CIVIL

Shanghai Municipality Waterways Regulations-2020

Adopted at the 14th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on September 26, 2019)

Regulations of Shanghai Municipality on Waterways-10-09-2020

People’s Republic of China

Contents

Chapter I General Provisions

Chapter II Planning and Construction

Chapter III Maintenance and Protection

Chapter IV Regional Cooperation inthe YangtzeRiverDelta

Chapter V Legal Liability

Chapter VI Supplementary Provision

Chapter I General Provisions


Regulations of Shanghai Municipality on Waterways-10-09-2020

Article 1  with a view to ensuring an unimpeded waterway and a safety navigation, giving a full play to the basic role of waterways in water transportation, promoting the construction of Shanghai into an international shipping center, these Regulations are formulated in accordance with the Waterway Law of the People’s Republic of China and relevant laws and administrative regulations, and in light of the actual circumstances of this Municipality.

Article 2 These Regulations apply to the planning, construction, maintenance and protection of the waterways within the jurisdiction of this Municipality and the related supervision and administration activities thereof.

The waterways mentioned in these Regulations are divided into coastal waterways and inland waterways.

Article 3 The planning, construction, maintenance and protection of the waterways in this Municipality shall, according to the requirements of the economic and social development and the national defense construction, comply with the principle of comprehensively utilizing and protecting water resources and protecting ecological environment, enhance the regional cooperation in the Yangtze River Delta, and serve the construction of Shanghai into an international shipping center.

Article 4 The municipal transportation administrative department shall be in charge of the waterway administration in this Municipality and be responsible for organizing the implementation of these Regulations.

The municipal transportation administrative department and the transportation administrative departments of Pudong New Area, Minhang, Baoshan, Jiading, Jinshan, Songjiang, Fengxian, Qingpu and Chongming Districts (hereinafter referred to as the district transportation administrative departments) shall, according to their own respective functions and duties, be responsible for the administration of the waterways within their respective jurisdictions; the specific division of functions and duties shall be put forward by the municipal transportation administrative department jointly with relevant district people’s governments, and be promulgated and implemented after being submitted to and approved by the Municipal People’s Government.

Other relevant administrative departments of this Municipality shall, according to their own respective functions and duties, cooperate in the implementation of these Regulations.

The state maritime administration institution shall, according to the provisions of laws and administrative regulations, undertake relevant duties of the waterway administration.

Article 5

The waterway’s planning, construction, maintenance and protection shall adhere to the principle of the ecological environment protection first, determine the strength of the waterway development in a scientific and rational manner, reduce the impact on natural resources and water environment, and maintain the harmony and unity between navigation and ecosystem.

The waterway construction and maintenance shall take measures to control the environmental pollution according to law, and give priority to new technologies, materials, techniques and standards that comply with the requirements of green environment-friendliness.

Article 6 The municipal and district transportation administrative departments shall promote the construction of the informatization and intelligentization of the waterways, and adopt advanced technological means to build a system for the collection and analysis of such data as waterway beds, navigation marks, hydrology, ship flow, etc., and a public service platform, so as to raise the level of the navigation service and administration.

The municipal and district transportation administrative departments shall share such relevant data as waterways, hydrology, and meteorology with the water affairs and meteorology administrative departments.

Article 7 Waterways are the infrastructure with a public welfare nature. The municipal and district people’s governments shall, in the principle of expenditure responsibility compatible with financial power, rationally arrange the funds for waterway construction and maintenance in their fiscal budgets.

Article 8 Waterways are protected by law, and shall not be occupied or destroyed by any unit or individual.

Chapter II Planning and Construction

Article 9 The waterway planning of this Municipality shall be prepared by the municipal transportation administrative department jointly with relevant departments, be submitted to the Municipal People’s Government for approval jointly with the competent administrative department for transportation of the State Council, then be promulgated and included into the corresponding urban-rural planning.

Article 10 The waterway planning of this Municipality shall comply with the waterway planning of the State, the Yangtze River basin, and the Yangtze River Delta Region, and the comprehensive planning of relevant basins and regions.

The waterway planning of this Municipality shall comply with the water resource planning, flood control planning and marine functional areas’ division of this Municipality, and harmonize with the relevant professional planning concerning the water resource’s comprehensive utilization, and other relevant planning formulated according to law, such as the urban-rural planning, environmental protection planning, protection planning for drinking water source, and the area division for military installation’s protection.

Article 11 The preparation of waterway planning of this Municipality shall, based on the development planning of Shanghai international shipping center, promote the connection between the waterways in the Yangtze River Delta Region and the main port areas of this Municipality, improve the centralization and distribution system of water-water and water-rail transfer, and upgrade the operation capability of Shanghai as an international shipping hub.

Article 12 This Municipality shall adopt the control line system of inland waterway planning. The control line scheme of inland waterway planning shall be put forward by the municipal transportation administrative department jointly with the municipal water affairs administrative department, and be implemented upon approval by the municipal administrative department for planning and resources.

Article 13 As for the waterway construction projects of this Municipality, the development unit shall abide by relevant provisions of the State and this Municipality and organize the implementation thereof according to the construction procedures.

The designing and construction of waterway construction projects shall comply with the navigation standards, the technical norms of waterway and water conservancy construction and informatization, and abide by relevant provisions on ecological environment protection.

Article 14 The waterway construction shall comply with the safety requirements of flood control, and the opinions thereon of the water affairs administrative department shall be solicited by the municipal and district transportation administrative departments in advance; where coastal waterway construction is involved, the municipal and district transportation administrative departments shall solicit the opinions of the national maritime and marine affairs administrative institutions in advance.

Where river course regulation, sea area utilization and water project construction involve waterways, they shall comply with the requirements of the waterway planning and navigation standards, and the opinions thereon of the municipal and district transportation administrative departments shall be solicited in advance.

Article 15 The acquisition of land and sea for waterway construction shall be implemented according to relevant laws and regulations on land and sea administration.

Article 16 The municipal transportation administrative department shall, jointly with the municipal planning and resources administrative department, rationally lay out on-water service areas and waiting berths, and provide ships with such on-water public service as temporary berthing, shore power, material supply, and pollutant collection. The on-water service areas and waiting berths shall be included into the waterway planning of this Municipality.

The on-water service areas shall have the corresponding capacity for collecting ship pollutants and wastes and for pollution emergent treatment.The location selection shall comply with relevant requirements of the State and this Municipality on the control of ecological protection space.

Port operators are encouraged to provide on-water public service with their existing wharf facilities.

Article 17 Relevant units and individuals shall cooperate in such legal activities as survey, dredging, obstacle clearance, hydrological monitoring, and survey mark or navigation mark installation for the purpose of implementing the waterway construction and maintenance; where loss is caused to relevant units and individuals due to the implementation of the above mentioned activities, they shall be subsidized or compensated according to law.

Chapter III Maintenance and Protection

Article 18The municipal and district transportation administrative departments shall formulate the waterway maintenance plans, and organize the implementation thereof according to the requirements of waterway maintenance and technical norms, so as to ensure the waterways in a good technological status of navigation.

Article 19 The municipal and district transportation administrative departments shall conduct regular general surveys of the waterways within their jurisdictions, collect such basic data information of waterways as the operation of waterway facilities and change in waterway navigation conditions, and ensure the safety and smoothness of waterways by monitoring the change in the flow and type of ships passing the waterways.

The municipal and district transportation administrative departments shall determine and publicize the waterway maintenance scale according to the current technical grade or natural conditions of waterways. The municipal transportation administrative department shall publicize the chart of inland waterways in a unified manner jointly with the district transportation administrative departments.

The municipal and district transportation administrative departments shall promote the digitalization of the chart of inland waterways, and use modern technological means to provide such waterway public service information as change in water depth, obstruction, navigation clearance of bridge areas for navigating ships.

Article 20 Where siltation occurs in frontier waters of a wharf, which causes waterway accretion, the relevant responsible persons shall dredge within the time limit provided by the municipal and district transportation administrative departments.

Article 21 The municipal and district transportation administrative departments and the state maritime administrative institution shall, according to their respective functions and duties, be responsible for the installation, maintenance and management of the navigation marks in this Municipality, and establish a regular inspection mechanism for the navigation marks, and make a timely restoration when finding damage thereto.

No unit or individual shall occupy or destroy the navigation marks. The damage to navigation marks shall be reported to the municipal and district transportation administrative departments or the state maritime administrative institution in time; the responsible person shall be responsible for the restoration thereof or bear the restoration expense.

In the case of planting, or restoring or installing buildings or structures, or other facilities relevant to the navigation, the normal efficacy of navigation marks shall not be affected.

Where project construction needs to temporarily affect the waterway navigation conditions, the municipal and district transportation administrative departments or the state maritime administrative institution shall adjust the navigation marks or promulgate announcements as needed.

Article 22 The abandonment of waterways of Grade IV or above or the adjustment of their grade or function shall be put forward by the municipal transportation administrative department jointly with the municipal planning and resources administrative department, and be submitted to the Municipal People’s Government and the competent administrative department for transportation of the State Council for approval. The abandonment of waterways of Grade V or below or the adjustment of their grade or function shall be put forward by the municipal transportation administrative department jointly with the municipal planning and resources administrative department, and be submitted to the Municipal People’s Government for approval; but those as otherwise provided by the State are in exception.

Where a waterway is abandoned, or a waterway cannot reach the original standard of technical grade due to the adjustment of its grade or function or the change in its navigation status, the municipal and district transportation administrative departments shall install corresponding marks, promptly promulgate announcements on the waterway and circulate a notice to the state maritime administrative institution and the municipal and district water affairs administrative departments.

Article 23 Where the navigation conditions seriously deteriorate or the waterway facilities are destroyed due to such emergencies as natural and accidental disasters, the municipal and district transportation administrative departments shall, according to the emergency preplan, promptly organize the repair to restore the navigation conditions of the waterways.

Where ships, facilities or other objects sink in the water of a waterway, which impedes the waterway and affects the navigation safety, the relevant responsible person shall report to the municipal and district transportation administrative departments and the state maritime administrative institution immediately, take emergency handling measures, and install marks according to the provisions.

The relevant responsible person shall salvage the sunken objects within the time limit provided by the municipal and district transportation administrative departments or the state maritime administrative institution.

Article 24 The municipal transportation administrative department shall, jointly with the municipal departments for planning and resources, and for water affairs administration, and according to the technical grade of waterway development planning and the actual needs of waterway protection, delimit the range of waterway protection, and submit it to the Municipal People’s Government for approval and publicity. The range of inland waterway protection shall be delimited with the inland waterway planning control line as the basis.

The construction of buildings or structures beside the river, lake or sea within the range of waterway protection shall comply with the requirements of the navigation conditions of that waterway.

The range of waterway protection shall be adjusted in a timely manner according to such situation as the economic,social and shipping development, waterway planning revision, waterway navigation conditions, and the actual needs of waterway protection.

Article 25 To build a project which is relevant to the waterway according to the provision of the State, the development unit shall, during the project feasibility study stage, make an assessment of the impact of the construction project on the waterway navigation conditions, and submit it to the competent department for transportation of the State Council or the municipal and district transportation administrative department for examination and approval, but the following projects are excluded:

1- small and medium-sized river-side and/or lake-side harnessing projects;

2- water projects built on a non-navigable river; and

3- repair, restoration, danger removing and reinforcement work onto the existing water projects damaged or destroyed by water currents, and the projects that do not affect the waterway navigation conditions such as the replacement and renovation of the buildings that do not involve navigation or will not change the original navigation conditions of the waterway.

When the development unit applies for an examination and approval of the assessment of the impact on navigation conditions, it shall submit such materials as the application for examination and approval, and shall be responsible for the authenticity of the submitted materials.

Where no assessment of the impact on waterway navigation conditions is made, or a construction project is deemed upon examination and approval as not complying with the provisions, the development unit shall not make the construction. For a government-invested project, where no assessment of the impact on waterway navigation conditions is made, or it is deemed upon examination and approval as not complying with the provisions, the department responsible for construction project examination and approval shall not approve it.

Article 26 If a bridge, sluice, tunnel, pipeline, cable line and/or other buildings or structures that involve a waterway do not comply with the requirements of the waterway planning on net navigable height, clear width, depth of burying, and other waterway navigation conditions, the relevant municipal departments and district people’s governments shall, according to their respective functions and duties, organize the relevant units of ownership to formulate a plan for reconstruction or relocation, and urge them to conduct the implementation thereof.

Article 27 The development unit or management unit of a bridge, sluice, tunnel, pipeline, cable line or other buildings or structures that involve a waterway shall install warning marks, protective devices, and navigation marks at bridge areas according to the provisions, and maintain the warning marks and protective devices regularly; the municipal and district transportation administrative departments or the state maritime administrative institution shall be responsible for maintaining the navigation marks at bridge areas.

Ships that pass a cross-waterway bridge shall comply with the navigable net height and clear width of the bridge, and abide by the navigation rules strictly, and shall not berth or moor under the bridge. The municipal and district transportation administrative departments and the state maritime administrative institution shall strengthen the supervision over the ships passing the water of the bridge area, and protect the bridge safety and the good navigation environment of the water area around the bridge.

Article 28 To build permanent river blocking facilities on a waterway, the development unit shall, according to the technical grading requirements of the waterway planning, construct appropriate navigation buildings, and take measures to maintain the necessary navigation capacity during the construction; where it is really difficult to maintain the necessary navigation capacity during the construction, the development unit shall take such remedial measures as building temporary waterways.

The development unit or management unit of navigation buildings shall make regular maintenance of such buildings and maintain the normal operation of such facilities and equipment.

Article 29 The following acts that endanger the navigation safety of waterways are forbidden:

1- digging earth within the range of waterway protection;

2- piling objects easy to slip down within six meters from a waterway shoreline; and

3- other acts that are forbidden by laws or administrative regulations.

Article 30 Where water transfer and/or sluicing affects the waterway navigation conditions, the water affairs administrative department shall notify the municipal and district transportation administrative departments and the state maritime administrative institution 48 hours in advance. In emergency circumstances, the department that makes the decision of water transfer or sluicing shall notify the municipal and district transportation administrative departments and the state maritime administrative institution immediately.

Upon receiving the notice, the municipal and district transportation administrative departments shall release an announcement on the waterway in time.

Chapter IV Regional Cooperation in the Yangtze River Delta

Article 31 The municipal and district transportation administrative departments shall establish a communication and coordination mechanism with relevant provincial and city transportation administrative departments in the Yangtze River Delta Region, strengthen the cooperation in waterway planning, construction, maintenance, and protection, and accelerate the promotion of high-grade waterway network construction in the region, and construct a waterway administrative system featuring information sharing and joint service and linkage in the Yangtze River Delta Region.

Article 32 To prepare a waterway planning involving the connection to other provinces in the Yangtze River Delta Region, the municipal transportation administrative department shall solicit the opinions of the transportation administrative departments of relevant provincial people’s governments.

Article 33 The municipal transportation administrative department shall strengthen the communication, coordination and overall consideration with relevant provinces and cities of the Yangtze River Delta Region and consider the time sequence of construction projects of high-grade waterways connecting Shanghai and other provinces in the Yangtze River Delta Region.

Article 34 Where a waterway maintenance plan involves a high-grade waterway connecting Shanghai and other provinces in the Yangtze River Delta Region, the municipal and district transportation administrative departments shall negotiate with relevant provinces and cities in respect of the waterway maintenance cycle and maintenance standards.

Article 35 The municipal transportation administrative department shall negotiate with the transportation administrative department of relevant provincial people’s governments in the Yangtze River Delta Region to share the following information:

1-information concerning waterway planning, construction, maintenance and protection;

2-information concerning scientific research on waterways, including such information as the R & D and the application of new technologies, materials, techniques and standards;

3- information on administrative law enforcement involving waterways; and

4- other information determined by all parties upon negotiation.

Article 36 The municipal and district transportation administrative departments shall strengthen the joint service and linkage with the transportation administrative department of relevant provinces and cities in the Yangtze River Delta Region, and form an integrated mechanism in the aspects of mutual aid in administrative law enforcement, case transfer, and execution connection.

Chapter V Legal Liability

Article 37 Where laws or administrative regulations have provisions on the acts that violate these Regulations, such provisions shall prevail.

Article 38 Where the municipal and district transportation administrative departments and other relevant administrative departments or their staff have any one of the following acts, the direct competent person and other persons directly responsible shall be given sanctions by their work unit or their superior competent department according to law:

1- not performing the duties of waterway construction, maintenance and protection according to law;

2- not examining and approving the assessment of the impact on waterway navigation conditions according to law;

3- not investigating or handling according to law the complaints and reports of acts that endanger the waterway navigation safety, and thus causes serious damages to the public interests; or

4- other cases of neglecting their duties, abusing their power, or playing favoritism and practicing irregularities.

Article 39 Where relevant development units or management units, in violation of the provisions of Clause 1, Article 27 of these Regulations, do not install warning marks, protective devices, or navigation marks at bridge areas according to the provisions, the municipal and district transportation administrative departments or the state maritime administrative institution shall order them to make corrections, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan thereon.

Article 40 Where a unit or an individual, in violation of the provisions of Article 29 of these Regulations, digs earth within the range of waterway protection or piles objects easy to slip down within six meters from a waterway shoreline, the municipal and district transportation administrative departments shall order it/him/her to make a correction, and impose a fine of not less than 5,000 yuan but not more than 50,000 yuan on the unit, and a fine of not less than 200 yuan but not more than 2,000 yuan on the individual; if a loss is caused, the violator shall bear the liability for compensation according to law.

Article 41 Where any violation of these Regulations constitutes an act violating the regulations on public security administration, the penalty of public security administration shall be imposed on the violator according to law; if such violation constitutes a crime, the violator shall be prosecuted for criminal liability according to law.

Where the municipal and district transportation administrative departments and other relevant departments, in the process of investigating relevant violations of these Regulations, find a serious case of illegal act in suspect of constituting a crime, they shall transfer the case to the judicial organ for handling according to law.

Chapter VI Supplementary Provision

Article 42 These Regulations shall be effective as of January 1, 2020. The Regulations of Shanghai Municipality on the Administration of Inland Waterways adopted at the 33rd Session of the Standing Committee of the 11th Shanghai Municipal People’s Congress on November 15, 2001 shall be repealed simultaneously.


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