Source: Internet Release Date: 2006/3/11
On February 2006, 2, the State Council promulgated the "Regulations on the Administration of Water Extraction Permits and Water Resources Fee Collection" (State Council Order No. 21, hereinafter referred to as the "Regulations"), which came into effect on April 460, 2006.On issues related to the formulation and implementation of the Regulations, the reporter interviewed Vice Minister Zhou Ying.
Reporter: The water abstraction permit system and the water resource fee collection system are two important legal systems established by the "Water Law". What impact will the promulgation and implementation of the "Regulations" have on strengthening water resources management?
Zhou Ying: The implementation of the water extraction permit system and the water resource fee collection system for water resources in accordance with the law is the basic legal system for the state to regulate and control water resources, optimize the allocation of water resources, promote water conservation, and effectively protect water resources. It is in line with my country's national conditions and the establishment of socialism. The needs of the market economy system are also legal systems that have proven effective in practice.
my country’s per capita water resources are only 1/4 of the world’s per capita share, and the fact that the temporal and spatial distribution of my country’s water resources cannot match economic and social water demand has further exacerbated my country’s water shortage.In recent years, the annual population, resources and environmental work seminars held by the central government have put forward clear requirements for water resources.The State Council has made important arrangements for the conservation, protection, development, and utilization of water resources on many occasions. The water administrative departments at all levels and other relevant departments, in accordance with the requirements of the Party Central Committee and the State Council, conscientiously implement the scientific development concept, actively adjust water management thinking, and focus on water resources conservation. A lot of work has been done in terms of protection, protection and rational utilization, and remarkable results have been achieved.At present, my country has entered a new stage of building a well-off society in an all-round way. Economic and social development and the continuous improvement of people's living standards have put forward higher requirements for water resources security. Sustainable use of water resources has become a strategic issue for my country's economic and social development.We should be soberly aware that our country’s low per capita water resources will not change. Water resources are restricting economic growth more and more, and the people’s requirements for the quality of the ecological environment are getting higher and higher.my country's water resources are facing a severe situation, which is prominently manifested in the following aspects: First, the contradiction between water supply and demand is still very prominent.Second, the water pollution situation is still very serious.Third, the water ecological environment security is facing serious threats.Therefore, it is necessary to further strengthen the scientific management and unified management of the allocation, development, utilization, protection and conservation of water resources. The promulgation and implementation of the "Regulations" is essential for strengthening water demand management, promoting economic restructuring and economic growth mode transformation, advancing the establishment of a water-saving society, promoting the rational allocation and sustainable use of water resources, and ensuring the sustainable development of my country’s economy and society. Will play a very important role.
Reporter: In 1993, the State Council issued the "Measures for the Implementation of the Water Extraction Permit System". Compared with this, what are the different regulations in the "Regulations" regarding the management of water extraction permits?
Zhou Ying: Since the State Council promulgated and implemented the "Implementation Measures for the Water Intake Permit System" in 1993, through the joint efforts of water administrative departments at all levels and the whole society, my country's water resources management has gradually become standardized and orderly, and water resources have been exploited in disorder. The phenomenon of water consumption has been effectively contained, planned water use and water conservation have been effectively implemented, the rational allocation and development and utilization of water resources have been promoted, and the efficiency of water use has been further improved.With the rapid development of my country’s economy and society and the gradual deepening of the reform of the administrative management system, the work of water abstraction permits is facing some new situations, which are mainly manifested in: First, the establishment of a water-saving society proposes to rationally allocate and save water resources. In order to meet higher requirements, it is necessary to further improve and standardize water resources management.Second, in accordance with the provisions of the Water Law revised in 2002, it is necessary to strengthen the unified management of water extraction permits and river basin management.Third, in order to reflect the spirit of openness, fairness, justice, efficiency and convenience, in accordance with the provisions of the Administrative Licensing Law, it is necessary to further clarify the conditions and standardize the licensing procedures for water extraction.In terms of style, Article 38 of the "Measures" does not divide into chapters; the "Regulations" are divided into general rules, water abstraction applications and acceptance, water abstraction permit review and decision, water resource fee collection and use management, supervision and management, legal responsibilities and supplementary provisions There are totally 7 chapters and 58 articles.Regarding the management of water abstraction permits, one is to summarize and absorb the successful experience of more than ten years since the implementation of the "Measures", and combine the "Regulations on the Approval Procedure for Water Extraction Permits" (Order No. 4 of the Ministry of Water Resources) and the "Measures for the Supervision and Administration of Water Extraction Permits" (Ministry of Water Resources). Order No. 6) The main provisions of the two regulations have been upgraded to administrative regulations.Second, with regard to the approval procedures for water abstraction permits, the procedures for water abstraction permits have been simplified and improved in accordance with the requirements of the Administrative Licensing Law and the reform of the investment system.The pre-application is cancelled; if it is stipulated that the construction project needs to take water, the construction project water resource demonstration report prepared by the unit with the qualification of construction project water resource demonstration shall be submitted; the acceptance of the water extraction license application shall be accepted by the county level and reported level by level. Who approves and accepts (Among them, if the river basin management agency approves, the opinions will be submitted and reported at the provincial level); the preliminary review regulations of the construction department and the geological and mining department have been cancelled (but the construction department must be consulted if the groundwater in the urban planning area is involved) ; Added regulations on publicity, hearings and announcements.Third, in terms of the basis for the approval of water withdrawal permits, it is stipulated that "the approved water distribution plan or the signed agreement is the basis for determining the total control of the total amount of water withdrawal permits for river basins and administrative regions", and for rivers and rivers that have not yet formulated a water distribution plan or have not signed an agreement. Provisions are made for the formulation of total control indicators for lake water intake permits.Fourth, it is stipulated that "the validity period of a water drawing permit is generally 5 years, and the longest period shall not exceed 10 years." "Units or individuals that have obtained the right to take water in accordance with the law, who save water resources by adjusting their products and industrial structure, reforming technology, and saving water, may transfer them for compensation within the validity period of the water drawing permit and the water drawing quota with the approval of the original examination and approval authority. Save the water resources, and go to the original approval authority to go through the formalities for the change of water withdrawal rights."In view of the complicated issues involved in the transfer of water abstraction rights, in order to proceed steadily, it is stipulated that "specific measures shall be formulated by the water administrative department of the State Council."Fifth, the level of supervision and audit supervision of law enforcement agencies has been strengthened; and in view of the relatively simple and principled legal liability clauses of the current "Measures", and the inconvenience of operation, the chapter on legal liability stipulates the punishment agency, the types of punishments, and what should be done. The behavior that was punished, and stipulated the specific amount or range of the fine.
Reporter: Since the promulgation and implementation of the Water Law in 1988, 30 provinces, autonomous regions, and municipalities across the country have issued local water resource fee collection and management measures. In this regard, how the "Regulations" regulates water resource fee collection and management considerate?
Zhou Ying: Since the promulgation and implementation of the Water Law in 1988, 30 provinces, autonomous regions, and municipalities across the country have issued local water resource fee collection and management methods or standards, and the collection of water resource fees has promoted the rational development and conservation and protection of water resources. , Also laid a certain foundation for the comprehensive implementation of the water resource fee collection system.However, on the whole, the water resource fee collection standard is generally low, which does not reflect the value and scarcity of water resources; the scope of collection is not comprehensive; the collection management is not standardized enough; the collection intensity needs to be strengthened.It is necessary to further standardize and strengthen these matters.In addition, my country's vast territory and the large differences in natural conditions and economic development levels between regions make it difficult to formulate a unified national water resource fee collection standard.Taking the above factors into consideration, the "Regulations" focused on the following provisions: First, in accordance with the provisions of the Water Law revised in 2002, the scope of the collection of water resources fees was clarified.Except for the rural collective economic organizations and their members who use the water in the pools and reservoirs of the collective economic organizations, small amounts of water are drawn for family life and scattered and captive livestock and poultry, to ensure production safety and public safety, and provide temporary emergency water extraction and drought relief for agriculture. Except for temporary emergency water intake for maintaining the ecological environment, other people who directly draw water resources from rivers, lakes or underground must pay water resources fees in accordance with the law.Second, under the premise of stipulating the principles for setting water resources fee standards, it is clear that the water resources fee collection standards are set by the central government except that water resources fee standards for water conservancy projects directly under the central government and across provinces, autonomous regions, and municipalities are approved by river basin management agencies. It shall be formulated by the competent price department of the provincial people’s government in conjunction with the financial department and water administrative department at the same level and reported to the people’s government at the same level for approval.The third is to improve the collection and payment procedures of water resources fees.The water resource fee is collected by the water abstraction approval authority (among which, the water administration department of the provincial people’s government where the water intake is located shall collect the water resource fee if it is approved by the river basin management agency); after the water abstraction approval authority determines the amount of water resource fee payment, it shall ask the water abstraction unit or When an individual serves a water resource fee payment notice, the water drawing unit or individual shall go through the payment procedures within 7 days from the date of receiving the payment notice; at the same time, the deferred payment procedure of the water resource fee is stipulated.The fourth is to standardize the distribution and use of water resources fees.The collected water resources fees shall be paid to the central and local treasury respectively in accordance with the provisions of the competent financial department of the State Council; the collected water resources fees shall be included in the fiscal budget in full, and are mainly used for the conservation, protection and management of water resources.Fifth, from the perspective of promoting the transformation of irrigation methods, establishing the awareness of water conservation, and realizing the sustainable use of water resources, more comprehensive and feasible regulations have been made on the issue of water resources fees for water extraction in agricultural production.Sixth, strengthen law enforcement and supervision, and set strict legal responsibilities for violations of various water resource fee collection and management systems.
Reporter: What considerations and arrangements does the Ministry of Water Resources have regarding the implementation of the "Regulations"?
Zhou Ying: The promulgation and implementation of the "Regulations" is a major achievement in the construction of a water legal system. It provides an important legal basis and guarantee for the sustainable use of water resources and the support of sustainable economic and social development. The "Regulations" not only summarize the experience of implementing two important legal systems, but also make necessary adjustments and improvements in accordance with the needs of the development of the situation.Water administrative departments at all levels and river basin management agencies must earnestly grasp the implementation and implementation of the "Regulations."At present, we must first do a good job in studying and propagating the "Regulations."The Ministry of Water Resources will make unified deployment and arrangements to organize the national water conservancy system, especially leading cadres, water resources managers and water administrative law enforcement personnel to study the "Regulations."Through various forms of learning and training, we must accurately grasp the essence of the "Regulations", be familiar with the various responsibilities entrusted by laws and regulations, and improve the ability and level of administration in accordance with the law.At the same time, it is necessary to adopt various forms to carry out publicity and education activities for the whole society and all citizens.Second, we must promptly formulate relevant measures to support the implementation of the "Regulations" to ensure the effective implementation of the various systems and measures stipulated in the "Regulations".All localities must also pay close attention to clearing up and revising local laws and regulations, government regulations and normative documents that are inconsistent with the provisions of the "Regulations."Third, it is necessary to increase the intensity of law enforcement supervision, ensure that laws must be followed, violations must be investigated, and law enforcement must be strict, maintain the authority of the "Regulations," and establish a good water order.
