Decision of the Ministry of Water Resources on the Revision of Certain Ministerial Rules Regarding the Administrative Licensing for Water Conservation
Decision of the Ministry of Water Resources on the Revision of Certain Ministerial Rules Regarding the Administrative Licensing for Water Conservation
Decision of the Ministry of Water Resources on the Revision of Certain Ministerial Rules Regarding the Administrative Licensing for Water Conservation
Order of the Ministry of Water Resources No. 24
July 8, 2005
The Decision of the Ministry of Water Resources on the Revision of Certain Ministerial Rules Regarding the Administrative Licensing for Water Conservation, which was deliberated and adopted at the executive meeting of the Ministry of Water Resources on June 22, 2005, are hereby promulgated and shall come into as of the date of promulgation.
Minister Wang Shucheng
Decision of the Ministry of Water Resources on the Revision of Certain Ministerial Rules Regarding the Administrative Licensing for Water Conservation
Pursuant to the Administrative Licensing Law of the People's Republic of China and the requirements as set down by the relevant documents of the State Council, the Ministry of Water Resources has revised some of the ministerial rules regarding administrative licensing for water conservation. Where any rule or normative document as formulated heretofore by the Ministry of Water Resources conflicts with this Decision, the latter shall prevail.
I. Administrative Provisions on Examining and Approving the Compilation and Submission of Water and Soil Conservancy Plans for Development and Construction Projects (promulgated by Order No. 5 of the Ministry of Water Resources on May 30, 1995)
1. Article 2, which provides: "Water and soil conservancy plans shall be compiled and submitted at the stage of studying the feasibility of the project, and the first-phase exploration, measurement and designing work shall be carried out based on the approved water and soil conservancy plans", shall be revised as: "Water and soil conservancy plans shall be compiled and submitted. In particular, for a project subject to the examination and approval system, the formalities on submitting the water and soil conservancy plans for approval shall be completed prior to the submission of the report on studying the feasibility; for a project subject to the ratification system, the formalities on submitting the water and soil conservancy plans for approval shall be completed prior to the submission of the application report for the project; while for a project subject to the archival filing system, the formalities on submitting the water and soil conservancy plans for approval shall be completed after handling the archival filing formalities but before the start of the project. The approved water and soil conservancy plans shall be incorporated into the designing documents for the next stage".
2. A new Article shall be added after Article 2 as Article 3: "The preliminary design of a development and construction project shall, in accordance with the technical criteria for water and soil conservancy and the approved water and soil conservancy plans, formulate sections and chapters on the water and soil conservancy so as to implement the measures against water loss and soil erosion and the general investment budget. The examination and approval organ for water and soil conservancy plans shall take part in the examination of the preliminary design."
3. Paragraph 2 of Article 3, which provides: "In the case of building a railway, road or water project or managing a mine enterprise, electric power enterprise or any other large or medium industrial enterprise in a mountainous area, hilly area or wind-sand area, a Written Report on Water and Soil Conservancy Plans shall be formulated and submitted", shall be revised as: "For any development and construction project that takes up an area of one hectare or more or for which ten thousand cubic meters of earth and stone or more are dredged out or filled in, a written report on water and soil conservancy plans shall be formulated and submitted; for any other development and construction project, a reporting form on water and soil conservancy plans shall be formulated and submitted".
Paragraph 3, which provides: "A production and construction entity or individual applying for managing a collective mine enterprise at the township or village level, reclaiming a barren sloping field or mining, etc.
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