Law of the People's Republic of China on the Protection of the Yangtze River
Law of the People's Republic of China on the Protection of the Yangtze River
Law of the People's Republic of China on the Protection of the Yangtze River
Order of the President of the People's Republic of China No. 65
December 26, 2020
The Law of the People's Republic of China on the Protection of the Yangtze River, which was adopted at the 24th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 26, 2020, is hereby promulgated and shall come into effect as of March 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Protection of the Yangtze River
(Adopted at the 24th session of the Standing Committee of the 13th National People's Congress on December 26, 2020)
Table of Contents
Chapter I General Provisions
Chapter II Planning and Control
Chapter III Protection of Resources
Chapter IV Prevention and Control of Water Pollution
Chapter V Restoration of Ecology and the Environment
Chapter VI Green Development
Chapter VII Guarantee and Supervision
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to strengthening the protection and restoration of the ecology and environment in the Yangtze River basin, promoting rational and efficient utilization of resources, ensuring ecological security, achieving harmonious coexistence between man and nature and sustainable development of the Chinese nation.
Article 2 This Law shall apply to the protection and restoration of the ecology and environment as well as all kinds of production, life, development and construction activities in the Yangtze River basin.
For the purpose of this Law, "Yangtze River basin" refers to Qinghai Province, Sichuan Province, Tibet Autonomous Region, Yunnan Province, Chongqing Municipality, Hubei Province, Hunan Province, Jiangxi Province, Anhui Province, Jiangsu Province and Shanghai Municipality, as well as relevant county-level administrative regions of Gansu Province, Shaanxi Province, Henan Province, Guizhou Province, Guangxi Zhuang Autonomous Region, Guangdong Province, Zhejiang Province and Fujian Province involved in catchment areas formed by the trunk, branches and lakes of/along the Yangtze River.
Article 3 In terms of economic and social development of the Yangtze River basin, it is a requirement to adhere to ecological priority and green development while advancing well-coordinated environmental conservation and avoiding excessive development; and in terms of protection of the Yangtze River, it is a requirement to adhere to overall coordination, scientific planning, innovation-driven development and systematic governance.
Article 4 The State shall establish a coordination mechanism for the Yangtze River basin, provide unified guidance for, overall coordinate and deliberate major policies and plans on protection of the Yangtze River, coordinate major matters across regions and departments, and supervise, urge and inspect the implementation of important work on the protection of the Yangtze River.
Article 5 Relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin shall be responsible for the implementation of decisions made under the State's coordination mechanism for the Yangtze River basin and the protection of the Yangtze River by division of duties.
Local people's governments at various levels in the Yangtze River basin shall implement the responsibilities for the protection and restoration of the ecology and environment within their respective administrative regions, the promotion of rational and efficient utilization of resources, the optimization of industrial structure and distribution, and the maintenance of the ecological security of the Yangtze River basin.
Governors of rivers and lakes at all levels in the Yangtze River basin shall be responsible for the relevant work on the protection of the Yangtze River.
Article 6 Relevant localities in the Yangtze River basin shall, in light of needs, establish a collaborative mechanism in terms of formulation of local regulations and government rules, preparation of planning as well as supervision and law enforcement, etc., thus jointly advancing the protection and restoration of the ecology and environment in the Yangtze River basin.
Article 7 Relevant competent departments of ecology and the environment, natural resources, water administration, agriculture and rural affairs as well as standardization under the State Council shall, by division of duties, establish a sound system of standards for water quality, pollutant emission, restoration of ecology and the environment, conservation and intensive utilization of water resources, ecological flow, biodiversity protection, aquaculture and disaster prevention and mitigation, etc., in the Yangtze River basin.
Article 8 The competent department of natural resources under the State Council shall, in collaboration with relevant departments under the State Council, organize surveys on the status of natural resources such as land, minerals, water flow, forest, grassland and wetland in the Yangtze River basin on a regular basis, establish an underlying database of resources, evaluate the carrying capacity of resources and the environment, and announce to the public the status of natural resources in the Yangtze River basin.
The competent department of wildlife conservation under the State Council shall organize a census of the status of wildlife and habitats thereof every ten years, or, in light of needs, organize special surveys, establish wildlife resource archives, and announce to the public the status of wildlife resources in the Yangtze River basin.
The competent department of agriculture and rural affairs under each local people's government at or above the county level in the Yangtze River basin shall, in collaboration with relevant departments under the people's government at the corresponding level, conduct biodiversity surveys of important habitats such as aquatic organism spawning grounds, feeding grounds, wintering grounds and migration channels.
Article 9 Under the State's coordination mechanism for the Yangtze River basin, relevant departments under the State Council shall be coordinated in an overall manner to, on the basis of established stations and monitoring projects, improve the monitoring network system and the monitoring information sharing mechanism for the ecology and environment, resources, hydrology, meteorology, shipping and natural disasters, etc. in the Yangtze River basin.
The relevant departments under the State Council and local people's governments at or above the county level in the Yangtze River basin along with the relevant departments thereunder shall, by division of duties, organize the refinement of the mechanism for reporting and early warning of ecological and environmental risks.
Article 10 The competent department of ecology and the environment under the State Council shall, in collaboration with relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin, establish a sound working mechanism for joint emergency response to ecological and environmental emergencies in the Yangtze River basin to be linked with the State's emergency response system, thus strengthening the emergency management of ecological and environmental emergencies occurring in vessels, ports, mines, chemical plants or tailings reservoirs in the Yangtze River basin.
Article 11 The State shall strengthen the construction of a system for monitoring, forecasting and early warning of, defense against and emergency response to disasters such as floods and droughts, forest and grassland fires, geological disasters and earthquakes as well as recovery and restoration in the Yangtze River basin, thus improving the disaster prevention, mitigation, resistance and relief capacities.
Article 12 Under the State's coordination mechanism for the Yangtze River basin, an expert advisory committee shall be set up with professional institutions and personnel organized to provide professional advices in terms of science and technology, etc., on major development strategies, policies and planning for the Yangtze River basin.
The relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin along with the relevant departments thereunder shall, by division of duties, organize third-party assessment, analysis and demonstration, etc., of the impacts of relevant planning for construction projects, critical infrastructure and industrial distribution in the Yangtze River basin on the ecosystem of the Yangtze River basin.
Article 13 Under the State's coordination mechanism for the Yangtze River basin, the relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin shall be coordinated in an overall manner to establish a sound information sharing system for the Yangtze River basin. The relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin along with the relevant departments thereunder shall, as required, share information on such aspects as ecology and environment, natural resources as well as management and law enforcement in the Yangtze River basin.
Article 14 The relevant departments under the State Council and local people's governments at or above the county level in the Yangtze River basin along with the relevant departments thereunder shall strengthen publicity and education on ecological and environmental protection and green development in the Yangtze River basin.
News media shall, in various forms, conduct publicity and education on ecological and environmental protection and green development in the Yangtze River basin, and supervise illegal acts through public opinion in accordance with the law.
Article 15 The relevant departments under the State Council and local people's governments at or above the county level in the Yangtze River basin along with the relevant departments thereunder shall take measures to protect historical and cultural cities, towns and villages in the Yangtze River basin, strengthen the protection of cultural heritage in the Yangtze River basin, and inherit and carry forward the outstanding characteristic culture in the Yangtze River basin.
Article 16 The State shall encourage and support entities and individuals to participate in the activities of protection and restoration of the ecology and environment, rational utilization of resources and promotion of green development in the Yangtze River basin.
People's governments at or above the county level along with relevant departments thereunder shall, in accordance with pertinent state regulations, commend and reward entities and individuals who have made outstanding contributions to the protection of the Yangtze River.
Chapter II Planning and Control
Article 17 The State shall establish a planning system for the Yangtze River basin under the guidance of national development planning, based on space planning and supported by special and regional planning, give full play to the role of planning in leading, guiding and constraining the advancement of ecological and environmental protection and green development in the Yangtze River basin.
Article 18 The State Council and local people's governments at or above the county level in the Yangtze River basin shall incorporate the protection of the Yangtze River into national economic and social development planning.
The development and reform department under the State Council shall, in collaboration with the relevant departments under the State Council, prepare the development planning for the Yangtze River basin, scientifically make overall arrangements for the ecological and environmental protection and green development of the upper and lower reaches, left and right banks as well as trunk and branches of the Yangtze River basin, and report the same to the State Council for approval prior to the implementation thereof.
The water resources planning and the ecological and environmental protection planning for the Yangtze River basin shall be prepared in accordance with relevant laws and administrative regulations.
Article 19 The competent department of natural resources under the State Council shall, in collaboration with the relevant departments under the State Council, organize the preparation of the land space planning for the Yangtze River basin, make overall arrangements for ecological, agricultural, urban and other functional spaces in the Yangtze River basin in a scientific and orderly manner, delineate red lines for ecological protection as well as permanent basic farmland and urban development boundary lines, optimize the land space structure and layout, guide the task of land space utilization in the Yangtze River basin, and report the same to the State Council for approval prior to the implementation thereof. Special planning involving land space utilization in the Yangtze River basin shall be linked with the land space planning for the Yangtze River basin.
Local people's governments at or above the county level in the Yangtze River basin shall organize the preparation of land space planning for their respective administrative regions, and report the same for approval prior to the implementation thereof in line with prescribed procedures.
Article 20 The State shall exercise control over the use of land space in the Yangtze River basin. The competent department of natural resources under each local people's government at or above the county level in the Yangtze River basin shall, in line with the land space planning, exercise control over the zoning and classified use of land space in the Yangtze River basin under its jurisdiction.
Whoever conducts any land space development and utilization activity in the Yangtze River basin shall comply with the requirements regarding control of land space use and legally obtain planning permission. None of those failing to meet the requirements regarding control over land space use may be granted planning permission by the competent department of natural resources under the relevant people's government at or above the county level.
Article 21 The competent department of water administration under the State Council shall make overall arrangements for the rational allocation, unified dispatching and efficient utilization of water resources in the Yangtze River basin, and organize the implementation of an administrative system for control of the total water intake and use volume as well as the consumption intensity.
The competent department of ecology and the environment under the State Council shall, in line with the targets for improvement of water quality and the requirements for prevention and control of water pollution, determine the control indexes for total volume of key pollutant emissions within provincial-level administrative regions of the Yangtze River basin. Water function zones with water quality exceeding the relevant standards in the Yangtze River basin shall be subject to stricter requirements on the reduction of the total volume of pollutant emissions. Enterprises and public institutions shall, as required, take measures to control the total volume of pollutant emissions.
The competent department of natural resources under the State Council shall be responsible for making overall arrangements for controlling and planning the total volume of new construction land in the Yangtze River basin.
Article 22 Each provincial-level people's government in the Yangtze River basin shall, in light of the ecology and environment and resources utilization status within its administrative region, develop a scheme for zoning control over ecology and the environment and an ecology and environment access list, and report the same to the competent department of ecology and the environment under the State Council for filing prior to the implementation thereof. The scheme for zoning control of ecology and the environment and the ecology and environment access list shall be linked with the land space planning.
The industrial structure and distribution of the Yangtze River basin shall be adapted to the carrying capacity of the ecosystem as well as resources and environment of the Yangtze River basin. It is prohibited to develop any industry which has a serious impact on the ecosystems in the key ecological function zones of the Yangtze River basin or transfer any heavily polluting enterprise or project to the middle and upper reaches of the Yangtze River.
Article 23 The State shall strengthen the management of the development and utilization of waterpower resources in the Yangtze River basin. The construction of any large or medium hydropower station in the Yangtze River basin needed for the national development strategy as well as national economy and people's livelihood shall be subject to scientific demonstration and reported to the State Council or relevant department authorized by the State Council for approval.
Where any small hydropower station already built in the Yangtze River basin fails to meet the ecological protection requirements, the relevant local people's government at or above the county level shall effect classified rectification or take measures for gradual withdrawal.
Article 24 The State shall implement strict protection of the sources of the trunk and major branches of the Yangtze River, and establish nature conservation areas such as national parks, thus protecting the State's ecological security barrier.
Article 25 The competent department of water administration under the State Council shall strengthen the protection of river courses and lakes in the Yangtze River basin. Local people's governments at or above the county level in the Yangtze River basin shall be responsible for delineating the administrative scope of river courses and lakes, and make announcements thereof to the public, implement strict river and lake protection, and prohibit illegal encroachment onto river and lake waters.
Article 26 The State shall exercise special control over river-lake shorelines in the Yangtze River basin. Under the State's coordination mechanism for the Yangtze River basin, the departments of natural resources, water administration, ecology and the environment, housing and urban-rural development, agriculture and rural affairs, transportation, forestry and grassland, etc. under the State Council and provincial-level people's governments in the Yangtze River basin shall be coordinated in an overall manner to delineate the protection scope of river-lake shorelines, develop planning for the protection of river-lake shorelines, strictly control the development and construction of shorelines, and promote the rational and efficient use of shorelines.
It is prohibited to construct or expand any chemical park or chemical project within one kilometer of trunk or branch shoreline along the Yangtze River.
It is prohibited to construct, renovate or expand any tailings reservoir within three kilometers of the trunk shoreline or one kilometer of any major branch shoreline along the Yangtze River, except for renovation with the aim to improve the security and ecological and environmental protection level.
Article 27 The competent department of transportation under the State Council shall, in collaboration with the competent departments of natural resources, water administration, ecology and the environment, agriculture and rural affairs, forestry and grassland under the State Council, scientifically delineate navigation-forbidden areas and navigation-restricted areas in important habitats of aquatic organisms in the Yangtze River basin.
No vessel may navigate within any delineated navigation-forbidden area. Navigation within any navigation-forbidden area in an important habitat of aquatic organisms needed for the national development strategy as well as national economy and people's livelihood shall be subject to the consent of the competent department of transportation under the State Council in consultation with the competent department of agriculture and rural affairs under the State Council with the necessary measures being taken to reduce interference with important aquatic organisms.
Implementation of any navigation channel rectification engineering is strictly restricted in the waters within red lines for ecological protection, nature conservation areas or important habitats of aquatic organisms in the Yangtze River basin; and where definitely required, the rectification shall be subject to scientific demonstration with the relevant formalities legally gone through.
Article 28 The State shall establish a planning and permission system for sand mining in river courses of the Yangtze River basin. Whoever carries out sand mining in any river course of the Yangtze River basin shall legally obtain permission from the relevant basin administrative authority of the competent department of water administration under the State Council or the competent department of water administration under the relevant local people's government at or above the county level.
The relevant basin administrative authority of the competent department of water administration under the State Council and local people's governments at or above the county level in the Yangtze River basin shall legally delineate sand mining-forbidden areas and periods, and strictly control the sand-mining areas, total sand-mining volume and number of sand-mining vessels in the sand-mining areas. It is prohibited to carry out sand mining activities in any sand mining-forbidden area or during any sand-mining-forbidden period in the Yangtze River basin.
The competent department of water administration under the State Council shall, in collaboration with the relevant departments under the State Council, organize local people's governments concerned in the Yangtze River basin along with relevant departments thereunder to carry out joint law enforcement against illegal sand mining in river courses of the Yangtze River basin.
Chapter III Protection of Resources
Article 29 In terms of the protection and utilization of water resources in the Yangtze River basin, it is a requirement to, in line with the comprehensive basin planning, give priority to meeting the domestic water use of urban and rural residents, ensure the basic ecological water use, and make overall arrangements for agricultural and industrial water use as well as shipping demands.
Article 30 The relevant basin administrative authority of the competent department of water administration under the State Council shall, in consultation with provincial-level people's governments in the Yangtze River basin, legally develop a scheme for cross-provincial distribution of river water yield and report the same to the State Council or relevant department authorized by the State Council for approval prior to the implementation thereof.
......
Order of the President of the People's Republic of China No. 65
December 26, 2020
The Law of the People's Republic of China on the Protection of the Yangtze River, which was adopted at the 24th session of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 26, 2020, is hereby promulgated and shall come into effect as of March 1, 2021.
Xi Jinping, President of the People's Republic of China
Law of the People's Republic of China on the Protection of the Yangtze River
(Adopted at the 24th session of the Standing Committee of the 13th National People's Congress on December 26, 2020)
Table of Contents
Chapter I General Provisions
Chapter II Planning and Control
Chapter III Protection of Resources
Chapter IV Prevention and Control of Water Pollution
Chapter V Restoration of Ecology and the Environment
Chapter VI Green Development
Chapter VII Guarantee and Supervision
Chapter VIII Legal Liability
Chapter IX Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted with a view to strengthening the protection and restoration of the ecology and environment in the Yangtze River basin, promoting rational and efficient utilization of resources, ensuring ecological security, achieving harmonious coexistence between man and nature and sustainable development of the Chinese nation.
Article 2 This Law shall apply to the protection and restoration of the ecology and environment as well as all kinds of production, life, development and construction activities in the Yangtze River basin.
For the purpose of this Law, "Yangtze River basin" refers to Qinghai Province, Sichuan Province, Tibet Autonomous Region, Yunnan Province, Chongqing Municipality, Hubei Province, Hunan Province, Jiangxi Province, Anhui Province, Jiangsu Province and Shanghai Municipality, as well as relevant county-level administrative regions of Gansu Province, Shaanxi Province, Henan Province, Guizhou Province, Guangxi Zhuang Autonomous Region, Guangdong Province, Zhejiang Province and Fujian Province involved in catchment areas formed by the trunk, branches and lakes of/along the Yangtze River.
Article 3 In terms of economic and social development of the Yangtze River basin, it is a requirement to adhere to ecological priority and green development while advancing well-coordinated environmental conservation and avoiding excessive development; and in terms of protection of the Yangtze River, it is a requirement to adhere to overall coordination, scientific planning, innovation-driven development and systematic governance.
Article 4 The State shall establish a coordination mechanism for the Yangtze River basin, provide unified guidance for, overall coordinate and deliberate major policies and plans on protection of the Yangtze River, coordinate major matters across regions and departments, and supervise, urge and inspect the implementation of important work on the protection of the Yangtze River.
Article 5 Relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin shall be responsible for the implementation of decisions made under the State's coordination mechanism for the Yangtze River basin and the protection of the Yangtze River by division of duties.
Local people's governments at various levels in the Yangtze River basin shall implement the responsibilities for the protection and restoration of the ecology and environment within their respective administrative regions, the promotion of rational and efficient utilization of resources, the optimization of industrial structure and distribution, and the maintenance of the ecological security of the Yangtze River basin.
Governors of rivers and lakes at all levels in the Yangtze River basin shall be responsible for the relevant work on the protection of the Yangtze River.
Article 6 Relevant localities in the Yangtze River basin shall, in light of needs, establish a collaborative mechanism in terms of formulation of local regulations and government rules, preparation of planning as well as supervision and law enforcement, etc., thus jointly advancing the protection and restoration of the ecology and environment in the Yangtze River basin.
Article 7 Relevant competent departments of ecology and the environment, natural resources, water administration, agriculture and rural affairs as well as standardization under the State Council shall, by division of duties, establish a sound system of standards for water quality, pollutant emission, restoration of ecology and the environment, conservation and intensive utilization of water resources, ecological flow, biodiversity protection, aquaculture and disaster prevention and mitigation, etc., in the Yangtze River basin.
Article 8 The competent department of natural resources under the State Council shall, in collaboration with relevant departments under the State Council, organize surveys on the status of natural resources such as land, minerals, water flow, forest, grassland and wetland in the Yangtze River basin on a regular basis, establish an underlying database of resources, evaluate the carrying capacity of resources and the environment, and announce to the public the status of natural resources in the Yangtze River basin.
The competent department of wildlife conservation under the State Council shall organize a census of the status of wildlife and habitats thereof every ten years, or, in light of needs, organize special surveys, establish wildlife resource archives, and announce to the public the status of wildlife resources in the Yangtze River basin.
The competent department of agriculture and rural affairs under each local people's government at or above the county level in the Yangtze River basin shall, in collaboration with relevant departments under the people's government at the corresponding level, conduct biodiversity surveys of important habitats such as aquatic organism spawning grounds, feeding grounds, wintering grounds and migration channels.
Article 9 Under the State's coordination mechanism for the Yangtze River basin, relevant departments under the State Council shall be coordinated in an overall manner to, on the basis of established stations and monitoring projects, improve the monitoring network system and the monitoring information sharing mechanism for the ecology and environment, resources, hydrology, meteorology, shipping and natural disasters, etc. in the Yangtze River basin.
The relevant departments under the State Council and local people's governments at or above the county level in the Yangtze River basin along with the relevant departments thereunder shall, by division of duties, organize the refinement of the mechanism for reporting and early warning of ecological and environmental risks.
Article 10 The competent department of ecology and the environment under the State Council shall, in collaboration with relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin, establish a sound working mechanism for joint emergency response to ecological and environmental emergencies in the Yangtze River basin to be linked with the State's emergency response system, thus strengthening the emergency management of ecological and environmental emergencies occurring in vessels, ports, mines, chemical plants or tailings reservoirs in the Yangtze River basin.
Article 11 The State shall strengthen the construction of a system for monitoring, forecasting and early warning of, defense against and emergency response to disasters such as floods and droughts, forest and grassland fires, geological disasters and earthquakes as well as recovery and restoration in the Yangtze River basin, thus improving the disaster prevention, mitigation, resistance and relief capacities.
Article 12 Under the State's coordination mechanism for the Yangtze River basin, an expert advisory committee shall be set up with professional institutions and personnel organized to provide professional advices in terms of science and technology, etc., on major development strategies, policies and planning for the Yangtze River basin.
The relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin along with the relevant departments thereunder shall, by division of duties, organize third-party assessment, analysis and demonstration, etc., of the impacts of relevant planning for construction projects, critical infrastructure and industrial distribution in the Yangtze River basin on the ecosystem of the Yangtze River basin.
Article 13 Under the State's coordination mechanism for the Yangtze River basin, the relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin shall be coordinated in an overall manner to establish a sound information sharing system for the Yangtze River basin. The relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin along with the relevant departments thereunder shall, as required, share information on such aspects as ecology and environment, natural resources as well as management and law enforcement in the Yangtze River basin.
Article 14 The relevant departments under the State Council and local people's governments at or above the county level in the Yangtze River basin along with the relevant departments thereunder shall strengthen publicity and education on ecological and environmental protection and green development in the Yangtze River basin.
News media shall, in various forms, conduct publicity and education on ecological and environmental protection and green development in the Yangtze River basin, and supervise illegal acts through public opinion in accordance with the law.
Article 15 The relevant departments under the State Council and local people's governments at or above the county level in the Yangtze River basin along with the relevant departments thereunder shall take measures to protect historical and cultural cities, towns and villages in the Yangtze River basin, strengthen the protection of cultural heritage in the Yangtze River basin, and inherit and carry forward the outstanding characteristic culture in the Yangtze River basin.
Article 16 The State shall encourage and support entities and individuals to participate in the activities of protection and restoration of the ecology and environment, rational utilization of resources and promotion of green development in the Yangtze River basin.
People's governments at or above the county level along with relevant departments thereunder shall, in accordance with pertinent state regulations, commend and reward entities and individuals who have made outstanding contributions to the protection of the Yangtze River.
Chapter II Planning and Control
Article 17 The State shall establish a planning system for the Yangtze River basin under the guidance of national development planning, based on space planning and supported by special and regional planning, give full play to the role of planning in leading, guiding and constraining the advancement of ecological and environmental protection and green development in the Yangtze River basin.
Article 18 The State Council and local people's governments at or above the county level in the Yangtze River basin shall incorporate the protection of the Yangtze River into national economic and social development planning.
The development and reform department under the State Council shall, in collaboration with the relevant departments under the State Council, prepare the development planning for the Yangtze River basin, scientifically make overall arrangements for the ecological and environmental protection and green development of the upper and lower reaches, left and right banks as well as trunk and branches of the Yangtze River basin, and report the same to the State Council for approval prior to the implementation thereof.
The water resources planning and the ecological and environmental protection planning for the Yangtze River basin shall be prepared in accordance with relevant laws and administrative regulations.
Article 19 The competent department of natural resources under the State Council shall, in collaboration with the relevant departments under the State Council, organize the preparation of the land space planning for the Yangtze River basin, make overall arrangements for ecological, agricultural, urban and other functional spaces in the Yangtze River basin in a scientific and orderly manner, delineate red lines for ecological protection as well as permanent basic farmland and urban development boundary lines, optimize the land space structure and layout, guide the task of land space utilization in the Yangtze River basin, and report the same to the State Council for approval prior to the implementation thereof. Special planning involving land space utilization in the Yangtze River basin shall be linked with the land space planning for the Yangtze River basin.
Local people's governments at or above the county level in the Yangtze River basin shall organize the preparation of land space planning for their respective administrative regions, and report the same for approval prior to the implementation thereof in line with prescribed procedures.
Article 20 The State shall exercise control over the use of land space in the Yangtze River basin. The competent department of natural resources under each local people's government at or above the county level in the Yangtze River basin shall, in line with the land space planning, exercise control over the zoning and classified use of land space in the Yangtze River basin under its jurisdiction.
Whoever conducts any land space development and utilization activity in the Yangtze River basin shall comply with the requirements regarding control of land space use and legally obtain planning permission. None of those failing to meet the requirements regarding control over land space use may be granted planning permission by the competent department of natural resources under the relevant people's government at or above the county level.
Article 21 The competent department of water administration under the State Council shall make overall arrangements for the rational allocation, unified dispatching and efficient utilization of water resources in the Yangtze River basin, and organize the implementation of an administrative system for control of the total water intake and use volume as well as the consumption intensity.
The competent department of ecology and the environment under the State Council shall, in line with the targets for improvement of water quality and the requirements for prevention and control of water pollution, determine the control indexes for total volume of key pollutant emissions within provincial-level administrative regions of the Yangtze River basin. Water function zones with water quality exceeding the relevant standards in the Yangtze River basin shall be subject to stricter requirements on the reduction of the total volume of pollutant emissions. Enterprises and public institutions shall, as required, take measures to control the total volume of pollutant emissions.
The competent department of natural resources under the State Council shall be responsible for making overall arrangements for controlling and planning the total volume of new construction land in the Yangtze River basin.
Article 22 Each provincial-level people's government in the Yangtze River basin shall, in light of the ecology and environment and resources utilization status within its administrative region, develop a scheme for zoning control over ecology and the environment and an ecology and environment access list, and report the same to the competent department of ecology and the environment under the State Council for filing prior to the implementation thereof. The scheme for zoning control of ecology and the environment and the ecology and environment access list shall be linked with the land space planning.
The industrial structure and distribution of the Yangtze River basin shall be adapted to the carrying capacity of the ecosystem as well as resources and environment of the Yangtze River basin. It is prohibited to develop any industry which has a serious impact on the ecosystems in the key ecological function zones of the Yangtze River basin or transfer any heavily polluting enterprise or project to the middle and upper reaches of the Yangtze River.
Article 23 The State shall strengthen the management of the development and utilization of waterpower resources in the Yangtze River basin. The construction of any large or medium hydropower station in the Yangtze River basin needed for the national development strategy as well as national economy and people's livelihood shall be subject to scientific demonstration and reported to the State Council or relevant department authorized by the State Council for approval.
Where any small hydropower station already built in the Yangtze River basin fails to meet the ecological protection requirements, the relevant local people's government at or above the county level shall effect classified rectification or take measures for gradual withdrawal.
Article 24 The State shall implement strict protection of the sources of the trunk and major branches of the Yangtze River, and establish nature conservation areas such as national parks, thus protecting the State's ecological security barrier.
Article 25 The competent department of water administration under the State Council shall strengthen the protection of river courses and lakes in the Yangtze River basin. Local people's governments at or above the county level in the Yangtze River basin shall be responsible for delineating the administrative scope of river courses and lakes, and make announcements thereof to the public, implement strict river and lake protection, and prohibit illegal encroachment onto river and lake waters.
Article 26 The State shall exercise special control over river-lake shorelines in the Yangtze River basin. Under the State's coordination mechanism for the Yangtze River basin, the departments of natural resources, water administration, ecology and the environment, housing and urban-rural development, agriculture and rural affairs, transportation, forestry and grassland, etc. under the State Council and provincial-level people's governments in the Yangtze River basin shall be coordinated in an overall manner to delineate the protection scope of river-lake shorelines, develop planning for the protection of river-lake shorelines, strictly control the development and construction of shorelines, and promote the rational and efficient use of shorelines.
It is prohibited to construct or expand any chemical park or chemical project within one kilometer of trunk or branch shoreline along the Yangtze River.
It is prohibited to construct, renovate or expand any tailings reservoir within three kilometers of the trunk shoreline or one kilometer of any major branch shoreline along the Yangtze River, except for renovation with the aim to improve the security and ecological and environmental protection level.
Article 27 The competent department of transportation under the State Council shall, in collaboration with the competent departments of natural resources, water administration, ecology and the environment, agriculture and rural affairs, forestry and grassland under the State Council, scientifically delineate navigation-forbidden areas and navigation-restricted areas in important habitats of aquatic organisms in the Yangtze River basin.
No vessel may navigate within any delineated navigation-forbidden area. Navigation within any navigation-forbidden area in an important habitat of aquatic organisms needed for the national development strategy as well as national economy and people's livelihood shall be subject to the consent of the competent department of transportation under the State Council in consultation with the competent department of agriculture and rural affairs under the State Council with the necessary measures being taken to reduce interference with important aquatic organisms.
Implementation of any navigation channel rectification engineering is strictly restricted in the waters within red lines for ecological protection, nature conservation areas or important habitats of aquatic organisms in the Yangtze River basin; and where definitely required, the rectification shall be subject to scientific demonstration with the relevant formalities legally gone through.
Article 28 The State shall establish a planning and permission system for sand mining in river courses of the Yangtze River basin. Whoever carries out sand mining in any river course of the Yangtze River basin shall legally obtain permission from the relevant basin administrative authority of the competent department of water administration under the State Council or the competent department of water administration under the relevant local people's government at or above the county level.
The relevant basin administrative authority of the competent department of water administration under the State Council and local people's governments at or above the county level in the Yangtze River basin shall legally delineate sand mining-forbidden areas and periods, and strictly control the sand-mining areas, total sand-mining volume and number of sand-mining vessels in the sand-mining areas. It is prohibited to carry out sand mining activities in any sand mining-forbidden area or during any sand-mining-forbidden period in the Yangtze River basin.
The competent department of water administration under the State Council shall, in collaboration with the relevant departments under the State Council, organize local people's governments concerned in the Yangtze River basin along with relevant departments thereunder to carry out joint law enforcement against illegal sand mining in river courses of the Yangtze River basin.
Chapter III Protection of Resources
Article 29 In terms of the protection and utilization of water resources in the Yangtze River basin, it is a requirement to, in line with the comprehensive basin planning, give priority to meeting the domestic water use of urban and rural residents, ensure the basic ecological water use, and make overall arrangements for agricultural and industrial water use as well as shipping demands.
Article 30 The relevant basin administrative authority of the competent department of water administration under the State Council shall, in consultation with provincial-level people's governments in the Yangtze River basin, legally develop a scheme for cross-provincial distribution of river water yield and report the same to the State Council or relevant department authorized by the State Council for approval prior to the implementation thereof.
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