Measures for Jiangxi Province to Implement People's Republic of China (PRC) Flood Control Law

Chapter I General Provisions Article 1 These Measures are formulated for the implementation of the Flood Control Law of People's Republic of China (PRC) (hereinafter referred to as the "Flood Control Law") in light of the actual situation of this province. Article 2 These Measures shall apply to flood control and flood control-related activities within the administrative area of this province. Article 3 Flood control work shall follow the principles of overall planning, overall consideration, giving priority to prevention, comprehensive management and subordinating local interests to overall interests. Article 4 People's governments at all levels should strengthen unified leadership over flood control work, organize relevant departments and units, mobilize social forces, rely on scientific and technological progress, adhere to the combination of flood control engineering measures and non-engineering measures, strengthen the construction and management of flood control engineering facilities, strengthen the construction of hydrological, meteorological and communication facilities, and do a good job in flood control, flood fighting and post-disaster recovery and relief. Article 5 The water administrative department of the people's government at or above the county level (hereinafter referred to as the water administrative department), under the leadership of the people's government at the corresponding level, is responsible for the daily work of flood control within its administrative area, such as organization, coordination, supervision and guidance.

Other relevant departments of the people's governments at or above the county level shall, under the leadership of the people's governments at the corresponding levels, be responsible for relevant flood control work according to their respective responsibilities. Article 6 All units and individuals have the obligation to protect flood control engineering facilities and participate in flood control and flood fighting according to law, and have the right to stop and report illegal acts that hinder flood control. Seventh people's governments at all levels or relevant departments shall commend and reward units and individuals that have made remarkable achievements in flood control work. Chapter II Flood Control Planning Article 8 Flood control planning is the basic basis for the control of rivers and lakes and the construction of flood control engineering facilities.

Flood control planning shall be based on comprehensive river basin planning and regional comprehensive planning, and shall be prepared in accordance with the following provisions:

(a) the flood control planning of the Yangtze River and other inter-provincial rivers within the administrative area of this province shall be implemented in accordance with the provisions of Article 10 of the Flood Control Law.

(II) Flood control planning for Poyang Lake, Ganjiang River, Fuhe River, Xinjiang River, Raohe River and Hexiu River shall be compiled by the provincial water administrative department jointly with relevant departments and the municipal people's government with districts, and submitted to the provincial people's government for approval.

(3) Flood control plans for rivers, lakes and municipal boundary rivers in other cities divided into districts shall be compiled by the provincial water administrative department, the municipal water administrative department divided into districts and the people's governments of relevant departments and counties (cities, districts), and submitted to the provincial people's government for approval after being examined and put forward by the municipal people's government divided into districts.

(4) Flood control planning for rivers, lakes and border rivers across counties (cities, districts) shall be formulated by the municipal water administrative department with districts in conjunction with relevant departments and the people's governments of counties (cities, districts) and submitted to the municipal people's government with districts for approval.

(5) Flood control plans for other rivers and lakes shall be formulated by the water administrative department of the county (city, district) jointly with relevant departments and submitted to the people's government at the corresponding level for approval.

(6) The urban flood control planning of a city divided into districts shall be compiled by the water administrative department, the construction administrative department and other relevant departments organized by the municipal people's government divided into districts, and shall be approved by the municipal people's government divided into districts after being audited by the provincial water administrative department, but the urban flood control planning of Nanchang City and Jiujiang City shall be approved by the provincial people's government. The approved flood control plan shall be incorporated into the overall urban planning.

(7) The urban flood control plan of the town where the county (city, district) people's government has the task of flood control shall be compiled by the water administrative department, the construction administrative department and other relevant departments organized by the county (city, district) people's government, and shall be submitted to the people's government at the county level for approval after being audited by the municipal water administrative department with districts, and incorporated into the overall urban planning; Urban flood control planning for other towns with flood control tasks shall be compiled by the water administrative department, construction administrative department and other relevant departments of the county (city, district) people's government and submitted to the people's government at the county level for approval.

The approved flood control plan shall be reported to the water administrative department at the next higher level for the record. Modification of flood control planning shall be reported to the original approving authority for approval. Ninth provincial waterlogging control planning by the provincial administrative department, submitted to the provincial people's government for approval.

The people's governments of cities and counties in waterlogging-prone areas shall, according to the whole province's waterlogging control plan, organize the water administrative departments and relevant departments to prepare the waterlogging control plan in their respective administrative areas, and report it to the water administrative departments at the next higher level for the record.

The people's governments of cities shall strengthen the construction and management of urban drainage pipe networks and pumping stations according to the flood control plan. Tenth city expansion, new villages and towns, residential areas and other industrial and mining enterprises, major transportation facilities, etc., should avoid geological disasters and flash floods, as well as important flood discharge areas and flood storage areas. The local people's government shall organize relevant departments and units to strengthen the construction of observation, early warning and forecasting facilities, and formulate and implement risk-avoidance plans and measures.

The people's governments at or above the county level shall incorporate the prevention and control of soil erosion into the flood control planning of river basins, formulate and implement prevention and control plans, and strengthen the comprehensive management of soil and water conservation. Article 11 When constructing flood control projects, waterway projects, other water projects, hydropower stations and other construction projects on rivers and lakes, the feasibility study report shall be submitted for approval in accordance with the national capital construction procedures, and the planning consent signed by the water administrative department that meets the requirements of flood control planning shall be attached. Chapter III Governance and Protection Article 12 The projects of river regulation and construction control, guiding river flow direction and protecting river banks shall adhere to the principle of combining prevention with development, taking into account the upstream and downstream and the left and right banks, and shall be carried out in accordance with the planned regulation route, and the river flow direction shall not be changed at will.

Within the administrative area of this province, the planning control lines of the Yangtze River and other inter-provincial river sections shall be delineated in accordance with the provisions of Article 19 of the Flood Control Law.

The planning control lines of other rivers and river sections shall be drawn up by the corresponding water administrative departments in accordance with the flood control planning authority stipulated in Article 8 of these Measures and submitted to the people's government at the corresponding level for approval.