Regulation of the People's Republic of China on the Administration of River Courses (2018 Revision)

Regulation of the People's Republic of China on the Administration of River Courses (2018 Revision) Regulation of the People's Republic of China on the Administration of River Courses (Issued by Order No. 3 of the State Council of the People's Republic of China on June 10, 1988; revised for the first time in accordance with the Decision of the State Council to Repeal and Amend Certain Administration Regulations on January 8, 2011; revised for the second time in accordance with the Decision of the State Council to Amend and Repeal Certain Administrative Regulations on March 1, 2017; revised for the third time in accordance with the Decision of the State Council to Amend Certain Administrative Regulations by the Order No. 687 of the State Council on October 7, 2017; and amended in accordance with the Decision of the State Council on Amending and Repealing Some Administrative Regulations by the Order No. 698 of the State Council on March 19, 2018) Chapter I General Provisions Article 1 For the purposes of enhancing the administration of river courses, ensuring safety in flood control, and achieving the comprehensive benefits of rivers and lakes, this Regulation is developed in accordance with the Water Law of the People's Republic of China . Article 2 This Regulation shall apply to river courses (including lakes, man-made waterways, floodways, flood storage basins, and flood retarding basins) in the territory of the People's Republic of China. The navigable waterways within river courses shall be concurrently governed by the Regulation of the People's Republic of China on the Administration of Navigable Waterways . Article 3 The development and utilization of water resources in rivers and lakes and the prevention and control of water disasters shall be carried out by adhering to comprehensive planning with all factors taken into consideration, comprehensive utilization, and pursuit of benefits and in compliance with the overall flood control arrangements to promote the development of all causes. Article 4 The department of water resources of the State Council is the national authority of river courses. The departments of water resources of all provinces, autonomous regions, and municipalities directly under the Central Government are the authorities of river courses within their respective administrative regions. Article 5 The state applies the principle of “combining unified administration by water system with grading administration” to river courses. The main sections of the Yangtze River, Yellow River, Huaihe River, Haihe River, Pearl River, Songhua River, Liaohe River, and other major rivers, the important river sections crossing provinces, autonomous regions, and municipalities directly under the Central Government, the boundary river courses between provinces, autonomous regions, and municipalities directly under the Central Government, and the national boundary river courses shall be administered by the river basin administrative bodies authorized by the state or be administered by the authorities of river courses of the provinces, autonomous regions, and municipalities directly under the Central Government where the aforesaid rivers are located under the unified river valley planning. Other river courses shall be administered by the authorities of river courses of provinces, autonomous regions, and municipalities directly under the Central Government or cities and counties. Article 6 River courses shall be graded. The grading standards for river courses shall be developed by the department of water resources of the State Council. Article 7 The system of the chief executive of a local people's government assuming ultimate accountability shall be applied to the flood control and obstacle removal work for river courses. Article 8 The authorities of river courses of the people's governments at all levels and the river course supervisors must, according to the laws and regulations of the state, enhance the administration of river courses, carry out water supply plans and flood control orders, and maintain the safety of water works and people's lives and property. Article 9 All entities and individuals are obliged to protect the safety of river course embankments and participate in flood control and relief. Chapter II River Course Regulation and Construction Article 10 River course regulation and construction shall be subject to the comprehensive river basin planning and in compliance with the flood control standards, navigation standards, and other relevant technical requirements prescribed by the state, protect the safety of embankments, and maintain stable river regimes and clear passage of floodwater and shipping. Article 11 For the construction of various works for the development of water resources, prevention and control of water-induced disasters, or regulation of river courses and the construction of bridges, wharfs, roads, ferries, pipelines, cables, or other buildings or facilities across a river, through a river, through an embankment, or on the riverside, the construction employers must, according to the administrative powers over river courses, submit the project construction proposals to the authorities of river courses for review and consent before undergoing the approval formalities for capital construction. Upon approval of their construction projects, the construction employers shall notify the authorities of river courses of their construction arrangements. Article 12 Bridges, wharfs, and other facilities must be constructed according to the river width specified in flood control standards prescribed by the state, and passages of floodwater shall not be narrowed. The beam bottom of bridges and landing stages must be higher than the designed flood level, and certain height shall be kept according to the requirement of flood control and shipping. The designed flood level shall be determined by the authorities of river courses based on flood control planning. The headroom below pipelines and lines over river courses must satisfy the requirements for flood control and shipping. Article 13 The regulation of navigable waterways by the transport departments shall satisfy the requirement for flood control and safety, and the opinions of the authorities of river courses on the relevant designs and plans shall be requested in advance. Where the regulation of river courses by the departments of water resources involves navigable waterways, consideration shall also be given to the needs of shipping, and the opinions of the transport departments on the relevant designs and plans shall be requested in advance. For the regulation of river courses and navigable waterways in rivers where bamboos and logs may be rafted according to the provisions issued by the state as well as important fishing waters, the construction employers shall also give consideration to the needs for bamboo and log rafting and fishery development, and file the relevant designs and plans with the departments of forestry and fishery at the same level in advance to request their opinions. Article 14 The authorities of river courses shall, on a regular basis, check the sluices and pump stations built on, pipelines and cables buried through, and other buildings and facilities on embankments, and order reconstruction during specified periods of those that fail to satisfy the engineering safety requirements. Any new construction of buildings and facilities as mentioned in the preceding paragraph on embankments shall be subject to the safety management of the authorities of river courses. Article 15 Where it is necessary to concurrently use the top of any embankment or a berm as a road, it must be subject to the approval of the authority of river courses of the local people's government at or above the county level. The measures for the management and maintenance of embankments and roads at the top of embankments shall be developed by the authorities of river courses in conjunction with the transport departments. Arti......