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Implementation Regulations of the Ordinances on Waterway Management in Wuxi (No. 147 Decree, the Wuxi Municipal People's Government)
Release time:2014-10-28 Browse:
 

The Implementation Regulations of the Ordinances on Waterway Management in Wuxi has been deliberated and passed at the 32nd Executive Meeting of the Wuxi Municipal People's Government on September 2, 2014, are now issued and will be implemented from November 1, 2014.

Wang Quan, Mayor of Wuxi

September 16, 2014

Implementation Regulations of the Ordinances on Waterway Management in Wuxi

Article 1 These regulations were formulated according to the Ordinances on Waterway Management in Wuxi (hereinafter referred to as the Ordinances).

Article 2 The planning, construction, maintenance and management of inland waterways except the Yangtze River in the municipal administrative areas and other activities related to navigation shall comply with the Ordinances and these regulations.

Article 3 The compilation of municipal waterway planning shall be based on the urban waterway network planning and the municipal (county) waterway network planning.

The urban waterway network planning shall be compiled by the municipal competent department of transportation along with the municipal departments of urban-rural planning, water conservancy and land and resources, be demonstrated by the provincial competent department of transportation and experts, and then be submitted to the municipal people’s government for approval.

The municipal (county) waterway network planning shall be complied by the municipal (county) competent departments of transportation along with the departments of urban-rural planning, water conservancy and land and resources at the same level, be demonstrated by the municipal competent department of transportation and experts, and then be submitted to the people's governments at the same level for approval.

Article 4 The waterways in the municipal waterway planning whose planning grades are higher than existing ones shall be implemented the control line system of waterway planning.

For the waterway planning in which control lines have not been delimited, their standard waterways shall be controlled within the range of 20 meters from both sides of waterway coastline, and their substandard waterways within the range of 10 meters from both sides of waterway coastline. The specific control ranges shall be determined according to waterway planning by the municipal competent department of transportation along with the municipal departments of urban-rural planning, water conservancy and land and resources.

The determination of waterway planning control scopes shall abide by the principles of respect for current situations, land saving and effective protection.

Article 5 Except necessary water conservancy engineering facilities, permanent constructed and structured buildings or other facilities shall not be built within the range of waterway planning control; and the planning and construction of temporary constructed and structured buildings or other facilities shall not violate related regulations on waterway protection.

Article 6 In case that waterways' grade adjustment or waterways' navigation function alternation occur, the municipal competent department of transportation shall organize argumentation and report them for approval according to regulations.

Article 7 The municipal, municipal (county) and district people's governments shall make overall arrangement according to the general land use planning for the land needed for newly built, renovated and expanded waterway engineering.

The people's governments at all levels along waterways shall perform their responsibilities in land expropriation and personnel placement in waterway engineering construction.

Article 8 The municipal, municipal (county) and district people's governments and related departments shall make overall arrangement on engineering construction of waterway, water conservancy and civil affairs, reinforce project coordination and improve efficiency of comprehensive fund use.

Article 9 Waterway management organizations shall formulate waterway maintenance plans, fulfill waterway management responsibilities, and protect and manage waterways according to the principles of handling emergencies first in order to ensure waterway security and smoothness.

The waterway protection ranges and maintenance standards shall be publicized to society after being approved according to regulations.

Article 10 Specialized waterways and auxiliary facilities shall be managed and protected by specialized units and accept instruction from waterway management organizations in terms of business.

Tourism waterways determined in waterway network planning shall be managed referring to specialized waterways and their navigation technology criteria shall be otherwise formulated by the municipal and municipal (county) competent departments of transportation along with the departments of urban-rural planning, tourism and water conservancy at the same level.

Article 11 Using units shall take charge of the dredging and maintenance of dwarfs, front edges of delivery sites and nearby water areas.

Compensation shall be given according to regulations for low sludge, facility damage or other harm to waterways because of waterway use.

Article 12 The following materials shall be handed in when applying for deliberating construction drawing and plans to the administrative organizations of waterways in order to construct or establish navigation-related facilities regulated in Item 1 of Article 22 in the Ordinances:

(i) Application forms;

(ii) Project permission documents;

(iii) Horizontal layout drawing of facilities and horizontal drawing of waterways;

(iv) Section drawing and vertical drawing of facilities;

(v) Cross-section drawing of waterways where facilities lie;

(vi) Security guarantee measures for waterways and facilities and plans for normal passage of waterways during the construction period;

(vii) Other materials stipulated in laws, regulations and rules.

Article 13 The competent department of engineering establishment shall seek advice from the competent department of transportation at the same level when deliberating the construction of new bridges above waterways.

Article 14 In case that pier columns do need to be set up in water during road construction, the net width of navigation holes shall not be less than the planned waterway width, and bridge culvert marks and pier column anti-collision protection facilities shall be set up.

The establishment of bridge culvert marks and pier column anti-collision protection facilities shall be simultaneously designed, constructed, examined and accepted with bridge construction and the funds needed shall be included into engineering budgets.

Bridge culvert marks and pier column anti-collision protection facilities shall be managed and maintained by their owning units.

Article 15 The top depth of river bottom pipes and cables on waterways shall conform to the following regulations:

(i) Waterways above the 5th grade shall be not less than 2 meters below the designed river bottom standard height;

(ii) Waterways above the 6th grade shall be not less than 1 meter below the designed river bottom standard height;

The actual river bottom standard height shall prevail in case that it is lower than the designed one.

Article 16 Dwarf establishment on both sides of waterways shall comply with national and industrial standards and specifications, and the minimum distances between the front edges of dwarfs and waterway central lines shall be determined according to waterway grades and dock functions.

The minimum distances between the front edges of dwarfs and waterway central lines of the dwarfs used for ship berthing and delivery shall be determined according to the following regulations:

(i) Waterways at the 3rd level shall be not less than 70 meters;

(ii) Waterways at the 4th level shall be not less than 60 meters;

(iii) Waterways at the 5th level shall be not less than 50 meters;

(iv)Waterways below the 5th level shall be not less than 5 times the designed ship type width.

Dimensions of turn-around water areas and berthing anchorages shall be established with factors including ship tonnage and port ship traffic volume taken into consideration in case that functions including aquatic operation and turn-around need to be added to the front edges of dwarfs.

The establishment criteria of tourism waterway dwarfs shall be otherwise regulated by the municipal competent department of transportation.

Article 17 Greening and landscape construction shall be carried out on both sides of waterways according to the principle of adjusting measures to local conditions and the units taking charge of management and maintenance shall be determined according to ownership.

Article 18 The competent administrative department of city management shall seek advice from the administrative organizations of fairway and waterway before giving disposal permission in case that development units declare plans on construction waste, engineering residue and engineering mud generation and handling before construction engineering is started.

Article 19 Water transport business units that engage in slurry transportation shall sign agreements on fairway use and management and meet the following conditions:

(i) Having water transport business licensing qualification;

(ii) Having the ships used for mud water transport business with over 300 tons of checked payload, enclosed boat bottoms and the instruments that can record driving routes and mud delivery abiding by related national regulations and technical standards and requirements;

(iii) Having mud absorption places adapting to business scales;

(iv) Being equipped with full-time operation and security management personnel, and having the complete system of safe production and practitioner management and the system of supervision and examination.

The units that engage in mud water transport business shall reinforce the supervision and management of mud delivery and transportation.

Article 20 People that engage in mud water transport shall abide by the regulations on water traffic safety management, obey navigation safety supervision and management and not do the following behaviors:

(i) Discharging mud into fairways;

(ii) Using open-base mud barges arbitrarily;

(iii) Damaging, dismantling and closing driving and delivery recording instruments or adopting other ways to result in their abnormal use;

(iv) Other behaviors forbidden by laws, regulations and rules.

Article 21 The following ships may pass the sluices with priority:

(i) Emergent supplies transport ships for disaster relief, succor, flood prevention and fight against draught;

(ii) Specially needed and emergent military supplies and equipment ships;

(iii) Urgently needed power-generating coal transport ships;

(iv) Fresh and live goods transport ships;

(v) Other ships stipulated in laws, regulations and rules.

The ships that need to pass sluices with priority shall initiatively offer related proof and obey dispatch and command of sluice management units.

Article 22 Transport ships and transfinite ships carrying dangerous articles shall park in the designated places and be released separately.

Article 23 Owners and managing units shall timely take measures to clear obstacles that obstruct fairway passage including river-crossing or riverfront buildings and trees.

Article 24 People who damage, dismantle and close driving and delivery recording instruments or adopting other ways to result in their abnormal use in violation of Item 3 of Article 20 in these regulations shall be ordered to make correction within time limits by the administrative organizations of fairways and fined less than RMB 10 thousand.

Article 25 People who do not timely clear obstacles in violation of Article 23 in these regulations shall be ordered to make correction within time limits by the administrative organizations of fairways; otherwise, the administrative organizations of fairways may clear obstacles for them according to the Administrative Compulsory Law of the People's Republic of China and fine them from RMB 1 thousand to RMB 5 thousand.

Article 26 The regulations shall come into force from November 1, 2014. The Measures on Fairway Management in Wuxi (No. 6 Decree, the Wuxi Municipal People's Government) issued by the Wuxi Municipal People's Government on May 9, 1992 shall be simultaneously abolished.


 

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