Decree of the People’s Government of Guangdong Province

　　No. 195

　　The Measures of Guangdong Province on the Management of Dongjiang (River)-Shenzhen Water Supply Projectadopted at the Eighteenth Executive Meeting of the Twelfth Session of the People’s Government of Guangdong Province on December 18, 2013 are hereby promulgated and shall become effective as of August 1, 2014.

　　Governor

　　 Zhu Xiaodan

　　        January 6, 2014

　　Measures of Guangdong Province on the Management of Dongjiang

 (River)-Shenzhen Water Supply Project

Chapter I General Provisions

Article 1 

These Measures are formulated for the purposes of strengthening the protection and management of the Dongjiang River-Shenzhen water supply project (hereinafter referred to as the “Dong-Shen water supply project”), ensuring the normal operation of the project, and safeguarding the safety of water supply, in accordance with such laws and regulations as the Water Law of the People’s Republic of China, Law of the People’s Republic of China on the Prevention and Control of Water Pollution, and Regulations of Guangdong Province on the Administration of Water Conservancy Projects and in light of the actual situation of this Province.  

Article 2

These Measures shall apply to the protection, management and other relevant activities of the Dong-Shen water supply project.

Article 3

For the purpose of these Measures, the term “Dong-Shen water supply project” means the special hydraulic structures, electromechanical systems, communication equipment and their ancillary facilities and other supporting infrastructures located along with the line from the Taiyuan Pumping Station, Qiaotou Town of Dongguan City to the point of delivering the water to the Hong Kong Special Administrative Region in the Sancha River, Shenzhen City, which mainly includes:

(1) Such buildings and other ancillary facilities as the water supply reservoirs and courses, channels, open channels, aqueducts, tunnels, box culverts, buried pipes, inverted siphons, water lock(gate)s, overflow weirs, pumping and power stations, biological treatment engineering, water intakes and bleeders, diversion pipelines and measuring rooms;

(2) The land, water area and forests used or managed for the project;

(3) The power and communication facilities and equipment used with special purpose for the project;

(4) The hydrological monitoring facilities and water quality protection facilities for the exclusive use of the project; and

(5) The supporting facilities and equipment of production, living, working, traffic and safety enclosure for the project.

Article 4

The provincial water conservancy department shall be responsible for the water administration of the Dong-Shen water supply project.

The municipal water conservancy departments in Shenzhen and Dongguan shall be responsible for the water administration of the Dong-Shen water supply project within their respective administrative regions.

The provincial department of environmental protection shall be responsible for the unified supervision and management of water pollution prevention and control in the Dong-Shen water supply project and in the Dongjiang River drainage basin.

People’s governments at all levels located along the boundaries of the Dong-Shen water supply project shall effectively protect and manage the project and of the water quality in accordance with law.

Such departments as those of the economic and information technology, public security, national land resources, urban and rural planning, housing rural-urban construction, work safety of production supervision, transportation, agriculture, forestry, health, navigation, and maritime shall cooperate, in accordance with their respective functions and duties, and effectively carry out the related work.

Article 5

The management unit of the Dong-Shen water supply project shall be responsible for operating the Dong-Shen water supply project, whose major duties are:

(1) To manage the Dong-Shen water supply project and securing normal operation of the project;

(2) To supply the water to the Hong Kong Special Administrative Region with the priority in accordance with the water supply agreement, and to Shenzhen City and Dongguan City in accordance with the approved water allocation schemes and water supply plans, and securing the safety of water supply;

(3) To effectively carry out the flood control work of the Yantian Reservoir and the Shenzhen Reservoir in accordance with the instruction of the flood control headquarters of this Province and those of Shenzhen City and Dongguan City; and

(4) To effectively carry out the water quality monitoring of Dong-Shen water supply project.

Article 6 

The Dong-Shen Sub-bureau of the Shenzhen Public Security Bureau shall be responsible for investigating and handling such public security and criminal cases of illegal activities as endangering the safety or polluting the water of the Dong-Shen water supply project within the scope of management and protection of the project. If a case occurs within the administrative region of Dongguan City, the Dong-Shen Sub-bureau shall work with the local public security organ for case investigation and handling.

Article 7

All the units and individuals shall have the right to complain and report the act of endangering the safety of the Dong-Shen water supply project.

The water administration departments of Guangdong Province, Shenzhen City, and Dongguan City as well as the management unit of the Dong-Shen water supply project shall establish a complaining and reporting system and inform the public of the means of complaining and reporting.

Chapter IIScope of the Management and Protection

Article 8 

The management areas of the Dong-Shen water supply project include:

(1) The land and waters requisitioned and used by the project in accordance with law;

(2) A 5-metre horizontal extension along the edge of the water-supply river courses, channels, open channels, aqueducts, tunnels, box culverts, buried pipes, inverted siphons and water diversion pipelines, and a 50-metre horizontal extension along the edge of river-crossing buildings respectively, which are not requisitioned by the project; and

(3) Other management areas of the project delimited by law.

Article 9 

The protection areas of the Dong-Shen water supply project include:

(1) A 200-metre outward extension from the boundary of the management areas of the Yantian Reservoir, major and auxiliary dams of the Shenzhen Reservoir;

(2) A 10-metre outward extension from the boundary of management scope of the water-supply river courses, channels and water diversion pipelines;

(3) A 50-metre outward extension from the boundary of management scope of open channels, aqueducts, tunnels, box culverts, buried pipes and inverted siphons;

(4) A 500-metre of the Dongjiang River waters from the water intake of the Taiyuan Pumping Station to the upper and lower reaches respectively;

(5) A 5-metre extension from the side wire lines of 10 KV-voltage power lines, and a 10-metre extension from the side wire lines of 35 KV and 110 KV voltage power lines respectively within the area of two paralleled surface areas formed by the sidelines of the overhead power lines which are horizontally extended and perpendicular to the ground; and the area within two parallel lines formed by a 0.75-metre reach to each side of the ground mark of the underground power cables and communications lines;

(6) Other protection areas of the project delimited by law.

Article 10 

The water areas of both the intakes of the Dong-Shen water supply project and its related water lines, the water areas of both the Shenzhen Reservoir and the Yantian Reservoir, and the land areas for rain collection, shall be specified by law as the protection areas for drinking water resources. Where the protection areas of drinking water resources are specified or readjusted, the people's government at or above the prefecture level shall prepare the specification or readjustment plan, and submit it to the provincial people's government for approval.

Article 11

The management unit of the Dong-Shen water supply project shall establish permanent identification marks on the boundaries of such management and protection scopes.

Shenzhen and Dongguan Municipal People’s Governments shall establish clear geographic landmarks and obvious warning signs on the boundaries of the protection areas of such drinking water resources.

The establishment of such signs and landmarks within the road or highway construction control areas shall be subject to the approval of the highway administration department.

No unit or individual shall be allowed to arbitrarily dismantle, cover, move, alter or damage such signs and landmarks.

ChapterIII Provisions on the Management and Protection

Article 12

The management unit of the Dong-Shen water supply project shall establish and improve the patrol inspection and maintenance system.

Where the management unit of the Dong-Shen water supply project discovers any facility failure or safety problem in the process of patrol inspection and maintenance, it shall immediately repair same and eliminate the hidden risks.

Article 13 

Within the Dong-Shen water supply project’s management scope, there shall be no opening or closing lock gates, valves or other facilities and equipment of the water supply project, or driving of tracked or overloaded vehicles or stacking large numbers of construction material or dangerous goods on the covering surface of project facilities.     

Within the Dong-Shen water supply project’s management scope, there shall be no opening or closing lock gates, valves or other facilities and equipment of the water supply project, or driving of tracked or overloaded vehicles or stacking large numbers of construction material or dangerous goods on the covering surface of project facilities.

Within the Dong-Shen water supply project’s protection areas, there shall be no such dangerous activities as blasting, quarrying, soiling and dynamic compaction, producing and storing dangerous goods, which are likely to endanger the safety of water conservancy project or pollute the water; nor fishing, construction of illegal structures or conducting high lifting operations under the high pressure lines; nor other activities that are likely to endanger the safety of high voltage transmission and communications lines and relevant facilities.

The prohibitive provisions of such laws and regulations as the Water Law of the People’s Republic of China and Regulations of Guangdong Province on the Administration of Water Conservancy Projects shall be strictly enforced within the management and protection areas of the Dong-Shen water supply project.

Article 14

Any activities of changing the landform, blasting and storing the flammable and combustible materials outside the protection areas of the Dong-Shen water supply project shall not endanger the safety of the project and pollute the water.

Article 15 

Within the drinking water resources protection scope of the Dong-Shen water supply project, there shall be no construction, reconstruction or expansion of the wharfs, gravel or brick factories which might pollute the water, and any existing wharfs, gravel or brick factories shall be removed, closed or demolished under the order of the relevant people’s government at or above the county level within the prescribed period.

The prohibitive provisions of the Law of the People’s Republic of China on the Prevention and Control of Water Pollution, the Regulations of Guangdong Province on the Protection of Drinking Water Source Quality and other relevant laws and regulations shall be enforced within the management and protection areas of the Dong-Shen water supply project.

Article 16

The construction scheme of any construction program to be newly constructed, reconstructed and expanded within the management and protection areas of Dong-Shen water supply project shall be submitted to the competent water administration department for review and approval, and the water administration department shall solicit opinions from the management unit of the Dong-Shen water supply project before the review decision is made.

The construction unit shall submit the following documents when applying for review of the construction program:

(1) Letter of application for approval of the construction program;

(2) Overall plans of the construction program concerning the management and protection areas of the Dong-Shen water supply project; and

(3) The analysis report on the safety impact of the construction program on the Dong-Shen water supply project.

Article 17

The construction operation within the management areas of the Dong-Shen water supply project shall be conducted with special protective measures, which shall obtain the consent of the management unit of the project.

The construction operation within the protection areas of the Dong-Shen water supply project shall be conducted with special protective measures, which shall notify the management unit of the project in writing seven (7) days in advance prior to the start of the project. Where the construction operation is for project construction repairs, the management unit of the Dong-Shen water supply project shall be notified of same in a timely manner.

The construction unit shall be subject to the safety protection guidelines of the Dong-Shen water supply management unit.

Article 18 

When constructing highway, railway and other such engineering facilities, which will cross the Dong-Shen water supply project, the construction unit shall establish protective facilities which will ensure the safety of the Dong-Shen water supply project, and establish and maintain the signs of limiting vehicle height, width and vehicle loading in accordance with relevant national regulations.

Motor vehicles utilizing such highway crossings shall comply with the provisions of limiting the height, width and loading, and shall not impact the protective facilities.

Article 19

When the management unit of the Dong-Shen water supply project is maintaining or urgently repairing facilities of the project, the organizations and individuals concerned shall provide their support and cooperation, and shall not obstruct or interfere with the maintenance or repair work.

When the management unit is conducting any urgent repair or rescue, it may use adjoining land or facilities in advance of permission in case of emergency, but shall inform the property owners or user rights holders in a timely manner.

Where land, fixtures or facilities are damaged due to such work as the patrol inspection, maintenance, urgent repair and rescue of facilities of the Dong-Shen water supply project, the management unit shall effect restoration or compensate the owners or holders of such land, fixtures or facilities.

Article 20 

The competent provincial departments of water administration and environmental protection as well as the people’s governments at all levels along the boundaries of the Dong-Shen water supply project shall establish emergency response mechanisms on the project safety and water pollution, and make corresponding contingency plans according to law.

The management unit of the Dong-Shen water supply project shall make their own contingency plan under law, provide emergency staff, facilities and material for emergent rescue and water pollution and practice emergency maneuvers regularly.

Where an incident involving the Dong-Shen water supply project occurs, the management unit shall launch the contingency plan immediately, take effective measures to remove or reduce its harm, and report it to the competent provincial water administration department and the people’s government where the incident occurs as required by the relevant regulations. The competent provincial water administration department and people’s governments at all levels along the boundaries of the Dong-Shen water supply project shall launch their contingency plans and take appropriate measures in a timely manner. 

Article 21

The management unit of the Dong-Shen water supply project shall, in accordance with the total amount of water for use approved by the provincial people’s government and the amount of water for use and the intake plan permitted by the competent provincial water administration department, take water, and shall obey the water allocation scheme and the contingency water allocation scheme.

Water users shall control the total volume of water and obey the water allocation scheme approved by the management unit of the Dong-Shen water supply project.

No unit or individual shall intercept and control the water resources, or take water arbitrarily or interrupt the order of water supply.

Water users shall pay their water charges (including the charge for water resources and price adjustment fund) in a timely manner to the management unit of the Dong-Shen water supply project in accordance with the charging standards checked and ratified by the competent provincial price administration department. The management unit of the Dong-Shen water supply project shall pay in aggregate both the collected water resources charges and price adjustment fund in accordance with relevant regulations.

Article 22 

Where there is an act of violating the water administration of these Measures, the competent department of water administration where the violation occurs shall investigate and handle such violation by law. Where such violation involves more than one prefecture-level city or is complex and has a significant adverse impact, the provincial water administration department shall investigate and handle it by law.

Where such violation is provided by law to be subject to the jurisdiction of the environmental protection, national land and resources, forestry and fishery authorities or other competent administrative departments, they shall investigate and handle it by law.

Chapter IV Legal Liability

Article 23

Where the water administration, environmental protection or any other competent department, in violation of these Measures, fails to perform their duties, the superior department or supervisory authority shall order them to make corrections; and the appropriate appointing and removal authority or the supervisory authority shall legally impose sanctions on the person(s) in charge and other responsible personnel.

Article 24

Where the management unit of the Dong-Shen water supply project, in violation of these Measures, fails to perform its duties, the competent provincial department of water administration shall order them to make corrections within the prescribed period; and the competent department shall legally impose sanctions on the person(s) in charge and other responsible personnel.

Article 25 

Where there is a violation of Paragraph 4 of Article 11 hereof, the competent water administration department at or above the county level shall order the unit and/or individual concerned to stop such illegal act and to restore to its original status or compensate for the economic loss, and impose the individual a fine of not more than 100 yuan and the legal person or other organization concerned a fine of not more than 2,000 yuan. 

Article 26 

Where there is a violation of Paragraphs 1 and 2 of Article 13 of these Measures, the competent water administration department at or above the county level shall order the unit concerned to stop such illegal act and restore to its original status or compensate for the economic loss, and impose a fine of not less than 2,000 yuan but not more than 10,000 yuan. Where the circumstances are serious, the department shall impose the unit concerned a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 27 

Where there is a violation of Article 17 of these Measures, the competent water administration department at or above the county level shall order the unit concerned to stop the construction and make corrections; and impose a fine of not less than 50,000 yuan but not more than 100,000 yuan if the unit concerned fails to make such corrections within the prescribed time limit.

Article 28 

Where there is a violation of any of the provisions of the Measures, which constitutes a breach of public security administration, administrative penalties for public security may be imposed on the wrongdoer under law. Where the violation is suspected of constituting a crime, it shall be referred to the appropriate judicial authority for investigation of the criminal liability in accordance with law.

Chapter V Supplementary Provisions

Article 29

These Measures shall become effective as of March 1, 2014. The Measures of Guangdong Province on the Management of the Dong-Shen Water Supply Project promulgated on January 18, 1994 by the People’s Government of Guangdong Province shall be repealed simultaneously.