How to sign the flood control emergency plan supervision?
The flood control emergency plan does not require a supervisory permit. However, expert review and filing are required.
Jiangxi Province Flood Prevention Regulations?
Chapter 1 General Provisions
Chapter 2 Flood Control Planning
Chapter 3 Governance and Protection
Chapter 4 Flood Control Areas and Flood Control Management of Engineering Facilities
Chapter 5 Flood Prevention and Relief
Chapter 6 Safeguard Measures
Chapter 7 Legal Liabilities
Chapter 8 Supplementary Provisions
Chapter 1 General Provisions
Article 1 is for the purpose of implementing the "Law of the People's Republic of China on Flood Control" (hereinafter referred to as the "Flood Control Law") and based on the actual conditions of this province, this provision is formulated. way.
Article 2 These Measures shall apply to flood prevention and flood prevention-related activities within the administrative region of this province.
Article 3 Flood control work shall implement the principles of comprehensive planning, overall consideration, prevention first, comprehensive management, and local interests subordinate to overall interests.
Article 4 People’s governments at all levels should strengthen unified leadership over flood control work, organize relevant departments and units, mobilize social forces, rely on scientific and technological progress, adhere to the combination of flood control engineering measures and non-engineering measures, and strengthen flood control Construction and management of engineering facilities, strengthening the construction of hydrology, meteorology, communication and other facilities, and doing a good job in flood control and post-flood recovery and relief work.
Article 5 The water administrative department of the people's government at or above the county level (hereinafter referred to as the water administrative department), under the leadership of the people's government at the same level, is responsible for the organization, coordination, supervision, guidance, etc. of flood prevention within its own administrative region Daily work.
Other relevant departments of the people's government at or above the county level are responsible for relevant flood control work in accordance with their respective responsibilities under the leadership of the people's government at the same level.
Article 6 Any unit or individual has the obligation to protect flood control engineering facilities and participate in flood control and fighting in accordance with the law, and has the right to stop and report illegal acts that hinder flood control.
Article 7 People's governments at all levels or relevant departments shall commend and reward units and individuals that have made outstanding achievements in flood prevention work.
Chapter 2 Flood Control Planning
Article 8 Flood control planning is the basic basis for the management of rivers and lakes and the construction of flood control engineering facilities.
The flood control plan shall be prepared in accordance with the comprehensive river basin planning and regional comprehensive planning and in accordance with the following provisions:
(1) Flood control planning for the Yangtze River sections and other inter-provincial river sections within the administrative region of the province The preparation shall be carried out in accordance with the provisions of Article 10 of the Flood Control Law.
(2) The flood control plan for Poyang Lake, Ganjiang River, Fuhe River, Xinjiang River, Raohe River and Xiuhe River shall be prepared by the provincial water administrative department in conjunction with relevant departments and the people's government of the districted municipality and submitted to the province Approved by the People's Government.
(3) Flood control planning for other rivers and lakes across cities divided into districts and boundary rivers between cities divided into districts shall be organized by the provincial water administrative department with regard to the water administrative departments and relevant departments of the city divided into districts and The relevant county (city, district) people's government establishment shall be submitted to the provincial people's government for approval after review and opinions by the districted city people's government.
(4) The flood control planning for rivers and lakes across counties (cities, districts) and county (cities, districts) boundary rivers shall be decided by the districted city water administrative department in conjunction with relevant departments and counties (cities, districts). It shall be compiled by the people's government of the district) and submitted to the people's government of the city divided into districts for approval.
(5) Flood control plans for other rivers and lakes shall be prepared by the county (city, district) water administrative department in conjunction with relevant departments and submitted to the people's government at the same level for approval.
(6) The urban flood control plan of a city divided into districts shall be prepared by the water administrative department, construction administrative department and other relevant departments of the people's government of the city divided into districts, and shall be reviewed by the provincial water administrative department. , approved by the people's government of the districted municipality, but the urban flood control planning of Nanchang City and Jiujiang City is approved by the provincial people's government. The approved flood control plan shall be incorporated into the city's master plan.
(7) The urban flood control planning of the organized town where the county (city, district) people's government is located with the task of flood prevention shall organize the water administrative department and the construction administrative department of the county (city, district) people's government and other relevant departments, and shall be reviewed by the water administrative department of the districted city and submitted to the county-level people's government for approval before being incorporated into the city's overall plan; the urban flood control plans of other organized towns with flood control tasks shall be formulated by the people of the county (city, district) The government organizes the water administrative department, construction administrative department and other relevant departments to prepare the plan and submit it to the county-level people's government for approval.
The approved flood control plan shall be reported to the water administrative department at the next higher level for record. Modifications to the flood control plan must be submitted to the original approving authority for approval.
Article 9 The province’s waterlogging control plan shall be prepared by the provincial water administrative department and submitted to the Provincial People’s Government for approval.
The people's governments of cities and counties in flood-prone areas shall organize the water administrative departments and relevant departments to prepare a waterlogging control plan for their respective administrative areas based on the province's waterlogging control plan and report it to the next higher level. Recorded with the water administrative department.
Urban people's governments should strengthen the construction and management of urban drainage pipe networks and pumping stations in accordance with the waterlogging control plan.
Article 10 Urban expansion, new villages and towns, residential areas, other industrial and mining enterprises, major transportation facilities, etc. should avoid areas prone to geological disasters and flash floods, as well as important flood conduction and flood storage areas. For areas already built in areas prone to geological disasters and flash floods, the local people's government should organize relevant departments and units to strengthen the construction of observation, early warning, and forecasting facilities, and formulate and implement risk avoidance plans and measures.
People's governments at or above the county level should incorporate the prevention and control of water and soil erosion into basin-wide flood control plans, formulate and implement prevention and control plans, and strengthen comprehensive management of soil and water conservation.
Article 11 The construction of flood control projects and other water projects, hydropower stations, etc. on rivers and lakes shall comply with the requirements of the flood control plan; the reservoirs shall have sufficient flood control storage capacity in accordance with the requirements of the flood control plan.
If the construction units of flood control projects, other water projects and hydropower stations specified in the preceding paragraph have not obtained a planning consent letter signed by the relevant water administrative department that meets the requirements of flood control planning, the construction unit shall not start construction.
Chapter 3 Governance and Protection
Article 12. River regulation and construction of projects to control and guide the flow of river water and protect embankments shall adhere to the principle of combining harm and benefit, and take both The relationship between the upstream and downstream, and the left and right banks shall be implemented in accordance with the planned control lines, and the flow of the river shall not be changed arbitrarily.
The formulation of planned control lines for Yangtze River sections and other inter-provincial river sections within the administrative region of this province shall be implemented in accordance with the provisions of Article 19 of the Flood Control Law.
Planned control lines for other rivers and river sections shall be drawn up by the corresponding water administrative department in accordance with the flood control planning compilation authority stipulated in Article 8 of these Measures and submitted to the people's government at the same level for approval.
Article 13 Those who develop and utilize rivers, lakes (including shorelines), and reservoirs for tourism project construction must comply with the requirements of flood control planning and report to the water administrative department with jurisdiction for review and approval.
Article 14 The utilization and construction of urban river banklines shall be in accordance with the requirements of flood control planning to maintain smooth flow of floods.
Article 15 Within the management scope of rivers and lakes, the following behaviors that affect the stability of rivers and flood control safety are prohibited:
(1) Building without approval of the water administrative department Jitou groynes, dikes, water-blocking channels, water-blocking roads and other buildings and structures that impede flood discharge;
(2) Planting high-stem crops and trees (wave-proof forests) in flood-discharge river channels (Excluding berms, berm forests) and other water-blocking plants;
(3) Abandoning and stacking sunken ships, slag, gravel, coal ash, soil, garbage and other wastes that hinder flood flow;
(4) Building houses, digging canals, digging wells, digging cellars, burying graves, mining underground resources, conducting archaeological excavations, and carrying out market trading activities on embankments and berms;
(5) Others that hinder river stability and flood control safety.
Article 16 Within the scope of reservoir and dam management, the following behaviors that affect flood control safety are prohibited:
(1) Indiscriminate felling of trees, land reclamation on steep slopes, etc. causing water and soil erosion;
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(2) Drilling, blasting, quarrying, earth borrowing, mining, fishing, sliding logs on the dam body, building docks, etc. endangering the safety of the dam.
Article 17 The water administrative department shall, in accordance with the requirements of river stability and flood control safety, prepare a river sand mining plan in accordance with the hierarchical management authority of the river, and after soliciting the opinions of the transportation administrative department, report it to the people at the same level Government approval. The sand mining prohibited areas and prohibited periods specified in the river sand mining plan shall be announced.
Any mining of sand, quarrying, soil extraction, or gold panning (hereinafter collectively referred to as sand mining) within the scope of river management shall be reported to the water administrative department for approval in accordance with the law, and shall be carried out in accordance with the approved location, scope, time, and The sand mining volume and operation method shall not damage bridges, embankments, bank protections, hydrological reporting facilities, underwater cables, optical cables, hydrological flow measuring sections, etc., and shall not hinder shipping safety.
When sand mining endangers river stability and flood control safety, the water administrative department shall order sand mining units and individuals to immediately stop mining according to their management authority.
Article 18 The beach land within the scope of river management shall not be occupied without authorization. If temporary occupation is indeed necessary, it shall be approved by the water administrative department with jurisdiction and the occupation time shall be strictly controlled.
Article 19 For river-related engineering facilities that have serious water obstruction or blockage, or that need to be reconstructed or dismantled for river regulation to improve river flood control standards, the water administrative department shall propose a plan and submit the application according to the river management authority. The relevant people's government shall, in accordance with the authority specified by the State Council, order the construction unit to reconstruct or demolish it within a time limit; if the construction unit is unable to reconstruct or demolish it due to changes in property rights, it shall order the owner to reconstruct or demolish it within a time limit.
Article 20 The management scope of flood control engineering facilities such as rivers, lakes and reservoirs shall be demarcated by relevant departments organized by the people's government at or above the county level in accordance with the relevant provisions of laws and regulations, and the boundaries shall be erected and demarcated. announcement.
For state-owned land within the scope of management, according to the needs of flood control and project management, the people's government at or above the county level may allocate it to the management unit of flood control project facilities in accordance with the law.
Article 21 The land that needs to be permanently occupied for river regulation, repair and reinforcement of embankments and project management land in accordance with the flood control plan shall be subject to land allocation procedures in accordance with the law. If it is collectively owned, the land shall be allocated in accordance with relevant laws and regulations. levied in accordance with regulations.
The available land increased by river regulation shall be uniformly arranged and used by the people's governments at or above the county level, with priority being used for the construction and management of flood control engineering facilities.
Chapter 4 Management of Flood Control Areas and Flood Control Engineering Facilities
Article 22 Flood control areas are divided into floodplain areas, flood storage and detention areas and flood control protection zones. The scope of floodplain areas, flood storage and detention areas (including flood diversion channels, the same below), and flood control protection zones shall be delineated in accordance with the provisions of Article 29 of the "Flood Control Law".
Article 23 The Provincial People’s Government shall organize relevant departments and regions to formulate safety construction plans for floodplain areas and flood storage and detention areas in accordance with the requirements of flood control planning, control the growth of the population in flood storage and detention areas, and regulate the population living in flood storage and detention areas. Residents within the flood storage and detention area shall be organized to move out in a planned manner, and other necessary safety protection measures shall be taken.
The safety construction plans for national flood storage and detention areas such as Kangshan, Zhuhu, Huanghu, Fangzhou Xietang, etc. are prepared by the provincial people's government organized by the water administrative department and relevant departments and the districted municipal people's government. Report to the water administrative department of the State Council for review and approval; safety construction plans for other flood storage and detention areas shall be prepared by the water administrative department and relevant departments and county-level people's governments organized by the people's government of the municipality divided into districts where they are located, and submitted to the provincial water administrative department for review and approval.
Regions and units that directly benefit from the use of flood storage and detention districts and flood storage and detention in accordance with the law shall bear compensation and rescue obligations in accordance with relevant national and provincial regulations.
The safety construction management measures for flood storage and detention areas and the support, compensation and relief measures for flood storage and detention areas shall be formulated by the Provincial People's Government.
Article 24 When constructing non-flood control construction projects in flood plain areas and flood storage and detention areas, an evaluation and preparation of the possible impact of floods on the construction project and the possible impact of the construction project on flood control shall be made. Flood impact assessment report and proposed preventive measures. If the flood impact assessment report has not been reviewed and approved by the relevant water administrative department, the construction unit shall not start construction.
The flood control engineering facilities arranged by the construction unit in the flood storage and detention area must be completed, accepted and put into use at the same time as the main project.
Article 25 Hydrological surveying stations shall, in accordance with technical standards for hydrological surveying, demarcate protected areas upstream and downstream of the measured river section, submit them to the people's government at or above the county level for approval, and establish protected areas in the river section. Set up ground markings at the upper and lower boundaries.
No unit or individual may destroy, occupy, damage or move hydrological forecasting facilities without authorization, and shall not engage in activities that endanger or affect hydrological forecasting.
If hydrological surveying and reporting facilities need to be relocated or reconstructed due to project construction, relevant procedures must be completed in accordance with national regulations, and the costs of relocation or reconstruction shall be borne by the project construction unit.
Article 26 People's governments at all levels shall strengthen the management of the construction of flood control engineering facilities, establish and improve a quality management system, and ensure project quality.
In the construction of key flood control project facilities, basic construction procedures must be strictly implemented, and the project legal person system, bidding system, project supervision system, contract management system, and completion acceptance system must be implemented in accordance with the law. Subcontracting and illegal subcontracting of the winning project is strictly prohibited.
Article 27 People's governments at all levels shall organize relevant departments to conduct regular inspections, supervision and management of river embankments, reservoir dams and other flood control engineering facilities. The competent department of flood control engineering facilities should organize relevant units to carry out risk elimination and reinforcement of dangerous reservoirs, dangerous gates, dangerous embankments and other water projects, and repair key water-damaged projects. Relevant people's governments shall prioritize the allocation of funds in accordance with hierarchical management authority.
People's governments at all levels and relevant competent departments should strengthen the supervision and management of tailings dams and take measures to avoid dam collapse due to floods.
Chapter 5 Flood Prevention and Flood Relief
Article 28: Flood prevention and flood relief work shall implement the administrative head responsibility system of the people's governments at all levels, with unified command and hierarchical and sub-departmental responsibilities.
Article 29 People’s governments at or above the county level with flood control tasks shall establish a flood control command agency composed of relevant departments, local garrison, people’s armed forces, etc. Under the leadership of the people's government at the same level, it directs the flood prevention and relief work in its jurisdiction. Its office is located in the water administrative department at the same level and is specifically responsible for the daily work of the flood control command agency.
The main responsibilities of the flood control command agency are:
(1) Responsible for supervising the implementation of flood control plans in the region;
(2) Implementing superior flood control dispatch instructions and the approved flood prevention plan, flood relief plan, and flood dispatch plan, and implement flood prevention command and dispatch;
(3) Responsible for the implementation of pre-flood inspections and troubleshooting in the region, and urge relevant departments to promptly handle issues affecting safety Issues related to flood control;
(4) Organize and establish a meteorological and hydrological early warning information system related to flood control, be responsible for issuing flood notices in the region, and announce the entry or end of the emergency flood control period;
(5) Responsible for the collection, management and dispatch of flood control funds and materials;
(6) Inspect and supervise the construction of flood control project facilities and the repair of flood-damaged projects.
During the flood season, township people's governments and relevant departments, enterprises and institutions may, according to the needs of flood prevention and relief work, set up temporary flood control command institutions to implement self-protection measures.
Each flood prevention member unit shall carry out flood prevention work in accordance with its respective responsibilities.
Article 30 The formulation of flood prevention plans for the Yangtze River sections and inter-provincial rivers within the administrative region of this province shall be implemented in accordance with the provisions of Article 40 of the Flood Control Law.
Flood prevention plans for other rivers and lakes shall be organized and prepared by the flood control command agency of the people's government in accordance with the flood control planning preparation authority stipulated in Article 8 of these Measures and submitted to the people's government at the same level for approval.
The flood prevention plans for national flood storage and detention areas such as Kangshan, Zhuhu, Huanghu, Fangzhou Xietang, etc. are prepared by the Provincial People’s Government Flood Control Command, and after review by the Provincial People’s Government, they are reported to the State Council Flood Control Command Institutional approval.
The flood prevention plans for large and provincially designated medium-sized reservoirs and the flood storage and detention areas of Quangang, Jianjiang, and Qingfeng Mountain Streams shall be prepared by the flood control command agency of the local municipal people's government with districts and approved by the people at the same level. After government review, it will be submitted to the Provincial People's Government for approval.
The flood prevention plans for other medium-sized reservoirs and important small (I) reservoirs shall be prepared by the flood control command agency of the local county-level people's government. After review by the people's government at the same level, they shall be reported to the people of the city divided into districts where they are located. The project shall be approved by the government and submitted to the Flood Control Command of the Provincial People's Government for record.
The flood prevention plans for other small (I) reservoirs and small (II) reservoirs shall be jointly prepared by the flood control command agency of the local county-level people's government and the relevant township people's governments, and reported to the people at the county level. The project shall be approved by the government and submitted to the flood control headquarters of the districted municipal people's government for record.
The flood prevention plan for large and medium-sized tailings dams of mining enterprises shall be prepared by their competent departments in conjunction with the flood control command agency of the local people's government at or above the county level, and shall be reported to the local people's government of the districted city for approval and reported to the provincial people. Registered with the government flood control command agency.
Relevant localities and units must strictly implement the approved flood prevention plan. If changes are really needed, the approval of the original approving authority must be obtained.
Article 31 The flood control command agency of the people's government at or above the county level shall conduct key inspections of key flood control projects, important flood control facilities, key river sections and their flood control preparations within their respective administrative regions, and supervise relevant departments and units to implement various flood prevention measures within a time limit.
Relevant departments and units should conduct regular inspections of water projects and other flood control preparations in their respective flood control responsibility areas.
Article 32 The flood season in this province is from April 1st to September 30th every year. Under special circumstances, the flood control command agency of the Provincial People's Government may announce early entry or extension of the flood control period.
When the water conditions of rivers and lakes are about to exceed the guaranteed water level or safe flow, the water level of the reservoir is close to the design flood level, or a major danger occurs to the flood control engineering facilities, the relevant flood control command agency of the people's government at or above the county level may declare an emergency. Flood prevention period. When the flood situation slows down, the relevant flood control command agencies should promptly announce the end of the emergency flood control period.
Article 33 During the flood season, the operation of reservoirs and other water engineering facilities must strictly implement the approved flood control plan and obey the command, dispatch and supervision of the flood control command agency of the people's government with jurisdiction.
During the emergency flood control period, any unit or individual must obey the command of the flood control command agency and its dispatch of materials, equipment, transportation and manpower.
Article 34 The flood relief plan for key polders that protect more than 50,000 acres of cultivated land (including 50,000 acres) shall be organized and compiled by the flood control command agency of the local people's government of the districted city and reported to the provincial people's government. Approval by the flood control command agency; the flood control plan for large and medium-sized reservoirs whose flood control impact spans the administrative areas of a city divided into districts and large reservoirs that have a greater role in regulating flood control in the main streams of the five rivers shall be approved by the flood control command agency of the local people's government of the districted city or The relevant competent departments shall organize the preparation and submit it to the Provincial People's Government Flood Control Command Agency for approval.
The flood control plan for protecting polders of more than 10,000 acres (including 10,000 acres) of cultivated land and less than 50,000 acres, other medium-sized reservoirs and important small (I) reservoirs shall be directed by the flood control command of the county-level people's government The organizational structure shall be submitted to the flood control command agency of the districted municipal people's government for approval.
The flood relief plans for other polders and small reservoirs shall be prepared by the county (city, district) water administrative department in conjunction with the local township people's government, and submitted to the flood control command agency of the people's government at the same level for approval. The approved flood control plan shall be reported to the flood control command agency of the people's government at the next higher level for record.
The flood control plan for reservoirs, hydropower stations, gates and dams under construction shall be formulated by the project construction unit. After approval by the corresponding people's government flood control command agency according to the jurisdiction of the construction project, it shall be reported to the next The flood control command agency of the people's government at the level of
Article 35 The use of flat embankments to divert floods and return farmland to lakes and polders shall comply with the comprehensive planning of the river basin and the overall arrangements for flood control in the province. The principles of use shall be determined by the flood control command agency of the Provincial People's Government and shall be used daily. The county-level people's government where the polder is located is responsible for its management and management.
After the double-retreat polder embankment is destroyed or naturally breaches, it is prohibited to repair it. Single setback polder embankments can be repaired and reinforced, but they must not be heightened. When encountering overflow flood levels during the flood season, it is prohibited to add sub-embankments to retain water.
Article 36 If water conservancy projects related to flood control are operated through various methods such as contracting and leasing, the operators and owners shall clarify the flood control responsibilities and project management and maintenance responsibilities in the contract. The operator must obey the unified management of the water administrative department and the command and dispatch of the relevant people's government flood control command agency to ensure the safe operation of the project and must not change its original design functions such as flood control, water supply, and drainage.
Article 37 During the flood season, flood control command vehicles and emergency and disaster relief vehicles are exempt from road and bridge (crossing) tolls. Flood control vehicle passes are issued by the flood control command agency of the Provincial People's Government in conjunction with the provincial public security and transportation administrative departments.
Article 38 If the local area needs to request the army or armed police to support flood fighting and rescue operations based on flood conditions or dangerous situations, the flood control command agency of the people's government at or above the county level shall make a request in accordance with prescribed procedures, and the provincial military region or provincial armed police corps shall Contact to arrange. People's governments at all levels and their flood control command agencies shall provide logistical support for the troops participating in flood fighting and rescue operations.
Article 39 If the water level or flow of rivers or lakes reaches the national or provincial flood diversion standards and it is necessary to activate the Kangshan, Zhuhu, Huanghu, and Fangzhou Xietang flood storage and detention areas, this must be strictly implemented The opening conditions and approval procedures specified in the flood prevention plan approved by the flood control command agency of the State Council; when other flood storage and detention areas are activated, the opening conditions and approval procedures stipulated in the flood prevention plan approved by the Provincial People's Government shall be strictly implemented. When the flood storage and detention area is activated in accordance with the law, no unit or individual may block or delay it; in the event of obstruction or delay, the relevant people's governments at or above the county level shall enforce it.
Chapter 6 Safeguard Measures
Article 40 Flood control costs shall be raised in accordance with the principle of combining government investment with reasonable responsibilities of beneficiaries; all sectors of society are encouraged to adopt various forms to fund flood control undertakings.
Article 41 People's governments at all levels shall, in accordance with the principle of unification of administrative and financial rights, carry out hierarchical responsibilities, coordinate and arrange funds from fiscal funds for flood control work, and coordinate with economic development and fiscal revenue. growth, and gradually increase the overall level of investment in flood control.
Article 42 Flood control fees are mainly used for the following matters:
(1) Preparation of flood control plans and construction, maintenance and management of flood control engineering facilities;
(2) Construction, maintenance and management of non-engineering facilities for flood control such as soil and water conservation, hydrological forecasting, meteorological and communication facilities;
(3) Flood relief and repair of flood-damaged projects in flood-stricken areas ;
(4) Flood control material reserves and transportation costs;
(5) Other flood control costs allowed to be listed in accordance with national and provincial regulations.
Article 43 Flood control materials shall be subject to the principles of hierarchical reserves, hierarchical burdens, and overall planning and dispatch. The materials reserved by the province are mainly used for flood fighting and emergency rescue of key flood control projects in the province; the materials reserved by cities and counties are mainly used for flood fighting and rescue of flood control projects within their own administrative regions. Townships, towns, enterprises and institutions with flood control tasks should reserve necessary flood control materials, mainly for flood prevention and rescue in their own regions and units.
The reserved flood control materials shall be subject to the unified dispatch of the superior flood control command agency, and the transferred materials shall be compensated in accordance with national and provincial regulations.
Article 44 People’s governments at or above the county level and relevant departments shall, in accordance with the provisions of the national and provincial people’s governments, strengthen the collection and management of water conservancy construction funds to ensure that water conservancy construction funds are used for water conservancy projects and flood control projects Construction and maintenance of facilities.
Article 45 The financial and audit administrative departments shall strengthen the supervision, inspection and special audit of the use of special funds such as flood control fees and water conservancy construction funds to ensure that the funds are used for special purposes.
Article 46 The water administrative department shall strengthen water administration supervision and investigate and deal with behaviors that endanger flood control safety in accordance with relevant laws, regulations and rules.
No unit or individual may obstruct or threaten the staff of the flood control command agency and water administrative department from performing their duties in accordance with the law.
Chapter 7 Legal Responsibilities
Article 47 Whoever violates the provisions of Article 13 of these Measures by developing and utilizing rivers, lakes, or reservoirs shall be ordered by the water administrative department to cease illegal activities Behavior; if it affects flood control but remedial measures can still be taken, it shall be ordered to take remedial measures within a time limit, and a fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed; if it seriously affects flood control, it shall be ordered to be demolished within a time limit, and a fine of not less than 50,000 yuan but not more than 100,000 yuan may be imposed. .
Article 48 Anyone who violates the provisions of Articles 15 and 16 of these Measures shall be ordered by the water administrative department to stop the illegal behavior, eliminate obstacles or take other remedial measures, and may be fined one thousand A fine of not less than 10,000 yuan but not more than 10,000 yuan may be imposed; if it seriously affects flood control, a fine of not less than 10,000 yuan but not more than 50,000 yuan may be imposed.
Article 49 Anyone who violates the provisions of Article 17 of these Measures and engages in sand mining without the approval of the water administrative department shall violate the provisions of Article 18 of these Measures and occupy the beach land within the river management scope without authorization If found, the water administrative department shall impose penalties in accordance with the relevant provisions of the "Jiangxi Province River Management Regulations".
Article 50 If the provisions of Article 19 of these Measures are violated and the construction or demolition is not carried out as required within the time limit, the water administrative department shall forcibly dismantle it, and the necessary expenses shall be borne by the construction unit or the owner; the construction unit and If the owners are not at fault, the local people's government at or above the county level shall compensate the construction unit or owners in an appropriate manner.
Article 51 Anyone who violates the provisions of Article 33, Paragraph 1 of these Measures and refuses to obey the supervision, management and flood control dispatch of the flood control command agency shall report it to the people's government at or above the county level for approval by the flood control command agency. Afterwards, it will be enforced.
Article 52 Violates the provisions of Article 35 of these Measures by repairing the double-retreat polder embankment that has been demolished or naturally breached, raising the single-retreat polder embankment, or increasing the height of the single-retreat polder embankment during the flood season. If a sub-dyke is raised to block water, the flood control command agency of the people's government at or above the county level shall order it to stop illegal activities and restore it to its original status; if it does not restore it, it will restore it to its original status, and the necessary expenses shall be borne by the offender.
Relevant personnel of the local county-level and township (town) people's governments who fail to perform supervision responsibilities will be punished in accordance with the law.
Article 53: Anyone who commits any of the following acts and constitutes a crime shall be investigated for criminal responsibility in accordance with the law; if it does not constitute a crime and should be given a public security administrative penalty, he shall be punished in accordance with the "Public Security Administration of the People's Republic of China and the State" Penalties stipulated in the Punishment Law:
(1) Obstructing or threatening the staff of the flood control command agency or water administrative department to perform their duties in accordance with the law;
(2) Falsely reporting flood dangers, deliberately Spread rumors and disrupt social order.
Article 54 If any staff member of the people's government at all levels and its relevant departments commits any of the following acts, he or she shall be given administrative sanctions in accordance with the law; if a crime is constituted, criminal liability shall be investigated in accordance with the law:
(1) Failure to implement flood control plans or waterlogging control plans;
(2) Failure to implement flood control inspection measures, resulting in serious consequences;
(3) Other abuses of power , neglecting duties, practicing favoritism and malpractice, causing heavy losses to flood prevention and relief work.
Chapter 8 Supplementary Provisions
Article 55 The double-retreat polder embankment mentioned in these Measures refers to the level of the corresponding lake mouth in the polder below 22.00 meters (Wusong elevation, the same below) Or the land below the 20-year flood level in the same river section will be returned to waters or tidal flats, and the residents living below the corresponding elevation in the polder will be relocated outside the polder to build towns.
The term "single retreat to the polder embankment" as mentioned in these Measures refers to the land within the polder with low water for cultivation and the high water returned to the lake for flood storage. The people living in the polder have lived below the water level of the corresponding lake mouth 22.00 meters or in the same river section for 20 years. In the event of a flood, residents below the flood level will be moved out of their original residences and resettled to establish towns.
Does the flood control road need to be converted into construction land?
When land for construction needs to be transferred, during the transfer process, it is necessary to have close communication and exchanges with relevant units and departments, and make corresponding data filings and corresponding file deposits.