Regulations of Shanghai Municipality on Administration of Inland Waterways

 2018-10-23  317


 (Adopted at the 33rd Session of the Standing Committee of the 11th Shanghai Municipal People's Congress on November 15, 2001; amended for the first time in accordance with the Decision on Revising Some Local Rules of This Municipality adopted at the 21st Session of the Standing Committee of the 13th Shanghai Municipal People's Congress on September 17, 2010; amended for the second time in accordance with the Decision on Revising Some Local Rules of This Municipality adopted at the 31st Session of the Standing Committee of the 13thShanghai Municipal People's Congress on December 22, 2011; amended for the third time in accordance with the Decision on Amending 12 Local Rules Including the Regulations of Shanghai Municipality on the Administration of Materials for Construction Works adopted at the 22nd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on July 23, 2015)

 

Chapter I  General Provisions

 

Article 1

With a view to strengthening the construction and administration of inland waterways in this Municipality, developing and utilizing in a rational way the water resources, and bringing inland waterways into full play in transportation, these Regulations are formulated in accordance with the relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to the planning, construction, conservation, administration and other activities of inland waterways, waterway facilities and facilities related to navigation within the administrative areas of this Municipality, but except for those under the direct administration of the competent transportation department of the State Council.

These Regulations also apply to the special waterways and their facilities constructed and managed by special units that fall in with the provisions of these Regulations.

Article 3

The municipal port administrative department shall be in charge of the administrative work of the inland waterways in this Municipality, and be responsible for the implementation of these Regulations. The Municipal Shipping Administrative Office, its subordinate unit, shall be responsible for the specific administrative work of inland waterways in this Municipality and for the imposition of administrative penalties in accordance with these Regulations authorization. The relevant district/county waterway administrative departments shall be responsible for the daily administrative work related to the inland waterways in accordance with the division of responsibilities within their respective jurisdictions. 

The other relevant administrative departments and district/county people's governments of this Municipality shall, in accordance with their respective responsibilities, coordinate in the implementation of these Regulations. 

Article 4

The principles of overall planning, emphasis on both construction and administration, and safeguard of unimpeded navigation shall be followed in the construction and administrationof the inland waterways.

Article 5

The waterways are infrastructure with the nature of social welfare. The people's governments at all levels in this Municipality shall, for the development of the inland shipping industry, adopt positive measures to ensure the capital investment for waterway construction and maintenance, support and encourage the development and utilization of inland waterways. 

Article 6

This Municipality shall formulate technical grades for the inland waterways according to relevant provisions of the State, and develop corresponding inland waterway construction and maintenance standards. 

Article 7

The inland waterways, navigation facilities, as well as the facilities related to navigation are protected by the State; no unit or individual may illegally occupy or damage them.

The waterway administrative departments of this Municipality shall strengthen the protection of inland waterways and ensure unimpeded navigation.

 

Chapter II  Planning and Construction

 

Article 8

The plans of the inland waterways in this Municipality shall be made according to the actual needs of the national economy and the development of waterway transportation, as well as the construction requirements for advanced inland waterway networks connecting with the country's major waterways, and in accordance with the principles of overall consideration and comprehensive utilization.

The plans of inland waterways shall be coordinate with those of flood control, irrigation and water conservancy, environmental protection, and tourism. 

Article 9

The municipal port administrative department shall be responsible for the formulation of inland waterway plans of this Municipality. The plans thus formulated shall be included in the comprehensive urban planning after the opinions of relevant municipal departments and district/county people's governments are solicited, a comprehensive balance is made by the municipal planning administrative department and an approval is given by the Municipal People's Government. The approved plans shall be reported by the municipal port administrative department to the competent transportation department of the State Council for the record.

Article 10

The system of planning control lines of inland waterways shall be practiced in this Municipality. The programs of planning control lines of inland waterways shall be proposed by the Municipal Shipping Administrative Office after soliciting the opinions of competent waterway administrative departments, and implemented upon the examination of the municipal port administrative department and the approval of the municipal planning administrative department. 

Article 11

The construction plans of inland waterways shall be formulated on the basis of inland waterway planning by the municipal competent port administrative department and implemented after the approval of the municipal planning administrative department or the competent transportation administrative department of the State Council in accordance with the relevant provisions of the State and this Municipality.

Where the approved construction plans of inland waterways need to be modified, reports shall be submitted to the original examination and approval departments for approval. 

The construction plans of special waterways shall be prepared by the relevant special units, and submitted to the Municipal Port Administrative Office for the record prior to the implementation of the plans.

 Article 12

The sources of inland waterway construction funds are as follows:

 1. national and municipal financial funds and special funds;

2. national policy loans, as well as loans of domestic and foreign financial organizations and foreign governments; and

3. other funds or investments raised by other legitimate ways.

The construction funds of special waterways shall be raised by the relevant special units themselves.

Article 13

The construction projects of inland waterways in this Municipality shall be carried out by development units in accordance with the capital construction procedure.

The public bidding system and project supervision system shall be practiced for the construction projects of inland waterways in accordance with the relevant provisions of the State and this Municipality.

The construction projects of special waterways shall be carried out by the relevant special units. Guidance and supervision shall be provided to them by the Municipal Shipping Administrative Office.

Article 14

The design and construction of construction and maintenance projects of inland waterways and waterway facilities shall conform to the inland navigation standards and the technical specifications for inland waterway construction, while requirements for both flood control and environmental protection shall be taken into consideration, and the construction quality shall be ensured.

Article 15

The construction land for inland waterways shall be acquired in accordance with the relevant laws and regulations on land management. No unit or individual may illegally occupy or use the construction land for inland waterways.

Where house demolition is involved in the construction of inland waterways, the state and municipal provisions regarding municipal infrastructure construction shall be followed.

Article 16

After the completion of the construction and maintenance projects of inland waterways and special waterways, the development units shall organize the work of check and acceptance. The above-mentioned waterways can only be put into use after their acceptance.  

After the construction of the construction and maintenance projects of inland waterways and special waterways, the construction units shall remove the cofferdams, residual piles, caissons, piers and other remnants.

Article 17

When the Municipal Shipping Administrative Office or district/county waterway administrative departments, for the implementation of inland waterway construction and maintenance, carry out the activities such as measuring, dredging, towing, hydrological monitoring and setting measurement marks and navigation aids, relevant units and individuals shall not impede them; for the losses of the relevant units and individuals resulting from the implementation of the abovementioned activities, compensation for such losses shall be made by the Municipal Shipping Administrative Office or district/county waterway administrative departments .

 

Chapter III  Conservation and Administration

 

Article 18

The Municipal Shipping Administrative Office and district/county waterway administrative departments shall develop plans of inland waterway conservation, and organize the work of maintenance in accordance with the maintenance requirements and technical specifications of inland waterway maintenance, so as to maintain the normal states of the inland waterways and waterway facilities.

Article 19

Where silting occurs in wharf front waters, or in inland waterways owing to the construction of buildings, structures or other facilities related to navigation along or across the inland waterways, the relevant persons responsible shall dredge the silts within the time limit set by the   Municipal Shipping Administrative Office or district/county waterway administrative departments; where failure of such timely dredging occurs, the municipal port administrative department or district/county waterway administrative departments may organize relative departments to do the job, and the persons responsible shall bear the costs of dredging.

Article 20

Where serious deterioration of navigation conditions occurs or waterway facilities are damaged resulting from natural disasters or other force majeure, the municipal port administrative department shall arrange for repairs in a timely manner so as to restore navigation. 

Article 21

Waterway repairs shall conform to the safety requirements of flood control, and the opinions of competent waterway administrative departments shall be solicited beforehand.

Waterway repairs involving inland waterways shall conform to the requirements of inland navigation standards, without reducing the existing navigation capacities, and the opinions of the Municipal Shipping Administrative Office or district/county waterway administrative departments shall be solicited beforehand.

Construction units shall carry out construction in accordance with the design plans and shall not damage the inland waterways or affect the navigation conditions of the inland waterways.

Article 22

The construction or installation of buildings, structures, or other facilities related to navigation along or across the inland waterways within the scope of the planning control lines of inland waterways shall conform to the technical specifications set by the State, and before application for a construction permit, the design plans shall be submitted to the Municipal Shipping Administrative Office or district/county waterway administrative departments for examination. The Municipal Shipping Administrative Office or district/county waterway administrative departments shall, within 15 working days from the date of receiving the application, make decisions of agreement, modification or disagreement regarding the design plans.

Where the construction or installation of such buildings, structures, or other facilities related to navigation involves other departments, the agreement of the relevant competent authorities shall be obtained, and the appropriate procedures shall be completed.

The development units of the abovementioned buildings, structures, or other facilities related to navigation shall organize the construction in accordance with the approved design plans; unauthorized changes of the design plans shall not be allowed. Where changes of the design plans are absolutely necessary, the changed design plans shall be re-submitted for examination.   

The development units of the abovementioned buildings, structures, or other facilities related to navigation shall notify the Municipal Shipping Administrative Office or district/county waterway administrative departments of their construction at the start; the Municipal Shipping Administrative Office or district/county waterway administrative departments may make their on-site supervision. After completion of the projects, the development units shall, in accordance with the navigation requirements, remove the remnants in a timely manner, and submit the documents of acceptance to the Municipal Shipping Administrative Office or district/county waterway administrative departments for the record.

Article 23

The Municipal Shipping Administrative Office or district/county waterway administrative departments shall be responsible for the installation, maintenance and management of the navigation aids in this Municipality; and damage to these aids shall be repaired in a timely manner upon discovery.

No unit or individual may encroach or damage the navigation aids. Where damage is caused to the navigation aids, the persons responsible shall report to the Municipal Shipping Administrative Office or district/county waterway administrative departments without delay, and shall be responsible for the repair or bear the costs of repair.

The plant growing, construction or installation of buildings, structures, or other facilities related to navigation shall not affect the normal efficacy of the navigation aids.

Article 24

Where the construction temporarily affects the navigation conditions of the inland waterways, the Municipal Shipping Administrative Office or district/county waterway administrative departments shall adjust the navigation aids or make announcement of the waterways on the basis of needs or the applications of the construction units.

Article 25

Where the construction or installation of buildings, structures, or other facilities related to navigation within the scope of the planning control lines of inland waterways involves navigation safety, the development units or individuals shall set up warning signs that meet the requirements, and shall be responsible for the day-to-day maintenance and management.

The bridge management departments or units shall be responsible for the installation and the day-to-day maintenance and management of the bridge lamps or the bridge culvert signs of cross-river bridges.

Article 26

Where the inland waterways fail to reach the original technical grade standards owing to the changes of their conditions, the Municipal Shipping Administrative Office shall make announcement for the relevant waterways.

The municipal port administrative department shall make decisions of abandonment on the inland waterways that have lost their navigation functions after obtaining the agreement of the municipal planning administrative department, and inform the municipal waterway administrative department. Upon the decision of abandonment of the inland waterways, the Municipal Shipping Administrative Office shall make announcements in a timely manner and set up temporary signs.

Article 27

When building permanent sluices in inland waterways, the development units shall build suitable structures for ship access according to the technical level requirements for waterway planning, and take measures to keep the necessary navigation capacity during the construction; if it is really difficult to maintain the necessary navigation capacity during construction, the development units shall take other remedial measures with the agreement of the Municipal Shipping Administrative Office.

The management units of structures for ship access shall conduct regular maintenance of the structures, keep the facilities in a proper working state, and provide ships with safe, opportune, and convenient navigation conditions.

Article 28

The construction and expansion of wharves along inland waterways shall be carried out by way of inward excavation.

Article 29

Upon occurrences of ship wreck and objects sinking in the waterways or collapse of  buildings, structures, or other facilities related to navigation along or across waterways affecting the navigation conditions, the persons responsible shall immediately take measures, and set up temporary warning signs; meanwhile they shall report to the Municipal Shipping Administrative Office or district/county waterway administrative departments, and remove the obstacles within the time limit set by the Municipal Shipping Administrative Office or district/county waterway administrative departments; upon their failure of removing the obstacles within the time limit, the municipal port administrative department or district/county waterway administrative departments may organize relevant departments to do the job, and the costs shall be borne by the persons responsible .

Upon receiving the reports of occurrences affecting navigation conditions, the municipal port administrative department or district/county waterway administrative departments shall promptly set up warning signs or take emergency measures; damages shall be paid to relevant units and individuals for their losses caused by failure of promptly setting up opportune warning signs or taking emergency measures.

Article 30

The following acts that affect or damage the navigation conditions shall be forbidden:

1. land reclaiming from rivers and beaches that encroaches inland waterways;

2. dumping gravels, mud, garbage or other wastes into inland waterways;

3. piling dirt, digging, or planting soil-loosening plants on the slopes, revetments or shores of  the inland waterways, or piling up garbage or other objects that are easy to slip on shores;

4. planting aquatic plants in the waters of inland waterways;

5. setting up fixed fishing gears, or fishing traps or carrying out aquaculture in the waters of inland waterways;

6. carrying out loading or unloading operations with unauthorized occupation of the inland waterways; and

7. other acts that affect or destroy navigation conditions.

Article 31

Where water transfer and discharge affect navigation conditions, the Municipal Shipping Administrative Office shall be informed 48 hours in advance. Upon receiving the reports, the Municipal Shipping Administrative Office shall make announcements in a timely manner.

Failing to report to the Municipal Shipping Administrative Office in accordance with the provision of the preceding clause, and resulting in losses, the relevant persons responsible shall pay for the damages; failing to make announcements in a timely manner and causing the relevant units and individuals to suffer losses, the Municipal Shipping Administrative Office shall pay for the damages.

Article 32

The units conducting productive and operational activities via their wharves, warehouses or yards built on the inland water shorelines with permission shall pay royalties to the Municipal Shipping Administrative Office in accordance with the provisions.

The royalty collection standards of the inland water shorelines shall be proposed by the municipal port administrative department, and reported to the municipal pricing and finance departments for investigation and approval. The royalties of inland water shorelines shall be used for the maintenance of inland waterways on the basis of special funds for specified purposes.

Article 33

Upon the termination of using the inland waterway shorelines, the units using the inland water shorelines with permission shall dismantle their facilities and shall be responsible for restoring the shoreline normal conditions.

 

Chapter IV  Legal Liability

 

Article 34

Any unit or individual failing to submit the construction plans of inland waterways to the Municipal Shipping Administrative Office for the record, in violation of the provisions of Clause 3 of Article 11 of these Regulations, shall be ordered to make corrections, and may be given a warning by the Municipal Shipping Administrative Office.

Article 35

Any unit or individual occupying illegally the construction land of inland waterways, in violation of the provisions of Clause 1 of Article 15 of these Regulations, shall be ordered to terminate the violations, and may be imposed on a fine of not less than 1,000 yuan but not more than 10,000 yuan by the Municipal Shipping Administrative Office.

Article 36

Any unit or individual making use of the construction or maintenance works of inland waterways without acceptance or with unqualified acceptance, in violation of the provisions of Clause 1 of Article 16 of these Regulations, shall be ordered to make corrections by the Municipal Shipping Administrative Office, and may be imposed a fine of not less than 5,000 yuan but not more than 50,000 yuan, and those making unauthorized use of the construction or maintenance works of special waterways may be imposed a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Article 37

Any unit or individual failing to remove the remnants after the completion of the projects, in violation of the provisions of Clause 2 of Article 16 or Clause 4 of Article 22 of these Regulations, shall be ordered to remove the remnants within the time limit, and may be imposed a fine of not less than 3,000 yuan but not more than 30,000 yuan by the Municipal Shipping Administrative Office.

Article 38

The construction units failing to carry out construction in accordance with the design plans and damaging the inland waterways or affecting the navigation conditions of the inland waterways, in violation of the provisions of Clause 3 of Article 21 of these Regulations, shall be ordered to restore the original conditions or eliminate the effects, and may be imposed a fine of not less than 5,000 yuan but not more than 50,000 yuan by the Municipal Shipping Administrative Office.

Article 39

The construction units building or setting up buildings, structures, or other facilities related to navigation along or across the inland waterways or changing the design plans without permission, in violation of the provisions of Clause 1 or 3 of Article 22 of these Regulations, shall be ordered to dismantle them within the time limit by the municipal port administrative department or district/county waterway administrative departments; upon their failure of dismantling, the municipal port administrative department or district/county waterway administrative departments shall organize mandatory dismantling. The persons responsible shall bear the costs and may be imposed a fine of not less than 2,000 yuan but not more than 20,000 yuan, and for serious cases, they may be imposed a fine of not less than 20,000 yuan but not more than 50,000 yuan.

Article 40

Any unit or individual encroaching or damaging the navigation aids, in violation of the provisions of Clause 2 of Article 23 of these Regulations, shall be ordered to make corrections within the time limit, and may be given a warning or imposed a fine of not less than 200 yuan but not more than 2,000 yuan by the Municipal Shipping Administrative Office or district/county waterway administrative departments; and the persons responsible shall bear the liability for the resulting losses according to law.

Any unit or individual affecting the normal efficacy of the navigation aids, in violation of the provisions of Clause 3 of Article 23 of these Regulations, shall be ordered to make corrections within the time limit by the Municipal Shipping Administrative Office or district/county waterway administrative departments.

Article 41

Any unit or individual failing to set up warning signs according to the provisions and carry out the day-to-day maintenance, in violation of the provisions of Clause 1 of Article 25 of these Regulations, shall be ordered to make corrections within the time limit by the Municipal Shipping Administrative Office or district/county waterway administrative departments; those refusing to make the corrections shall be imposed a fine of not less than 500 yuan but not more than 5,000 yuan.

Article 42

Any unit or individual failing to report promptly the occurrences of ship wreck and objects sinking affecting the navigation conditions, in violation of the provisions of Clause 1 of Article 29 of these Regulations, shall be imposed a fine of not less than 500 yuan but not more than 5,000 yuan by the Municipal Shipping Administrative Office or district/county waterway administrative departments; those failing to remove the obstacles shall be imposed a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Article 43

Any unit or individual violating the provisions of Article 30 of these Regulations shall be ordered to terminate their violations and restore the original conditions and shall be imposed a fine of not less than 5,000 yuan but not more than 50,000 yuan by the Municipal Shipping Administrative Office; for serious cases, they may be imposed a fine of not less than 5,000 yuan but not more than 50,000 yuan.

Article 44

Any unit or individual failing to pay royalties for the use of inland water shorelines according to the provisions, in violation of the provisions of Clause 1 of Article 32 of these Regulations, shall be ordered to make up the payment, plus a surcharge of 0.3% per day by the Municipal Shipping Administrative Office; according to the seriousness of the cases, they may be imposed a fine of not less than 1 time but not more than 5 times of their payables.

Article 45

Any unit or individual failing to dismantle their facilities and restore the shoreline normal conditions, in violation of the provisions of Article 33 of these Regulations, shall be ordered by the Municipal Shipping Administrative Office to make corrections锛�upon their refusal of making corrections, the municipal port administrative department shall do the dismantling and restoring work for them, and the persons responsible shall bear the costs, and may be imposed a fine of not less than 1,000 yuan but not more than 10,000 yuan.

Article 46

Any unit or individual refusing or obstructing the performance of duties of the law enforcement officers of the Municipal Shipping Administrative Office and the municipal port administrative department or district/county waterway administrative departments, in violation of the Law of the People's Republic of China on Public Security Administration and Imposition of Punishment, shall be dealt with by the public security departments according to law.

Article 47

The Municipal Shipping Administrative Office, the municipal port administrative department or district/county waterway administrative departments and their staff shall perform the functions of supervision and administration in accordance with law, accept in accordance with law applications of units and individuals and their reports and accusations of acts of damaging waterways, and investigate and punish violations in accordance with law.

Upon the occurrences of failing to accept the matters that shall be accepted, or failing to stop, investigate and deal with the violations that shall be stopped, investigated and dealt with, causing serious damage to the public interests, or abusing power, playing favoritism or committing irregularities, the persons directly in charge and other persons directly responsible shall be given administrative sanctions in accordance with law by their units or higher competent departments; where such acts constitute a crime, the wrongdoers shall be prosecuted for criminal liability according to law.

Article 48

The parties refusing to accept the specific administrative acts of the municipal port administrative department, the Municipal Shipping Administrative Office or district/county waterway administrative departments, may apply for administrative reconsideration or bring an administrative lawsuit in accordance with the Administration Reconsideration Law of the People's Republic of China or the Administrative Litigation Law of the People's Republic of China.

Where the parties fail to apply for administrative reconsideration or bring an administrative lawsuit within the time limit, and refuse to perform their duties, the municipal port administrative department, the Municipal Shipping Administrative Office or district/county waterway administrative departments may apply to the people's court for enforcement.

 

Chapter V  Supplementary Provision

 

Article 49

These Regulations shall be effective as of January 1, 2002.