2. The people's governments at or above the county level shall strengthen their leadership over the protection of water areas and take measures to ensure that the water areas within their administrative areas are not reduced and their functions are not weakened.
3. The water administrative department of the people's government at or above the county level shall be responsible for the protection of waters within their respective administrative areas, and other relevant departments, township (town) people's governments and sub-district offices shall do a good job in the protection of waters according to their respective duties.
4. The water administrative department of the people's government at or above the county level shall, jointly with relevant departments, organize the preparation of water source protection plans, and after consulting the water administrative department at a higher level, report to the people's government at the same level for approval and promulgation.
5. Water source protection planning should be connected with the overall land use planning, the overall urban planning, the overall county (city) planning and the planning of ecological environment functional areas.
6. Once the water source protection plan is approved, it must be strictly implemented; If it is really necessary to modify it, it shall be reported to the original approval authority for approval in accordance with the planning procedures.
7. The following waters are important waters and should be specially protected:
(a) the waters in the drinking water source protection area;
(two) the core scenic areas of national and provincial scenic spots and nature reserves above the provincial level;
(3) flood storage and detention areas;
(four) provincial and municipal rivers and other flood drainage backbone rivers;
(5) Reservoirs with a total storage capacity of 65,438+10,000 cubic meters or more;
(6) Lakes with an area of more than 500,000 square meters;
(7) waters in other environmentally sensitive areas.
8. The list of important waters shall be determined by the water administrative department of the people's government at or above the county level in conjunction with the relevant departments of ecological environment in accordance with the management authority and reported to the people's government at the same level for publication. The published list of important waters shall specify the name, location, type, scope, area and main functions of the waters.
9. Non-infrastructure construction projects are not allowed to occupy important waters. Infrastructure construction projects are generally not allowed to occupy important waters; If the infrastructure construction projects such as energy, transportation and water conservancy organized and implemented by the government really need to occupy important waters, the examination and approval procedures shall be handled in accordance with the relevant provisions.
10. Construction projects occupying water areas shall conform to the water area protection plan and relevant technical standards and specifications, and shall not endanger the safety of dikes, affect the stability of river regime, hinder the smooth flow of flood discharge and destroy the ecological environment.
Where a construction project occupies waters, it shall take functional remedial measures or build equivalent alternative water projects according to the area, volume and function of the occupied waters.
1 1. Functional remedial measures or equivalent alternative waters shall be implemented and accepted at the same time as the construction project, and the expenses shall be included in the project budget of the construction project.
The equivalent alternative water area project should be built in the county (city, district) in principle. The construction unit can build equivalent water substitution project by itself, or entrust a unit with corresponding conditions to build it on its behalf.
12. If the construction project occupies waters, when the construction unit handles the examination and approval of the project construction scheme according to the Flood Control Law of People's Republic of China (PRC), the Regulations on River Management in Zhejiang Province and the Regulations on Safety Management of Water Conservancy Projects in Zhejiang Province, the water administrative department shall demonstrate the balance between water occupation and compensation for functional remedial measures or equivalent alternative waters.
The construction unit shall, in strict accordance with the approved project construction plan, take functional remedial measures or build equivalent alternative water source projects.
13. If it is really necessary to adjust the waters due to the reconstruction of urban built-up areas and the construction of economic and technological development zones, high-tech parks, tourist resorts, characteristic towns, industrial parks, etc., the relevant management agencies shall formulate regional water adjustment plans according to the control indicators and protection measures determined in the water protection plan.
The regional water adjustment scheme shall be scientifically demonstrated, audited by the water administrative department of the city or county (city or district) with districts, and reported to the people's government at the same level for approval.
If the relevant management agencies organize the implementation according to the regional water adjustment plan, the construction projects within the regional scope will no longer go through the relevant procedures such as water balance.
14. The following acts of encroaching on reservoir waters are prohibited:
(a) the use of docks and other water facilities to occupy the waters of the reservoir to engage in business activities such as catering and entertainment;
(two) to carry out construction activities that endanger flood control, water supply, water resources protection, hydropower generation, irrigation, etc. Below the design flood level of the reservoir;
(three) the construction of residential, commercial, office, factory and other buildings and structures unrelated to reservoir protection and water project operation and management below the reservoir resettlement line.
15. The provincial administrative department shall establish a unified water information management system. The water administrative department of the people's government at or above the county level shall input the name, location, type, scope, area and main functions of the waters into the water information management system, and regularly monitor and evaluate the area, function and utilization of the waters.
16. The water administrative department of the people's government at or above the county level shall, jointly with relevant departments, make regular health assessments on the water quality, hydrology, aquatic organisms, sediments and the development and utilization of water resources in the waters within their respective administrative areas, and put forward measures to maintain and improve the water health.
17. The water administrative department of the people's government at or above the county level shall strengthen the supervision and inspection of the activities of occupying water areas. The units or individuals under inspection shall cooperate with the water administrative department in the supervision and inspection carried out according to law, truthfully provide relevant information and materials, and shall not refuse, obstruct, conceal or falsely report relevant information and materials.
18. The city and county river (lake) chiefs are responsible for coordinating and urging the relevant competent departments to formulate the management and protection plans for the responsible waters, promoting the convergence and unification of the relevant planning for the waters, urging the relevant competent departments to deal with and solve the problems existing in the responsible waters, and investigating relevant illegal acts according to law.
Township and village river (lake) chiefs should strengthen inspections of responsible waters, promptly discourage illegal activities such as occupying waters, and perform reporting duties.
19. The people's governments at or above the county level and their relevant departments shall take measures to encourage scientific research on water conservation, publicize water conservation, and enhance public awareness of water conservation.
20. The water administrative department of the people's government at or above the county level may report the illegal occupation of waters and the rectification, and report to the people's government at the corresponding level and the water administrative department at a higher level in time when encountering major problems.
2 1. The people's governments at or above the county level shall incorporate the indicators such as the basic water surface ratio determined in the water protection plan into the assessment content of the ecological construction and river (lake) length system of the local people's government, and into the audit scope of natural resources assets of leading cadres.
22 in violation of the provisions of these measures, laws and regulations have legal liability provisions, from its provisions.
23 people's governments at or above the county level and their relevant departments in violation of the provisions of these measures, one of the following acts, the people's government at a higher level or the relevant competent departments shall be ordered to make corrections according to their functions and powers; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be punished according to law:
(a) failing to compile or modify the water source protection plan according to law;
(2) Failing to publish the list of important waters according to law;
(3) Failing to implement soil and water conservation measures as planned;
(four) rectification of illegal occupation of waters.
24. In violation of the provisions of Article 13 of these measures, if the construction unit fails to take functional remedial measures or build equivalent alternative water projects in accordance with the provisions, the water administrative department of the people's government at or above the county level shall order it to make corrections within a time limit and may impose a fine of 6,543,800 yuan or more and 6,543,800 yuan or less.
25 in violation of the provisions of article fifteenth of these measures, the water administrative department of the people's government at or above the county level shall order it to stop the illegal act and make corrections within a time limit; If it fails to make corrections within the time limit, it will be fined 6,543,800 yuan and 50,000 yuan.
26. The meanings of the following terms in these Measures:
(1) Embezzlement refers to the act of burying, covering, crossing or crossing a water area, reducing the water area or affecting its function.
(2) Basic water surface ratio refers to the minimum ratio of water area to land area determined in a certain area without reducing the current water area and meeting the requirements of economic and social development for flood control and drainage, water resources utilization, landscape and ecological protection.
(3) Equivalent alternative water area project refers to a newly-built water conservancy project in which the water area is seriously reduced or the water function is seriously reduced due to the occupation of water areas by construction projects and their facilities.
(4) Functional remedial measures refer to compensatory engineering measures such as water conservancy project repair, reinforcement and dredging. , it has little influence on the area, volume and function of water occupied by construction projects.
Legal basis:
Measures of Zhejiang Province for the Protection of Waters
Article 1 In order to strengthen the protection of water areas, maintain and give full play to the functions of flood control, drainage, water storage, water supply and ecological environment of water areas, these measures are formulated in accordance with the provisions of People's Republic of China (PRC) Water Law, People's Republic of China (PRC) Flood Control Law, Zhejiang River Management Regulations, Zhejiang Water Conservancy Project Safety Management Regulations and other laws and regulations, combined with the actual situation of this province.
Article 2 The waters mentioned in these Measures refer to rivers, streams, lakes, artificial waterways, flood discharge areas, flood storage and detention areas, reservoirs, mountain ponds and their management scope, excluding sea areas and fish ponds excavated on cultivated land.