Measures for the administration of water permit and water resource fee collection in Gansu Province

Chapter VII Legal Liability Article 64 If the water administrative department or other relevant departments, water project management units and their staff take advantage of their positions to collect other people's property and other benefits or neglect their duties, issue permits to units or individuals that do not meet the statutory requirements, sign examination and approval opinions, fail to allocate water according to the water allocation plan, fail to collect water resources fees according to the relevant provisions of the state, fail to perform their supervisory duties, or fail to investigate and deal with illegal acts, thus causing serious consequences and constituting a crime, the responsible person in charge shall be punished. Those who are not serious enough for criminal punishment shall be given administrative sanctions according to law. Article 65 Where buildings and structures that hinder flood discharge are built within the scope of river management, or activities that affect the stability of river regime, endanger the safety of river banks and dikes and other activities that hinder flood discharge in river courses are carried out, the water administrative department of the people's government at or above the county level or the river basin management agency shall, according to their functions and powers, order them to stop the illegal acts, dismantle the illegal buildings and structures within a time limit and restore to the original state; If it is not removed or restored to its original state within the time limit, it will be forcibly removed, and the required expenses will be borne by the illegal unit or individual, and a fine of 1 10,000 yuan or more10,000 yuan or less will be imposed. Without the consent of the water administrative department or the river basin management institution, unauthorized construction of water projects, or the construction of buildings and structures such as bridges and wharves that block, cross or face the river, and the laying of pipelines and cables across the river, where there are no provisions in the flood control law, the water administrative department of the people's government at or above the county level or the river basin management institution shall, according to its functions and powers, order it to stop the illegal act and complete the relevant formalities within a time limit; Fails to make up or fails to make up within the time limit, and shall be ordered to dismantle illegal buildings and structures within a time limit; If it is not removed within the time limit, it will be forcibly removed, and the required expenses will be borne by the illegal unit or individual, and a fine of 1 10,000 yuan or more10,000 yuan or less will be imposed. With the consent of the water administrative department or the river basin management institution, if the engineering facilities listed in the preceding paragraph are not built as required, the water administrative department of the people's government at or above the county level or the river basin management institution shall order it to make corrections within a time limit according to its functions and powers, and impose a fine of 1 10,000 yuan or more10,000 yuan or less according to the seriousness of the case. Article 66 In case of any of the following acts, which are not stipulated in the flood control law, the water administrative department of the people's government at or above the county level or the river basin management agency shall, according to their functions and powers, order them to stop the illegal acts, remove obstacles within a time limit or take other remedial measures, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan: (1) Discarding or piling objects obstructing floods and planting trees and tall crops in rivers, lakes, reservoirs and canals; (2) Reclaiming lakes and rivers without approval. Article 67 Where a sewage outlet is set in a drinking water source protection area, the local people's government at or above the county level shall order it to be dismantled within a time limit and restored to its original state; Overdue demolition and restoration, forced demolition and restitution, and impose a fine of fifty thousand yuan and one hundred thousand yuan. Without the approval of the water administrative department or the river basin management institution, the water administrative department or the river basin management institution of the people's government at or above the county level shall, according to their functions and powers, order them to stop the illegal act, make restitution within a time limit and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. Article 68 Whoever produces, sells or uses backward technologies, equipment and products with high water consumption that have been explicitly eliminated by the state in production and operation shall be ordered by the comprehensive economic department of the local people's government at or above the county level to stop production, sale or use, and shall be fined at least 20,000 yuan/kloc-0,000 yuan. Article 69 In case of any of the following acts, the water administrative department of the people's government at or above the county level or the river basin management institution shall, according to their functions and powers, order them to stop the illegal act, take remedial measures within a time limit and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; If the circumstances are serious, its water intake permit shall be revoked: (1) taking water without approval; (two) failing to take water in accordance with the conditions stipulated in the approved water intake permit. Article 70. Those who refuse to pay, postpone or default on water resources fees shall be ordered to pay within a time limit by the water administrative department of the people's government at or above the county level or the river basin management institution according to their functions and powers; Fails to pay within the time limit, from the date of overdue payment, an overdue fine of two thousandths of the overdue part shall be charged on a daily basis, and a fine of more than one time but less than five times the water resource fee that should be paid or overdue shall be imposed. Seventy-first water-saving facilities of construction projects are put into use without authorization, and the relevant departments of the people's governments at or above the county level or the river basin management agencies shall order them to stop using them according to their functions and powers, make corrections within a time limit and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. Article 72 Whoever commits one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If it is not serious enough for criminal punishment and there is no provision in the flood control law, the water administrative department of the local people's government at or above the county level or the river basin management institution shall order it to stop the illegal act, take remedial measures and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; Violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law" shall be punished by the public security organs according to law; (1) occupying or destroying water projects, dikes, bank revetments and other related facilities and damaging flood control, hydrological monitoring and hydrogeological monitoring facilities; (two) engaged in blasting, drilling wells, quarrying, soil and other activities that affect the operation of water projects and endanger the safety of water projects within the scope of protection of water projects. Article 73 Whoever embezzles, steals or robs water engineering equipment such as flood control materials, flood control and drainage, farmland water conservancy, hydrological monitoring and metering, or embezzles or misappropriates state funds and materials used for water conservancy construction such as disaster relief, emergency rescue, flood control and resettlement compensation, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. Article 74 In the course of occurrence and handling of water disputes, those who stir up troubles, gang fights, rob or damage public or private property or illegally restrict others' personal freedom, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security according to law. Article 75 In the event of a water dispute between different administrative regions, if one of the following acts occurs, the responsible person in charge and other persons directly responsible shall be given administrative sanctions according to law: (1) refusing to implement the water allocation plan and water dispatching plan; (two) refusing to obey the unified water dispatching; (3) refusing to implement the ruling of the people's government at the next higher level; (4) unilaterally changing the present situation of water in violation of the provisions of this law without the consensus of all parties or the approval of the people's government at the next higher level before the settlement of the water dispute. Article 76 Whoever diverts water, intercepts (stores) water or drains water and damages public interests or the legitimate rights and interests of others shall bear civil liability according to law. Article 77 The administrative punishment in violation of the provisions of Article 39 of this Law on sand mining permit system in rivers shall be formulated by the State Council. Chapter VII Legal Liability Article 64 If the water administrative department or other relevant departments, water project management units and their staff take advantage of their positions to collect other people's property and other benefits or neglect their duties, issue permits to units or individuals that do not meet the statutory requirements, sign examination and approval opinions, fail to allocate water according to the water allocation plan, fail to collect water resources fees according to the relevant provisions of the state, fail to perform their supervisory duties, or fail to investigate and deal with illegal acts, thus causing serious consequences and constituting a crime, the responsible person in charge shall be punished. Those who are not serious enough for criminal punishment shall be given administrative sanctions according to law. Article 65 Where buildings and structures that hinder flood discharge are built within the scope of river management, or activities that affect the stability of river regime, endanger the safety of river banks and dikes and other activities that hinder flood discharge in river courses are carried out, the water administrative department of the people's government at or above the county level or the river basin management agency shall, according to their functions and powers, order them to stop the illegal acts, dismantle the illegal buildings and structures within a time limit and restore to the original state; If it is not removed or restored to its original state within the time limit, it will be forcibly removed, and the required expenses will be borne by the illegal unit or individual, and a fine of 1 10,000 yuan or more10,000 yuan or less will be imposed. Without the consent of the water administrative department or the river basin management institution, unauthorized construction of water projects, or the construction of buildings and structures such as bridges and wharves that block, cross or face the river, and the laying of pipelines and cables across the river, where there are no provisions in the flood control law, the water administrative department of the people's government at or above the county level or the river basin management institution shall, according to its functions and powers, order it to stop the illegal act and complete the relevant formalities within a time limit; Fails to make up or fails to make up within the time limit, and shall be ordered to dismantle illegal buildings and structures within a time limit; If it is not removed within the time limit, it will be forcibly removed, and the required expenses will be borne by the illegal unit or individual, and a fine of 1 10,000 yuan or more10,000 yuan or less will be imposed. With the consent of the water administrative department or the river basin management institution, if the engineering facilities listed in the preceding paragraph are not built as required, the water administrative department of the people's government at or above the county level or the river basin management institution shall order it to make corrections within a time limit according to its functions and powers, and impose a fine of 1 10,000 yuan or more10,000 yuan or less according to the seriousness of the case. Article 66 In case of any of the following acts, which are not stipulated in the flood control law, the water administrative department of the people's government at or above the county level or the river basin management agency shall, according to their functions and powers, order them to stop the illegal acts, remove obstacles within a time limit or take other remedial measures, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan: (1) Discarding or piling objects obstructing floods and planting trees and tall crops in rivers, lakes, reservoirs and canals; (2) Reclaiming lakes and rivers without approval. Article 67 Where a sewage outlet is set in a drinking water source protection area, the local people's government at or above the county level shall order it to be dismantled within a time limit and restored to its original state; If it is not removed and restored within the time limit, it will be forcibly removed and restored, and a fine of more than 50,000 yuan10,000 yuan will be imposed. Without the approval of the water administrative department or the river basin management institution, the water administrative department or the river basin management institution of the people's government at or above the county level shall, according to their functions and powers, order them to stop the illegal act, make restitution within a time limit and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan. Article 68 Whoever produces, sells or uses backward technologies, equipment and products with high water consumption that have been explicitly eliminated by the state in production and operation shall be ordered by the comprehensive economic department of the local people's government at or above the county level to stop production, sale or use, and shall be fined at least 20,000 yuan/kloc-0,000 yuan. Article 69 In case of any of the following acts, the water administrative department of the people's government at or above the county level or the river basin management institution shall, according to their functions and powers, order them to stop the illegal act, take remedial measures within a time limit and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; If the circumstances are serious, its water intake permit shall be revoked: (1) taking water without approval; (two) failing to take water in accordance with the conditions stipulated in the approved water intake permit. Article 70. Those who refuse to pay, postpone or default on water resources fees shall be ordered to pay within a time limit by the water administrative department of the people's government at or above the county level or the river basin management institution according to their functions and powers; Fails to pay within the time limit, from the date of overdue payment, an overdue fine of two thousandths of the overdue part shall be charged on a daily basis, and a fine of more than one time but less than five times the water resource fee that should be paid or overdue shall be imposed. Seventy-first water-saving facilities of construction projects are put into use without authorization, and the relevant departments of the people's governments at or above the county level or the river basin management agencies shall order them to stop using them according to their functions and powers, make corrections within a time limit, and impose a fine of not less than 50 thousand yuan but not more than 100 thousand yuan. Article 72 Whoever commits one of the following acts, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If it is not serious enough for criminal punishment and there is no provision in the flood control law, the water administrative department of the local people's government at or above the county level or the river basin management institution shall order it to stop the illegal act, take remedial measures and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; Violation of the "People's Republic of China (PRC) Public Security Administration Punishment Law" shall be punished by the public security organs according to law; (1) occupying or destroying water projects, dikes, bank revetments and other related facilities and damaging flood control, hydrological monitoring and hydrogeological monitoring facilities; (two) engaged in blasting, drilling wells, quarrying, soil and other activities that affect the operation of water projects and endanger the safety of water projects within the scope of protection of water projects. Article 73 Whoever embezzles, steals or robs water engineering equipment such as flood control materials, flood control and drainage, farmland water conservancy, hydrological monitoring and metering, or embezzles or misappropriates state funds and materials used for water conservancy construction such as disaster relief, emergency rescue, flood control and resettlement compensation, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law. Article 74 In the course of occurrence and handling of water disputes, those who stir up troubles, gang fights, rob or damage public or private property or illegally restrict others' personal freedom, which constitutes a crime, shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law; If it is not serious enough for criminal punishment, the public security organ shall impose administrative penalties for public security according to law. Article 75 In the event of a water dispute between different administrative regions, if one of the following acts occurs, the responsible person in charge and other persons directly responsible shall be given administrative sanctions according to law: (1) refusing to implement the water allocation plan and water dispatching plan; (two) refusing to obey the unified water dispatching; (3) refusing to implement the ruling of the people's government at the next higher level; (4) unilaterally changing the present situation of water in violation of the provisions of this law without the consensus of all parties or the approval of the people's government at the next higher level before the settlement of the water dispute. Article 76 Whoever diverts water, intercepts (stores) water or drains water and damages public interests or the legitimate rights and interests of others shall bear civil liability according to law. Article 77 The administrative punishment in violation of the provisions of Article 39 of this Law on sand mining permit system in rivers shall be formulated by the State Council.