Regulations on Beach Protection in Harbin in 219 (full text)

Regulations on Protection of Tidal Flat in Harbin

Article 1 In order to protect the ecological environment of tidal flat and make scientific and rational use of tidal flat resources, these regulations are formulated in accordance with the provisions of the Water Law of the People's Republic of China, the Regulations of the People's Republic of China on River Management and other laws and regulations, and in combination with the actual situation of this Municipality.

article 2 these regulations are applicable to the protection of beaches in the Songhua river and its tributaries within the administrative area of this municipality.

the term "mudflat" as mentioned in these regulations refers to the mudflat recognized by the people's government of the city or county (city) between the normal water level and the flood level in the river.

article 3 beach protection adheres to the principles of unified planning, giving priority to protection, scientific utilization and sustainable development.

article 4 the municipal water administrative department is the administrative department in charge of beach protection and is responsible for organizing the implementation of these regulations. City beach management agencies are responsible for the daily management of beach protection.

the district and county (city) water administrative departments shall be responsible for the protection of beaches within their respective jurisdictions according to their duties and powers.

Departments of development and reform, urban and rural planning, urban and rural construction, finance, forestry, industry and commerce, environmental protection, land and resources, tourism, urban management, animal husbandry and veterinary medicine, agriculture, civil affairs, archives, public security, etc. shall, according to their respective functions and powers, do a good job in the relevant work of beach protection.

article 5 the municipal and county (city) people's governments shall establish a coordination mechanism for beach protection, and coordinate and solve major issues such as beach restoration and utilization, and financial guarantee.

article 6 the tidal flat resources are owned by the state, except for the part that is collectively owned by law. No unit or individual may occupy, destroy, trade or illegally transfer in other forms.

article 7 the municipal, district and county (city) water administrative departments shall strengthen the publicity and education on beach protection and raise the public's awareness of beach protection.

any unit or individual has the right to report violations of these regulations.

article 8 the water administrative department of a city or county (city) shall organize relevant departments to confirm and delimit the tidal flat, which shall be published after being approved by the people's government at the same level.

article 9 the municipal water administrative department shall, jointly with the municipal development and reform, land and resources, urban and rural planning, forestry, environmental protection, urban management, animal husbandry and veterinary departments, and the district, county (city) people's government, formulate a plan for beach protection according to the municipal water ecosystem protection and restoration plan, and organize its implementation after being reported to the municipal people's government for approval.

Beach protection planning should be subject to river basin planning and coordinated with other water-related planning.

the beach protection plan shall be announced to the public according to law.

Article 1 Where the plan for beach protection needs to be adjusted, it shall be approved by the original approving authority in accordance with the planning procedures.

article 11 the municipal, district and county (city) people's governments shall incorporate the protection of beaches into the national economic and social development plan at the corresponding level, and increase the investment in beach protection year by year to ensure the effective implementation of beach protection.

Article 12 The municipal, district and county (city) people's governments shall establish and improve the compensation mechanism for beach ecological environment protection and raise funds for beach protection through multiple channels.

the funds for beach protection are earmarked for the work of returning farmland to wet land and ecological restoration, and no unit or individual may intercept or misappropriate them.

article 13 the water administrative departments of cities, districts and counties (cities) shall determine the functional orientation of beaches and set up beach protection landmarks according to the beach protection plan.

no unit or individual may destroy or move the beach protection landmarks without authorization.

article 14 the water administrative departments of cities, districts and counties (cities) shall, jointly with relevant departments, work out a plan for the ecological improvement and restoration of beaches within their jurisdiction, submit it to the people's government at the same level for approval, organize its implementation, and report it to the water administrative department at a higher level for the record.

article 15 the municipal, district, county (city) water administrative departments shall establish archives of tidal flat resources, and regularly investigate and monitor the changes of original ecological plant communities, typical landforms, ancient and famous trees, geological relics, wild animals and other resources within the tidal flat, and truthfully record the investigation and monitoring data.

article 16 the water administrative departments of cities, districts and counties (cities) shall regularly organize the evaluation of the beach ecosystem and prepare the evaluation report of the beach ecosystem.

the evaluation report of the beach ecosystem should include the basic data of the beach, the quality evaluation of the beach ecosystem, and suggestions on the protection and restoration of the beach ecosystem.

Article 17 It is forbidden to engage in the following activities within the tidal flat:

(1) Reclamation, cultivation and breeding;

(2) grazing, burning wasteland, cutting down trees and collecting original plants;

(3) discharging or burying toxic and harmful substances into the tidal flat and its surrounding areas, or dumping wastes such as slag, coal ash, residual soil, garbage, residual ice and snow;

(4) Hunting birds and other wild animals, and collecting and selling bird eggs;

(5) Scrubbing motor vehicles and equipment;

(6) drilling wells, burying and digging turf;

(7) unauthorized business activities;

(8) processing, maintaining and painting vessels;

(9) building buildings and structures without authorization;

(1) cofferdams, fences, dams and ponds are built without authorization;

(11) other activities that damage the ecological environment of the beach.

article 18 for the beaches planned as landscape areas, scientific research, popular science and eco-tourism activities can be moderately carried out while restoring the original landforms and original vegetation.

article 19 if it is really necessary to temporarily occupy the beach, it shall conform to the beach protection plan.

it is forbidden to open projects that are inconsistent with the beach protection plan.

Article 2 Temporary occupation of tidal flats shall be approved by the competent water administrative department and other examination and approval procedures shall be performed.

the applicant shall submit the following materials:

(1) an application for the project or activity;

(2) comprehensive impact assessment report of projects or activities compiled by qualified professional institutions;

(3) tidal flat protection scheme;

(4) the approval document of the relevant water-related project (or water resources) management unit;

(5) if the legitimate rights and interests of a third party are involved, the agreement signed with the third party shall be provided.

article 21 the municipal, district and county (city) water administrative departments shall make a decision on whether to approve or not within 15 days from the date of receiving the application materials for temporary occupation of beaches. In case of disapproval, the reasons shall be informed in writing.

Article 22. Those who have been approved to temporarily occupy beaches shall not change the purpose and scope of occupation without authorization; If it is really necessary to change, it shall go through the examination and approval procedures again.

article 23. those who have been approved to temporarily occupy the tidal flat shall protect the natural resources and ecological environment of the tidal flat according to the tidal flat protection scheme, and shall not pollute the soil and water. If construction is needed, temporary construction facilities shall be removed and construction residues shall be removed after the construction. At the end of occupation, the original appearance of the beach should be restored.

article 24 buildings, structures and supporting facilities for scientific research, popular science and tourism projects shall be constructed with natural wood, stone and other environmental protection materials, and be in harmony with the beach environment.

article 25 the municipal, district and county (city) water administrative departments shall strengthen the supervision and inspection of the occupied beaches, and establish and implement a regular inspection system.

Article 26 The municipal, district and county (city) water administrative departments shall establish and improve the emergency mechanism, prepare the emergency plan for the beach ecosystem crisis, and strengthen the monitoring of the beach resources; If any abnormality is found, the emergency plan shall be started immediately and emergency measures shall be taken to ensure the safety of the beach ecosystem.

Article 27 The staff of the water administrative department and other relevant departments shall be ordered to make corrections by the organ with the power of administrative punishment under any of the following circumstances, informed criticism; Administrative sanctions shall be imposed on the directly responsible person in charge and other directly responsible persons according to law:

(1) failing to prepare the beach protection plan in accordance with the regulations;

(2) failing to examine and approve the occupation of tidal flat projects in accordance with the prescribed conditions;

(3) No files on the management of tidal flat resources have been established;

(4) The system of regular inspection has not been established or not;

(5) Failing to establish and improve the emergency mechanism and prepare the emergency plan for the tidal flat ecosystem crisis in accordance with regulations;

(6) failing to monitor the tidal flat resources or take emergency measures as required, thus causing serious damage to the tidal flat ecosystem;

(7) failing to compile the annual assessment report of the beach ecosystem in accordance with the provisions;

(8) other acts that do not perform their duties according to law.

Article 28 Whoever, in violation of the provisions of these Regulations, commits any of the following acts within the tidal flat shall be punished by the water administrative department in accordance with the following provisions:

(1) Those who cultivate, breed, burn wasteland, dig turf or cofferdam, fence, build dams or dig ponds without authorization shall be ordered to stop the illegal act, restore to the original state within a time limit or take other remedial measures, and those who fail to restore or take other remedial measures within the time limit shall be punished for each damaged tidal flat area.

(2) Those who graze shall be ordered to stop the illegal act and be fined between 5 yuan and 1, yuan;

(3) Whoever scrubs motor vehicles and equipment shall be ordered to stop the illegal act and be fined between 2 yuan and 5 yuan;

(4) those who dump residual ice and snow on the beach shall be ordered to stop the illegal act and clean it up within a time limit; those who fail to clean it up within the time limit shall be fined between 5, yuan and 1, yuan;

(5) Whoever digs a well or buries it shall be ordered to stop the illegal act, make restitution within a time limit or take other remedial measures; if he fails to do so within the time limit, he shall be fined between 1, yuan and 2, yuan;

(6) Whoever destroys or moves the beach protection boundary markers without authorization shall be ordered to stop the illegal act, restore or compensate for the losses within a time limit, and be fined at least three times the actual expenses required for restoration or five times the amount of losses;

(7) those who process, maintain or paint vessels shall be ordered to make corrections within a time limit, and those who refuse to make corrections shall be fined between 5, yuan and 1, yuan;

(8) those who build buildings and structures without authorization shall be ordered to stop the illegal behavior and restore to the original state. If the circumstances are serious, they shall be fined between 2, yuan and 5, yuan.

Article 29 Whoever, in violation of the provisions of these regulations, occupies a tidal flat and commits any of the following acts shall be ordered by the water administrative department to make corrections within a time limit, restore to its original state, and be punished according to the following provisions:

(1) Whoever occupies a tidal flat without approval, if there is illegal income, the illegal income shall be confiscated and a fine of less than five times the illegal income shall be imposed; If there is no illegal income, a fine of not less than 5, yuan but not more than 1, yuan shall be imposed;

(2) A fine of not less than 3, yuan but not more than 5, yuan shall be imposed if the occupation purpose and scope of the beach are changed without approval; If the circumstances are serious, a fine of not less than fifty thousand yuan but not more than one hundred thousand yuan shall be imposed;

(3) failing to fulfill the obligation of beach protection in accordance with the protection plan, a fine of not less than 1, yuan but not more than 3, yuan shall be imposed; If the circumstances are serious, a fine of not less than thirty thousand yuan but not more than fifty thousand yuan shall be imposed.

Article 3 Whoever discharges or buries toxic and harmful substances into beaches or dumps solid wastes such as slag, coal ash, residual soil and garbage shall be ordered by the competent administrative department of environmental protection to stop the illegal act, take control measures within a time limit and eliminate pollution, and be fined between 2, yuan and 2, yuan; When the water administrative department discovers the above-mentioned acts, it shall immediately stop them and inform the environmental protection administrative department in time.

article 31 violation of other provisions of these regulations shall be punished by the relevant administrative departments in accordance with relevant laws and regulations.

article 32 where the beach is occupied for farming before the implementation of these regulations, the people's government of the district or county (city) where the beach is located shall formulate a plan within the time limit specified by the municipal people's government and organize the withdrawal in a planned way.

before the implementation of these regulations, according to the needs of flood control, the villages that have moved out shall be demolished by the district and county (city) people's governments where the beaches are located within the time limit specified by the municipal people's government.

units and individuals that build buildings, structures, dams, fences, passages and other facilities on the beach without approval before the implementation of these regulations shall dismantle them themselves within the prescribed time limit; If it is not removed within the time limit, it shall be removed by the district or county (city) people's government or by the water administrative department, and the expenses required shall be borne by the violator.

the people's government of the district or county (city) where the beach is located shall be responsible for organizing the relocation of the tidal flat formed by the state's approval of the realignment of dikes.

article 33 projects that have been approved by law to use beaches before the implementation of these regulations can continue to be used if they meet the planning of beach protection, but relevant procedures should be completed in accordance with the provisions of these regulations; Those that do not conform to the beach protection plan shall stop using it, and the relevant departments shall make compensation according to law.

article 34 these regulations shall come into force on April 1, 213.