Regulations of Chongqing Municipality on Waterway Management

Chapter I General Provisions Article 1 These Regulations are formulated in accordance with the Regulations of the People's Republic of China on Waterway Management and relevant laws and regulations, combined with the actual situation of this Municipality, in order to rationally develop, utilize and protect waterway resources, strengthen waterway management and ensure the smooth and safe navigation. Article 2 These Regulations shall apply to the planning, construction, maintenance and protection of navigation channels, navigation facilities and navigation-related facilities within the administrative area of this Municipality, except for the navigation channels directly managed by the transportation department of the State Council. Article 3 Waterway management shall follow the principles of overall planning, comprehensive utilization, rational planning, safety and smoothness. Article 4 The traffic administrative department shall be responsible for waterway management, and its affiliated port and shipping management institutions shall specifically implement waterway management.

City, county (Autonomous County) waterway management scope, proposed by the municipal administrative department of transportation plan, submitted to the Municipal People's government for approval before implementation. Article 5 The administrative departments in charge of development and reform, water conservancy, planning, land and housing management, environmental protection, public security, fishery, tourism and immigration shall, within their respective functions and duties, do a good job in waterway management. Article 6 The people's governments of cities, districts and counties (autonomous counties) shall incorporate waterway construction into the national economic and social development plan, ensure capital investment, encourage waterway development and utilization, and develop the shipping industry.

This Municipality protects navigation channels and navigation facilities according to law, and no unit or individual may damage or illegally occupy them. Chapter II Planning and Construction Article 7 Waterways are divided into Class I-VII Waterways and Class I Waterways according to navigation standards.

First-to-seventh-class navigation channels are delineated and announced in accordance with relevant state regulations. The overseas waterway shall be put forward by the municipal port management agency and announced after being approved by the municipal traffic administrative department. Article 8 The waterway development plan shall be based on the national economic and social development plan, and be connected with the overall urban and rural planning, the comprehensive water resources basin planning, the flood control planning and the comprehensive traffic planning.

New construction, reconstruction and expansion of waterway shall conform to the waterway development plan. Ninth municipal traffic administrative departments shall solicit the opinions of the municipal development and reform, planning, water conservancy, fisheries, tourism and other departments when preparing the waterway development plan of this Municipality. The waterway development plan was promulgated and implemented after being approved by the Municipal People's Government, and reported to the transportation department of the State Council for the record.

The revision of the waterway development plan shall be handled in accordance with the preparation procedures. Tenth waterway, water conservancy, municipal, fishery, tourism and other projects with joint construction conditions should make overall use of construction funds, taking into account the functions of waterway, water conservancy, municipal, fishery and tourism. , improve the comprehensive benefit of investment. Eleventh waterway construction projects shall be organized and implemented in accordance with the provisions on the administration of engineering capital construction. Twelfth to encourage citizens, legal persons and other organizations to invest in the construction of shipping hubs according to law.

If the shipping hub invested by the transportation department has been put into operation, a certain proportion of the operating income should be used for waterway management. Measures for the collection and management shall be formulated separately by the Municipal People's Government. Chapter III Conservation and Protection Article 13 The port and shipping administration agencies shall formulate and organize the implementation of waterway maintenance plans every year, strengthen the maintenance of waterways and waterway facilities, and keep the waterways in good technical condition.

Port and shipping management agencies shall carry out waterway construction and maintenance operations according to law, including new construction, reconstruction, expansion, survey, dredging, mud throwing, reclamation, obstacle clearing, waterway facilities maintenance and installation of navigation AIDS. No unit or individual may illegally obstruct, interfere with or collect fees, and damage water conservancy and hydropower projects, river-crossing buildings and other facilities, and shall compensate or repair them. Article 14 Ships carrying out waterway maintenance shall set up obvious operation signs and take necessary safety measures, which shall not affect the normal operation of other ships. Fifteenth port management agencies shall, according to the navigation conditions and shipping needs, rationally allocate and adjust the navigation AIDS to ensure that the navigation AIDS are in a normal state.

When the navigation mark is abnormal, the port and shipping management agency shall repair it in time and set up temporary signs before repairing it. Article 16 No unit or individual is allowed to set up objects that affect the efficiency of navigation marks near them, or engage in other activities that affect the efficiency of navigation marks; Except as otherwise provided by laws and regulations, no unit or individual may set up navigation AIDS without the consent of the port and shipping administration. Seventeenth the construction and installation of the following buildings or facilities on the waterway shall conform to the waterway development plan, navigation standards and technical specifications of the waterway:

(1) River dams, hydropower stations and bridges;

(2) Erected or buried trestles, tunnels, aqueducts and various cables and pipelines;

(3) revetment, dike, wharf, ferry, anchorage, barge, culvert, water diversion facilities, pumping station, water intake (drainage) yard and timber yard;

(four) other buildings or facilities that block or cross (cross) the river or face the river.

The construction unit shall obtain the consent of the traffic administrative department before approving the feasibility study report or the project approval and filing; According to the law, it is not necessary to carry out the examination and approval of the project feasibility study report or the approval and filing of the project, and the consent of the traffic administrative department shall be obtained before the project design or construction. Eighteenth construction or installation of buildings or facilities listed in Article seventeenth of these regulations, the construction unit shall submit the following information:

(1) Topographic map of the water area where the building is located (1: 1000 to1:5000);

(two) the plan and elevation of the building;

(3) Other materials that need to be submitted according to navigation and technical requirements.

If the construction of buildings blocking the river, crossing (crossing) the river or facing the river affects the navigation conditions of the waterway, the construction unit shall also submit a demonstration report on the navigation standards and technical requirements of the buildings. When building a bridge, the bridge construction unit shall also submit a plan to prevent the bridge from colliding with the ship.