上海市河道管理条例(2006年修正本)(Regulations of Shanghai Municipality on the administration of river courses (2006 Revision)).doc

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1、【精品文档】如有侵权,请联系网站删除,仅供学习与交流上海市河道管理条例(2006年修正本)(Regulations of Shanghai Municipality on the administration of river courses (2006 Revision)).精品文档.上海市河道管理条例(2006年修正本)(Regulations of Shanghai Municipality on the administration of river courses (2006 Revision))Regulations of Shanghai Municipality on the

2、administration of river courses (2006 Revision)(December 11, 1997 tenth Shanghai Municipal Peoples Congress Standing Committee of the fortieth meeting of the Shanghai city in October 10, 2003 according to the twelfth peoples Congress of the seventh meeting of the Standing Committee on the revision o

3、f the Shanghai City River Management Ordinance the decision of the first amendment on June 22, 2006 in Shanghai City twelfth peoples Congress of the twenty-eighth meeting of the Standing Committee on Revising the Shanghai City River Management Ordinance the decision of the Second Amendment)Chapter I

4、 General ProvisionsArticle 1 in order to strengthen the channel management, ensuring the safety of flood prevention, improve the urban water environment, give full play to the comprehensive benefit of rivers and lakes, according to the Peoples Republic of China water law, Peoples Republic of China,

5、Peoples Republic of China River Flood Prevention Management Ordinance and other laws and regulations, combined with the actual situation of the city, the enactment of this ordinance.Article second these Regulations shall apply to the regulation, utilization, protection and related management activit

6、ies of rivers (including lakes, depressions, man-made channels, channels, ditches and forks) within the administrative area of this municipality.The waterways within the river shall also be governed by the regulations concerning the administration of waterways at the same time by the state and the c

7、ity.The administration of the existing port areas and the inland river sections of the planned port area shall be governed by the laws and regulations.Third, the citys river channel unified planning, comprehensive improvement, rational use, and actively protect the principles.The construction, maint

8、enance and management of river courses in the municipality (hereinafter referred to as river regulation) shall be governed by the principle of combining unified management with classification and responsibility.The expenses for river regulation in this Municipality shall be raised in accordance with

9、 the principle of combining the government investment with the reasonable commitment of the beneficiaries.Article fourth the peoples governments at all levels in this Municipality shall strengthen the river regulation work, organize relevant departments and units, mobilize social forces, there are p

10、lans to carry out river regulation, improve the ability of flood control and drainage channel, play the comprehensive functions of the waters.The fifth Shanghai Municipal Water Affairs Bureau (hereinafter referred to as the Municipal Water Bureau) is the administrative department in charge of the ri

11、ver channel of this Municipality, which is responsible for the supervision, administration and guidance of the river courses in this Municipality, and implements the administration of the administrative River courses. The Shanghai municipal water affairs administrative law enforcement corps (hereina

12、fter referred to as the municipal water law enforcement corps) shall be responsible for the supervision and inspection of the river courses in this Municipality, and shall impose administrative penalties in accordance with the provisions of these regulations.District (county) water administrative de

13、partments are the administrative departments of the peoples governments at the same level. In accordance with their functions and powers, they are responsible for the administration of river courses within their respective administrative areas.The township (town) peoples government and the township

14、(town) water conservancy institutions in accordance with their respective duties and powers, responsible for the township (town) tube river management; office of the streets in accordance with the provisions of these regulations, the area where the river exercise routine supervision and management o

15、f the business to accept the administrative department in charge of superior River guide.The relevant administrative departments of this Municipality shall, in accordance with their respective functions and responsibilities, coordinate the implementation of these regulations.To determine the sixth c

16、ity tube River, municipal water authority in conjunction with the relevant departments of the project, approved by the municipal government; district (county) River and township (town) division tube River, by the district (county) water administrative department in conjunction with the relevant depa

17、rtments, put forward a proposal submitted to the District (county) peoples government for approval, and report to the municipal water authority for the record.According to management needs, Municipal Bureau of city can be commissioned by the district (county) river water administrative department in

18、 the implementation of the daily supervision and management; district (county) water administrative department can also be district (county) tube River Township (town) commissioned by the peoples government or neighborhood offices to carry out routine supervision and administration. The entrusted ad

19、ministrative department shall be responsible for the implementation of the funds entrusted to the management of the project.The division of administrative division of the Yangtze River and other provinces, cities and major river boundaries within the territory of the municipality, as otherwise stipu

20、lated by the state, shall be prescribed by the state.There are seventh dikes (including flood control wall, the same below) of the river management area for all waters, on both sides of the embankment between the beach berm or dikes, flood control channel;The scope of river management without embank

21、ments shall be determined by the design flood location determined by the flood control plan of the river. The specific scope of management shall be delimited by the peoples governments at the district (county) level or above.The eighth municipal water authority, district (county) administrative depa

22、rtments shall strengthen the supervision and management of river river river levee in accordance with the law, maintain the safety of the water project, carry out river water quality monitoring work, coordination of environmental protection administration departments to implement the supervision and

23、 management of the prevention and control of water pollution.The township (town) peoples governments and subdistrict offices shall strengthen the routine inspection and supervision of the river courses in their respective areas.When carrying out routine supervision and inspection tasks, river manage

24、rs shall wear law enforcement signs and carry out law enforcement with certificates.Ninth, any unit or individual has the obligation to protect the water works of rivers, dikes and other water projects, protect the water environment and participate in flood control and emergency rescue according to

25、law, and have the right to stop and report violations of river channel management.The second chapter, river regulationTenth professional planning of this Municipality shall conform to the river basin water resources planning, regional water conservancy and city planning requirements, in accordance w

26、ith the provisions of national and city flood control standards and other relevant technical regulations.Other types of professional plans for the use of river channels in the municipality shall be coordinated with the professional planning of the river courses.Eleventh, the citys river planning by

27、the Municipal Water Bureau in conjunction with the relevant departments to organize the preparation, the city planning administration (hereinafter referred to as City Planning Bureau) comprehensive balance, into the citys overall urban planning.The city tube River and other river in the city center

28、planning, municipal water authority in conjunction with the relevant departments responsible for compiling, comprehensively balanced by the Municipal Planning Bureau, the city government approval; planning of other waters outside the central city, by the district (county) water administrative depart

29、ment in conjunction with the relevant departments responsible for the preparation, by the district (county) comprehensive balance planning administrative department, submitted to the district (county) peoples government for approval, and report to the Municipal Water Affairs Bureau, the Municipal Pl

30、anning Bureau for the record.If the preparation of a river channel involves the channel, the administrative department of the river shall seek the advice of the administrative department of waterway in advance.The modification or adjustment of river channel planning shall be approved by the original

31、 organ of approval.For the preparation of detailed plans for the twelfth rivers, the administrative departments of rivers shall be consulted in advance, and shall be subject to the approval of the planning administrative department after the approval of the planning administrative authority.Thirteen

32、th city tube control line river river and the central city planning (hereinafter referred to as the river blue line) scheme, proposed by the municipal water authority, approved by the Municipal Planning Bureau after implementation; the other river blue line outside the central city plan, by the dist

33、rict (county) of the administrative department in charge of the river, by the district (county) planning for approval the administrative department shall report to the Municipal Water Affairs Bureau, and the Municipal Planning Bureau for the record.Before the competent administrative department of t

34、he river brings forward the scheme for the blue line of navigable waterways, the opinions of the administrative department of waterway shall be solicited.Fourteenth Municipal Water Bureau or district (county) River administrative departments shall, in accordance with the river channel professional p

35、lanning, the development of river regulation annual plan, reported to the peoples government at the same level approved the implementation of the organization.The peoples Government of the township (town) shall formulate an annual renovation plan for the river under its jurisdiction, and organize th

36、e implementation thereof.For the rivers seriously silted up and affecting flood control and drainage, the Municipal Water Bureau or the administrative departments of the district (county) River administrative departments shall formulate emergency plans for river regulation and give priority to the r

37、enovation works.Fifteenth the waters administrative department of river regulation involves navigable waterways, consideration shall be given to the requirements for navigation and seek prior channel administration departments.The administrative department of waterway waterway regulation, flood cont

38、rol shall meet the safety requirements, and solicited in advance from the water administrative department opinion.In the course of regulation of waterways and waterways in important fishery waters, the fishery development needs shall be taken into account, and the opinions of the fishery administrat

39、ive departments shall be sought in advance.Sixteenth construction projects that are newly built, expanded or rebuilt along the river shall be set up by the construction units in the process of project approval or application for construction permission,Part of the rectification project in the region

40、 shall be included in the construction project plan and implemented simultaneously with the construction project. For the required funds, the dedicated section shall be borne by the construction unit, and the construction project of the non dedicated section shall be reasonably borne by the construc

41、tion unit in terms of income.The land needed for the rectification of the seventeenth river courses shall be adjusted and dealt with by the administrative department of land in accordance with the relevant regulations of the state and the city.The land added by river regulation shall be used in acco

42、rdance with the urban planning and land use planning, and the benefits of land transfer shall be used for river regulation.The third chapter, river utilizationEighteenth rivers within the range of management of the construction project, the construction unit shall, in accordance with the river manag

43、ement authority, the Municipal Water Affairs Bureau or the district (county) agreed to review the administrative departments in charge of the river, and in accordance with the basic construction procedures of examination and approval procedures.Nineteenth approved in river management of the construc

44、tion project before construction, construction units shall, in accordance with the river management authority, the construction scheme of City Water Bureau or the district (county) water administrative department audit, and construction within the limits specified.Twentieth construction projects wit

45、hin the scope of the river management, in accordance with relevant state laws and regulations, the completion of acceptance.No construction project without acceptance or unqualified acceptance shall not be put into use.Twenty-first need to use the river dike or platform and road, the construction un

46、it shall report to the Municipal Water Affairs Bureau or the district (county) approved by the administrative department in charge of the river, go through the relevant formalities to the administrative department of land; but in the construction of embankments have been clearly and can use the cres

47、t or platform of the road, no longer approve.Twenty-second sets or expands the drainage (sewage) mouth within the scope of river management, should be approved by the Municipal Water Conservancy Bureau or the district (county) River administrative department. Allowed to set up or expand the municipa

48、l water law enforcement corps or the district (county) waters administrative department shall order the cessation or be closed.The administrative departments of municipal administration, environmental protection and other administrative departments shall regularly send relevant materials of the drai

49、nage and discharge of rivers to the municipal water authority or the administrative departments of the district (county) according to the water system.Twenty-third, the use of rivers, sluices and other water projects to implement water diversion and diversion, and improve the water environment, should be in accordance with the plan to clear water diversion unified scheduling.The scheme for water diversion and diversion shall be formul

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