贵州省河道管理条例参考模板

贵州省河道管理条例

Standing Committee of the people's Congress of Guizhou province (promulgated by units)

19971121 (time of promulgation)

19980101 (time of implementation)

Regulations of Guizhou Province on the administration of river courses

(adopted at the thirty-first meeting of the Standing Committee of the Eighth People's Congress of Guizhou Province on November 21, 1997) and effective as of January 1, 1998

Chapter I General Provisions

The second chapter is regulation and construction

The third chapter protection and repair

The fourth chapter, legal responsibility

In accordance with the amendment to the provisions of some local laws and regulations of the Guizhou Province, the following regulations shall be amended as follows:

Twenty-seven regulations on the administration of rivers in Guizhou

Delete the "sixteenth" in the "after you can handle the

procedures" and fifth words.

Chapter I General Provisions

The first is to strengthen the river management, guarantee the safety of flood control, prevent water pollution, the rational development and utilization of rivers, give full play to the comprehensive benefits of rivers and lakes, according to the "People's Republic of China water law", "People's Republic of China flood prevention law" and relevant laws and regulations, combined with the actual situation of this province, the enactment of this ordinance.

Second these Regulations shall apply to the administrative area of the province (including reservoirs, lakes, rivers, waterways and flood canal in Karst River).

The waterway within the river shall be governed by the regulations of the people's Republic of China on the administration of air lanes.

Third, the development and utilization of river regulation, should be subject to the overall planning of river basin comprehensive planning and flood control, and the combination of pesticides hennessy. Overall planning, overall planning, comprehensive utilization, emphasis on efficiency, and promote the development of various undertakings.

Fourth departments of water administration under the people's governments at or above the county level (hereinafter referred to as the administrative departments for water administration) are the competent departments of rivers within their respective

administrative areas.

Relevant departments shall, in accordance with the division of functions and responsibilities, assist in the management of river courses.

The management of the fifth rivers shall be conducted in accordance with the principle of unified management of water system and hierarchical management.

(a) the Yangtze River in Wujiang, three, six red river, Qingshui River River, Chishui River, Furong River, river water, dance (with sound dance) Yang River; the Pearl River Basin, Yellow River, North Panjiang, Li (sound with Mongolia), Nanpanjiang River, the Red River, river river, management by the provincial administrative department of implementation;

(two) the river courses across the administrative areas shall be administered by their respective administrative departments at the next higher level;

(three) this paragraph (a), (two) outside the river, management by the competent department of water administration at the county level.

The water administrative department at a higher level may authorize or entrust the lower water administrative department to manage the river course.

Sixth River flood control and repair work to implement the people's governments at all levels responsible for the system.

Seventh units and individuals who have made outstanding achievements in the regulation, construction, protection and management of rivers, shall be commended and rewarded by the people's governments at or above the county level or by the administrative departments of water administration.

All levels of the water administrative department and censorial personnel must perform their duties according to law, accept social supervision.

The second chapter is regulation and construction

Eighth water administrative departments at all levels shall, in conjunction with the relevant departments, according to the requirements of river basin comprehensive planning and national standards for flood control and navigation and other related technology, preparation of river regulation and construction plan, approved by the people's government at the same level, and report on the level of water administrative departments and relevant departments for the record.

Renovation and utilization of river and river management in construction, shall be subject to the river remediation planning, maintenance of levee safety, maintain the stability of river flood, shipping and smooth.

The development, utilization, protection and construction of the coastline of the ninth rivers and beaches shall be subject to the river channel regulation plan, the overall land use planning and the urban construction planning. The river

sections that run through towns and large and medium-sized factories and mines shall, in accordance with the jurisdiction of the river management, be prepared by the administrative departments of water in conjunction with the departments concerned, and shall be implemented after the approval of the people's governments at the corresponding levels.

In tenth administrative regions across the river, river river to build drainage, water blocking, water diversion, water storage, water engineering and river regulation project, the parties concerned shall solicit opinions, and approved by the water administration department for examination.

Eleventh the construction of the water conservancy development, prevention and control of water disasters, river regulation engineering and all kinds of river and wear River, embankment, river bridge, docks, roads, ferries, pipelines, cables and other buildings and facilities, the construction units in the preparation of project documents, according to the river management authority will be submitted to the construction scheme of water administrative department for examination agree, can according to the basic construction procedures of examination and approval procedures.

When a construction project is arranged for construction, it shall be carried out in accordance with the approved design or plan. During the construction period, the administrative department of water shall check whether it conforms to the river regulation plan.

The water conservancy administrative department shall take part in the completion acceptance of the construction project, and the construction unit shall submit the relevant documents and materials to the water administrative department 30 days before the acceptance.

The twelfth water administrative departments shall, within 30 days from the date of receipt of the application for the construction project of the construction unit, notify the applicant in writing of the application.

The construction unit has objections to the examination opinions, at the date of the receipt of the notice within 15 days on the level of water administrative departments submit an application for review, review by the Department in conjunction with the competent department of planning in accordance with the regulations.

Thirteenth bridges, docks and water and drainage facilities, must be carried out in accordance with the requirements of the provisions of the national flood control standard, shoreline planning and other technologies, not narrow channel flood.

The beam bottom of bridges and Zhanqiao must be higher than the designed flood water level, and keep a certain height according to the requirements of flood control and shipping.

The clearance height of pipelines and lines across the river must meet the requirements of flood control and navigation.

The third chapter protection and repair

The scope of the management of the fourteenth rivers shall be determined in accordance with the following principles:

(a) with the embankment of the river on both sides of the embankment between the waters, sandbanks, beaches (including arable land), and river dyke;

(two) the river without dikes shall be determined according to the designed flood level or the highest flood level in history;

(three) within a week, the boundary waters of lake beach, access channel and karst river at the highest flood level is determined;

(four) the reservoir is determined according to the check flood level.

Delineation of the specific management of the river, by the water administrative department at or above the county level in conjunction with the relevant departments, approved by the people's government at the same level, and pile and bound.

Article fifteenth the following activities are prohibited within the scope of river management:

(a) the construction of flood and blocking karst River and flood channel of buildings and structures;

(two) planting water resistance of tall plants (except embankment shelterbelt);

(three) set the river fishing and debris disposal of slag, slag, ash, mud and garbage etc.;

(four) removal or river embankments, dams and other water engineering revetment, and all kinds of measurement, monitoring and other ancillary facilities;

(five) in dam and dike safety protection area of wells, drilling, blasting, digging, quarrying, earth and other building ponds safety hazard activities;

(six) on both sides of the river and landslides, collapse, landslides and other natural disasters are a lot of deforestation, reclamation, quarrying, soil, mining and other activities endangering the slope stability;

(seven) diverted rivers.

Sixteenth the following activities in the area of river management, shall be approved by the Department of water administration, shall go through the relevant formalities:

(a) mining, mining, quarrying, earth, gold;

(two) blasting, drilling, reclamation, dig ponds, built roads, canals, wells;

(three) storage materials such as wood, in the river beach to build factories or other buildings and structures as well as the exploitation of underground resources, archaeological

excavations, carry out fair trade activities;

(four) regulating rivers and water engineering construction of buildings or other facilities, land reclamation river;

(five) tourism development.

Seventeenth any units and individuals are forbidden to damage to dikes and revetment, dam, water damaged buildings, flood prevention facilities, hydrologic monitoring and measurement facilities, communication facilities and monitoring riparian geological lighting and other facilities.

The prohibition of non management operations on the river sluice, interfere with the normal work of river management unit.

Eighteenth the water administrative department shall carry out the water quality and quantity monitoring work, strengthen the protection of water resources, cooperate with the environmental protection departments for the supervision and administration of the prevention and control of water pollution.

In the area of river management sewage outfall settings or reconstruction and extension of sewage disposal units, before reporting to the environmental protection department, the Department of water administration shall obtain the consent of the.

Nineteenth river dike required for flood control and maintenance fees by the financial and grading burden, included

in the fiscal budget at the same level.

The river engineering construction and maintenance management fees and in river management, sand soil, gold management fees, in accordance with the relevant provisions of the state.

Twentieth rivers management within the scope of the following obstacles blocking water or engineering facilities, in accordance with the "who, who does not remove" principle, by the water administrative department proposed wrecker plan and implement programs and provides clear deadline:

(a) serious backwater, endangering the safety of flood water bridge, approach roads, docks, stations, ferry, Zhanqiao and other cross river engineering facilities;

(two) dike, walls, houses;

(three) water blocking roads, water channels;

(four) abandoned slag, sand, cinder, mud and garbage etc.;

(five) the effects of material stacking and setting flood of river fishing;

(six) tall plants in the flood channel;

(seven) the other obstacle to river discharge and the stability of river safety.

The fourth chapter legal liability

Twenty-first in violation of the provisions of the provisions of article sixteenth, the water administrative department at or above the county level or jointly with other relevant departments, shall be ordered to stop illegal acts, confiscate the illegal income, impose a fine of less than 5000 yuan.

Article twenty-second violation of the provisions of article fifteenth, the provisions of article seventeenth, the water administrative department at or above the county level shall order it to stop the illegal act, the circumstances given a warning, to take remedial measures and impose a fine of 30000 yuan; constitute a crime shall be prosecuted for criminal liability.

Twenty-third in violation of the provisions stipulated in article twentieth, if not removed, by the local people's government organization forcible removal costs by roadblocks to bear the wrecker.

If the twenty-fourth party refuses to accept the decision on administrative penalty, he may apply for reconsideration or bring a suit in a people's court. If a person fails to apply for reconsideration or prosecution and fails to perform the punishment decision within the time limit, the organ that has made the decision may apply to the people's court for compulsory enforcement.

Article twenty-fifth for the violation of the provisions of these regulations, causing state, collective and individual