Regulations of Gansu Province on Waterway Traffic Management (202 1 Revision)

Article 1 These Regulations are formulated in accordance with the People's Republic of China (PRC) Waterway Law, the People's Republic of China (PRC) Port Law, the Regulations on the Administration of Domestic Waterway Transportation and the Regulations on the Administration of Domestic Inland River Traffic Safety in People's Republic of China (PRC), in combination with the actual situation of this province, in order to standardize the waterway traffic management activities, ensure the safe and smooth waterway traffic and promote the high-quality development of waterway traffic. Article 2 These Regulations shall apply to waterway transportation and its management activities within the administrative area of this province.

Waterway traffic and its management as mentioned in these Regulations include planning, construction, maintenance and protection of ports and waterways, port and waterway transportation management, traffic safety management of inland navigable waters, ship inspection, crew management, water search and rescue, etc.

Where laws and administrative regulations have already provided for waterway transportation and its business activities, such provisions shall prevail. Article 3 The development of waterway transportation shall follow the principles of overall coordination, integration of transportation and tourism, innovation-driven, green development, safety and convenience. Article 4 The relevant people's governments at or above the county level shall strengthen their leadership over waterway transportation, incorporate waterway transportation into the national economic and social development plan, establish and improve the waterway transportation coordination mechanism, and incorporate the funds needed for waterway transportation development into the fiscal budget at the corresponding level. The transportation department of the fifth provincial people's government is responsible for the management of waterway transportation in the province.

The transportation departments of the people's governments at or above the county level and their subordinate institutions shall be responsible for waterway transportation and related management within their respective administrative areas within the scope of their duties.

The relevant departments of the people's governments at or above the county level, such as development and reform, market supervision, public security, emergency management, ecological environment, natural resources, water conservancy, agriculture and rural areas, shall, according to their respective functions and duties, do a good job in waterway transportation and its management.

Provincial, municipal (state) people's government departments in charge of transportation shall delimit the navigable waters within their respective administrative areas and make them known to the public. Article 6 The transportation departments of the people's governments at or above the county level shall strengthen the collection and sharing of credit information of waterway transportation and promote the construction of credit system of waterway transportation industry. Article 7 The transportation department of the provincial people's government shall, according to the national inland navigation standards, flood control standards and the needs of shipping development, work out the waterway planning of the whole province in conjunction with the development and reform at the same level, the water administrative department and other departments, and submit it to the provincial people's government in conjunction with the transportation department of the State Council for approval and promulgation.

The division, approval and filing of waterway technical grades shall be implemented in accordance with the provisions of laws and regulations. Article 8 The transportation departments of the people's governments at or above the county level and their subordinate institutions shall strengthen the management and maintenance of the waterway, and the management unit of the ship-crossing facilities shall strengthen the maintenance work, keep the waterway in a good technical state, and ensure the safe and convenient passage of ships.

The transportation departments of the people's governments at or above the county level and their affiliated institutions shall, in order to ensure the smooth passage of the waterway, implement normal waterway maintenance projects on the waterway, including surveying, dredging, mud throwing, reclamation, obstacle clearing, maintenance of waterway facilities and installation of navigation AIDS. No unit or individual may illegally obstruct, interfere or ask for fees.

The transportation departments of the people's governments at or above the county level shall promptly issue channel notices such as channel change, navigation mark displacement, channel scale, water regime and channel construction operation. Article 9 Except for the projects that do not require navigation condition impact assessment according to laws and administrative regulations, the following waterway-related projects shall be evaluated by the construction unit at the feasibility study stage of the project and reported to the competent transportation department with the right to review:

(a) the construction of bridges, tunnels, pipelines, cables and other buildings and structures across the waterway;

(2) Building permanent dams on navigable rivers;

(3) Building buildings or structures near rivers and lakes within the scope of river protection.

In the Yellow River, Taohe River, Bailong River and other navigable sections, the construction unit shall simultaneously build ship-crossing facilities. Tenth prohibit the following acts endangering the safety of navigation channel:

(1) Setting fishing gear or breeding facilities in the waterway;

(2) Dumping sand, gravel, mud, garbage and other wastes within the scope of waterway protection;

(three) engaged in cargo handling, refueling, ship maintenance, fishing, etc. In navigation structure and its approach channel and ship dispatching area, affecting the normal operation of navigation structure;

(four) endangering the safety of waterway facilities;

(5) Other acts endangering navigation safety. Eleventh river sand mining shall be carried out in accordance with the provisions of relevant laws and administrative regulations. It is forbidden to carry out illegal sand mining activities such as sand mining, unlicensed sand mining, and sand mining not in accordance with the approved scope and operation methods.

Sand mining within the scope of waterway and waterway protection shall not damage the navigation conditions of the waterway. Article 12 The following operations or activities that may affect the safety of navigation in navigable waters or coastlines of inland rivers shall be reported to the competent department of transportation for approval in accordance with legal procedures:

(1) Exploration, mining and blasting;

(two) the construction, installation, maintenance and demolition of underwater structures or facilities;

(3) Erecting bridges and ropeways;

(4) Laying, overhauling and dismantling underwater cables or pipelines;

(5) Installation of mooring buoys, pontoons, bollards and other facilities;

(six) waterway construction, waterway, wharf front water dredging;

(seven) to hold large-scale mass activities and sports competitions.

If the business or activities listed in the preceding paragraph need to be examined and approved by other relevant departments in accordance with the provisions of laws and administrative regulations, the relevant examination and approval procedures shall also be handled according to law.