(Decree No.210 of Shenzhen Municipal People’s Government Promulgated on October 10, 2009; Decree No.235 of Shenzhen Municipal People’s Government Amended on December 31, 2011)
Article 1 In order to strengthen the water affairs management, standardize the administrative acts in enforcing the laws on water affairs, and ensure the legal and effective implementation of the administrative law enforcement by the water administrative organs, these rules are hereby made in accordance the relevant laws, regulations and rules and the actual conditions of the Municipality.
Article 2 Shenzhen municipal and district water administrative organs (hereinafter referred to as the entrusting organs) shall entrust qualified organizations (hereinafter referred to as the trustees) to implement the administrative law enforcement within the scope of the entrusted affairs:
(1) Shenzhen municipal and district water source management organs are responsible for investigating and dealing with the violations of the relevant management provisions on the management of water resources, water and soil conservation and flood control in accordance with the law in their jurisdiction over water source protection areas, reservoirs and water diversion projects.
(2) Shenzhen municipal and district river management organs are responsible for investigating and dealing with the violations of the provisions on river course management, soil and water conservation, flood control and other aspects in accordance with the law in their jurisdiction over the river course areas.
(3) Shenzhen municipal water management organs shall, in accordance with the law investigate and deal with the violations of the relevant provisions on the water supply, drainage and water saving managements.
(4) The sub-district water management organs in Bao’an and Longgang districts shall, according to the actual needs, investigate and deal with the violations of the relevant provisions on river course management, soil and water conservation, flood control and other aspects in accordance with the law outside the jurisdiction of the water source management and river course management organs prescribed in (1) and (2) of this Article.
(5) Guangming and Pingshan New District Management Committees shall investigate and deal with the violations of the relevant provisions on river course management, soil and water conservation, flood control and other aspects under their respective jurisdiction in accordance with the law. They may appoint special institutions to undertake the relevant specific work.
(6) The municipal government shall determine other water affairs involved in the implementation of the entrusted law enforcement.
Article 3 “The administrative law enforcement” prescribed in Article 2 of these rules includes administrative inspection, case-filing, investigation and evidence collection, administrative punishment, dealing with relevant articles, etc.
Article 4 In accordance with the law, a warning will be given to the individual; a fine of 5000 Yuan (not including 5000 Yuan) will be imposed on him or her and a fine of 50,000 Yuan (not including 50000 Yuan) on the legal person or other organizations.
The punishment such as the above-mentioned fines on individuals and legal persons, revoking the license and ordering to suspend production or close the business will be decided by the entrusted organizations in accordance with the law.
Article 5 The entrusting organs shall give guidance and supervision over the acts of the administrative law enforcement by the entrusted organizations, establish the platform of information services to provide the updated information about the timely and relevant policies, laws, regulations and rules and to answer the inquiries of the entrusted organizations and their staff, and bear the legal liabilities of consequences brought about by the acts of the administrative law enforcement of the entrusted organizations.
Article 6 The entrusted organization shall, in the name of the entrusting organ, implement the administrative law enforcement in the scope of the entrusted matters and powers. The entrusted organization shall not entrust other organizations or individuals to implement the administrative law enforcement.
When the entrusted organization deals with a complicated water case of great influence and odious nature, it should promptly report to the municipal district water affairs administrative organs.
Article 7 The entrusted authorities and organizations shall enter into a written agreement. The agreement shall specify the names of the entrusted authorities and the organizations, the entrustment basis, the entrusted matters, the entrusted power and duration, and legal liabilities.
Article 8 The entrusted authorities and organizations shall make a public announcement of the entrusted law enforcement contents prescribed by these rules.
Article 9 The entrusting organs and entrusted organizations shall strengthen their law enforcement coordination, cooperation, exchange of law enforcement information, and coordinate to solve the problems in the enforcement of law.
Article 10 These rules shall be implemented as of December 1, 2009.
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