Flood Prevention Law of the People's Republic of China
Flood Prevention Law of the People's Republic of China
Flood Prevention Law of the People's Republic of China
(Adopted at the 27th Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1997, promulgated by Order of the President [1997] No. 88 and effective as of January 1, 1998 )
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of controlling floods, guarding against and mitigating damage done by floods and water-logging, preserving the safety of people's lives and property, and ensuring the socialist modernization drive.
Article 2 In flood prevention the principles of comprehensive planning, overall consideration, prevention first, all-purpose harnessing, and the interests of the part being subordinate to the interests of the whole shall be followed,
Article 3 The construction of projects and facilities for flood prevention shall be incorporated into the national economic and social development plans.
The funds for flood prevention shall be raised in accordance with the principle of combining government investment with rational contributions by beneficiaries.
Article 4 Water resources shall be developed, utilized and protected in conformity with the overall arrangement for flood prevention and in adherence to the principle of deriving benefits being combined with eliminating damage.
Rivers and lakes shall be harnessed and projects and facilities for flood prevention shall be built in conformity with the comprehensive plans for river basins and in combination with the all-purpose development of the water resources in the river basins.
For the purposes of this Law, comprehensive plans mean the comprehensive plans for the development and utilization of water resources and for controlling floods.
Article 5 Flood prevention shall be carried out under unified planning and implementation at different levels on the basis of river basins or administrative regions and under a system whereby the management of river basins shall be combined with the management of administrative regions.
Article 6 Every unit and individual has the obligation to protect the projects and facilities for flood prevention and join, in accordance with law, in efforts to control and fight floods.
Article 7 The people's governments at various levels shall strengthen the unified leadership over flood prevention, organize relevant departments and units, mobilize the general public, rely on the achievements in science and technology, harness rivers and lakes in a planned way, adopt measures to reinforce the projects and facilities for flood prevention, consolidate and increase the flood prevention capacity.
The people's governments at various levels shall organize relevant departments and units and mobilize the general public to achieve successes in flood prevention and flood fighting and to make good arrangement for rehabilitation and relief after flood and water-logging disaster.
The people's governments at various levels shall give support and help to the flood storage and detention basins, giving them compensation or relief in accordance with the regulations of the State, after flood storage and detention.
Article 8 Under the direction of the State Council, the water administration department under the State Council shall be in charge of the day-to-day work in the way of organizing and coordinating efforts for exercising supervision over and giving guidance to flood prevention throughout the country. The river basin authorities set up for the major rivers and lakes, designated as such by the State, by the water administration department under the State Council shall, within the areas under their jurisdiction, exercise the functions and duties of coordinating the efforts for, exercising supervision over and administration of, flood prevention as provided for by laws and administrative rules and regulations and authorized by water administration department under the State Council.
The construction administration department under the State Council and other departments concerned shall, under the direction of the State Council, be in charge of the relevant work for flood prevention in conformity with their respective functions and duties.
The water administration departments of the local people's governments at or above the county level shall be in charge of the day-to-day work in the way of organizing and coordinating efforts for exercising supervision over and giving guidance to flood prevention within their administrative regions. The construction administration departments of the local people's governments at or above the county level and other departments concerned shall, under the direction of the people's governments at the corresponding levels, be in charge of the relevant work for flood prevention in conformity with their respective functions and duties.
Chapter II Plans for Flood prevention
Article 9 Plans for flood prevention mean the overall plans formulated for controlling flood and water-logging disasters in a given river basin, river section or region, including flood prevention plans for basins of the major rivers and lakes designated as such by the State, for other rivers, river sections and lakes and for regions.
A flood prevention plan shall be subordinate to the comprehensive plan for the given river basin or region. A flood prevention plan for a region shall be subordinate to the flood prevention plan for the given river basin.
A flood prevention plan shall provide the basis for the harnessing of rivers and lakes and for the building of projects and facilities for flood prevention.
Article 10 Flood prevention plans for the major rivers and lakes designated as such by the State shall be formulated, on the basis of the comprehensive plans for the basins of these rivers and lakes, by the water administration department under the State Council in conjunction with the relevant departments and the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government, and shall be submitted to the State Council for approval.
The flood prevention plans for other rivers, river sections and lakes or for regions shall be formulated separately on the basis of the comprehensive plans for river basins or for regions by the water administration departments of the local people's governments at or above the county level in conjunction with the relevant departments and authorities of the relevant regions, and shall be submitted to the people's governments at the corresponding levels for approval and to the water administration departments of the people's governments at the next higher level for the record. Flood prevention plans for rivers, river sections or lakes covering different provinces, autonomous regions or municipalities directly under the Central Government shall be drawn up by the river basin authorities concerned in conjunction with the water administration departments and the competent departments concerned of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government where the rivers, river sections or lakes are located. These plans shall, after examination and comment made respectively by the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government, be submitted to the water administration department under the State Council for approval.
An urban flood prevention plan shall be made by the water administration department, the construction administration department and other departments concerned under the mobilization of the municipal people's government, on the basis of the flood prevention plan for the river basin and the regional flood prevention plan of the people's government at the next higher level. Such plan, after being approved through the procedure for examination and approval prescribed by the State Council, shall be incorporated into the overall plan for the city.
Any modification to the flood prevention plan shall be submitted for approval to the organ that originally approved the plan.
Article 11 Flood prevention plans shall be made in adherence to the principles of ensuring safety of the vital places while taking into account the other places in general, combining flood prevention with drought fighting and engineering measures with non-engineering measures, giving full consideration to the regular pattern of flood and water-logging, the relationship between the upper and lower reaches and the left and right banks of rivers and the requirements of the national economy for flood prevention, and making these plans consistent with the national land plans and the overall plans for land use.
In flood prevention plans the objects to be protected, the objectives and tasks of harnessing, flood prevention measures and implementation programs shall be defined, the areas of flood basins, of flood storage and detention basins and the areas to be protected against floods shall be delimited, and the principles for the use of flood storage and detention basins shall be laid down.
Article 12 The local people's governments at or above the county level of coastal areas under the threat of storm tides shall include storm tide control in their flood prevention plans, build a strong system of projects for protection against storm tides, including sea-dikes(seawalls), tide-block sluices and shelter forests along the coast, and see to it that design and construction of buildings and structures meet the needs for protection against storm tides.
Article 13 The local people's governments at or above the county level of the areas where mountain torrents may cause landslide, collapse and mud-rock flow and of the areas where mountain torrents frequently occur shall mobilize the geology and mining administration departments, water administration departments and other departments concerned to make an overall investigation of the hidden dangers of landslide, collapse and mud-rock flow, delimit the key areas for prevention and control and take measures to prevent and control them.
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(Adopted at the 27th Meeting of the Standing Committee of the Eighth National People's Congress on August 29, 1997, promulgated by Order of the President [1997] No. 88 and effective as of January 1, 1998 )
Chapter I General Provisions
Article 1 This Law is enacted for the purpose of controlling floods, guarding against and mitigating damage done by floods and water-logging, preserving the safety of people's lives and property, and ensuring the socialist modernization drive.
Article 2 In flood prevention the principles of comprehensive planning, overall consideration, prevention first, all-purpose harnessing, and the interests of the part being subordinate to the interests of the whole shall be followed,
Article 3 The construction of projects and facilities for flood prevention shall be incorporated into the national economic and social development plans.
The funds for flood prevention shall be raised in accordance with the principle of combining government investment with rational contributions by beneficiaries.
Article 4 Water resources shall be developed, utilized and protected in conformity with the overall arrangement for flood prevention and in adherence to the principle of deriving benefits being combined with eliminating damage.
Rivers and lakes shall be harnessed and projects and facilities for flood prevention shall be built in conformity with the comprehensive plans for river basins and in combination with the all-purpose development of the water resources in the river basins.
For the purposes of this Law, comprehensive plans mean the comprehensive plans for the development and utilization of water resources and for controlling floods.
Article 5 Flood prevention shall be carried out under unified planning and implementation at different levels on the basis of river basins or administrative regions and under a system whereby the management of river basins shall be combined with the management of administrative regions.
Article 6 Every unit and individual has the obligation to protect the projects and facilities for flood prevention and join, in accordance with law, in efforts to control and fight floods.
Article 7 The people's governments at various levels shall strengthen the unified leadership over flood prevention, organize relevant departments and units, mobilize the general public, rely on the achievements in science and technology, harness rivers and lakes in a planned way, adopt measures to reinforce the projects and facilities for flood prevention, consolidate and increase the flood prevention capacity.
The people's governments at various levels shall organize relevant departments and units and mobilize the general public to achieve successes in flood prevention and flood fighting and to make good arrangement for rehabilitation and relief after flood and water-logging disaster.
The people's governments at various levels shall give support and help to the flood storage and detention basins, giving them compensation or relief in accordance with the regulations of the State, after flood storage and detention.
Article 8 Under the direction of the State Council, the water administration department under the State Council shall be in charge of the day-to-day work in the way of organizing and coordinating efforts for exercising supervision over and giving guidance to flood prevention throughout the country. The river basin authorities set up for the major rivers and lakes, designated as such by the State, by the water administration department under the State Council shall, within the areas under their jurisdiction, exercise the functions and duties of coordinating the efforts for, exercising supervision over and administration of, flood prevention as provided for by laws and administrative rules and regulations and authorized by water administration department under the State Council.
The construction administration department under the State Council and other departments concerned shall, under the direction of the State Council, be in charge of the relevant work for flood prevention in conformity with their respective functions and duties.
The water administration departments of the local people's governments at or above the county level shall be in charge of the day-to-day work in the way of organizing and coordinating efforts for exercising supervision over and giving guidance to flood prevention within their administrative regions. The construction administration departments of the local people's governments at or above the county level and other departments concerned shall, under the direction of the people's governments at the corresponding levels, be in charge of the relevant work for flood prevention in conformity with their respective functions and duties.
Chapter II Plans for Flood prevention
Article 9 Plans for flood prevention mean the overall plans formulated for controlling flood and water-logging disasters in a given river basin, river section or region, including flood prevention plans for basins of the major rivers and lakes designated as such by the State, for other rivers, river sections and lakes and for regions.
A flood prevention plan shall be subordinate to the comprehensive plan for the given river basin or region. A flood prevention plan for a region shall be subordinate to the flood prevention plan for the given river basin.
A flood prevention plan shall provide the basis for the harnessing of rivers and lakes and for the building of projects and facilities for flood prevention.
Article 10 Flood prevention plans for the major rivers and lakes designated as such by the State shall be formulated, on the basis of the comprehensive plans for the basins of these rivers and lakes, by the water administration department under the State Council in conjunction with the relevant departments and the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government, and shall be submitted to the State Council for approval.
The flood prevention plans for other rivers, river sections and lakes or for regions shall be formulated separately on the basis of the comprehensive plans for river basins or for regions by the water administration departments of the local people's governments at or above the county level in conjunction with the relevant departments and authorities of the relevant regions, and shall be submitted to the people's governments at the corresponding levels for approval and to the water administration departments of the people's governments at the next higher level for the record. Flood prevention plans for rivers, river sections or lakes covering different provinces, autonomous regions or municipalities directly under the Central Government shall be drawn up by the river basin authorities concerned in conjunction with the water administration departments and the competent departments concerned of the people's governments of the provinces, autonomous regions or municipalities directly under the Central Government where the rivers, river sections or lakes are located. These plans shall, after examination and comment made respectively by the people's governments of the relevant provinces, autonomous regions or municipalities directly under the Central Government, be submitted to the water administration department under the State Council for approval.
An urban flood prevention plan shall be made by the water administration department, the construction administration department and other departments concerned under the mobilization of the municipal people's government, on the basis of the flood prevention plan for the river basin and the regional flood prevention plan of the people's government at the next higher level. Such plan, after being approved through the procedure for examination and approval prescribed by the State Council, shall be incorporated into the overall plan for the city.
Any modification to the flood prevention plan shall be submitted for approval to the organ that originally approved the plan.
Article 11 Flood prevention plans shall be made in adherence to the principles of ensuring safety of the vital places while taking into account the other places in general, combining flood prevention with drought fighting and engineering measures with non-engineering measures, giving full consideration to the regular pattern of flood and water-logging, the relationship between the upper and lower reaches and the left and right banks of rivers and the requirements of the national economy for flood prevention, and making these plans consistent with the national land plans and the overall plans for land use.
In flood prevention plans the objects to be protected, the objectives and tasks of harnessing, flood prevention measures and implementation programs shall be defined, the areas of flood basins, of flood storage and detention basins and the areas to be protected against floods shall be delimited, and the principles for the use of flood storage and detention basins shall be laid down.
Article 12 The local people's governments at or above the county level of coastal areas under the threat of storm tides shall include storm tide control in their flood prevention plans, build a strong system of projects for protection against storm tides, including sea-dikes(seawalls), tide-block sluices and shelter forests along the coast, and see to it that design and construction of buildings and structures meet the needs for protection against storm tides.
Article 13 The local people's governments at or above the county level of the areas where mountain torrents may cause landslide, collapse and mud-rock flow and of the areas where mountain torrents frequently occur shall mobilize the geology and mining administration departments, water administration departments and other departments concerned to make an overall investigation of the hidden dangers of landslide, collapse and mud-rock flow, delimit the key areas for prevention and control and take measures to prevent and control them.
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