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A tidal shoal refers to a land area formed by the deposition of sand and
earth in rivers. There are around 3.5 million mu (1 mu=667 square meters) of
such tidal shoal areas. The development and utilization of tidal shoals refers
to the deposition, enclosed use, utilization and protection of such areas with
approval. The administration of tidal shoals has been stipulated in relevant
laws and regulations of the Shanghai Municipality for the observation of law and
regulations, orderly development and effective protection. The Regulations of
the Shanghai Municipality on the Administration of Tidal Shoals stipulates that:
(1) The tidal shoal area belongs to the State; no enterprises or individuals
can occupy the area illegally;
(2) the development and utilization of tidal shoal areas by domestic and
foreign investors are encouraged; the investor is, accordingly, the beneficiary;
(3) the development and utilization of tidal shoal areas shall meet the
overall planning requirements;
(4) the development and utilization of tidal shoal areas shall be conducive
to the stabilization and deposition of the tidal shoal;
(5) the development and utilization of tidal shoal areas shall not negatively
affect the ecological environment, marine life, navigation, river area security
and flood-prevention facilities;
(6) a license system is adopted for the development and utilization of tidal
shoals;
(7) qualified enterprises shall be in charge of the deposition and enclosing
of tidal shoal areas;
(8) enterprises or individuals that develop or utilize tidal shoal areas have
the obligation to protect the area and banks;
(9) enterprises or individuals that develop or utilize tidal shoal areas
shall give support to the confiscation of tidal shoal area usage by the State
because of national defense, flood-prevention or other economic and social
undertakings;
(10) a certain usage fees shall be paid for the use of tidal shoals;
(11) those who enclose tidal shoal areas for farming will receive a
subsidiary from the Shanghai Municipal Water Affairs Bureau and can benefit from
agriculture tax exemption for a certain number of years;
(12) with the approval from the Shanghai Water Affairs Bureau, no usage fee
shall be charged for enclosing tidal shoal areas for public interests;
(13) an application shall be submitted for the transfer of usage rights or a
change of usage purposes, and
(14) those who breach the articles of the Regulations of the Shanghai
Municipality on the Administration of Tidal Shoals shall be punished
accordingly.
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