Regulations of the Shanghai Municipality on Ports
Regulations of the Shanghai Municipality on Ports
Regulations of the Shanghai Municipality on Ports
Announcement of the Standing Committee of the Shanghai Municipal People's Congress No.62
December 29, 2005
Chapter I General Provisions
Article 1 With a view to strengthening the port administration in Shanghai, maintaining the port safety and operational order, protecting the legitimate rights and interests of the parties concerned, promoting the construction and development of ports and pushing forward the building of Shanghai into an international shipping center, these Regulations are formulated on the basis of the "Port Law of the People's Republic of China" and other 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, maintenance, operation and administration of ports and other relevant activities in this Municipality.
Article 3 Shanghai Municipal Harbor Administration (hereinafter referred to as the SMHA) is the competent administrative department for the port administration in Shanghai, responsible for the specific implementation of these Regulations.
The department of the district/county people's government responsible for port administration (hereinafter referred to as the district/county port administration department) shall, according to their functions and duties specified by the Municipal People's Government, administrate the port work in its jurisdiction and accept professional guidance from the SMHA.
The departments of maritime affairs, customs, inspection and quarantine, border inspection in Shanghai and other related administrative departments of this Municipality shall, within the scope of their respective functions and duties, coordinate the implementation of these Regulations.
Article 4 The port administration in Shanghai shall follow the principles of one administration for one port, scientific planning, unified administration and normalized service.
Chapter II Planning and Construction of Ports and Use of Coastlines
Article 5 The Port General Planning of Shanghai shall be drawn up by the SMHA according to laws and be promulgated for implementation after the approval of the competent department of communications under the State Council jointly with the Municipal People's Government. The Port General Planning of Shanghai shall link up and cohere with the relevant plannings including the comprehensive city planning of this Municipality.
The SMHA shall, jointly with the municipal competent administrative department for planning and according to the Port General Planning of Shanghai, draw up the regulatory detailed planning for port areas and promulgate it for implementation upon its approval by the Municipal People's Government.
The construction of port facilities shall meet the requirements set in the Port General Planning of Shanghai and the regulatory detailed planning for port areas. The port facilities shall include the buildings, structures and equipment built and installed for port operation and management.
Article 6 Where the port coastline is to be used for the construction of port facilities, a written application shall be submitted to the SMHA before such project is established. The contents of the application for the use of the port coastline shall include the user of the coastline, and the use scope, time period and function thereof.
Where the non-deep-water coastline is to be used, the SMHA shall, according to the requirements set in the Port General Planning of Shanghai and the regulatory detailed planning for port areas, carry out the examination and approval within 30 days from the date of receiving the application; where the deep-water coastline is to be used, the SMHA shall submit the application to the competent administrative department of communications under the State Council for examination and approval. Where the application is approved after the examination, a port coastline use permit shall be issued to the applicant.
Article 7 The user of the port coastline shall use the port coastline according to the approved scope and use function of the coastline and may not change the use scope and use function of the coastline without authorization. Where there is a proven need to alter the user, use scope and use function of the port coastline, an application shall be submitted to the SMHA and relevant examination and approval procedures shall be gone through according to relevant provisions of these Regulations.
The user of the port coastline who terminates the use of the port coastline, shall go through the cancellation formalities with the SMHA and return the port use permit.
Article 8 Where the port coastline is to be used temporarily for the construction of port facilities or the loading and unloading of cargoes, a written application shall be submitted to the SMHA. The SMHA shall complete the examination and make a decision within 30 days from the date of receiving the application. Where the port coastline is to be used temporarily, no permanent buildings, structures or facilities may be newly built.
The time period for the temporary use of the port coastline may not exceed two years. In case there is a need to extend the time period after the expiration, the extended time period may not exceed one year.
Article 9 The user of the port coastline shall pay fees for the use of the port coastline according to the provisions of the Municipal People's Government.
Article 10 No buildings, structures and facilities that may affect the implementation of the port planning may be newly built in the port areas delimited by the Port General Planning of Shanghai; when examining related construction projects, the competent administrative department of planning shall solicit the opinions from the competent administrative department of port administration.
Article 11 The system of pre-appraisal of safety shall be practiced on the construction of port facilities according to law.
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