Yellow River Protection Law of the People's Republic of China
Yellow River Protection Law of the People's Republic of China
Yellow River Protection Law of the People's Republic of China
Order of the President of the People's Republic of China No. 123
October 30, 2022
The Yellow River Protection Law of the People's Republic of China, which has been adopted at the 37th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 30, 2022, is hereby promulgated and shall come into force as of April 1, 2023.
Xi Jinping President of the People's Republic of China
Yellow River Protection Law of the People's Republic of China
(Adopted at the 37th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 30, 2022)
Chapter I General Provisions
Chapter II Planning and Control
Chapter III Ecological Protection and Restoration
Chapter IV Conservation and Efficient Utilization of Water Resources
Chapter V Water and Sediment Control and Flood Control
Chapter VI Pollution Prevention and Control
Chapter VII Promoting High-Quality Development
Chapter VIII Protecting, Passing Down and Promoting Yellow River Culture
Chapter IX Guarantee and Supervision
Chapter X Legal Liability
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to strengthen ecological and environmental protection in the Yellow River Basin, strengthen flood control in this area, promote the conservation and efficient utilization of water resources, advance high-quality development, protect, pass down and promote Yellow River culture, ensure harmony between humans and nature, and achieve the sustainable development of the Chinese nation.
Article 2 This Law applies to all kinds of activities for ecological protection and high-quality development in the Yellow River Basin. If this Law is silent, the provisions of other relevant laws shall apply.
The Yellow River Basin referred to in this Law covers the county-level administrative areas of Qinghai Province, Sichuan Province, Gansu Province, the Ningxia Hui Autonomous Region, the Inner Mongolia Autonomous Region, and Shanxi Province, Shaanxi Province, Henan Province and Shandong Province in the catchment area formed by the main stream, tributaries and lakes of the Yellow River.
Article 3 The work of ecological protection and high-quality development in the Yellow River Basin shall be conducted under the leadership of the Communist Party of China, meet the requirements to focus on protection and governance, strengthen pollution prevention and control, and embrace the principles of prioritizing ecological protection, pursuing green development, promoting development based on conditions of water resources, paying more attention to water conservation, adopting different policies for different fields based on local conditions, making overall plans and advancing them in a collaborative way.
Article 4 The state establishes an overall coordination mechanism for ecological protection and high-quality development in the Yellow River Basin (hereinafter referred to as the "Yellow River Basin Overall Coordination Mechanism") to provide comprehensive guidance and overall coordination for ecological protection and high-quality development in the Yellow River Basin, review major policies, plans, and projects related to the Yellow River Basin, coordinate major issues across regions and departments, and supervise and inspect the implementation of relevant important works.
The provinces and autonomous regions in the Yellow River Basin may, as needed, establish province-level coordination mechanisms to organize and coordinate ecological protection and high-quality development within their respective administrative areas.
Article 5 The relevant departments under the State Council shall, in accordance with the division of responsibilities, take charge of the relevant work related to ecological protection and high-quality development in the Yellow River Basin.
The Yellow River Conservancy Commission of the department in charge of water resources under the State Council (hereinafter referred to as the "Yellow River Basin Administrative Authority") and its subordinate administrative agencies shall perform their water resources supervision and administration duties in the Yellow River Basin in accordance with the law and provide support for the work concerning the Yellow River Basin Overall Coordination Mechanism.
The Yellow River Basin Eco-Environmental Supervision and Administration Authority of the department in charge of ecology and environment under the State Council (hereinafter referred to as the "Yellow River Basin Eco-Environmental Supervision and Administration Authority") shall conduct eco-environmental supervision and administration in the Yellow River Basin in accordance with the law.
Article 6 The local people's governments at or above the county level in the Yellow River Basin shall be responsible for ecological protection and high-quality development within their respective administrative areas.
The relevant departments of the local people's governments at or above the county level in the Yellow River Basin shall, in accordance with the division of responsibilities, take charge of the relevant work related to ecological protection and high-quality development of the Yellow River Basin within their respective administrative areas.
The relevant local authorities in the Yellow River Basin shall, based on their needs, strengthen coordination with each other for the formulation of local regulations, local government rules, local plans, and supervision and law enforcement, etc., so as to advance ecological protection and high-quality development in the Yellow River Basin in a collaborative way.
An inter-provincial joint meeting of river and lake chiefs shall be established in the Yellow River Basin. River or lake chiefs at all levels shall take charge of river or lake management and protection.
Article 7 Departments under the State Council respectively in charge of water resources, ecology and environment, natural resources, housing and urban-rural development, agriculture and rural affairs, development and reform, emergency management, forestry and grassland, culture and tourism, and standardization, etc. shall, in accordance with the division of responsibilities, establish sound standards for the conservation and efficient use of water resources, water and sediment control, flood control and drought relief, soil and water conservation, hydrology, water environment quality, pollutant discharge, ecological protection and restoration, survey, monitoring and evaluation of natural resources, biodiversity conservation, and cultural heritage protection in the Yellow River Basin.
Article 8 The state shall implement a rigid restriction system on the use of water resources in the Yellow River Basin, persist in planning urban development, land use, population, and production based on water availability, improve the development and protection of territorial space, promote the scientific and reasonable distribution of population and cities, and develop modern industries compatible with the carrying capacity of water resources.
The local people's governments at or above the county level in the Yellow River Basin shall organize the implementation of the rigid restriction system on the use of water resources within their respective administrative areas in accordance with the relevant regulations issued by the state.
Article 9 The state shall improve water conservation and water efficiency in agriculture, strengthen water conservation and emission reduction in industry, and enhance water conservation and loss reduction in urban areas, encourage and promote the use of advanced water-saving technologies to accelerate the adoption of a water-saving production mode and lifestyle, effectively conserve and efficiently use water resources, and build a water-saving society.
Article 10 The state shall coordinate the development of flood control systems along the main stream and tributaries of the Yellow River, enhance the synergy of intra-basin and inter-basin flood control systems, promote the coordinated efforts by the upper, middle, and lower reaches of the Yellow River in flood control, drought relief and ice jam flood control, build a sound and efficient comprehensive system for flood control and disaster risk reduction, and organize the assessment in due time, in order to effectively enhance the capacity of the Yellow River Basin to prevent and control flood, waterlogging, and other disasters.
Article 11 The department in charge of natural resources under the State Council shall, in conjunction with other relevant departments under the State Council, regularly organize surveys of natural resources such as land, minerals, water flows, forests, grasslands and wetlands in the Yellow River Basin, establish a resources database, evaluate resource carrying capacity and environmental capacity, and keep the public abreast of the natural resources condition in the Yellow River Basin.
The department in charge of wildlife protection under the State Council shall regularly organize surveys of wildlife and their habitats in the Yellow River Basin or organize special surveys as needed, establish wildlife resource files, and keep the public abreast of the wildlife resources condition in the Yellow River Basin.
The department in charge of ecology and environment under the State Council shall regularly organize assessments of ecological conditions in the Yellow River Basin and keep the public abreast of the ecological condition in the Yellow River Basin.
The department in charge of forestry and grassland under the State Council shall, in conjunction with other relevant departments under the State Council, organize surveys and monitoring of the land desertification in the Yellow River Basin, and publicize the results thereof on a regular basis.
The department in charge of water resources under the State Council shall organize surveys and monitoring of soil erosion in the Yellow River Basin and publicize the results thereof on a regular basis.
Article 12 The Yellow River Basin Overall Coordination Mechanism shall coordinate relevant departments under the State Council and the people's governments at the provincial level in the Yellow River Basin to improve the monitoring networks for the ecology and environment, natural resources, hydrology, sediment, desertification, soil and water conservation, natural disasters and meteorology in the Yellow River Basin on the basis of the existing monitoring stations and projects.
The relevant departments under the State Council, the local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall, in accordance with the division of responsibilities, improve the eco-environmental risk report and early warning mechanisms.
Article 13 The state shall strengthen the prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, and post-disaster recovery and reconstruction systems for natural disasters in the Yellow River Basin, maintain the safety of relevant projects and facilities, and control, mitigate and eliminate hazards caused by natural disasters.
The department in charge of ecology and environment under the State Council shall, in conjunction with the relevant departments under the State Council and the people's governments at the provincial level in the Yellow River Basin, establish a sound joint ecological and environmental emergency response mechanism for the Yellow River Basin as part of the national emergency response system, to strengthen the ecological and environmental incident response.
In case of severe droughts, the flow rate at provincial boundaries or key sites dropping down to a low-flow alert level, reservoir operation failures, major water pollution events, or the like that may cause a water supply crisis or the drying up of the Yellow River, the Yellow River Basin Administrative Authority shall organize emergency water diversion.
Article 14 The Yellow River Basin Coordination Mechanism shall establish an expert advisory committee for ecological protection and high-quality development of the Yellow River Basin to provide professional consultation on major policies, plans, projects and scientific and technological issues concerning the Yellow River Basin.
The relevant departments under the State Council and the provincial people's governments in the Yellow River Basin and their relevant departments shall, in accordance with the division of responsibilities, organize third-party assessment, analysis and demonstration of impacts on the ecosystems of the Yellow River Basin by construction projects, plans for important infrastructure and industry layout.
Article 15 The Yellow River Basin Coordination Mechanism shall coordinate the efforts of the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin to establish a sound Yellow River Basin information sharing system, and organize the development of a smart Yellow River information sharing platform in order to make its management more scientific. The relevant departments of the State Council and the provincial people's governments in the Yellow River Basin and their relevant departments shall share information on the ecology and environment, natural resources, soil and water conservation, flood control, administration and law enforcement in the Yellow River Basin in accordance with the relevant state regulations.
Article 16 The state encourages and supports research on major scientific and technological problems on ecological protection and restoration, conservation and efficient use of water resources, sediment movement as well as water and sediment management and control, desertification prevention and control, comprehensive use of sediment, river dynamics and riverbed evolution, soil and water conservation, hydrology, climate, and pollution prevention and control in the Yellow River Basin, strengthens innovation through collaboration, advances research on key technologies, extends the application of advanced and applicable technologies and gives better play to the role of technological innovation.
Article 17 The state shall strengthen efforts to protect, pass down and promote Yellow River culture, systematically protect the cultural heritage of the Yellow River, study the development of Yellow River culture, elaborate on the spirit of the Yellow River culture and its relevance to the present times, and forge a strong sense of community for the Chinese nation.
Article 18 The relevant departments under the State Council and the local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall strengthen the publicity and education on ecological protection and high-quality development in the Yellow River Basin.
The news media shall publicize and report ecological protection and high-quality development in the Yellow River Basin in various forms, and conduct public oversight on illegal acts in accordance with the law.
Article 19 The state encourages and supports entities and individuals to participate in activities for ecological protection and high-quality development in the Yellow River Basin.
Entities and individuals that have made outstanding contributions to ecological protection and high-quality development in the Yellow River Basin shall be commended and awarded in accordance with the relevant regulations stipulated by the state.
Chapter II Planning and Control
Article 20 The state establishes a planning system for the Yellow River Basin that is guided by the national development plan, based on the spacial plans, and supported by special and regional plans, and gives play to the leading, guiding, and binding role of planning to promote ecological protection and high-quality development in the Yellow River Basin.
Article 21 The State Council and the local people's governments at or above the county level in the Yellow River Basin shall incorporate ecological protection and high-quality development in the Yellow River Basin into their economic and social development plans.
The development and reform department under the State Council shall, in conjunction with relevant departments under the State Council, formulate a plan for ecological protection and high-quality development in the Yellow River Basin, and implement it with the approval of the State Council.
Article 22 The department in charge of natural resources under the State Council shall, in conjunction with the relevant departments under the State Council, organize the preparation of a land and space plan for the Yellow River Basin to make scientific and orderly overall arrangements for agricultural, ecological, urban and other functional spaces in the Yellow River Basin, delimit permanent basic farmland, ecological protection redlines, and urban area boundaries, improve the land and space structure and layout, and take overall control of the land and space utilization tasks in the Yellow River Basin; and it shall implement the plan with the approval of the State Council. Special plans involving the use of land and space in the Yellow River Basin shall be coordinated with the land and space plan for the Yellow River Basin.
The local people's governments at or above the county level in the Yellow River Basin shall organize the preparation of the land and space plans of their respective administrative areas, and implement them after they are approved in accordance with the prescribed procedures.
Article 23 The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin, formulate comprehensive plans, water resources plans, and flood control plans and other plans for the Yellow River Basin in accordance with the law and the principles of unified planning, management and diversion, to make arrangements for the conservation, protection, development and utilization of water resources and the prevention and control of water hazards.
Plans for ecological and environmental protection in the Yellow River Basin, among others, shall be formulated in accordance with the relevant provisions of laws and administrative regulations.
Article 24 The formulation of the plans for national economic and social development, the master land and space plans, and major industrial policies shall be compatible with the conditions of water resources and the requirements for flood control in the Yellow River Basin, and be subject to scientific feasibility studies.
Where any special plan for the development of industry, agriculture, livestock industry, forestry and grassland, energy, transportation, tourism, natural resources, etc. or any plan for development zones or new areas in the Yellow River Basin, involves the development and utilization of water resources, it shall be subject to feasibility studies of water resources. Authorities having the power to examine and approve such plans may not approve any plan that has not undergone such studies or fails to meet the index for the mandatory restriction and control of water resources use.
Article 25 The state exercises strict control over the use of land and space in the Yellow River Basin. The department in charge of natural resources of the local people's governments at or above the county level in the Yellow River Basin shall, in accordance with the land and space plans, manage the land and space in the Yellow River Basin according to different zoning and classes.
Land and space development and utilization activities in the Yellow River Basin shall comply with the requirements for land and space use control, and planning permission shall be obtained in accordance with the law for these activities.
Occupation of the permanent basic farmland in violation of the relevant regulations stipulated by the state and without the approval of the State Council shall be prohibited. Occupation of cultivated land for non-agricultural purposes without authorization shall be prohibited. Conversion of cultivated land into forest land, grassland, garden land or any other type of agricultural land shall be strictly controlled.
The local people's governments at or above the county level in the Yellow River Basin shall strictly control the construction of new artificial waterscapes in the Yellow River Basin in such forms as artificial lakes and artificial wetlands, while the Yellow River Basin Coordination Mechanism shall organize relevant departments to strengthen the supervision and administration thereof.
Article 26 The provincial people's governments in the Yellow River Basin shall, based on the ecology, environment and resource utilization in their respective administrative areas, prepare ecological and environmental zoning control plans and ecological and environmental permit lists in accordance with the requirements for ecological protection redlines, the environmental quality bottom line and the upper limit for resource utilization, and implement them after reporting to the department in charge of ecology and environment under the State Council for the record. Such control plans and access lists shall be coordinated with the spacial plans.
It is forbidden to construct or expand chemical parks and chemical projects within the control scopes from the shorelines of the main stream and tributaries of the Yellow River. It is forbidden to construct, reconstruct, or expand tailings ponds within the control scopes from the shorelines of the main stream or important tributaries of the Yellow River, except for the reconstruction for the purpose of enhancing safety or ecological and environmental protection.
The catalogue of the main stream and tributaries of the Yellow River and the control scopes from their shorelines shall be determined and published by the departments in charge of water resources, natural resources, and ecology and environment under the State Council in accordance with the division of their duties and in conjunction with the provincial people's governments in the Yellow River Basin.
Article 27 The hydropower development in the Yellow River Basin shall be subject to scientific feasibility studies and comply with the national development plans, the comprehensive plans for the Basin and the requirements of ecological protection. Where small hydropower projects that have been built in the Yellow River Basin fail to meet the requirements for ecological protection, the local people's governments at or above the county level shall organize classified rectification or take measures to gradually phase them out.
Article 28 The Yellow River Basin Administrative Authority shall coordinate the goals of flood control and silt reduction, urban and rural water supply, ecological protection, irrigation water use, hydropower generation, etc., build an integrated coordination system for water resources, water and sediment, and flood and ice jam flood control, conduct a unified operation of water controlling projects along the main stream and tributaries of the Yellow River, ensure water safety in the Basin and give full play to the comprehensive benefits of water resources.
Chapter III Ecological Protection and Restoration
Article 29 The state shall strengthen ecological protection and restoration in the Yellow River Basin, adhere to a holistic approach to protect and restore mountains, rivers, forests, farmlands, lakes, grasslands and deserts, and conduct systematic restoration that focuses on natural restoration and combines natural restoration with assisted restoration.
The department in charge of natural resources under the State Council shall, in conjunction with the relevant departments under the State Council, formulate plans for the ecological restoration of the land and space in the Yellow River Basin, organize the implementation of major ecological restoration projects, and coordinate and promote ecological protection and restoration in the Yellow River Basin.
Article 30 The state shall strengthen the protection of water source conservation areas of the Yellow River, as well as the glaciers on snow-capped mountains, plateau permafrost, alpine meadows, grasslands, wetlands, deserts, spring areas, etc., which serve as the sources of the main stream and tributaries of the Yellow River or are in its water source conservation areas.
It is forbidden to carry out mining, sand mining, fishing and other activities within the management areas for the rivers and lakes in the upper reaches of the Yellow River, such as the Yueguzongliequ, Gyaring Lake, Ngoring Lake, and the Madoi River-Lake Cluster, so as to maintain the natural state of the rivers and lakes.
Article 31 The State Council and the provincial people's governments in the Yellow River Basin shall, in accordance with the law, delimit public welfare forests in key ecological function areas and ecologically fragile areas, and implement strict management and protection thereof.
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Order of the President of the People's Republic of China No. 123
October 30, 2022
The Yellow River Protection Law of the People's Republic of China, which has been adopted at the 37th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 30, 2022, is hereby promulgated and shall come into force as of April 1, 2023.
Xi Jinping President of the People's Republic of China
Yellow River Protection Law of the People's Republic of China
(Adopted at the 37th Meeting of the Standing Committee of the Thirteenth National People's Congress on October 30, 2022)
Chapter I General Provisions
Chapter II Planning and Control
Chapter III Ecological Protection and Restoration
Chapter IV Conservation and Efficient Utilization of Water Resources
Chapter V Water and Sediment Control and Flood Control
Chapter VI Pollution Prevention and Control
Chapter VII Promoting High-Quality Development
Chapter VIII Protecting, Passing Down and Promoting Yellow River Culture
Chapter IX Guarantee and Supervision
Chapter X Legal Liability
Chapter XI Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to strengthen ecological and environmental protection in the Yellow River Basin, strengthen flood control in this area, promote the conservation and efficient utilization of water resources, advance high-quality development, protect, pass down and promote Yellow River culture, ensure harmony between humans and nature, and achieve the sustainable development of the Chinese nation.
Article 2 This Law applies to all kinds of activities for ecological protection and high-quality development in the Yellow River Basin. If this Law is silent, the provisions of other relevant laws shall apply.
The Yellow River Basin referred to in this Law covers the county-level administrative areas of Qinghai Province, Sichuan Province, Gansu Province, the Ningxia Hui Autonomous Region, the Inner Mongolia Autonomous Region, and Shanxi Province, Shaanxi Province, Henan Province and Shandong Province in the catchment area formed by the main stream, tributaries and lakes of the Yellow River.
Article 3 The work of ecological protection and high-quality development in the Yellow River Basin shall be conducted under the leadership of the Communist Party of China, meet the requirements to focus on protection and governance, strengthen pollution prevention and control, and embrace the principles of prioritizing ecological protection, pursuing green development, promoting development based on conditions of water resources, paying more attention to water conservation, adopting different policies for different fields based on local conditions, making overall plans and advancing them in a collaborative way.
Article 4 The state establishes an overall coordination mechanism for ecological protection and high-quality development in the Yellow River Basin (hereinafter referred to as the "Yellow River Basin Overall Coordination Mechanism") to provide comprehensive guidance and overall coordination for ecological protection and high-quality development in the Yellow River Basin, review major policies, plans, and projects related to the Yellow River Basin, coordinate major issues across regions and departments, and supervise and inspect the implementation of relevant important works.
The provinces and autonomous regions in the Yellow River Basin may, as needed, establish province-level coordination mechanisms to organize and coordinate ecological protection and high-quality development within their respective administrative areas.
Article 5 The relevant departments under the State Council shall, in accordance with the division of responsibilities, take charge of the relevant work related to ecological protection and high-quality development in the Yellow River Basin.
The Yellow River Conservancy Commission of the department in charge of water resources under the State Council (hereinafter referred to as the "Yellow River Basin Administrative Authority") and its subordinate administrative agencies shall perform their water resources supervision and administration duties in the Yellow River Basin in accordance with the law and provide support for the work concerning the Yellow River Basin Overall Coordination Mechanism.
The Yellow River Basin Eco-Environmental Supervision and Administration Authority of the department in charge of ecology and environment under the State Council (hereinafter referred to as the "Yellow River Basin Eco-Environmental Supervision and Administration Authority") shall conduct eco-environmental supervision and administration in the Yellow River Basin in accordance with the law.
Article 6 The local people's governments at or above the county level in the Yellow River Basin shall be responsible for ecological protection and high-quality development within their respective administrative areas.
The relevant departments of the local people's governments at or above the county level in the Yellow River Basin shall, in accordance with the division of responsibilities, take charge of the relevant work related to ecological protection and high-quality development of the Yellow River Basin within their respective administrative areas.
The relevant local authorities in the Yellow River Basin shall, based on their needs, strengthen coordination with each other for the formulation of local regulations, local government rules, local plans, and supervision and law enforcement, etc., so as to advance ecological protection and high-quality development in the Yellow River Basin in a collaborative way.
An inter-provincial joint meeting of river and lake chiefs shall be established in the Yellow River Basin. River or lake chiefs at all levels shall take charge of river or lake management and protection.
Article 7 Departments under the State Council respectively in charge of water resources, ecology and environment, natural resources, housing and urban-rural development, agriculture and rural affairs, development and reform, emergency management, forestry and grassland, culture and tourism, and standardization, etc. shall, in accordance with the division of responsibilities, establish sound standards for the conservation and efficient use of water resources, water and sediment control, flood control and drought relief, soil and water conservation, hydrology, water environment quality, pollutant discharge, ecological protection and restoration, survey, monitoring and evaluation of natural resources, biodiversity conservation, and cultural heritage protection in the Yellow River Basin.
Article 8 The state shall implement a rigid restriction system on the use of water resources in the Yellow River Basin, persist in planning urban development, land use, population, and production based on water availability, improve the development and protection of territorial space, promote the scientific and reasonable distribution of population and cities, and develop modern industries compatible with the carrying capacity of water resources.
The local people's governments at or above the county level in the Yellow River Basin shall organize the implementation of the rigid restriction system on the use of water resources within their respective administrative areas in accordance with the relevant regulations issued by the state.
Article 9 The state shall improve water conservation and water efficiency in agriculture, strengthen water conservation and emission reduction in industry, and enhance water conservation and loss reduction in urban areas, encourage and promote the use of advanced water-saving technologies to accelerate the adoption of a water-saving production mode and lifestyle, effectively conserve and efficiently use water resources, and build a water-saving society.
Article 10 The state shall coordinate the development of flood control systems along the main stream and tributaries of the Yellow River, enhance the synergy of intra-basin and inter-basin flood control systems, promote the coordinated efforts by the upper, middle, and lower reaches of the Yellow River in flood control, drought relief and ice jam flood control, build a sound and efficient comprehensive system for flood control and disaster risk reduction, and organize the assessment in due time, in order to effectively enhance the capacity of the Yellow River Basin to prevent and control flood, waterlogging, and other disasters.
Article 11 The department in charge of natural resources under the State Council shall, in conjunction with other relevant departments under the State Council, regularly organize surveys of natural resources such as land, minerals, water flows, forests, grasslands and wetlands in the Yellow River Basin, establish a resources database, evaluate resource carrying capacity and environmental capacity, and keep the public abreast of the natural resources condition in the Yellow River Basin.
The department in charge of wildlife protection under the State Council shall regularly organize surveys of wildlife and their habitats in the Yellow River Basin or organize special surveys as needed, establish wildlife resource files, and keep the public abreast of the wildlife resources condition in the Yellow River Basin.
The department in charge of ecology and environment under the State Council shall regularly organize assessments of ecological conditions in the Yellow River Basin and keep the public abreast of the ecological condition in the Yellow River Basin.
The department in charge of forestry and grassland under the State Council shall, in conjunction with other relevant departments under the State Council, organize surveys and monitoring of the land desertification in the Yellow River Basin, and publicize the results thereof on a regular basis.
The department in charge of water resources under the State Council shall organize surveys and monitoring of soil erosion in the Yellow River Basin and publicize the results thereof on a regular basis.
Article 12 The Yellow River Basin Overall Coordination Mechanism shall coordinate relevant departments under the State Council and the people's governments at the provincial level in the Yellow River Basin to improve the monitoring networks for the ecology and environment, natural resources, hydrology, sediment, desertification, soil and water conservation, natural disasters and meteorology in the Yellow River Basin on the basis of the existing monitoring stations and projects.
The relevant departments under the State Council, the local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall, in accordance with the division of responsibilities, improve the eco-environmental risk report and early warning mechanisms.
Article 13 The state shall strengthen the prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, and post-disaster recovery and reconstruction systems for natural disasters in the Yellow River Basin, maintain the safety of relevant projects and facilities, and control, mitigate and eliminate hazards caused by natural disasters.
The department in charge of ecology and environment under the State Council shall, in conjunction with the relevant departments under the State Council and the people's governments at the provincial level in the Yellow River Basin, establish a sound joint ecological and environmental emergency response mechanism for the Yellow River Basin as part of the national emergency response system, to strengthen the ecological and environmental incident response.
In case of severe droughts, the flow rate at provincial boundaries or key sites dropping down to a low-flow alert level, reservoir operation failures, major water pollution events, or the like that may cause a water supply crisis or the drying up of the Yellow River, the Yellow River Basin Administrative Authority shall organize emergency water diversion.
Article 14 The Yellow River Basin Coordination Mechanism shall establish an expert advisory committee for ecological protection and high-quality development of the Yellow River Basin to provide professional consultation on major policies, plans, projects and scientific and technological issues concerning the Yellow River Basin.
The relevant departments under the State Council and the provincial people's governments in the Yellow River Basin and their relevant departments shall, in accordance with the division of responsibilities, organize third-party assessment, analysis and demonstration of impacts on the ecosystems of the Yellow River Basin by construction projects, plans for important infrastructure and industry layout.
Article 15 The Yellow River Basin Coordination Mechanism shall coordinate the efforts of the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin to establish a sound Yellow River Basin information sharing system, and organize the development of a smart Yellow River information sharing platform in order to make its management more scientific. The relevant departments of the State Council and the provincial people's governments in the Yellow River Basin and their relevant departments shall share information on the ecology and environment, natural resources, soil and water conservation, flood control, administration and law enforcement in the Yellow River Basin in accordance with the relevant state regulations.
Article 16 The state encourages and supports research on major scientific and technological problems on ecological protection and restoration, conservation and efficient use of water resources, sediment movement as well as water and sediment management and control, desertification prevention and control, comprehensive use of sediment, river dynamics and riverbed evolution, soil and water conservation, hydrology, climate, and pollution prevention and control in the Yellow River Basin, strengthens innovation through collaboration, advances research on key technologies, extends the application of advanced and applicable technologies and gives better play to the role of technological innovation.
Article 17 The state shall strengthen efforts to protect, pass down and promote Yellow River culture, systematically protect the cultural heritage of the Yellow River, study the development of Yellow River culture, elaborate on the spirit of the Yellow River culture and its relevance to the present times, and forge a strong sense of community for the Chinese nation.
Article 18 The relevant departments under the State Council and the local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall strengthen the publicity and education on ecological protection and high-quality development in the Yellow River Basin.
The news media shall publicize and report ecological protection and high-quality development in the Yellow River Basin in various forms, and conduct public oversight on illegal acts in accordance with the law.
Article 19 The state encourages and supports entities and individuals to participate in activities for ecological protection and high-quality development in the Yellow River Basin.
Entities and individuals that have made outstanding contributions to ecological protection and high-quality development in the Yellow River Basin shall be commended and awarded in accordance with the relevant regulations stipulated by the state.
Chapter II Planning and Control
Article 20 The state establishes a planning system for the Yellow River Basin that is guided by the national development plan, based on the spacial plans, and supported by special and regional plans, and gives play to the leading, guiding, and binding role of planning to promote ecological protection and high-quality development in the Yellow River Basin.
Article 21 The State Council and the local people's governments at or above the county level in the Yellow River Basin shall incorporate ecological protection and high-quality development in the Yellow River Basin into their economic and social development plans.
The development and reform department under the State Council shall, in conjunction with relevant departments under the State Council, formulate a plan for ecological protection and high-quality development in the Yellow River Basin, and implement it with the approval of the State Council.
Article 22 The department in charge of natural resources under the State Council shall, in conjunction with the relevant departments under the State Council, organize the preparation of a land and space plan for the Yellow River Basin to make scientific and orderly overall arrangements for agricultural, ecological, urban and other functional spaces in the Yellow River Basin, delimit permanent basic farmland, ecological protection redlines, and urban area boundaries, improve the land and space structure and layout, and take overall control of the land and space utilization tasks in the Yellow River Basin; and it shall implement the plan with the approval of the State Council. Special plans involving the use of land and space in the Yellow River Basin shall be coordinated with the land and space plan for the Yellow River Basin.
The local people's governments at or above the county level in the Yellow River Basin shall organize the preparation of the land and space plans of their respective administrative areas, and implement them after they are approved in accordance with the prescribed procedures.
Article 23 The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin, formulate comprehensive plans, water resources plans, and flood control plans and other plans for the Yellow River Basin in accordance with the law and the principles of unified planning, management and diversion, to make arrangements for the conservation, protection, development and utilization of water resources and the prevention and control of water hazards.
Plans for ecological and environmental protection in the Yellow River Basin, among others, shall be formulated in accordance with the relevant provisions of laws and administrative regulations.
Article 24 The formulation of the plans for national economic and social development, the master land and space plans, and major industrial policies shall be compatible with the conditions of water resources and the requirements for flood control in the Yellow River Basin, and be subject to scientific feasibility studies.
Where any special plan for the development of industry, agriculture, livestock industry, forestry and grassland, energy, transportation, tourism, natural resources, etc. or any plan for development zones or new areas in the Yellow River Basin, involves the development and utilization of water resources, it shall be subject to feasibility studies of water resources. Authorities having the power to examine and approve such plans may not approve any plan that has not undergone such studies or fails to meet the index for the mandatory restriction and control of water resources use.
Article 25 The state exercises strict control over the use of land and space in the Yellow River Basin. The department in charge of natural resources of the local people's governments at or above the county level in the Yellow River Basin shall, in accordance with the land and space plans, manage the land and space in the Yellow River Basin according to different zoning and classes.
Land and space development and utilization activities in the Yellow River Basin shall comply with the requirements for land and space use control, and planning permission shall be obtained in accordance with the law for these activities.
Occupation of the permanent basic farmland in violation of the relevant regulations stipulated by the state and without the approval of the State Council shall be prohibited. Occupation of cultivated land for non-agricultural purposes without authorization shall be prohibited. Conversion of cultivated land into forest land, grassland, garden land or any other type of agricultural land shall be strictly controlled.
The local people's governments at or above the county level in the Yellow River Basin shall strictly control the construction of new artificial waterscapes in the Yellow River Basin in such forms as artificial lakes and artificial wetlands, while the Yellow River Basin Coordination Mechanism shall organize relevant departments to strengthen the supervision and administration thereof.
Article 26 The provincial people's governments in the Yellow River Basin shall, based on the ecology, environment and resource utilization in their respective administrative areas, prepare ecological and environmental zoning control plans and ecological and environmental permit lists in accordance with the requirements for ecological protection redlines, the environmental quality bottom line and the upper limit for resource utilization, and implement them after reporting to the department in charge of ecology and environment under the State Council for the record. Such control plans and access lists shall be coordinated with the spacial plans.
It is forbidden to construct or expand chemical parks and chemical projects within the control scopes from the shorelines of the main stream and tributaries of the Yellow River. It is forbidden to construct, reconstruct, or expand tailings ponds within the control scopes from the shorelines of the main stream or important tributaries of the Yellow River, except for the reconstruction for the purpose of enhancing safety or ecological and environmental protection.
The catalogue of the main stream and tributaries of the Yellow River and the control scopes from their shorelines shall be determined and published by the departments in charge of water resources, natural resources, and ecology and environment under the State Council in accordance with the division of their duties and in conjunction with the provincial people's governments in the Yellow River Basin.
Article 27 The hydropower development in the Yellow River Basin shall be subject to scientific feasibility studies and comply with the national development plans, the comprehensive plans for the Basin and the requirements of ecological protection. Where small hydropower projects that have been built in the Yellow River Basin fail to meet the requirements for ecological protection, the local people's governments at or above the county level shall organize classified rectification or take measures to gradually phase them out.
Article 28 The Yellow River Basin Administrative Authority shall coordinate the goals of flood control and silt reduction, urban and rural water supply, ecological protection, irrigation water use, hydropower generation, etc., build an integrated coordination system for water resources, water and sediment, and flood and ice jam flood control, conduct a unified operation of water controlling projects along the main stream and tributaries of the Yellow River, ensure water safety in the Basin and give full play to the comprehensive benefits of water resources.
Chapter III Ecological Protection and Restoration
Article 29 The state shall strengthen ecological protection and restoration in the Yellow River Basin, adhere to a holistic approach to protect and restore mountains, rivers, forests, farmlands, lakes, grasslands and deserts, and conduct systematic restoration that focuses on natural restoration and combines natural restoration with assisted restoration.
The department in charge of natural resources under the State Council shall, in conjunction with the relevant departments under the State Council, formulate plans for the ecological restoration of the land and space in the Yellow River Basin, organize the implementation of major ecological restoration projects, and coordinate and promote ecological protection and restoration in the Yellow River Basin.
Article 30 The state shall strengthen the protection of water source conservation areas of the Yellow River, as well as the glaciers on snow-capped mountains, plateau permafrost, alpine meadows, grasslands, wetlands, deserts, spring areas, etc., which serve as the sources of the main stream and tributaries of the Yellow River or are in its water source conservation areas.
It is forbidden to carry out mining, sand mining, fishing and other activities within the management areas for the rivers and lakes in the upper reaches of the Yellow River, such as the Yueguzongliequ, Gyaring Lake, Ngoring Lake, and the Madoi River-Lake Cluster, so as to maintain the natural state of the rivers and lakes.
Article 31 The State Council and the provincial people's governments in the Yellow River Basin shall, in accordance with the law, delimit public welfare forests in key ecological function areas and ecologically fragile areas, and implement strict management and protection thereof.
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