Regulation of the People's Republic of China on the Administration of Navigable Waterways (2008 Revision)

Regulation of the People's Republic of China on the Administration of Navigable Waterways (2008 Revision) Regulation of the People's Republic of China on the Administration of Navigable Waterways (Promulgated by the State Council on August 22, 1987; amended according to the Decision of the State Council on Amending the Regulation of the People's Republic of China on the Administration of Navigable Waterways issued by Order No. 545 of the State Council of the People's Republic of China on December 27, 2008) Chapter I General Provisions Article 1 This Regulation is formulated for purposes of strengthening the administration of navigable waterways, improving the navigation conditions, ensuring smooth navigable waterways and navigation safety and giving full play to the role of water transport in the development of national economy and national defense. Article 2 This Regulation shall apply to the costal and inland navigable waterways, navigable waterway facilities and other navigation-related facilities of the People's Republic of China. Article 3 The state shall encourage and protect the development and utilization of navigable waterways and the development of water transport under the principle of overall planning with all factors being considered and comprehensive utilization of water resources. Article 4 The Ministry of Transport of the People's Republic of China shall take charge of the national navigable waterway cause. Article 5 Navigable waterways may be divided into national waterways, local waterways and special waterways. Article 6 The national waterways and the waterway facilities thereof shall be administered by the Ministry of Transport or the competent transport departments of provinces, autonomous regions and municipalities directly under the Central Government as authorized by the Ministry of Transport according to the sea areas and inland water systems. The local waterways and the waterway facilities thereof shall be administered by the competent transport departments of provinces, autonomous regions and municipalities directly under the Central Government. The special waterways and the waterway facilities thereof shall be administered by the special departments. The structures for the passage of ships on the national and local waterways shall be administered according to the provisions of the State Council. Chapter II Navigable Waterway Planning and Construction Article 7 The navigable waterway development planning shall be formulated under the principle of overall planning with all factors being considered and comprehensive utilization and in combination with the development planning on water conservancy and hydropower, urban construction, railways, highways and water transport as well as the comprehensive planning on water resources approved by the state. Article 8 The national waterway development planning shall be formulated by the Ministry of Transport and be implemented after being submitted to and approved by the State Council. The local waterway development planning shall be formulated by the competent transport department of a province, autonomous region or municipality directly under the Central Government, and be implemented after being submitted to and approved by the people's government of the province, autonomous region or municipality directly under the Central Government, a copy of which shall be filed with the Ministry of Transport. The development planning on local waterways across provinces, autonomous regions and/or municipalities directly under the Central Government shall be formulated jointly by the competent transport departments of the relevant provinces, autonomous regions and/or municipalities directly under the Central Government, and be implemented after being submitted to and jointly approved by the people's governments of the relevant provinces, autonomous regions and/or municipalities directly under the Central Government, a copy of which shall be filed with the Ministry of Transport; when necessary, the said development planning shall be implemented only after being submitted to and approved by the Ministry of Transport. The special waterway development planning shall be formulated by the administrative department of special waterways jointly with the competent transport department at the same level, and be implemented after being submitted to and approved by the people's governments at the same level. Article 9 When the competent departments of water conservancy and electric power at various levels formulate the river basin planning and the planning on water conservancy and hydropower projects related to shipping and carry out the engineering design of the aforesaid projects, the competent transport departments at the same level must partic......