Waterway Law of the People's Republic of China (2016Amendment)

Waterway Law of the People's Republic of China (2016Amendment) Waterway Law of the People's Republic of China (Adopted at the 12th Session of the Standing Committee of the Twelfth National People's Congress of the People's Republic of China on December 28, 2014, and amended in accordance with the Decision of the Standing Committee of the National People's Congress on Amending Six Laws including the Energy Conservation Law of the People's Republic of China at the 21st Session of the Standing Committee of the Twelfth National People's Congress on July 2, 2016) Table of Contents Chapter I General Provisions Chapter II Waterway Planning Chapter III Construction of Waterways Chapter IV Maintenance of Waterways Chapter V Protection of Waterways Chapter VI Legal Liability Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is developed for the purposes of regulating and enhancing the planning, construction, maintenance, and protection of waterways, ensure the navigability and navigation safety of waterways, and promote the development of water transportation. Article 2 For the purposes of this Law, “waterway” means a navigable channel for vessels in a river, a lake, or any other inland water within the territory of the People's Republic of China or a navigable channel for vessels constructed and maintained in an inland sea or a territorial sea. A waterway includes waterway facilities, such as navigation buildings, waterway remediation buildings, and aids to navigation. Article 3 Waterways shall be planned, constructed, maintained, and protected as needed for economic and social development and national defense construction, under the principles of comprehensive utilization and conservation of water resources and environmental protection, in line with the overall arrangements for the construction of an integrated transportation system and flood control, and in coordination with water supply, irrigation, power generation, fishery, and other needs, for comprehensive benefits from water resources. Article 4 The State Council and the relevant local people's governments at and above the county level shall enhance the leadership of waterway affairs, arrange for, coordinate, and urge the relevant departments to take measures to maintain and improve the navigation conditions of waterways, protect the safety of waterways, and maintain the integrity and smooth operation of waterway networks. The State Council and the relevant local people's governments at and above the county level shall, based on the economic and social development level and the needs for waterway construction and maintenance, allocate reasonable funding for the construction and maintenance of waterways in their fiscal budgets. Article 5 The transport administrative department of the State Council shall be responsible for the national administration of waterways, and according to the provisions issued by the State Council, directly administer important trunk waterways crossing provinces, autonomous regions, and municipalities directly under the Central Government, waterways in international or boundary rivers, and other important waterways. The transport administrative departments of the local people's governments at and above the county level shall be responsible for the administration of waterways within their respective jurisdictions according to the provisions issued respectively by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. The agencies responsible for the administration of waterways formed by the transport administrative department of the State Council according to the provisions issued by the State Council and the departments or agencies responsible for the administration of waterways of the local people's governments at and above the county level (hereinafter referred to as “waterway administrative departments”) shall administer waterways in accordance with the provisions of this Law. Chapter II Waterway Planning Article 6 General waterway plans are divided into a national general waterway plan, watershed general waterway plans, regional general waterway plans, and general waterway plans of provinces, autonomous regions, and municipalities directly under the Central Government. General waterway plans shall include but not be limited to the functional orientation of waterways, objectives of planning, development planning technical grades, steps to implement such general plans, and safeguards. General waterway plans shall be consistent with the watershed or regional comprehensive plans developed as legally required, be consistent with the general water resources plans, general flood control plans, and marine functional zoning plans, and be coordinated with the relevant specialized general plans involving comprehensive utilization of water resources, other relevant general plans developed as legally required such as general plans on urban and rural development and environmental protection, and military installation protection zoning plans. Article 7 Technical grades shall be assigned to waterways. Technical grades of waterways include status quo technical grades and development planning technical grades. The development planning technical grade of a waterway shall be determined based on factors including but not limited to relevant natural conditions, flood control, water supply, water resources protection, environmental protection requirements, and needs for water transportation development. Article 8 The national general waterway plan shall be developed by the transport administrative department of the State Council in conjunction with the development and reform, water, and other relevant departments of the State Council, and be submitted to the State Council for approval before being released to the public. Watershed general waterway plans and regional general waterway plans shall be developed and released to the public by the transport administrative department of the State Council. The general waterway plan of a province, autonomous region, or municipality directly under the Central Government shall be developed by the transport administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government in conjunction with the development and reform, water, and other relevant departments of the government, and be submitted to the people's government of the province, autonomous region, or municipality directly under the Central Government and the transport administrative department of the State Council for joint approval before being released to the public. In the process of waterway planning, the opinions of relevant government departments and military authorities shall be requested, and environmental impact assessment shall be conducted as legally required. Where any sea area or major fishing water is involved, the oceanic or fishery administrative department at the same level shall participate in the process. In the development of the national general waterway plan, watershed general waterway plans, and regional general waterway plans, the opinions of the people's governments of relevant provinces, autonomous regions, and municipalities directly under the Central Government shall be requested. Watershed general waterway plans, regional general waterway plans, and general waterway plans of provinces, autonomous regions, and municipalities directly under the Central Government shall be consistent with the national general waterway plan. Article 9 General waterway plans developed and released to the public as legally required shall be complied with; and any necessary amendment of such plans shall be conducted under the planning procedures. Chapter III Construction of Waterways Article 10 The construction of new waterways and waterway engineering projects to improve navigation conditions shall comply with the provisions of laws and administrative regulations regarding the quality management and safety management of construction projects and the protection of environment, conform to general waterway plans, meet the relevant national standards, industry standards, and technical specifications, and undergo relevant formalities as legally required. Article 11 Waterway construction employers shall, according to the technical requirements of waterway construction projects, select survey, design, construction, and supervisory entities with corresponding levels of qualification in the manner of bidding or any other manner as legally required, oversee and inspect the quality and safety of projects, and be responsible for the quality and safety of projects. Survey, design, construction, and supervisory entities engaging in the construction of waterway projects shall hold corresponding levels of qualification in accordance with laws and administrative regulations, engage in the construction of waterway projects within the scopes permitted by their respective levels of qualification, and be legally responsible for the quality and safety of their respective survey, design, construction, and supervisory activities. Article 12 The transport administrative departments of the relevant people's governments at and above the county level shall reinforce supervisory inspections of the quality and safety of waterway construction projects to ensure the quality and safety of such projects. Article 13 After the completion of a waterway construction project, the waterway may be officially put to use onl......