Decision of the People’s Government of Shaanxi Province on Amending the Measures of Shaanxi Province for Levying on Water Resource Fees

2017-05-09 16:20:05 , Source : The Government Website of Shaanxi Province

Decree No. 136 of the People’s Government of Shaanxi Province

The Decision of the People’s Government of Shaanxi Province on Amending “the Measures of Shaanxi Province for Levying on Water Resource Fees” is now promulgated and shall be in force as of November 1st, 2008.

                                                                                      Governor: Yuan Chunqing

                                                                                              October 20th, 2008

Decision of the People’s Government of Shaanxi Province on Amending the Measures of Shaanxi Province for Levying on Water Resource Fees

The people’s government of Shaanxi Province has decided to make the following amendments to the Measures of Shaanxi Province for Levying on Water Resource Fees in accordance with the Regulations Governing the Licensing for Water Drawing and the Levying on Water Resource Fees of the State Council:

1. Amending Article 1 as: “These Measures are formulated for the purposes of strengthening the administration of water resources and promoting the reasonable exploitation and the sustainable utilization of water resources, in accordance with the Water Law of the People’s Republic of China, the Regulations on the Administration of the Licensing for Water Drawing and the Levying on Water Resource Fees and the Measures of Shaanxi Province on the Implementation of the ‘Water Law of the People’s Republic of China’ and in combination of the actual situations of Shaanxi Province.”

2. Amending Clause 1 of Article 2 as: “Any unit or individual (hereinafter referred to as the ‘water taker’) who draws water directly from underground, rivers, lakes and reservoirs by making use of water drawing projects or facilities within the administrative region of Shaanxi Province shall pay water resource fees in accordance with these Measures.”

Adding “The term ‘water drawing projects or facilities’ as entitled in these Measures shall refer to water gates, dams, channels, siphons, artificial riverways, water pumps, wells and hydropower stations” as Clause 2 of Article 2; Changing accordingly the original Clause 2 and Clause 3 of Article 2 to be the Clauses 3 and Clause 4.

3. Amending Clause 2 of Article 8 as: “The water administration superintending departments of the people’s governments at or above county levels that grant water drawing licenses shall issue special payment letter for water resource fees in accordance with the water withdrawal of the water taker.”

Amending Clause 3 as “The water resource fees for the water withdrawals licensed by the watershed administrative organs of the State within the administrative region of Shaanxi Province shall be levied upon by the water administration superintending department of the people’s government of Shaanxi Province.”

4. Amending Clause 2 of Article 9 as: “The water taker should go to the exchequer correspondent bank to pay the water resource fees within seven days upon receipt of the payment notice for water resource fees. An overdue fine of 2‰ per day shall be imposed on the delayed payment; those who reject to pay the fees shall be punished by the water administration superintending department that made the decision on levying on water resource fees according to Article 70 of the Water Law of People’s Republic of China.”

5. Amending Article 12 as: “All water resource fees levied upon at all the levels shall be turned into the special financial account of Shaanxi Province, be mainly used for the economization, protection and administration of water resources, and also be used for reasonable exploitation of water resources. The specific administrative methods of allocating and using shall be formulated separately by the superintending departments of finance and water administration of Shaanxi Province.”

6. Amending Article 17 as: “Where the working personnel from water administration superintending departments, in their work of levying on water resource fees and the supervision and administration, fail to levy on water resource fees according to the provision, fail to perform their obligation of supervision, abuse their authorities, seek favoritisms and crook laws, and figure for self-interests, their superintending department or the supervision organs shall impose an administrative sanction on the person in direct charge and on the person directly responsible for from that department; if the circumstances are so serious as to constitute a crime, that person(s) shall be transferred to a judicial organ for investigation according to law.”

This Decision shall be in force as of November 1st, 2008.

The Measures of Shaanxi Province for Levying on Water Resource Fees shall be amended correspondingly and be re-promulgated in accordance with this Decision.

Measures of Shaanxi Province for Levying on Water Resource Fees

(Promulgated on February 25th, 2004 by Decree No. 95 of the People’s Government of Shaanxi Province and amended in accordance with the Decision of the People’s Government of Shaanxi Province on Amending the ‘Measures of Shaanxi Province for Levying on Water Resource Fees' issued on October 20th, 2008.)

Article 1 These Measures are formulated for the purposes of strengthening the administration of water resources and promoting the reasonable exploitation and the sustainable utilization of water resources, in accordance with the Water Law of the People’s Republic of China, the Regulations on the Administration of the Licensing for Water Drawing and the Levying on Water Resource Fees and the Measures of Shaanxi Province on the Implementation of the ‘Water Law of the People’s Republic of China’ and in combination of the actual situations of Shaanxi Province.

Article 2 Any unit or individual (hereinafter referred to as the ‘water taker’) who draws water directly from underground, rivers, lakes and reservoirs by making use of water drawing projects or facilities within the administrative region of Shaanxi Province shall pay water resource fees in accordance with these Measures.

The term ‘water drawing projects or facilities’ as entitled in these Measures shall refer to water gates, dams, channels, siphons, artificial riverways, water pumps, wells and hydropower stations.

Water resource fees shall be exempted for those who are not required to apply for the water withdrawal license according to the Detailed Rules of Shaanxi Province on the Implementation of Licensing System for Water Drawing.

Water drawing for agricultural irrigations shall be provisionally free of water resource fees, but not including the water drawing for the plantation of farm produces, the cultivation and the processing engaged by enterprises and institutional units.

Article 3 The water administration superintending department of the people’s government of Shaanxi Province shall be responsible for the administration and supervision of levying on water resource fees in the whole province.

The water administration superintending departments of the people’s governments of cities, counties and districts shall be responsible for the administration and supervision of levying on water resource fees within their respective administrative regions in accordance with the permitted power limit for water drawing provided in the Detailed Rules of Shaanxi Province on the Implementation of Licensing System for Water Drawing.

Article 4 Water resource fees shall be measured and collected according to the water withdrawal per water taker as a unit, while the water resource fees from the water withdrawal for the hydorpowershall be measured and collected in terms of electricity capacity generated. Water resource fees for such industries as mining of coal, oil and so on shall be measured and collected on the basis of gross exploitation capacity of crude coal and oil.

Article 5 The criteria for levying on water resource fees shall be confirmed in accordance with the principles of groundwater higher than surface water, groundwater over-extraction areas higher than ordinary areas, areas in short of water resources higher than plentiful areas and water withdrawal for production operation higher than life and environmental water withdrawal. The specific criteria for levying on water resource fees shall be separately made certain by the price superintending department of the people’s government of Shaanxi Province along with the water administration superintending department and the finance superintending department of the people’s government of Shaanxi Province.

Article 6 Water takers should draw water in accordance with the water use plan approved by the water administration superintending department. For those who have overtaken water beyond the plan, they shall be imposed a progressively price -increasing water resource fees. Where the exceeding amount of water withdrawal is within 20% (including 20%) beyond the plan, the water resource fees shall be measured and collected twice from the exceeding amount according to the specified levying criteria; where the exceeding amount of water withdrawal ranges from 20% to 40% (including 40%) beyond the plan, the water resource fees shall be three times from the exceeding amount according to the specified levying criteria; where the exceeding amount of water withdrawal exceeds 40% of the plan, the water resource fees shall be five times from the exceeding amount according to the specified levying criteria.

Article 7 Water takers should install qualified water drawing metering devices in accordance with the provisions. Where for those who fail to install metering devices in accordance with the provisions or their metering devices are not in normal working conditions, the water administration superintending department shall order them either to install or to repair or to replace the device within the time limit; if they refuse to either install or repair or replace the device beyond the limited time, the water resource fees shall be measured and collected according to the maximum water withdrawal capacity of the water drawing device in successive running.

Article 8 Water resource fees shall be levied upon by classification grade in accordance with the authorities for water drawing licensing.

The water administration superintending departments of the people’s governments at or above county levels that grant water drawing licenses shall issue special payment letter for water resource fees in accordance with the water withdrawal of the water taker.

The water resource fees for the water withdrawals licensed by the watershed administrative organs of the State within the administrative region of Shaanxi Province shall be levied upon by the water administration superintending department of the people’s government of Shaanxi Province.

Article 9 Water resource fees shall be paid and received on a monthly basis.

The water taker should go to the exchequer correspondent bank to pay the water resource fees within seven days upon receipt of the payment notice for water resource fees. An overdue fine of 2‰ per day shall be imposed on the delayed payment; those who reject to pay the fees shall be punished by the water administration superintending department that made the decision on levying on water resource fees according to Article 70 of the Water Law of the People’s Republic of China.

Article 10 Special charging bills for water resource fees shall be printed and made uniformly by the financial department of Shaanxi Province.

Article 11 The water administration superintending departments shall not extend without authorization their ambit of charges, or increase their charge criteria, or collect fees exceeding their authorities; nor shall reduce or exempt at will water resource fees.

Article 12 All water resource fees levied upon at all the levels shall be turned into the special financial account of Shaanxi Province, be mainly used for the economization, protection and administration of water resources, and also be used for reasonable exploitation of water resources. The specific administrative methods of allocating and using shall be formulated separately by the superintending departments of finance and water administration of Shaanxi Province.

Article 13 Water resource fees contributed by water supply enterprises shall be reckoned into the water supply price as the resource water price while those Water resource fees contributed by other enterprises shall be reckoned in production cost. But these fees collected as a result of a progressively price-increasing water resource fees for the overtaken water amount beyond the water use plan shall not be reckoned into production cost.

Article 14 Where for those to draw water without acquiring for the water drawing license, the water administration superintending department of the people’s governments at or above county levels shall order them to stop drawing water or to make supplementary payment of the water resource fees for the water amount they have drawn, and punish them in accordance with Article 69 of the Water Law of the People’s Republic of China.

Article 15 Parties shall have the right to request for an evidence hearing provided they have been imposed a fine of more than RMB 30,000 Yuan in accordance with these Measures.

Article 16 Parties may apply for an administrative review or file an administrative lawsuit according to law, if they are malcontent with the specific administrative action made by the water administration superintending department.

Article 17 Where the working personnel from water administration superintending departments, in their work of levying on water resource fees and the supervision and administration, fail to levy on water resource fees according to the provision, fail to perform their obligation of supervision, abuse their authorities, seek favoritisms and crook laws, and figure for self-interests, their superintending department or the supervision organs shall impose an administrative sanction on the person in direct charge and on the person directly responsible for from that department; if the circumstances are so serious as to constitute a crime, that person(s) shall be transferred to a judicial organ for investigation according to law.

Article 18 These Measures shall be in force as of April 1st, 2004. The Interim Measures of Shaanxi Province on the Administration and Use of Levying on Water Resource Fees jointly printed and distributed by the price bureau, the finance department and the water conservancy department of Shaanxi Province shall be abolished at the same time.

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