Measures of Shenzhen Municipality onManagement and Protection of Dongjiang River Water

 (promulgated by Decree No.259 of Shenzhen Municipal People’s Government on November 27^th , 2013)

　　

Article 1 In order to strengthen the management and protection of Dongjiang River Water Resources Project of Shenzhen municipality, optimize the allocation of water resources, safeguard the use of production and living water, promote economic and social development, these Measures are hereby formulated according to the Law ofthe People’s Republic of China on Water, Regulations of Guangdong Province on Management of Water Control Projects and other laws，regulations as well as the actual circumstances of this Municipality.

Article 2 These Measures shall be applicable to the activities of management, protection and utilization of Dongjiang River Water Resources Project within the administrative area of Shenzhen Municipality .

If otherwise stipulated by any law or regulations, those provisions shall prevail.

Article 3 The term “Dongjiang River Water Resources Project”(hereinafter referred to as “the project”) in these Measures means the engineering project and affiliated facilities which are invested, built and managed by Shenzhen Municipal People’s Government for the purpose of water diversion, storage, delivery and distribution into Shenzhen Municipality by using water resources of Dongjiang River.

The project is a water resource allocation project which is non-profit, basic and strategic. The project consists of water intakes, pump stations, tunnels, box culverts, pipes, aqueducts, inverted siphons, open channels, valve chambers (wells), measuring rooms, sluices, storage adjustment projects, management stations, debris fields, electricity substations, monitoring and protection facilities and equipments, and transmission lines, communication lines, dedicated roads, lighting facilities, markers and other components.

Article 4 The competent water administration department of the Municipality shall be the competent organ in charge of the project. The competent water administration department of the Municipality shall strengthen communication and coordination with relevant competent administrative departments along the project and outside the administrative area of this Municipality, and explore the establishment of joint-action enforcement mechanisms among Shenzhen,Dongguan and Huizhou.

Shenzhen Municipal Administrative Office of Dongjiang River Water Resources Project shall be the operation and management agency of the project, which shall be responsible for the specific work of operation, management and protection of the project as well as other matters delegated to it according to law.

The administrative departments of urban planning and land resources, public security, environmental protection, construction, transportation, electricity and other departments shall, according to their respective functions and duties, make efforts to bring to success the work of project protection.

Article 5 The operation and management agency of the project shall strengthen the publicity and education of project protection, and create a favorable social environment for protecting water resources and water resources projects.

Any unit or individual has the right to report any activity which damages the project facilities and endanger the project safety.

Article 6 The management range of the project shall include:

1.the Land and water area along the project expropriated or requisitioned according to law;

2.the project and affiliated facilities.

Article 7 Within the management range of the project, the following activities, which endanger the safety of the project, shall be prohibited:

1.fetching soil, quarrying, excavating sand, blasting, digging wells, drilling, furrowing, digging holes, and digging ponds;

2.damaging and destroying or vandalizing water control project facilities and affiliated facilities and equipments;

3.constructing buildings and structures without authorization;

4.driving over the limit and weight on the project facilities including the top of dikes (dams) , raw water transmission pipes, box culverts, and dedicated roads for check and maintenance;

5.stacking materials on raw water transmission pipes and dedicated roads for check and maintenance;

6.other activities apart from the prescribed use of the project facilities such as field burning, farming and herding of livestock;

7.other activities which endanger the safety of the project.

Article 8 Within the management range of the project, the following activities, which pollute water quality, shall be prohibited:

1.directly or indirectly discharging sewage water or liquid into water bodies, stacking, landfilling or dumping solid wastes such as garbage and waste residue or other toxic and harmful substance;

2.swimming, washing or cleaning various vehicles or other instruments in the water area;

3.killing fish, shrimp and other aquatic animals by use of  electric shocks, explosives or toxic substances;

4.driving vehicles or ships loaded with toxic chemicals;

5.other activities that pollute water quality.

Article 9 The land and water area within the management range of the project shall be managed and used according to the prescribed use by the project operation and management agency, and shall not be used for rental or other use unrelated with the construction, management and maintenance of the project.

No unit or individual is allowed to invade and occupy the management land of the project.

Article 10 The land and water area outside the management range of the project, which are needed to ensure the safe operation of the project and its daily maintenance, shall be included in the protection range of the project. The protection range shall be defined according to the following standards:

1.the protection range of tunnels: the area which extends 40 meters respectively from both sides of the vertical centerline of the project in the horizontal direction, and 80 meters from the horizontal centerline of the project in the vertical direction, however, if the scope of the construction land use right is determined according to a construction land supply program approved by the municipal government, that scope shall prevail;

2.the protection range of channels, box culverts and pipes: the area extending 20 meters outwards from the edge of their management scope;

3.the protection range of aqueducts and inverted siphons: the area extending 20 meters respectively from both sides of the project centerline in the horizontal direction;

4.the protection range of pump stations, valve chambers(wells), electricity substations, sluices, management stations, measuring rooms and other project facilities: the area extending 20 meters outwards from the edge of their management scope;

5.the protection range of other project facilities: the area extending 10 meters outwards from the edge of their management scope.

The ownership of the land as well as buildings and attachments on the land within the protection range of the project remains unchanged.

Article 11 Agricultural production and other activities within the protection range of the project shall not affect the safety of project facilities and water quality.

Article 12 Within the protection range of the project, the following activities, which endanger the safety of the project, shall be prohibited:

1.fetching soil, quarrying, excavating sand, blasting, digging wells, drilling, furrowing, digging holes, digging ponds and other activities which endanger the safety of the project;

2.Constructing or establishing places, warehouses, stacks and other spots which are used for the production, processing, storage and sale of flammable, toxic or radioactive goods.

With regard to the buildings and structures stipulated in item (2) which have been built within the protection range of the project before the implementation of these Measures, the project operation and management agency shall deal with them, as appropriate, in accordance with the actual situation, through restricting usage, leasing, purchasing, requisitioning and other ways according to law to gradually eliminate the potential safety hazard of the project.

Article 13 The project operation and management agency shall set up distinct signs of management and protection within the management and protection range of the project, place security and warning signs at intersections, towns and other important locations where the project passes, set up weight limit signs over raw water transmission pipes, channels, dedicated roads for check and maintenance and other facilities, and inspect, maintain various types of signs regularly.

No unit or individual shall be allowed to move, cover, alter or damage the signs.

Article 14 When the project operation and management agency inspects, repairs the project facilities, the relevant units and individuals shall provide cooperation actively.

Article 15 The project operation and management agency shall protect the legitimate rights and interests of the units and individuals along the project when repairing or maintaining the project facilities.

Where there is need to temporarily use adjacent land or facilities due to repair or maintenance, the project operation and management agency shall conclude a contract of temporary use according to law and pay the relevant fees for the temporary use according to the contract.

Article 16 Where there is need to repair or rescue due to an emergency situation, the units responsible for repair or rescue may in advance use the adjacent land or facilities for operation, but shall promptly inform the owner or the holder of the right to use of the land or facilities.     

Compensation shall be given to the third party who suffers losses because of repair or rescue work according to law.

Article 17 Where there is a plan to modify the planned use of construction land within the management and protection range of the project when formulating or adjusting the urban planning, opinions shall be solicited from the competent water administration department of the Municipality beforehand.

Article 18 A construction unit that construct buildings or structures within the management and protection range of the project shall conduct a security assessment, and solicit opinions from the project operation and management agency beforehand. Compensation shall be provided by the construction unit due to occupying the land or facilities of the project for construction.

The construction unit stipulated in the preceding paragraph shall sign an agreement with the project operation and management agency before operation, and implement the corresponding safety protection measures. If a construction unit fails to fulfill its obligation of safety protection so that the project is damaged, it shall provide compensation.

Article 19 Without the permission of the competent water administration department of the Municipality, any unit or individual shall not intercept or fetch water from the project facilities.

Article 20 Public security organs shall strengthen the investigation and process of cases involving public security and criminal cases within the area along the project.

Anyone who shall be imposed a public security administration penalty in violation of the provisions of these Measures shall be punished by public security organs along the project; If the violation is suspected of committing a crime, relevant legal liability shall be investigated for according to law. 

Article 21 The project operation and management agency shall formulate corresponding contingency plans in accordance with the safe operation of the project, water quality protection, water resources safeguard and other conditions.

Article 22 If the project operation and management agency or the relevant competent administrative departments and their staff members neglect their duties, abuse their power or engage in illegalities for personal gains or by fraudulent means, the person-in-charge directly responsible and other persons directly responsible shall be given sanctions according to law; If the offense is suspected of committing a crime, the suspect shall be transferred to relevant departments to handle according to law.

Article 23 Where there are provisions of laws, regulations and other measures on the activities which are in violation of Article 7, Article 8, Article 9 and Paragraph 1 of Article 12 of these Measures, relevant departments shall deal with the activities according to those provisions; if there are no such provisions, the competent water administration department of the Municipality shall order to make correction; and a fine of 30,000 yuan shall be imposed under the circumstances of failure to make correction within the time limit and serious consequences caused.

Article 24 Anyone who, in violation of Paragraph 2 of Article 13 of these Measures, moves, covers, alters, damages the signs without authorization shall be imposed a fine of 2,000 yuan by the competent water administration department of the Municipality.

Article 25 Anyone who, in violation of Article 19 of these Measures, intercept or fetch water from the project facilities without authorization shall be ordered to make correction within the time limit and be imposed a fine of 10,000 yuan by the competent water administration department of the Municipality simultaneously. If the circumstances are serious, the fine shall be 50,000 yuan.　　

Article 26 The competent water administration department of the Municipality may delegate the project operation and management agency to impose administrative penalties in accordance with these Measures.

Where the party is dissatisfied with the administrative penalty, it may apply for administrative reconsideration or institute a lawsuit in a people’s Court.

The project operation and management agency shall  strengthen water administration supervision, establish and improve the inspection system of the whole project.

Article 27 If other parts of Dongjiang River Water Resources Project, which are outside the administrative area of this municipality, have been damaged, the project operation and management agency may claim related infringer to assume civil, administrative and criminal liability by way of litigation or non-litigation.

The competent water administration department of the Municipality shall, in conjunction with relevant departments, formulate the specific measures on investigating for the relevant legal liability stipulated in the preceding paragraph, and establish a joint-action management and protection system  among the cities and districts along the Dongjiang River Water Resources Project, which shall allocate the responsibilities according to the subsections of the area, set up special district work groups responsible for ??the management and protection of the Dongjiang River Water Resources project in their respective districts, carry out inspection, verification , disposal of emergency, information report and other corresponding processing work in strict accordance with the requirements of the management and protection, issue related expenses of the management and protection in time, and ensure that the management and protection work is carried out effectively.

Article 28 These Measures shall take effect as of Jan 1^st, 2014.