provisions

     Article 51
     The Municipal People' s Government shall formulate the specific administrative procedures in accordance with the present Regulations.
     Article 52
     The Municipal Water Conservancy Bureau shall be responsible for the interpretation of the present Regulations in their specific application.
     Article 53
     The present Regulations shall become effective on March 1,1998.

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