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Flood Control Law of the People's Republic of China

(Adopted at the 27th Meeting of the Standing Committee of the Eighth  National People's Congress

 on August 29, 1997)


CHAPTER I GENERAL PROVISIONS 

Article 1 This Law is enacted for the purpose of controlling floods,  guarding against and mitigating damage done by floods and water-logging,  preserving the safety of people's lives and property, and ensuring the  socialist modernization drive.

Article 2 In flood control the principles of comprehensive planning,  overall consideration, prevention first, all-purpose harnessing, and the  interests of the part being subordinate to the interests of the whole shall  be followed.

Article 3 The construction of projects and facilities for flood control shall  be incorporated into the national economic and social development plans.

The funds for flood control shall be raised in accordance with the  principle of combining government investment with rational contributions by  beneficiaries.

Article 4 Water resources shall be developed, utilized and protected in  conformity with the overall arrangement for flood control and in  adherence to the principle of deriving benefits being combined with  eliminating damage.

Rivers and lakes shall be harnessed and projects and facilities for flood  control shall be built in conformity with the comprehensive plans for river  basins and in combination with the all-purpose development of the water  resources in the river basins.

For the purposes of this Law, comprehensive plans mean the comprehensive plans   for the development and utilization of water resources and for controlling  floods.

Article 5 Flood control shall be carried out under unified planning and  implementation at different levels on the basis of river basins or  administrative regions and under a system whereby the management of river   basins shall be combined with the management of administrative regions.

Article 6 Every unit and individual has the obligation to protect the  projects and facilities for flood control and join, in accordance with law,  in efforts to control and fight floods.

Article 7 The people's governments at various levels shall strengthen the  unified leadership over flood control, organize relevant departments and  units, mobilize the general public, rely on the achievements in science  and technology, harness rivers and lakes in a planned way, adopt measures to  reinforce the projects and facilities for flood control, consolidate and  increase the flood control capacity.

The people's governments at various levels shall organize relevant  departments and units and mobilize the general public to achieve  successes in flood control and flood fighting and to make good  arrangement for rehabilitation and relief after flood and water-logging  disaster.

The people's governments at various levels shall give support and help to  the flood storage and detention basins, giving them compensation or relief  in accordance with the regulations of the State, after flood storage and  detention.

Article 8 Under the direction of the State Council, the water  administration department under the State Council shall be in charge of the  day-to-day work in the way of organizing and coordinating efforts for  exercising supervision over and giving guidance to flood control throughout  the country. The river basin authorities set up for the major rivers and  lakes, designated as such by the State, by the water administration  department under the State Council shall, within the areas under their  jurisdiction, exercise the functions and duties of coordinating the  efforts for, exercising supervision over and administration of,  flood control as provided for by laws and administrative rules  and regulations and authorized by water administration department  under the State Council.

The construction administration department under the State Council and other   departments concerned shall, under the direction of the State Council,  be in charge of the relevant work for flood control in conformity with  their respective functions and duties.

The water administration departments of the local people's governments at  or above the county level shall be in charge of the day-to-day work in the  way of organizing and coordinating efforts for exercising supervision  over and giving guidance to flood control within their administrative  regions. The construction administration departments of the local people's  governments at or above the county level and other departments concerned  shall, under the direction of the people's governments at the  corresponding levels, be in charge of the relevant work for flood control in  conformity with their respective functions and duties.

CHAPTER II PLANS FOR FLOOD CONTROL

Article 9 Plans for flood control mean the overall plans formulated for  controlling flood and water-logging disasters in a given river basin, river  section or region, including flood control plans for basins of the major  rivers and lakes designated as such by the State, for other rivers,  river sections and lakes and for regions.

A flood control plan shall be subordinate to the comprehensive plan for the  given river basin or region. A flood control plan for a region shall be  subordinate to the flood control plan for the given river basin.

A flood control plan shall provide the basis for the harnessing of  rivers and lakes and for the building of projects and facilities for flood  control.

Article 10 Flood control plans for the major rivers and lakes designated as  such by the State shall be formulated, on the basis of the  comprehensive plans for the basins of these rivers and lakes, by the water   administration department under the State Council in conjunction with the  relevant departments and the people's governments of the relevant  provinces, autonomous regions or municipalities directly under the Central  Government, and shall be submitted to the State Council for approval.

The flood control plans for other rivers, river sections and lakes or for  regions shall be formulated separately on the basis of the  comprehensive plans for river basins or for regions by the water  administration departments of the local people's governments at or above the  county level in conjunction with the relevant departments and  authorities of the relevant regions, and shall be submitted to the  people's governments at the corresponding levels for approval and to the water  administration departments of the people's governments at the next higher  level for the record. Flood control plans for rivers, river sections or  lakes covering different provinces, autonomous regions or municipalities  directly under the Central Government shall be drawn up by the river basin  authorities concerned in conjunction with the water administration  departments and the competent departments concerned of the people's  governments of the provinces, autonomous regions or municipalities  directly under the Central Government where the rivers, river sections or  lakes are located. These plans shall, after examination and comment  made respectively by the people's governments of the relevant provinces,  autonomous regions or municipalities directly under the Central Government,  be submitted to the water administration department under the State Council  for approval.

An urban flood control plan shall be made by the water administration  department, the construction administration department and other  departments concerned under the mobilization of the municipal people's  government, on the basis of the flood control plan for the river basin and  the regional flood control plan of the people's government at the next  higher level. Such plan, after being approved through the procedure for  examination and approval prescribed by the State Council, shall be  incorporated into the overall plan for the city.

Any modification to the flood control plan shall be submitted for  approval to the organ that originally approved the plan.

Article 11 Flood control plans shall be made in adherence to the  principles of ensuring safety of the vital places while taking into  account the other places in general, combining flood control with  drought fighting and engineering measures with non-engineering measures,  giving full consideration to the regular pattern of flood and water-  logging, the relationship between the upper and lower reaches and the left  and right banks of rivers and the requirements of the national economy  for flood control, and making these plans consistent with the national land  plans and the overall plans for land use.

In flood control plans the objects to be protected, the objectives and tasks  of harnessing, flood control measures and implementation programs shall be  defined, the areas of flood basins, of flood storage and detention  basins and the areas to be protected against floods shall be delimited, and  the principles for the use of flood storage and detention basins shall be laid  down.

Article 12 The local people's governments at or above the county level of  coastal areas under the threat of storm tides shall include storm tide  control in their flood control plans, build a strong system of projects  for protection against storm tides, including sea-dikes (seawalls),  tide-block sluices and shelter forests along the coast, and see to it that  design and construction of buildings and structures meet the needs for  protection against storm tides.

Article 13 The local people's governments at or above the county level of  the areas where mountain torrents may cause landslide, collapse and mud-rock  flow and of the areas where mountain torrents frequently occur shall mobilize  the geology and mining administration departments, water administration  departments and other departments concerned to make an overall investigation  of the hidden dangers of landslide, collapse and mud-rock flow, delimit the  key areas for prevention and control and take measures to prevent and control  them.

Urban, rural, and other residential areas, and factories, mines and main lines  of railways and highways shall be located away from the threat of mountain  torrents. Protective measures shall be taken for those already built in areas  under such threat.

Article 14 The local people's governments of such areas liable to water-  logging as flatlands, low-lying lands, low-lying areas in river  embankment network, valleys and basins shall formulate plans for the  drainage and control of water-logging, mobilize the departments and units  concerned to take appropriate measures to keep water-logging under control, to  improve the drainage system, to develop different kinds and varieties of  waterlogging-tolerant crops and to take all-purpose measures to control  flood, water-logging, drought and saline-alkali.

The people's governments of cities shall redouble their efforts to build and  manage the pipe networks and pump stations for drainage of flooded districts.

Article 15 The water administration department under the State Council shall   formulate, in conjunction with the relevant departments and people's  governments of relevant provinces, autonomous regions or municipalities   directly under the Central Government, plans for harnessing the  estuaries of the Yangtze, Yellow, Pearl, Liaohe and Huaihe rivers.

Land from the estuaries of the rivers mentioned above shall be reclaimed in  compliance with the plans for harnessing these estuaries.

Article 16 The land set aside for river regulation in flood control plans   and the land within the areas for dikes to be constructed according  to the plans may be delimited as planned reserves, after examination and   verification conducted by the land administration departments and the  water administration departments in conjunction with the authorities of  relevant regions and after approval given by the people's governments at  or above the county level in line with the limits of authority as  prescribed by the State Council. Where the land within the reserves is  involved in other projects, the relevant land administration department  and water administration department, when examining the matter, shall  consult the departments concerned.

The planned reserves shall be made known to the general public once they are  delimited as such in accordance with the provisions of the preceding  paragraph.

No industrial or mining engineering facilities which are irrelevant to flood   control may be built in the planned reserves mentioned in the preceding  paragraph. However, in special cases where industrial or mining projects  of the State really need to be built in the land within such planned  reserves, an application for approval shall be submitted in accordance with  the procedure for capital construction as prescribed by the State and the  water administration department concerned shall be consulted.

The land within the area for expanding or constructing man-made flood  discharge channels set aside in the flood control plans, after  examination and verification conducted by the land administration  departments and water administration departments of the people's  governments at or above the provincial level in conjunction with the  departments concerned and the authorities of relevant regions and after  approval given by the said governments in line with the limits of  authority as prescribed by the State Council, may be delimited as  planned reserves to which the provisions of the preceding paragraph shall  apply.

Article 17 Flood control projects and other water projects and  hydropower stations to be built across rivers and lakes shall be  constructed in compliance with the requirements of flood control plans.  Sufficient storage capacity shall be reserved in reservoirs in  accordance with the requirements of flood control plans.

When the feasibility study report for the construction of a flood  control project or any other water project or hydropower station  mentioned in the preceding paragraph is submitted for approval in  compliance with the procedure for capital construction as prescribed by the  State, a written consent signed by the water administration department   concerned to show that the plan for the project meets the requirements of  the flood control plan shall be attached to it.

CHAPTER III CONTROL AND PROTECTION

Article 18 River floods shall be controlled both by storing and  discharging them, by bringing into full play the flood passage capacity of  river channels and the functions of reservoirs, low-lying land and lakes to   regulate and store floods, effectively protecting the river channels, and  adopting suitable measures to desilt and dredge at regular intervals so as to  ensure smooth passage of floods.

River floods shall be controlled with the aim of protecting and  enlarging the vegetation including trees and grass in river basins,  conserving water and maintaining effective comprehensive control of water  and soil conservation in river basins.

Article 19 When river channels are regulated and projects for  controlling and guiding river flow and for protecting dikes and banks are  constructed, consideration shall be given to the relationship between  the upper and lower reaches and between left and right banks, the planned  river-flow guiding line shall be followed, and the direction of river flow may  not be changed without authorization.

The planned river-flow guiding lines for major rivers designated as such by  the State shall be charted by the river basin authorities and submitted  to the water administration department under the State Council for approval.

The planned river-flow guiding lines for other rivers and river sections shall   be charted by the water administration departments of the local people's  governments at or above the county level and submitted to the said  governments at the corresponding levels for approval. The planned river-flow  guiding lines for rivers and river sections covering different  provinces, autonomous regions or municipalities directly under the Central  Government and the ones for river channels bordering on different  provinces, autonomous regions or municipalities directly under the central  Government shall be charted by the water administration departments of the   people's governments of the relevant provinces, autonomous regions or  municipalities directly under the Central Government, under the  mobilization of the relevant river basin authorities, and submitted to  the water administration department under the State Council for approval  after they are examined and commented on by the people's governments of  the relevant provinces, autonomous regions or municipalities directly under  the Central Government.

Article 20 Where the regulation of river channels and lakes involves  navigation channels, the needs of navigation shall be taken into  consideration and the communications administration department shall be  consulted in advance. The regulation of navigation channels shall meet the  safety requirements of flood control for rivers and lakes and the water  administration department shall be consulted in advance.

Where river channels in which bamboo and log are rafted and fishery is  developed are regulated, the needs of rafting bamboo and log and  developing fishery shall be taken into consideration and the forestry  administration departments and fishery administration departments shall be  consulted in advance. Bamboo and log rafting in river channels may not  threaten the safety of projects and facilities for flood passage and control.

Article 21 River channels and lakes shall be managed in adherence to the  principle of unified administration being combined with administration at  different levels for each river system, with stress on protection to ensure  that the rivers and lakes are unblocked.

The main river sections of the major rivers and lakes designated as such by  the State, the important river sections and lakes covering different  provinces, autonomous regions or municipalities directly under the  Central Government, rivers and lakes bordering on provinces, autonomous  regions or municipalities directly under the Central Government and  rivers and lakes as national boundaries (frontiers) shall be managed in  accordance with law by the river basin authorities and the water  administration departments of the people's governments of the provinces,  autonomous regions or municipalities directly under the Central  Government, where such rivers and lakes are located, in conformity with the  delimitation made by the water administration department under the State  Council. Other rivers and lakes shall be managed in accordance with law by  the water administration departments of the local people's governments at or  above county level in conformity with the delimitation made by the water  administration department under the State Council or of the organs authorized  by the said department.

The range of management of river channels and lakes that are protected by  dikes covers the water area, sandbar, shallows and flood passage area between  the dikes of two banks, the dikes and the land for dike protection.  The range of management of river channels and lakes under no protection of  dikes covers the water area, sandbar, shallows and flood passage area  inundated by the highest flood level on records or the designed flood  level.

The range of management of river channels and lakes directly under river basin   authorities shall be delimited by river basin authorities in conjunction   with the local people's governments at or above the county level in  accordance with the provisions of the preceding paragraph. The range of  management of other river channels and lakes shall be delimited by the  relevant local people's governments at or above the county level in  accordance with the provisions of the preceding paragraph.

Article 22 The use of land and shorelines that come within the range of  management of river channels and lakes shall meet the requirements of flood  passage and water delivery.

Construction of buildings and structures blocking flood passage, dumping of  rubbish or dregs and activities adversely affecting the stability of river  regime or threatening the safety of river banks or dikes or other activities  impeding flood passage within the range of management of river channels  and lakes are prohibited.

No trees or long-stalk crops that block flood passage may be planted in river  channels for flood passage.

The speed of boats and ships shall be limited within the river sections where   navigation may threaten the safety of the dikes. The signs of speed  limit shall be set up by the communications administration department  after consulting the water administration department.

Article 23 Reclamation of land from lakes is prohibited. Where such land is  already reclaimed, it shall be brought under control in conformity with the   standards set by the State for flood control and changed to lake again in  accordance with plans.

Reclamation of land from river channels is prohibited. Where such  reclamation is really necessary, scientific demonstration shall be made and  the matter shall be submitted to the people's government at or above the  provincial level for approval after the water administration department   confirms that flood passage and water delivery are not impeded by  reclaiming.

Article 24 The local people's government shall make plans to have the  residents move out of the river channels for flood passage.

Article 25 The river channel or lake administration authorities shall  arrange for the planting and tending of trees along the protection dikes or  banks of the river or lake. No trees along the protection dikes or banks  may be felled without authorization. Anyone who wishes to fell trees along  the protection dikes or banks shall first obtain consent of the river channel  or lake authorities and go through the formalities for a felling permit in  accordance with law and fulfill the quotas for replanting the trees.

Article 26 With regard to the bridges, approach roads, wharves and other  cross-river projects and facilities that cause serious water choking or  blocking, the water administration departments concerned may, on the basis   of the standards for flood control, submit a proposal requesting the  people's governments at or above the county level to order, in line with the   limits of authority as prescribed by the State Council, the construction  units to improve or demolish them within a time limit.

Article 27 If any unit wishes to construct such projects and facilities as  bridges, wharves, roads, ferries, pipelines, cables, drawing water projects  and drainage works which cross over or go through rivers, or cross dikes or  border on rivers, shall see to it that they conform to the standards for  flood control, shoreline plans, the requirements for navigation and other  technical requirements and that they shall not threaten the safety of the  dikes, adversely affect the stability of the river regime or impede the  smooth passage of floods. Before it submits its feasibility report for  approval in compliance with the procedure for capital construction prescribed  by the State, its construction programme for the projects attached to the  said report shall be subject to the examination and consent by the water  administration department concerned in accordance with the standards for flood  control mentioned above.

If construction of the projects and facilities mentioned in the  preceding paragraph needs to occupy the land within the range of  management of river channels or lakes, to cross over the space above them  or to cross through riverbeds, the construction unit shall apply to the  water administration department concerned for examination of and approval  for the positions and limits of the said projects and facilities  before it may, in accordance with law, go through the formalities for  starting construction. It shall carry out construction in the positions  and within the limits approved by the water administration department.

Article 28 The water administration department shall have the right, in  accordance with law, to inspect the projects and facilities being  constructed according to the provisions of this Law, within the range of  management of rivers and lakes; the unit under inspection shall provide the  water administration department with relevant truthful materials and data.

When construction of the projects and facilities mentioned in the  preceding paragraph is completed, there shall be members of the water  administration departments participating in the checking for acceptance.

CHAPTER IV MANAGEMENT OF FLOOD CONTROL ZONES AND OF PROJECTS AND  FACILITIES FOR FLOOD CONTROL

Article 29 Flood control zones refer to the areas that may be inundated by  floods, namely, the flood basins, the flood storage and detention basins,  and the areas protected against floods.

The flood basins are areas that are subjected to inundation and are not yet  protected by any projects or facilities.

The flood storage and detention basins are the low-lying lands and lakes  beyond the back scarps of the dikes, including the flood diversion  outfalls, used for temporary storage of floods.

The areas protected against floods are areas protected by projects and  facilities for flood control in conformity with standards for flood  control.

The areas of the flood basins, the flood storage and detention basins and  the areas protected against floods shall be delimited in plans for flood  control or the programmes for protection against floods and shall be made  known to the general public after they are submitted to the people's  governments at or above the provincial level and approved in line with the  limits of authority prescribed by the State Council.

Article 30 The people's governments at various levels shall, according to  the plans for flood control, discriminatingly control the use of the land in  the different basins or areas within the flood control zones.

Article 31 The local people's governments at various levels shall,  strengthen leadership over the work regarding the safety in the flood  control zones, mobilize the departments and units concerned to conduct  education among the units and residents in the flood control zones in the  importance of flood control, disseminate the knowledge of flood control  and enhance their awareness of the danger of inundation; they shall set up  and improve, in accordance with plans for flood control and programmes for  protection against floods, the flood control system and the systems of  hydrology, meteorology, telecommunications, pre-warning and the monitoring  of flood and water-logging disasters, so as to increase their ability in  protecting against floods; and they shall mobilize the units and residents  in the flood control zones to take an active part in the effort to control  floods and adopt the measures suitable to local conditions to control and  ward off floods.

Article 32 The people's governments of the provinces, autonomous regions or  municipalities directly under the Central Government, where flood basins or  flood storage and detention basins are located, shall mobilize the local  authorities and departments concerned to formulate, according to the  requirements of plans for flood control, programmes for the safety in  flood basins, to control the population growth in flood storage and  detention basins, to get the residents living in the frequently used  flood storage and detention basins to move out according to plans, and to take  other necessary safety control measures.

The authorities of regions and units that benefit directly from the flood   storage and detention basins shall have the obligation to make  compensation and provide relief for these basins according to the  regulations of the State. The State Council and the people's governments of  the provinces, autonomous regions or municipalities directly under the  Central Government concerned shall set up the system for giving support,  making compensation and providing relief with regard to the flood storage  and detention basins.

The State Council and the people's governments of the provinces,  autonomous regions or municipalities directly under the Central  Government concerned may formulate measures for the safety in the flood  basins and flood storage and detention basins and for support,  compensation and relief for flood storage and detention basins.

Article 33 For the construction of projects, not for the purpose of flood   control, within the flood basins or flood storage and detention basins, an   assessment of the potential effect of floods on the construction  projects and the potential effect of the construction projects on flood  control shall be made, a report on the assessment of flood effect shall be  prepared, and measures against such effect shall be proposed. When the  feasibility study report on a construction project is submitted for  approval according to the procedure for capital construction prescribed  by the State, it shall be attached with the report on the assessment of  flood effect examined and approved by the relevant water administration  department.

The report on the assessment of flood effect on oil fields, railways,  highways, mines, power plants, telecommunications equipment and  pipelines to be constructed in the flood storage and detention basins shall   include programmes prepared by the construction unit itself for controlling   or warding off floods. When a construction project is put into production  or use, its projects and facilities for flood control shall be checked for  acceptance by the water administration department.

The flat-roof structure shall be adopted for the houses built in flood  storage and detention basins.

Article 34 Large and medium-sized cities, important main lines of  railways and highways, and large key enterprises shall be listed as the focal  points of flood control and their safety shall be ensured.

The cities, economic development zones, industrial and mining areas, and  important agricultural bases of the State that are vulnerable to floods shall  enjoy special protection and necessary projects and facilities for flood  control shall be constructed there.

In urban construction, no river channels, ditches, river forks, water  storage lakes, ponds, depressions or shallow lakes may be blocked or  filled up and no dikes for flood control may be leveled without  authorization. Where it is definitely necessary to do so, the matter shall   be submitted to the water administration department for examination   and consent and to the municipal people's government for approval.

Article 35 The area of management and protection for the projects and  facilities for flood control owned by the State shall be delimited, in  accordance with the approved design and State regulations, by the  people's governments at or above the county level before such projects and  facilities are completed and accepted.

The area of protection for projects and facilities for flood control owned   by the collective shall be delimited in accordance with the regulations  of the people's governments of provinces, autonomous regions or municipalities  directly under the Central Government.

Within the area of protection for projects and facilities for flood  control, activities that jeopardise the safety of projects and  facilities for flood control such as exploding, well-digging, quarrying and  earth-borrowing are prohibited.

Article 36 The people's governments at various levels shall mobilize the  departments concerned to strengthen regular inspection of and  supervision over reservoirs and dams. For the dangerous dams that fail to  meet the designed standards for flood control or the requirements for  fortification against earthquake or that have serious defects in  quality, the dam administration department shall mobilize the units  concerned to take measures to reinforce the dams and to remove the  danger or rebuild the dams within a time limit, and the people's  governments concerned shall give priority to allocation of the funds  needed. For the reservoir where the dam may possibly break down, plans for  emergency repair and for temporary evacuation of the residents shall be made  in advance.

The people's governments at various levels and the competent departments  concerned shall strengthen supervision over tailing dams and take  measures to prevent them from being broken down by floods.

Article 37 No units or individuals may undermine, occupy, or damage such flood   control projects as dams of reservoirs, dikes, sluices, revetments,  pumping stations, and drainage canal systems, hydrologic and  telecommunications facilities, and the equipment and materials prepared for  flood control.

CHAPTER V FLOOD CONTROL AND FLOOD FIGHTING

Article 38 Flood control and flood fighting shall be carried out under the  system whereby the administrative chief of the people's government at any  level assumes full responsibility under unified command and departments  at various levels shall assume their respective responsibilities.

Article 39 The State Council shall set up the National Flood Control  Headquarters, which shall be responsible for guiding and organizing flood  control and flood fighting throughout the country, and the office of the  National Flood Control Headquarters shall be set up in the water  administration department under the State council.

For the major rivers and lakes designated as such by the State, flood  control headquarters consisting of leading members of the people's  governments of the relevant provinces, autonomous regions or  municipalities directly under the Central Government and of the river basin  authorities of the said rivers and lakes may be set up in order to direct  flood control and flood fighting within the area under their jurisdiction,   and their offices shall be set up in the river basin authorities.

The local people's government at or above the county level which is  assigned with the tasks of flood control and flood fighting shall set up its  flood control headquarters consisting of leading members of the  departments concerned, of the troops stationed there and of the local  arm-the-people department in order to direct flood control and flood  fighting in the area, under the guidance of the flood control  headquarters at higher levels and the people's government at the  corresponding level, and the office of the headquarters shall be set up in  the water administration department at the corresponding level. When  necessary, upon decision by the municipal people's government, the flood  control headquarters may also set up an urban area office in the  construction administration department, which shall be in charge of the  routine work for flood control and flood fighting, within the urban area,  under the unified guidance of the flood control headquarters.

Article 40 The local people's government at or above the county level which   is assigned with the tasks of flood control and flood fighting shall draw   up flood control programmes (including measures for a catastrophic  flood) on the basis of the comprehensive plan for the river basin, the actual  conditions of the projects for flood control and the standards for flood  control prescribed by the State.

The flood control programmes for the Yangtze, Yellow, Huaihe and Haihe  rivers shall be formulated by the National Flood Control Headquarters and  submitted to the State Council for approval; the flood control programmes   for other rivers covering different provinces, autonomous regions or  municipalities directly under the Central Government shall be formulated by  river basin authorities concerned in conjunction with the people's  governments of relevant provinces, autonomous regions or municipalities  directly under the Central Government and submitted to the State Council or  the department authorized by the State Council for approval. Once the flood  control programmes are approved, the local people's governments concerned  must execute them.

The flood control headquarters at various levels, and the departments and  units shouldering the tasks of flood control and flood fighting must make  preparations for flood control and flood fighting in accordance with the  flood control programmes.

Article 41 The flood control headquarters of the people's governments of  provinces, autonomous regions and municipalities directly under the  Central Government shall, on the basis of the flood pattern, specify the  starting and ending dates of a flood season.

When the water condition of a river or lake is close to the guaranteed water  level or the safe flow or the water level of a reservoir is close to the  designed flood level or, when a flood control project or facility is found to  be in a critically dangerous condition, the flood control headquarters of  the people's government at or above the county level concerned may declare  the start of an urgent flood control period.

Article 42 Flood control headquarters shall order the removal, within a time  limit, of the obstacles to flood passage within the areas of river channels  or lakes in accordance with the principle of whoever puts the obstacles  removes them. If the person fails to remove the obstacles at the expiration  of the time limit, the flood control headquarters shall have them removed,  and the expenses thus incurred shall be born by the person who puts the  obstacles.

During an urgent flood control period, the National Flood Control  Headquarters or the flood control headquarters of the provinces,  autonomous regions or municipalities directly under the Central  Government or of the river basins it authorized shall have the power to take  emergency measures with respect to the bridges, approach roads, wharves  and other cross-river projects that have caused serious water choking or  blocking.

Article 43 During a flood season, the meteorological, hydrological and  marine departments concerned shall fulfill their respective duties by  promptly providing the relevant flood control headquarters with real- time  information on weather and hydrology and windstorm tide forecasts;  departments of telecommunications shall give priority to providing  services for flood control and flood fighting; and departments of  transport, electric power, and goods and materials and other departments  concerned shall give priority to providing services for flood control and  flood fighting.

The Chinese People's Liberation Army, the Chinese People's Armed Police Force   and the people's militia shall perform the tasks of fighting floods and  dealing with emergencies as assigned by the State.

Article 44 During a flood season, the reservoirs, sluice gates and other water   projects and facilities shall be used under the control and supervision  of the flood control headquarters concerned.

During a flood season, water in any reservoir may not, without  authorization, be stored above the limits of flood-season water level; the  flood-control storage capacity above the limits of flood-season water  level shall be used under the control and supervision of the flood control  headquarters concerned.

During an ice flood season, the amount of water to be discharged from  reservoirs of the upper reaches of the rivers that give rise to ice  floods shall be subject to consent and supervision of the relevant flood  control headquarters concerned.

Article 45 During an urgent flood control period, flood control  headquarters shall have the power to requisition, according to the needs of  flood control and flood fighting and within the area under their  jurisdiction, materials, equipment, means of transport and manpower and to  decide to borrow earth, occupy land, fell trees, remove obstacles that  block water flow and to take other necessary emergency measures; when  necessary, public security organs, departments of communications and other  departments concerned may, in accordance with decisions of flood control  headquarters, enforce traffic control on land and water.

The materials, equipment, means of transport, etc. requisitioned  according to the provisions in the preceding paragraph shall be returned  without delay after the flood season ends; for those that are damaged or  unreturnable, appropriate compensation shall be made or, the matter shall  be dealt with otherwise, in accordance with the regulations of the State  Council. Where earth has been borrowed or trees have been felled, the  formalities shall, in accordance with law, be completed afterwards with the  departments concerned after the flood season ends; the local people's  governments concerned shall see to it that the land from which earth has  been borrowed is reclaimed and that new trees are planted where trees have  been felled.

Article 46 When the water level or flow of rivers or lakes has reached the  standard for flood diversion as set by the State so that flood storage  and detention basins need be used, the State Council, the National  Flood Control Headquarters, the river basin flood control headquarters,  the people's governments of provinces, autonomous regions or municipalities  directly under the Central Government, and the flood control headquarters  of the provinces, autonomous regions or municipalities directly under  the Central Government may decide to use them in accordance with the  conditions for their use and the procedure for approval as stipulated in  the flood control programmes that are lawfully approved. No units or  individuals may impede or delay the use of the flood storage and detention  basins; in case it happens, the local people's governments at or above the  county level concerned shall enforce the use.

Article 47 In the wake of a disaster of flood or water-logging, the  people's governments concerned shall mobilize the departments and units  concerned to ensure the supply of the daily necessities, sanitation and  epidemic prevention, the supply of goods and materials for disaster  relief, maintenance of public order, resumption of school classes and  production, rehabilitation of homes, success in other relief work and  repair of each and every project or facility damaged by flood in the area  under their jurisdiction. Repair of the projects and facilities for flood  control damaged by flood shall be placed on top of the annual construction  plans of the departments concerned.

The State shall encourage and support the development of flood  insurance.

CHAPTER VI ENSURING MEASURES

Article 48 The people's governments at various levels shall take  measures to increase their overall investment in flood control.

Article 49 Investments needed for the harnessing of rivers and lakes and for  the construction and maintenance of projects and facilities for flood  control shall be made by the Central Government and the local governments  at different levels in adherence to the principle of the unity of  administrative power and financial power. The investments needed for the   construction and maintenance of urban projects and facilities for flood  control shall be made by the municipal people's governments.

Enterprises and institutions of oil, pipelines, railways, highways,  mines, electric power, telecommunications, etc., which are situated in areas   vulnerable to floods, shall raise funds themselves to construct flood  control projects necessary for their own protection.

Article 50 The Central Government shall allocate funds for fighting  floods, dealing with emergencies and repairing flood control projects  damaged by floods when dams on the major rivers and lakes designated as such  by the State are hit by catastrophic floods or waterlogging. The people's  governments of provinces, autonomous regions and municipalities directly under  the Central Government shall, in their financial budgets include funds for  fighting floods, dealing with emergencies and repairing flood control  projects damaged by floods when the areas within their administrative  regions are hit by catastrophic floods or waterlogging.

Article 51 The State shall establish funds for water conservancy, to be used  for the maintenance and construction of flood control projects and water  conservancy projects. Specific measures shall be formulated by the State  Council.

In order to reinforce the construction of projects and facilities for flood   control within their administrative regions to increase flood control  capacity, the provinces, autonomous regions and municipalities directly  under the Central Government, which are vulnerable to floods, may, in  accordance with the relevant regulations of the State Council, formulate  regulations for the collection of fees in the areas under protection  against floods for construction and maintenance of river channel projects.

Article 52 The local people's governments at various levels that are  assigned with the task of flood control shall, in accordance with the  relevant regulations of the State Council, arrange a certain proportion of  rural compulsory labour and accumulation labour for the construction and  maintenance of flood control projects and facilities.

Article 53 No units or individuals may withhold or misappropriate funds or  materials to be used for flood control and disaster relief.

Audit institutions of the people's governments at various levels shall  strictly audit and oversee the use of the funds for flood control and  disaster relief.

CHAPTER VII LEGAL LIABILITY 

Article 54 Anyone who, in violation of the provisions of Article 17 of this  Law, conducts a flood control project or any other water project or hydropower   station across rivers or lakes without the written consent signed by the  water administration department for the plan thereof shall be ordered to  discontinue the illegal act and to complete the formalities for  obtaining the written consent for the plan; any project that is built at  variance with the requirements of the written consent and seriously affects  flood control shall be ordered to be demolished within a time limit; with  regard to any project that fails to meet the requirements of the written  consent and adversely affects flood control, but that is still remediable,  remedial measures shall be ordered to be taken within a time limit and a  fine of not less than 10,000 yuan but not more than 100,000 yuan may be  imposed.

Article 55 Anyone who, in violation of the provisions of Article 19 of this  Law, fails to regulate the river channels or construct projects for  controlling and guiding river flow and for protecting dikes and banks in  conformity with the planned river-flow guiding line and therefore  adversely affects flood control shall be ordered to discontinue the  illegal act and to restore the place to its original state or to adopt other   remedial measures and may be fined not less than 10,000 yuan but not more  than 100,000 yuan.

Article 56 Anyone who commits any of the following acts in violation of the  provisions of paragraphs 2 and 3 of Article 22 of this Law shall be ordered  to discontinue the illegal act, remove the obstacles or to take other  remedial measures and may be fined not more than 50,000 yuan:

(1) to construct any buildings or structures within the range of  management of river channels or lakes that block flood passage;

(2) in the administrative zone of any river or lake, to dump rubbish or dregs  or engage in any activities that adversely affect the stability of the river  regime and threaten the safety of river banks or dikes or any other  activities impeding flood passage within the range of management of river  channels or lakes; or

(3) to plant trees or grow long-stalk crops that block flood passage in  flood-relief channels.

Article 57 Anyone who, in violation of the provisions of paragraph 2,  Article 15 or of Article 23 of this law, reclaims land from the sea, any lakes  or river channels shall be ordered to discontinue the illegal act, restore the  place to its original state or take other remedial measures and may be  fined not more than 50,000 yuan; if the violator neither restores the  place to its original state nor takes any other remedial measures, he shall  bear the costs incurred for the restoration done or the remedial measures  taken by others.

Article 58 Anyone who, in violation of the provisions of Article 27 of this  Law, constructs any projects or facilities within the range of management  of river channels or lakes without the examination and consent of  his construction programmes by the water administration department, or at  variance with the positions and limits examined and approved by the water  administration department, shall be ordered to discontinue the illegal act  and to complete the formalities for the examination and consent or for  examination and approval; if any projects or facilities seriously affect flood  control, their demolition shall be ordered to be done within a time limit or  they shall be demolished by compulsion if the time limit expires and the  costs thus incurred shall be borne by the construction unit; if any  projects or facilities adversely affect flood passage but are still  remediable, the violator shall be ordered to take remedial measures within  a time limit and may be fined not less than 10,000 yuan but not more than  100,000 yuan.

Article 59 Anyone who, in violation of the provisions of paragraph 1 of  Article 33 of this Law, constructs a project, not for the purpose of flood   control, in a flood basin or flood storage and detention basin without  preparing a report on the assessment of flood effect, shall be ordered to  make amends within a time limit; if he fails to do so, he shall be fined not  more than 50,000 yuan.

Anyone who, in violation of the provisions of paragraph 2 of Article 33 of  this Law, puts a construction project into production or use before the  project or facility for flood control is checked for acceptance shall be   ordered to discontinue the production or use and have the project or  facility checked for acceptance within a time limit and may be fined not more  than 50,000 yuan.

Article 60 Anyone who, in violation of the provisions of Article 34 of this  Law, blocks or fills up any existing river channels, ditches, river forks or  any water storage lakes, ponds, depressions or shallow lakes, or levels any   existing flood control dikes for the sake of urban construction without   authorization shall be ordered by the municipal people's government to  discontinue the illegal act and restore the place to its original state or  take other remedial measures.

Article 61 Anyone who, in violation of the provisions of this Law,  undermines, occupies or damages any flood control projects such as  dikes, sluices, revetments, pumping stations and drainage canal systems, or  hydrologic or telecommunications facilities, or the equipment and materials  prepared for flood control shall be ordered to discontinue the illegal act  and take remedial measures and may be fined not more than 50,000 yuan; if  any damage is caused, he shall bear civil liability in accordance with law;   if he need be punished for public security, penalties shall be meted  out in accordance with the Regulations on Administrative Penalties for  Public Security; if the violation constitutes a crime, he shall  be investigated for criminal responsibility in accordance with law.

Article 62 Anyone who hinders or intimidates any members of flood  control headquarters, water administration departments or river basin  authorities when they perform their duties, if his act constitutes a  crime, shall be investigated for criminal responsibility in accordance with  law; if his act is not serious enough to constitute a crime but penalties  need be imposed for public security, he shall be punished in accordance with  the Regulations on Administrative Penalties for Public Security.

Article 63 Anyone who withholds or misappropriates funds or materials for  flood control or disaster relief, if his act constitutes a crime, shall be  investigated for criminal responsibility in accordance with law; if his act  is not serious enough to constitute a crime, he shall be given administrative  sanctions.

Article 64 Except for the provisions of Article 60 of this Law, the  administrative penalties and administrative measures stipulated in this  Chapter shall be determined by the water administration departments of the  people's governments at or above the county level or by the river basin  authorities in accordance with the limits of authority prescribed by the  water administration department under the State Council. However, the  administrative penalties for public security stipulated in Articles 61 and 62  of this Law shall be determined by the organs specified in the provisions of  the Regulations on Administrative Penalties for Public Security.

Article 65 Any functionary of a State organ, who commits any of the  following acts, if his act constitutes a crime, shall be investigated for  criminal responsibility in accordance with law; if his act is not serious  enough to constitute a crime, he shall be given administrative sanctions:

(1) to seriously impair flood control in violation of the provisions of  Article 17, Article 19, paragraphs 2 and 3 of Article 22, Article 27 or  Article 34 of this Law;

(2) to abuse his power, neglect his duty, conduct malpractice for  selfish ends so as to cause heavy losses to the work of flood control and  flood fighting;

(3) to refuse to implement programmes for protection against floods or to  execute instructions for controlling flood and dealing with  emergencies, or the programmes and measures for flood storage and  detention, or such dispatch plans as dispatch and operation programmes for a  flood season; or

(4) to cause or aggravate losses to the neighbouring areas or other units  during a flood disaster by violating the provisions of this Law.

CHAPTER VIII SUPPLEMENTARY PROVISIONS

Article 66 This law shall come into force as of January 1, 1998.  

(This English version is for your reference only.In case any discrepancy exists between the Chinese and English context, the Chinese version shall prevail.)

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