20 120 109 (date of promulgation)
20 120 109 (implementation time)
Regulations of Guangdong Province on the Administration of River Embankments
(1984 June 16 The eighth meeting of the Standing Committee of the Sixth People's Congress of Guangdong Province approved the first amendment to the Decision of the Fourth Meeting of the Standing Committee of the Seventh People's Congress of Guangdong Province on Amending Article 14. The Decision on Revision of the 25th Meeting of the National People's Congress Standing Committee (NPCSC) was revised for the second time according to the Decision of the Standing Committee of the 11th People's Congress of Guangdong Province on Amending the Administrative Compulsory Clauses in Seven Laws and Regulations of the 31st Meeting of the Standing Committee of the 11th People's Congress of Guangdong Province on October 9, 20 12.
Article 1 These Regulations are formulated in accordance with the provisions of relevant state laws and regulations in order to strengthen the management of river courses and dike projects, maintain the integrity of the projects, ensure the safety of flood control, safeguard socialist construction and the safety of people's lives and property, and promote the development of industrial and agricultural production.
Article 2 The water conservancy departments of the people's governments at all levels are the competent departments of river embankment management in the whole province, and are responsible for organizing and supervising the implementation of these Regulations; Responsible for river basin planning and water resources development and utilization in this area in conjunction with the traffic administrative department; Responsible for the management and maintenance of dike projects, and do a good job in flood control dispatching under the unified leadership of flood control headquarters at all levels.
Third in order to strengthen the management of river embankments, all localities should establish and improve the management institutions of river embankments according to the needs, led by water conservancy departments at all levels.
Urban river embankment management institutions are established and led by local urban construction departments and water conservancy departments, and are responsible for urban river embankment management and flood control according to the requirements of river basin planning and overall urban planning.
Article 4 All departments concerned with the management of river embankments must cooperate closely under the leadership of the local people's government to do a good job in the management of river embankments.
Departments in charge of river embankments at all levels shall adhere to the principle of combining professional management with mass management, fully rely on the masses, and effectively manage river embankments.
Fifth water conservancy and electric power departments in the river construction of water conservancy and hydropower projects, must be in accordance with the principle of overall planning, give full consideration to the actual needs of transportation, shipping, drainage, natural ecology and resource protection, and obtain the consent of the relevant departments.
Article 6 Any unit or individual that needs to operate in rivers, beaches, dikes and berms must report to the local river dike department for approval in advance and obey the command. The exploitation of sand and gravel soil materials in rivers and beaches should be combined with river regulation and unified planning and management by the local river embankment department.
Article 7 The construction of engineering facilities in river courses and beaches shall not affect the flood discharge and drainage of river courses and the safety of upstream and downstream dikes, cause adverse changes in river regime, hinder hydrological tests of river courses or endanger the safety of land and water traffic.
In the construction of engineering facilities in rivers and beaches, design schemes must be put forward and reported to local river embankments.
After the consent of the competent department and the traffic administrative department, it shall be submitted for approval in accordance with the following hierarchical management authority:
First, the scope of engineering facilities involving or affecting the administrative area shall be examined and approved by the competent department of river embankments in this administrative area;
Two, the engineering facilities involved or influence across administrative regions, approved by the competent department of river embankment at the next higher level;
Third, in the construction of major rivers and beaches in Xijiang, Beijiang, Dongjiang, Hanjiang and Pearl River Delta in the province, the construction unit shall propose a planning and design plan and submit it to the Provincial Water Resources Department for examination and approval; In the Pearl River Delta estuary, the development and utilization unit shall put forward the planning and design scheme, report it to the Provincial Water Resources Department, and forward it to the basin management institution of the Ministry of Water Resources for examination and approval.
Without approval, no unit or individual may fill or block a river, or throw stones to build dams or reclaim land in a river or beach; No buildings or other engineering facilities shall be built on dikes or berms.
The construction unit or individual shall pay the occupation fee for the scope of river management to the competent department of river embankment for the approved construction projects and other facilities within the scope of river management. The charging standards and measures shall be formulated by the provincial people's government.
Article 8 The main dikes of Xijiang River, Beijiang River, Dongjiang River and Hanjiang River are only allowed to be paved with turf, and trees are not allowed to be planted. Planting dike crops in other rivers and seawalls must be carried out in strict accordance with the relevant provisions of the province, and unified planning and management shall be carried out by the river dike management department. No unit or individual may reclaim dikes without authorization.
Article 9 Water conservancy departments and other professional departments at or above the municipal level divided into districts shall, according to local water conditions, set warning water levels and safe water levels (the warning water levels and safe water levels of major river embankments such as Xijiang, Beijiang, Dongjiang and Hanjiang shall be submitted to the provincial department in charge of river embankments for examination and approval), establish and improve flood control organizations and flood control work systems, implement flood control teams and tasks, reserve and update flood control materials in accordance with regulations, and do a good job in flood control.
The gate opening and closing operation of the culvert dam project of Jianghai levee must be carried out by the management unit by the designated person according to the operating rules, and no other unit or individual may operate without authorization or command beyond authority.
Article 10 There should be berms on both sides of dikes. All the berms requisitioned and demarcated in the past are owned by the state and managed by the competent department of river embankments.
The local city (prefecture) and county people's governments shall delimit dikes in accordance with the following provisions:
One, Xijiang River, Beijiang River, Dongjiang River, Hanjiang River and other important towns defended by rivers and seas or farmland of more than 50,000 mu, all from the foot of the internal and external slopes, from 30 meters to 50 meters on each side;
Two, to defend ten thousand to fifty thousand acres of farmland dikes, from the foot of the slope inside and outside each from twenty meters to thirty meters;
Three, ten thousand acres of farmland dike security, the county (city) people's government according to the actual needs.
Embankments and dangerous sections that fail to meet the design standards should be widened appropriately.
Eleventh where the use of dikes to build roads, must be approved by the local river embankment department. The traffic administrative departments or users shall be responsible for the pavement laying, maintenance and repair of dikes, as well as the materials and equipment needed for resurfacing the pavement due to the improvement of flood control standards. Build a leap
The road at the top of the embankment must be filled with ramps separately, and the top of the embankment cannot be dug low, leaving a lack of roads.
Article 12 Where it is really necessary to break dikes to build culverts, pumping stations, traffic gates, buried pipelines or other engineering facilities due to production and construction, an engineering design scheme shall be put forward, which shall be approved by the local department in charge of river embankments and reported to the department in charge of river embankments at the next higher level before construction. The construction applicant shall carry out the construction in accordance with the approved engineering design scheme, complete it on schedule, and submit it for acceptance. Do not meet the safety requirements, the original construction unit must be responsible for reinforcement, reconstruction or plugging, abandoned should be removed and backfilled.
Thirteenth in order to ensure the safety of dikes on both sides of the river, all high-speed catamarans and other high-horsepower, wave-damaged ships in the inland river of this province should slow down when passing through dangerous dike sections.
The competent department of river dikes shall, jointly with the administrative department of communications, set up speed limit signs in the river sections where the speed limit must be set according to the specific conditions of dikes and beaches.
Fourteenth all farmland (including farmers' plots) and agricultural, industrial and commercial enterprises that are directly defended by river embankments shall pay embankment protection fees to the river embankment management department every year.
The charging standards and measures shall be formulated by the provincial people's government.
Fifteenth units and individuals that have made remarkable achievements in the exemplary implementation and maintenance of these regulations, or units and individuals that have made important contributions to the fight against illegal acts, shall be commended and rewarded by the people's governments at all levels or the competent departments of river embankments.
Sixteenth in violation of these regulations, hinder the work of river embankment management personnel, according to different situations, according to the following provisions:
A, unauthorized construction of engineering facilities in rivers, beaches, dikes or berms, and in violation of the provisions of reclamation, planting, according to the principle of "whoever sets up obstacles, whoever clears obstacles", the original construction unit or its owner shall dismantle and clean up within a time limit.
Two, in the river, the beach dumping slag, slag, coal ash, mud, masonry, gravel, ceramic debris, garbage, by the original dumping units or individuals within a time limit.
Third, digging holes, piling up soil, sand, stone, coal and other sundries in rivers and beaches, or digging holes, digging holes, burying, shoveling turf, ditching in dykes and berms, or driving iron wheels, wooden wheels and heavy vehicles on dikes, and digging the top of dikes to open to traffic without authorization, thus causing damage to dikes and river revetment works, the units or individuals that have caused the damage shall be responsible for repairing, and
Four, the ship in the speed limit river, the person in charge of the ship and the person directly responsible shall be fined or given administrative sanctions; If damage is caused to dikes and revetment works on both sides of the river, it shall also be ordered to compensate the restoration project costs and some or all of the losses caused according to the degree of damage and the responsibilities it should bear.
Five, unauthorized opening and closing of floodgates on flood-proof and moistureproof dikes, misappropriation, theft of flood control materials and equipment, damage to flood control stations, warehouses, communications, lighting, observation equipment and various surveying markers and other flood control management facilities, should be based on the degree of loss, should also be based on the seriousness of the case, were given a fine, administrative sanctions, until criminal responsibility shall be investigated according to law.
In addition to ordering the parties to be responsible for dismantling, cleaning up, repairing (or compensating for expenses) and compensating for losses, their illegal income may be confiscated according to the seriousness of the case.
And impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
Seventeenth river embankment management departments at all levels and their staff must be exemplary in the implementation of these regulations. In violation of this Ordinance, dereliction of duty, fraud, false reporting, tampering with information, illegal operation, causing losses to public property, the interests of the state and the people, the person in charge of the management unit and the person directly responsible shall be given administrative sanctions or economic penalties; If the violation of the criminal law constitutes a crime, criminal responsibility shall be investigated by judicial organs according to law.
Article 18 Whoever refuses to implement these Regulations, obstructs river embankment managers from performing their duties according to law by violence or threats, or destroys river embankment engineering facilities, or disobeys flood control dispatching orders, thus causing major accidents, shall be dealt with by public security and judicial organs according to law.
Nineteenth in violation of these regulations, the parties shall be ordered to dismantle, clean up, repair and compensation, fines and other penalties, which shall be decided by the local river embankment authorities at or above the county level.
If a party refuses to accept the decision on administrative punishment, it may, within fifteen days from the date of receiving the notice of punishment, apply for reconsideration to the organ at the next higher level of the organ that made the decision on punishment; If you are not satisfied with the reconsideration decision, you can bring a lawsuit to the people's court within 15 days from the date of receiving the reconsideration decision. The parties may also bring a suit directly to the people's court within 15 days from the date of receiving the penalty notice. If a party fails to apply for reconsideration or bring a suit in a people's court within the time limit, and fails to perform the punishment decision, the organ that made the punishment decision shall apply to the people's court for compulsory execution.
Article 20 Economic compensation or fines paid by enterprises, institutions and administrative organs owned by the whole people shall be paid from the retained profits, enterprise funds, fund lump-sum balances and other funds of their own units, and shall not be spread into production costs or capital construction investment, and shall not be included in non-operating expenses, and profits and taxes payable shall not be reduced due to economic compensation or fines. Fines imposed on individuals shall be borne by individuals.
Article 21 A party who is fined in violation of these Regulations shall pay the fine at the designated bank within 15 days after receiving the penalty decision. Banks that receive fines shall regularly turn them over to the state treasury. The specific collection measures shall be formulated by the provincial administrative department in conjunction with the Provincial Department of Finance and the Guangdong Branch of the People's Bank of China.
Article 22. The person in charge of the unit and the person directly responsible shall be given administrative sanctions, and the opinions shall be put forward by the local department in charge of river embankments, and reported to the people's government at or above the county level for approval and implementation in accordance with the management authority of cadres and workers.
Article 23 These Regulations shall come into force as of the date of promulgation. In the past, the relevant provisions and regulations promulgated by the province, which are inconsistent with these provisions, shall prevail. The relevant departments of the province should clean up the previously issued management regulations and report to the original issuing authority for abolition or revision.
Chang [2065438+02] No.2 (source)
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