Waterway Law of the People's Republic of China (Amended in 2016)
Waterway Law of the People's Republic of China (Amended in 2016)
Waterway Law of the People's Republic of China (Revised in 2016)
Order of the President of the People's Republic of China No.48
July 2, 2016
(Adopted at the 12th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on December 28, 2014, and amended according to the Decision on Revising Six Laws including the Energy Conservation Law of the People's Republic of China passed at the 21st meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on July 2, 2016)
Table of Contents
Chapter I General Provisions
Chapter II Waterway Planning
Chapter III Waterway Construction
Chapter IV Waterway Maintenance
Chapter V Waterway Protection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 The Waterway Law of the People's Republic of China (hereinafter referred to as the "Law") is formulated with a view to regulating and strengthening waterway planning, construction, maintenance and protection, ensuring smooth and safe waterway passage, and promoting the development of waterway transport.
Article 2 For the purpose of the Law, waterways refer to passages in rivers, lakes and other inland waters within the territory of the People's Republic of China that can be used for ship navigation, as well as passages in inland seas and territorial waters developed and maintained for ship navigation. Waterways include structures built for ship navigation, structures for waterway corrections, navigation marks and other waterway facilities.
Article 3 Waterway planning, construction, maintenance and protection shall be carried out on the basis of the needs of economic and social development and national defense, under the principles of comprehensive utilization and protection of water resources and biological resources, in line with the overall arrangements for the development of an integrated transportation system and flood control, and also in light of the needs for water supply, irrigation, power generation, and fishing, in order to bring about the comprehensive benefits from water resources.
Article 4 The State Council and local people's governments at county level or above shall strengthen the leadership of the waterway work, and organize, coordinate, and urge the relevant authorities to take measures to maintain and improve navigation conditions, protection navigation safety, and maintain the integrity and smooth passage of waterway networks.
The State Council and local people's governments at county level or above shall allocate rationally the waterway construction and maintenance funds in the fiscal budgets based on economic and social development as well as the needs for waterway construction and maintenance.
Article 5 The competent transport department under the State Council shall take charge of the waterway administration nationwide, and manage directly, in accordance with the regulations of the State Council, important trunk waterways running across provinces, autonomous regions, or municipalities directly under the Central Government and important waterways such as international and cross-border river waterways.
The competent transport authorities under the local people's governments at county level or above shall take charge of the administration over waterways within their respective jurisdictions in accordance with the regulations set forth by the people's governments of the provinces, autonomous regions, or municipalities directly under the Central Government.
The waterway administration work specified in this Law shall be under the charge of the bodies responsible for waterway administration set up by the competent transport department under the State Council pursuant to the regulations of the State Council as well as the departments or bodies responsible for waterway administration under the local people's governments at county level or above (hereinafter collectively referred to as the "waterway administration authorities").
Chapter II Waterway Planning
Article 6 Waterway plans include national waterway plans, river basin waterway plans, regional waterway plans, and waterway plans at the level of a province, autonomous region or municipality directly under the Central Government.
A waterway plan shall cover waterways' function positioning, purpose, technical class of planned development, implementation steps, safeguard measures and other contents.
Waterway plans shall be in line with the comprehensive river basin and regional plans drafted in accordance with the law as well as water resource plans, flood control plans, or sea function zoning, and shall be coordinated with the relevant special plans relating to comprehensive use of water resources, urban-rural plans, environmental protection plans and other relevant plans drafted in accordance with the law, as well as the area zoning for protection of military facilities.
Article 7 Waterways shall be classified by technical class in terms of its current status and planned development. The technical class of planned development of a waterway shall be rated on the basis of the relevant natural conditions, requirements for flood control, water supply, water resource protection, and biological environment protection, navigation development needs, and other factors.
Article 8 The national waterway plan shall be drafted by the competent transport department under the State Council, together with the development and reform department under the State Council and the competent water administration department under the State Council, and reported to the State Council for approval. The river basin waterway plans and regional waterway plans shall be drafted and promulgated by the competent transport department under the State Council.
The waterway plan of a province, autonomous region, or municipality directly under the Central Government shall be drafted by the competent transport authority under the local people's government, together with the development and reform departments and water administration departments at the same level, and shall be submitted to be approved and issued by the people's governments of the province, autonomous region, or municipality directly under the Central Government along with the competent transport department under the State Council.
For drafting a waterway plan, the opinions of the relevant departments and military bodies shall be sought and an environmental impact assessment shall be conducted as required by law.
......
Order of the President of the People's Republic of China No.48
July 2, 2016
(Adopted at the 12th meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on December 28, 2014, and amended according to the Decision on Revising Six Laws including the Energy Conservation Law of the People's Republic of China passed at the 21st meeting of the Standing Committee of the 12th National People's Congress of the People's Republic of China on July 2, 2016)
Table of Contents
Chapter I General Provisions
Chapter II Waterway Planning
Chapter III Waterway Construction
Chapter IV Waterway Maintenance
Chapter V Waterway Protection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 The Waterway Law of the People's Republic of China (hereinafter referred to as the "Law") is formulated with a view to regulating and strengthening waterway planning, construction, maintenance and protection, ensuring smooth and safe waterway passage, and promoting the development of waterway transport.
Article 2 For the purpose of the Law, waterways refer to passages in rivers, lakes and other inland waters within the territory of the People's Republic of China that can be used for ship navigation, as well as passages in inland seas and territorial waters developed and maintained for ship navigation. Waterways include structures built for ship navigation, structures for waterway corrections, navigation marks and other waterway facilities.
Article 3 Waterway planning, construction, maintenance and protection shall be carried out on the basis of the needs of economic and social development and national defense, under the principles of comprehensive utilization and protection of water resources and biological resources, in line with the overall arrangements for the development of an integrated transportation system and flood control, and also in light of the needs for water supply, irrigation, power generation, and fishing, in order to bring about the comprehensive benefits from water resources.
Article 4 The State Council and local people's governments at county level or above shall strengthen the leadership of the waterway work, and organize, coordinate, and urge the relevant authorities to take measures to maintain and improve navigation conditions, protection navigation safety, and maintain the integrity and smooth passage of waterway networks.
The State Council and local people's governments at county level or above shall allocate rationally the waterway construction and maintenance funds in the fiscal budgets based on economic and social development as well as the needs for waterway construction and maintenance.
Article 5 The competent transport department under the State Council shall take charge of the waterway administration nationwide, and manage directly, in accordance with the regulations of the State Council, important trunk waterways running across provinces, autonomous regions, or municipalities directly under the Central Government and important waterways such as international and cross-border river waterways.
The competent transport authorities under the local people's governments at county level or above shall take charge of the administration over waterways within their respective jurisdictions in accordance with the regulations set forth by the people's governments of the provinces, autonomous regions, or municipalities directly under the Central Government.
The waterway administration work specified in this Law shall be under the charge of the bodies responsible for waterway administration set up by the competent transport department under the State Council pursuant to the regulations of the State Council as well as the departments or bodies responsible for waterway administration under the local people's governments at county level or above (hereinafter collectively referred to as the "waterway administration authorities").
Chapter II Waterway Planning
Article 6 Waterway plans include national waterway plans, river basin waterway plans, regional waterway plans, and waterway plans at the level of a province, autonomous region or municipality directly under the Central Government.
A waterway plan shall cover waterways' function positioning, purpose, technical class of planned development, implementation steps, safeguard measures and other contents.
Waterway plans shall be in line with the comprehensive river basin and regional plans drafted in accordance with the law as well as water resource plans, flood control plans, or sea function zoning, and shall be coordinated with the relevant special plans relating to comprehensive use of water resources, urban-rural plans, environmental protection plans and other relevant plans drafted in accordance with the law, as well as the area zoning for protection of military facilities.
Article 7 Waterways shall be classified by technical class in terms of its current status and planned development. The technical class of planned development of a waterway shall be rated on the basis of the relevant natural conditions, requirements for flood control, water supply, water resource protection, and biological environment protection, navigation development needs, and other factors.
Article 8 The national waterway plan shall be drafted by the competent transport department under the State Council, together with the development and reform department under the State Council and the competent water administration department under the State Council, and reported to the State Council for approval. The river basin waterway plans and regional waterway plans shall be drafted and promulgated by the competent transport department under the State Council.
The waterway plan of a province, autonomous region, or municipality directly under the Central Government shall be drafted by the competent transport authority under the local people's government, together with the development and reform departments and water administration departments at the same level, and shall be submitted to be approved and issued by the people's governments of the province, autonomous region, or municipality directly under the Central Government along with the competent transport department under the State Council.
For drafting a waterway plan, the opinions of the relevant departments and military bodies shall be sought and an environmental impact assessment shall be conducted as required by law.
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