Provisions on the Hearings for Water Administrative Licensing

Provisions on the Hearings for Water Administrative Licensing Order of the Ministry of Water Resources (No. 27) The Provisions on the Hearings for Water Administrative Licensing, which were adopted at the executive meeting of the Ministry of Water Resources on April 24, 2006, are hereby promulgated and shall come into force as of the day of promulgation. Minister Wang Nucheng May 24, 2006 Provisions on the Hearings for Water Administrative Licensing Article 1 The present Provisions are formulated according to such relevant provisions as the Law of the People's Republic of China on Administrative Licensing and the Measures for Implementing the Water Administrative Licensing for the purpose of regulating the hearings for water administrative licensing, guaranteeing the legality, scientificity and impartiality of water administrative licensing and protecting the legitimate rights and interest of citizens, legal persons and any other organizations. Article 2 Where the implementation organ of water administrative licensing organizes a hearing for water administrative licensing, it shall be governed by the present Provisions. Where it is otherwise prescribed by any law, regulation or administrative rule, such provisions shall prevail. A hearing for water administrative licensing shall be organized by the implementation organ of water administrative licensing that has made a decision on water administrative licensing. Article 3 The principles of legality, openness, fairness, impartiality and convenience shall be upheld in the hearings for water administrative licensing so as to fully solicit the opinions of the citizens, legal persons and other organizations, and guarantee the rights of statement, defense and cross-examination. Article 4 As for any matter that shall be subject to a hearing for water administrative licensing according to the relevant laws, regulations and rules, the implementation organ of water administrative licensing shall hold a hearing before making any decision on water administrative licensing. With regard of the following water administrative licensing matters, where the implementation organ of water administrative licensing deems, before making any decision on water administrative licensing, that any public interest is involved, a hearing shall be held: (1) Any major water administrative licensing matter that involves the allocation of resources of any river, lake or underground water; (2) Any major water administrative licensing matter that involves the protection of waters and water ecological system; (3) Any major water administrative licensing matter that involves the security of water engineering; (4) Any major water administrative licensing matter that involves flood control; (5) Any major water administrative licensing matter that involves the prevention and control of water loss and soil erosion; (6) Any major water administrative licensing matter that involves borderline rivers or trans-provincial rivers across different administrative regions; and (7) Any other major water administrative licensing matter that involves any public interest and thus requires a hearing. Article 5 Where any water administrative licensing matter directly involves any major interest between an applicant and any other person, the implementation organ of water administrative licensing shall, before making any decision on water administrative licensing, produce a Notice on Hearing and inform the relevant applicant and interested person of their right to request for a hearing. Where an applicant or interested person requires a hearing within 5 days as of notification of the right to request for a hearing, he shall submit an Application for Hearing. Where he fails to apply for an application within the time limit, it shall be deemed to have given up his right to hearing: An Application for Hearing shall include the following contents: (1) The name and address of the applicant or interested person, the name of a legal representative or principal of a legal person or any other organization; (2) Specific matters as applied for hearing and the requirements thereof; and (3) Basis and ground of the application for a hearing. An applicant or interested person that applies for a hearing shall simultaneously provide the relevant materials relating to the matter as applied for hearing. Article 6 The implementation organ of water administrative licensing shall, after receiving an application for hearing, conduct an examination on the application materials within 5 days. Where the application materials are incomplete, all the contents subject to supplementation and correction shall be notified to the ......