[15th ] No. 136

Decision of the Standing Committee of Shanghai Municipal People’s Congress on Amending the Regulations of Shanghai Municipality on Smoking Control in Public Places and other Five Local Rules and Abolishing the Provisions of Shanghai Municipality on the Administration of Enterprises' Name Registration was adopted at the 45th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on October 28, 2022, and is hereby promulgated. It shall be effective as of October 28, 2022.

Standing Committee of Shanghai Municipal People’s Congress

October 28, 2022

Regulations of Shanghai Municipality on the Administration of River Courses

(Adopted at the 40th Session of the Standing Committee of the 10th Shanghai Municipal People’s Congress on December11, 1997; amended for the first time in accordance with the Decision on the Amendment to the Regulations of Shanghai Municipality on the Administration of River Courses adopted at the 7th Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on October10, 2003; amended for the second time in accordance with the Decision on the Amendment to the Regulations of Shanghai Municipality on the Administration of River Courses adopted at the 28th Session of the Standing Committee of the 12th Shanghai Municipal People’s Congress on June 22, 2006; amended for the third time in accordance with the Decision on Amending Several Local Rules in This Municipality adopted at the 21st Session of the Standing Committee of the 13th Shanghai Municipal People’s Congress on September 17, 2010; amended for the fourth time in accordance with the Decision on Amending Several Local Rules in This Municipality adopted at the 31st Session of the Standing Committee of the 13th Shanghai Municipal People’s Congress on December 22, 2011; amended for the fifth time in accordance with the Decision on Amending Seven Local Rules including the Regulations of Shanghai Municipality on the Administration of River Courses adopted at the 27th Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on February 23, 2016; amended for the sixth time in accordance with the Decision on Amending Several Local Rules in This Municipality adopted at the 41st Session of the Standing Committee of the 14th Shanghai Municipal People’s Congress on November 23, 2017; amended for the seventh time in accordance with the Decision on Amending Several Local Rules in This Municipality adopted at the 7th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on November 22, 2018; amended of the eighth time in accordance with the Decision on Amending Nine Local Rules including the Regulation of Shanghai Municipality on Water Supply adopted at the 8th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on December 20, 2018; amended for the ninth time in accordance with the Decision on Amending Several Local Rules in This Municipality adopted at the 36th Session of the Standing Committee of the 15th Shanghai Municipal People’s Congress on October 28, 2021; amended for the tenth time in accordance with the Decision on Amending the Regulations of Shanghai Municipality on Smoking Control in Public Places and other Five Local Regulations and Abolishing the Provisions of Shanghai Municipality On the Administration of Enterprises' Name Registration adopted at the 45th Session of the Standing Committee of the 15th Shanghai People’s Congress on

October 28, 2022)

Chapter I  General Provisions

Chapter II  Regulating of River Courses

Chapter III  Utilization of River Courses

Chapter IV  Protection of River Courses

Chapter V  Security Measures

Chapter VI  Legal Liabilities

Chapter VII  Supplementary Provisions

Chapter I  General Provisions

Article 1

With a view to strengthening the administration of the river courses, ensuring the safety of flood prevention, improving urban and rural water environment and giving scope to comprehensive benefits of rivers and lakes, these Regulations are hereby formulated in accordance with the Water Law of the People’s Republic of China, the Flood Prevention Law of the People’s Republic of China and the Regulation of the People's Republic of China on the Administration of River Courses and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations are applicable to the regulating, utilization, protection and relevant administration of the river courses within the administrative areas of this Municipality, including lakes, lake-related low-lying areas, man-made water courses, ditches and branches of rivers.

The navigation channels within the river courses shall concurrently be subject to the provisions of the State and this Municipality on administration of navigation channels.

In case where the administration of river sections within the existing or projected port area is separately provided by laws and rules, such provisions shall prevail.

Article 3

The principles of unified planning, comprehensive regulating, rational utilization and active protection shall be implemented for this Municipality’s river courses.

The principle of unified administration in conjunction with graded responsibility shall be practiced for the construction, maintenance, and management (hereinafter referred to as regulating of river courses) of this Municipality’s river courses.

The funds for the regulating of this Municipality’s river courses shall be raised in accordance with the principle of combining governmental investment with beneficiaries’ reasonable contribution.

Article 4

The people’s governments at all levels of this Municipality shall strengthen their leadership in the work of regulating the river courses by way of organizing all relevant departments and units, and mobilizing forces in society, to proceed with this work in a planned manner, in order to increase the capacity of flood prevention and flood drainage, and to bring the comprehensive functions of the river courses into play.

Article 5

Shanghai Municipal Water Affairs Bureau (hereinafter referred to as the MWAB) is the competent administrative department in charge of this Municipality’s river courses, responsible for the supervision over and the guidance of the work of this Municipality’s river courses, including the routine administration of Municipality-administered river courses. Shanghai Municipal Water Affairs Law-enforcement Brigade (hereinafter referred to as the MWALB) under the MWAB is in charge of the specific supervision and guidance of the work of this Municipality’s river courses, and shall mete out administrative punishment in accordance with these Regulations.

The competent water administrative department of the district is the river courses administrative department of the people’s government at the same level, which shall, according to its functions and powers, take charge of administration of the river courses within its administrative areas.

The town/township people’s government and its water conservancy agency shall, according to their functions and powers, take charge of the administration of the river courses within their administrative areas. The sub-district office shall, in accordance with the provisions of these Regulations, exercise routine supervision and control over the river courses within its administrative areas, while accepting professional guidance from upper competent administrative department in charge of the river courses.

All relevant administrative departments in this Municipality shall, according to their respective division of functions and duties, coordinate well in the enforcement of these Regulations.

Article 6

To delimit the Municipality-administered river courses, a scheme shall be put forward by the MWAB in conjunction with the relevant departments and be submitted to the Municipal People’s Government for approval. To divide the district administered and the town/township administered river courses, a plan shall be put forward by the district waters administrative department, and be submitted to the district people’s government for approval, and be filed with the MWAB for the record.

In the light of the need for the administration of river courses, the MWAB may entrust the district waters administrative departments with routine supervision and control over the Municipality-administered river courses; and the district waters administrative department may also entrust the town/township people’s governments or sub-district offices with routine supervision and control over the district administered river courses. The entrusting administrative departments shall ensure the fund necessary for the expenditures on the entrusted projects.

In case where the division of the administrative work of the section of the Yangtze River within the administrative area of this Municipality and other trans-provincial or trans-municipal important river sections and boundary river courses is separately provided by the State, such provisions shall prevail.

Article 7

The scope of administration of river courses with embankments (including flood prevention walls, similarly hereinafter) shall encompass the entire waters, river flats, embankments, flood-prevention corridors and flood beds between the embankments of the two banks. The scope of administration of the river courses without embankment shall be set in accordance with the designed flood level as prescribed in the flood-prevention plan.The specified scope of river courses’ administration shall be set by the district people’s government or above.

Article 8

The MWAB and the district waters administrative departments shall, in accordance with law, strengthen their supervision and control over the river courses, ensure the safety of water conservancy structures such as the river courses embankments, test and monitor water quality of the river courses, and coordinate well with environmental protection administrative departments in the enforcement of supervision and control over the prevention of and the control of water pollution.

The town/township people’s governments and the sub-district offices shall strengthen their routine inspection of and supervision over the river courses within their respective administrative areas.

River courses administrative personnel shall, while performing their routine task of supervision and inspection, wear law-enforcement marks and show their law-enforcement credentials.

Article 9

Every unit and every individual person has the duty to defend the safety of water conservancy structures such as the river courses embankments, to protect the water environment, and to take part in flood prevention action and emergency rescue and has the right to stop and inform against any act that runs counter to the administration of the river courses.

Chapter II  Regulating of River Courses

Article 10

The specialized planning of river courses of this Municipality shall be in conformity with the water conservancy planning of the river basin, the comprehensive water conservancy planning of the region, and the overall city planning, and shall also conform to the State and Municipal standards of flood prevention, flood drainage, and other relevant technical norms.

Other specialized planning in relation to the utilization of the river courses of this Municipality shall coordinate well with the specialized planning of river courses.

Article 11

The specialized planning of river courses of this Municipality shall be drawn up by the MWAB in conjunction with other relevant departments, and shall, after being comprehensively balanced by the municipal planning and resources administrative department, be incorporated in the overall city planning of this Municipality.

The planning of Municipality-administered river courses and that of other river courses in the central urban districts shall be drawn up by the MWAB in conjunction with relevant departments and be carried out after being comprehensively balanced by the municipal planning and resources administrative department and final approval of the Municipal People’s Government; whereas the planning of other river courses outside the central urban districts shall be drawn up by district river courses administrative department in conjunction with relevant departments and shall be carried out after being comprehensively balanced by district planning administrative departments and final approval of the district people’s government concerned, and shall be filed with the MWAB and the municipal planning and resources administrative department for the record.

Where the drawing-up of river courses planning involves matters concerning the navigation channels, the river courses administrative department shall, in advance, solicit opinions from the navigation channel administrative departments.

The amendment or readjustment of river courses planning shall be approved by the original approval authorities.

Article 12

Where the drawing-up of any detailed planning involves matters concerning the river courses, opinions shall be solicited from the river courses administrative departments in advance. The detailed planning shall be carried out only after being approved by the planning administrative department in accordance with its functions and powers of planning administration.

Article 13

The scheme of planning-control line (hereinafter referred to as the “river courses blue line”) pertinent to the Municipality-administered river courses and that to the river courses in the central urban districts shall be put forward by the MWAB, and be put into effect after being approved by the the municipal planning and resources administrative department. As far as other river courses outside the central urban districts are concerned, the blue line scheme shall be put forward by the district river courses administrative department and be put into effect after being approved by the district planning administrative department, and shall be filed with the MWAB and the municipal planning and resources administrative department for the record.

The river courses administrative department shall solicit opinions from the navigation channel administrative department before it put forward the scheme of blue line for the navigable river courses.

Article 14

The MWAB or the district waters administrative department shall, based on the specialized planning of river courses, work out the annual plan for regulating the river courses and put it into effect after being approved by the people’s government at the same level.

The town/township people’s government shall work out the annual regulating plan for the river courses under its jurisdiction and organize the implementation of the plan.

Where the river courses are go seriously silted up that flood prevention and flood drainage is hampered, the MWAB or the district river courses administrative department shall work out an emergency precept to harness the river courses and meanwhile make preferential arrangements for its enforcement.

Article 15

Where the regulating of the river courses involves matters concerning navigation channel, the river courses administrative department shall take into account the needs of navigation and transportation, and shall solicit opinions from the navigation channel administrative department in advance.

Where the navigation channel administrative department is to conduct the regulating of the river courses, the regulating shall conform to the requirements for the safety of flood prevention, and the navigation channel administrative department shall solicit opinions from the river courses administrative department in advance.

Where the regulating of the river courses and navigation channels is to be conducted within important fishing areas, it is necessary to take into account the needs of the development of fishery, and to solicit opinions in advance from the fishery administrative department.

Article 16

Where projects for constructing, extending, or reconstructing buildings that are to be constructed along the rivers, the construction unit shall, while planning the construction projects on file, or while applying for construction permits, incorporate that part of the relevant regulating project of the river section within this area into the plan of the construction project and carry it out side by side with the process of construction. The funds needed for the exclusively used section shall be borne by the construction unit, while the funds needed for the non-exclusively-used section of construction projects for commercial purpose shall be reasonably borne by the construction unit according to the benefits accrued.

Article 17

The land needed for river courses regulating shall be adjusted by the land administrative department in accordance with relevant provisions provided by the State and by this Municipality.

The incremental land brought about from river courses regulating shall be arranged for use according to the city planning and the land utilization planning, and the income accrued from transfer of such land shall be allocated for river courses regulating.

Chapter III  Utilization of River Courses

Article 18

With respect to the construction project within the sphere of river courses’ administration, the construction unit shall, according to the functions and powers for river courses administration and submit the project construction plan for examination and verification with the MWAB or the district waters administrative department. In case the project construction plan has failed to pass the examination and verification, the construction unit shall not start the construction.

Article 19

Before the start of construction of an approved project within the sphere of the river courses administration, the construction unit shall, according to the functions and powers of river courses administration, report the construction scheme for examination and verification with the MWAB or the district waters administrative department. The construction project shall be conducted within the prescribed limits.

Article 20

The construction project within the sphere of river courses’ administration shall be subject to acceptance check in accordance with the relevant laws and rules of the State and the safety management of the municipal water administrative departments and the district river courses administrative department.

Article 21

Where the top or the platform of the river courses embankment needs to be concurrently used as a road, the construction unit shall report to the MWAB or the district river courses administrative department for approval and fulfill relevant formalities with the land administrative department; however, no examination and approval shall be needed if it was made definite at the time of building that the embankment top or platform could be concurrently used as a road.

Article 22

Where the water course structures such as river courses and water locks are to be used for the diversion of clean water so as to improve the water environment, the use of the hydraulic structures shall, according to the established scheme to that effect, be arranged in a unified manner.

The scheme of clean water direction shall be worked out by the MWAB in conjunction with relevant departments.

Article 23

A construction unit that has been approved to conduct construction activities within the sphere of river courses’ administration shall make appropriate compensation for the occupation and use of the water conservancy structures such as embankments, or for the occupation and use of the water area of the river courses. The construction unit shall be liable to pay compensation for the damages done to the water conservancy structures, such as the river courses embankment, caused by the construction activities, and shall have the duty to clear up the silt deposited due to its construction activities.

Article 24

The ascertainment of the property right of land within the sphere of river courses’ administration shall be done by the land administrative department in accordance with the relevant provisions of the State and this Municipality.

Chapter IV  Protection of River Courses

Article 25

Unauthorized filling up and/or blocking up of river courses are strictly prohibited.

Where there is an absolute need to fill up or block up the river courses, the construction unit shall entrust an appropriately qualified water conservancy planning and designing unit to conduct the planning and demonstration, and the plan shall be submitted to the Municipal People’s Government for approval.

Where the filling-up or blocking-up of river courses necessitates the adjustment of river system, the expenses incurred shall be borne by the construction unit concerned.

To fill up or block up the river courses with approval, the construction unit shall, before the start of construction, fulfill the examination and verification procedure of construction in accordance with Article 19 of these Regulations.

Article 26

The river courses administrative department shall, in accordance with the flood-prevention standards provided by the State and this Municipality, and with the approval of the people’s government at the same level, order the owner-unit of the bridges, wharves, or other cross-river works that seriously block up or obstruct water flow to rectify or to demolish such facilities within the prescribed time period. Where such facilities affect the safety of flood discharge or flood drainage in flood period, all parties concerned shall obey the emergency decisions made by the flood-prevention headquarters.

Article 27

No water-jamming obstacles shall be installed within the sphere of river courses’ administration.

The MWALB or the district river courses administrative department shall put forward an enforcement scheme for eliminating all water-jamming obstacles within the sphere of river courses’ administration under the principle of “Whoever installs the obstacle is liable to remove it” and order the obstacle-setter to remove the obstacles within the prescribed time period. If the obstacle-setter fails to do so, the MWAB or the district river courses administrative department shall enforce a compulsory removal. All expenses incurred thereby shall be borne by the obstacle-setter.

Article 28

In case the time for the construction project includes the flood period, the development unit shall make solid arrangements for safety measures for the flood period.

Article 29

To operate transportation, to store bamboo and timber, to bread aquatics, or to fish on the river courses may not affect the flood discharge, water-logging drainage and irrigation, or endanger the safety of water conservancy structures.

The MWAB or the district river courses administrative department shall, in conjunction with the departments of communications, public security, etc. take measures to remove or make emergency disposal of the following substances that affect flood discharge and water-logging drainage:

1.bamboo or timber stored on the river courses, aquatics breeding or fishing facilities installed in the river courses and other drifts; or

2.ships detained on the river courses.

Article 30

For such river-section where navigation speed has to be limited in order to safeguard the safety of embankments, the river courses administrative department shall, in conjunction with the navigation channel administrative department, set up signs and marks to limit navigation speed.

Article 31

During the operation, opening to navigation, admission of high tide, drainage of flooded fields, diversion of clean-water and regulation of water-flow of water locks, the safety of flood prevention and the safety of navigation of the ships in this region shall be ensured.

The procedures on water locks administration of this Municipality shall be separately formulated by the Municipal People’s Government.

Article 32

The river courses administrative department shall take measures to strengthen the work of water-and-soil conservation for embankments and river banks of the river courses, and the work of organizing the masses to plant trees and grow grass, and to guard against loss of water and soil, and to prevent the river courses from being silted up.

The river courses administrative department shall organize the forestation and vegetation for the protection of embankments and banks, and be responsible for their maintenance and management.

Article 33

According to the importance of the river courses embankment and the soil quality of the embankment base, the MWAB or the district river courses administrative department may, after being approved by the people’s government at the same level, designate a safety protection zone for embankments in the region contiguous to the sphere of river courses’ administration.

Within the sphere of river courses’ administration as well as inside the safety protection zone for embankments, none of the following activities shall be conducted without the approval of the MWAB or the district river courses administrative department:

1. extracting underground resources, conducting archeological excavation or stacking materials or articles;

2. setting up fishing weirs, fishing nets, or other fishing installations; or

3. endangering the safety of river courses embankments by way of explosion, extracting earth drilling, pile driving, well-digging, constructing fish ponds, etc.

Article 34

None of the following activities may be conducted within the sphere of river courses’ administration:

1. dumping wastes of industry, agriculture, and construction, etc. or garbage, excrement and urine;

2. washing vehicles or containers that have stored oils or poisonous or harmful substances;

3. setting up houses, sheds or other buildings or structures;

4. damaging river courses embankments or other hydraulic structures;

5. cutting and stealing trees from embankment protection woods or grazing or reclaiming and cultivating there;

6. conducting operations on or under water, which tend to affect the stability of river situation or endanger the safety of river courses embankments; or

7. other activities prone to hinder the river courses from flood-discharging or flood-draining.

Chapter V  Security Measures

Article 35

River courses regulating tasks shall be incorporated into the municipal plan of national economy and social development. The people’s governments at all levels shall raise their overall investment share in this connection.

Article 36

The people’s governments at all levels shall, in accordance with the stage-target set forth in the river courses planning, work out the annual plan of river courses regulating, and the funds needed therefor shall be arranged as a special item of the annual financial budget.

Article 37

The construction foundations for water conservancy set up by the people’s governments at all levels in accordance with the relevant provisions of the State shall be mainly used in flood prevention and river courses regulating.

Article 38

This Municipality levies, in accordance with the provisions of law, fees for the construction, maintenance, and administration of river courses engineering. The specific procedures on the levy, use and management fees shall he formulated by the Municipal People’s Government.

Article 39

The people’s governments at all levels shall, according to the relevant provisions of the State, arrange for a certain proportion of voluntary labor force and accumulative labor force in the construction and reinforcement of the river courses embankment works.

Article 40

No unit or individual person shall be allowed to withhold or misappropriate the funds for river courses regulating.

Audit organs shall enhance their auditing and their supervision over the levy and utilization of river courses regulating funds.

Chapter VI  Legal Liabilities

Article 41

The MWALB or the district river courses administrative department shall order those who have filled up or blocked up the river courses without authorization in violation of these Regulations to correct the wrongful acts within the prescribed time period or to take other remedial measures, and may impose on them a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 42

Anyone who has violated the provisions of Article 18, Article 19, or Clause 1 of Article 28 of these Regulations, shall be ordered by the MWALB or the district river courses administrative department to stop construction, to correct the wrongful acts or to take other remedial measures within the prescribed time period, and may be imposed a fine of not less than 1,000 yuan but not more than 50,000 yuan.

Article 43

Anyone who has violated Clause 2 of Article 33 of these Regulations shall be ordered by the MWALB, the district river courses administrative department, or the town/township water conservancy organ to stop the wrongdoing, to correct the wrongful acts within the prescribed time period, and may be imposed a fine of not more than 10,000 yuan.

Article 44

Anyone who has violated Article 34 of these Regulations shall be ordered by the MWALB, the district river courses administrative department or the town/township water conservancy organ to stop the wrongdoing, to correct the wrongful acts within the prescribed time period, and may be imposed a fine of not less than 10,000 yuan but not more than 50,000 yuan.

Article 45

In case the river courses administrative department or organ at a lower level makes an inadequate decision, the river courses’ administrative department at the upper level shall require the former to correct or annul such decision.

Article 46

Administrative personnel of river courses administrative departments, who have neglected their duties, abused their power or acted wrongfully for selfish ends, shall be given disciplinary sanctions by the units where they work or the competent authorities at higher level. If the wrongful acts constitute a crime, the wrongdoers shall be prosecuted for their criminal liability as provided by law.

Article 47

The party concerned, if disagrees with the specific administrative act made by the river courses administrative department or other organization, may apply for reconsideration or bring an lawsuit in accordance with the Law of the People’s Republic of China on Administrative Reconsideration or the Administrative Litigation Law of the People’s Republic of China.

If the party concerned does not apply for reconsideration,nor brings a lawsuit, nor performs the specific administrative act within the prescribed time period, the department or the organization that has made the specific administrative act may apply to the people’s court for enforcement.

Chapter VII  Supplementary Provisions

Article 48

The Municipal People’s Government shall formulate the specific administrative procedures in accordance with these Regulations.

Article 49

The MWAB shall be responsible for the interpretation of these Regulations in their specific application.

Article 50

These Regulations shall be effective as of March 1, 1998.