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Article 1. These Measures are formulated according to the Law of the People's Republic of China on Water and Soil Conservancy and the implementing regulation thereof for the purpose of strengthening the work relating to the completion-based check and acceptance of water and soil conservancy facilities of development and construction projects. Article 2. These Measures shall be applicable to the completion-based check and acceptance of water and soil conservancy facilities of development and construction projects for which the written reports on water and soil conservancy plans are formulated. The completion-based check and acceptance of water and soil conservancy facilities of development and construction projects for which the reporting forms on water and soil conservancy plans are formulated may be conducted by reference to these Measures. Article 3. The water administrative department of the people's government at or above the county level of the place where a development and construction project is located shall regularly supervise and check the implementation of water and soil conservancy plans and the operation of water and soil conservancy facilities. Article 4. The development and construction project may not be put into production or use until the water and soil conservancy facilities thereof are found to be qualified upon the completion-based check and acceptance. Article 5. The water administrative department of the people's government at or above the county level or any other entrusted institution shall be responsible for the organization, implementation, supervision and administration of the work relating to the completion-based check and acceptance of water and soil conservancy facilities of development and construction projects. The water administrative department of the people's government at or above the county level shall be responsible for the work relating to the completion-based check and acceptance of water and soil conservancy facilities of development and construction projects in light of the examination and approval power for the water and soil conservancy plans of development and construction projects. The water administrative department of the people's government at or above the county level shall submit the materials on the completion-based check and acceptance of water and soil conservancy facilities it organizes to the water administrative department of the people's government at the next higher level. Article 6. The scope of water and soil conservancy facilities subject to completion-based check and acceptance shall accord with the approved water and soil conservancy plans and the written official replies. The work relating to the completion-based check and acceptance of water and soil conservancy facilities includes: the check as to whether the water and soil conservancy facilities comply with the designing requirements, the quality of the project, the use of investments, the implementation of management and maintenance liabilities, the appraisal of effects on controlling water loss and soil erosion, as well as suggestions on handling the existing problems. Article 7. The water and soil conservancy facilities that meet the following requirements may be determined as qualified upon the completion-based check and acceptance: (1) The formalities on examining and approving the water and soil conservancy plans of development and construction projects are complete, and the reports on designing, construction, inspection and controlling, financial expenditure, inspection and control of water loss and soil erosion in regard to the water and soil conservancy project are all ready; (2) The water and soil conservancy facilities are built according to the written report and the designing documents on the approved water and soil conservancy plans, and accord with the requirements for the principal project and the water and soil conservancy; (3) The degree of harnessing, ratio of residue control, ratio of vegetation restoration, volume of water loss and soil erosion control and other indicators meet the requirements as set down in the water and soil conservancy plans, the official documents and other national and local technical standards; and (4) The water and soil conservancy facilities meet the requirements for normal operation and can be operated continuously, safely and effectively and accord with the requirements for delivery and use. The management and maintenance measures for water and soil conservancy facilities are carried out. Article 8. The completion-based check and acceptance of water and soil conservancy facilities shall be timely carried out upon conclusion of the civil engineering of a development and construction project. The construction entity shall, together with the entity that formulated the water and soil conservancy plans and in accordance with the contents and engineering amount as described in the approval report on water and soil conservancy plans and designing documents, conduct inspection of the completion of water and soil conservancy facilities, and formulate the work summary on the implementation of water and soil conservancy plans and the technical report on the completion-based check and acceptance of water and soil conservancy facilities (see Annex for the outline for formulation). An application for the completion-based check and acceptance of water and soil conservancy facilities may not be filed with the organ that examines and approves the water and soil conservancy plans until the requirements for completion-based check and acceptance as listed in Article 7 of these Measures are met. Article 9. The technical appraisal shall be firstly conducted for a development and construction project that is subject to the completion-based check and acceptance by the water administrative department under the State Council. For a development and construction project subject to the completion-based check and acceptance by the provincial water administrative department, the technical appraisal may be implemented by reference to the preceding Paragraph in light of the actual situation. The completion-based check and acceptance of a development and construction project subject to the completion-based check and acceptance by the water administrative department at the district or county level may be directly conducted. Article 10. The technical appraisal shall be undertaken by a technical institution that has the consultation and appraisal qualification for water and soil conservancy ecological construction. The institution that undertakes the technical appraisal shall organize the experts in water and soil conservancy, water power engineering, vegetation, finance and economy to appraise the water and soil conservancy facilities in accordance with the water and soil conservancy plans, the replies and the rules and criteria for water and soil conservancy check and acceptance, and submit an appraisal report. Article 11. After accepting an application for the completion-based check and acceptance, the water administrative department of the people's government at or above the county level shall organize the representatives and experts from the relevant entities to form a completion-based check and acceptance group for inspecting the construction fields and putting forward the completion-based check and acceptance suggestions in accordance with the application for the completion-based check and acceptance, the relevant achievements and materials. For a development and construction project for which the technical appraisal shall be firstly conducted in accordance with Article 9 of these Measures, the construction entity shall annex the technical appraisal report along with the application for completion-based check and acceptance. The construction entity, the entity that formulates the water and soil conservancy plans, the designing entity, the engineering entity, the supervision entity and the entity that formulates the monitoring report shall take part in the completion-based check and acceptance on the spot. Article 12. The opinions on passing the completion-based check and acceptance shall be agreed upon by 2/3 or more of the members of the completion-based check and acceptance group, and the members of the completion-based check and acceptance group and the representatives of the entity under check and acceptance shall put their signatures on the completion-based check and acceptance documents. Article 13. The water administrative department of the people's government at or above the county level shall make a completion-based check and acceptance conclusion within 20 days as of the day when the application for completion-based check and acceptance is accepted. For a project that is found to be qualified upon completion-based check and acceptance, the water administrative department shall, within ten days as of the day when the completion-based check and acceptance conclusion is drawn, handle the formalities on passing the completion-based check and acceptance, which shall be an important basis for the completion-based check and acceptance of a development and construction project. For a project that is found to be unqualified upon completion-based check and acceptance, the water administrative department responsible for the completion-based check and acceptance shall order the construction entity to make rectifications and improvements within a time limit until the project is found to be qualified upon completion-based check and acceptance. Article 14. The water and soil conservancy facilities of a development and construction project that is built and put into operation or use by stages shall be subject to the installment completion-based check and acceptance in accordance with these Measures. Article 15. After the water and soil conservancy facilities are found to be qualified upon completion-based check and acceptance and are handed over for use, the construction entity or management entity shall strengthen the management and maintenance of water and soil conservancy facilities and ensure the safe and effective operation thereof. Article 16. Where these Measures are violated by putting the principal project into operation before the water and soil conservancy facilities are built or checked and accepted or are found unqualified upon the completion-based check and acceptance, the water administrative department that examined and approved the water and soil conservancy plans of the said construction project shall order it to complete the relevant project and handle the formalities for completion-based check and acceptance within a time limit; and in the case of failure to do so within the time limit, a fine of less than 10,000 yuan may be given. Article 17. The relevant fees for the completion-based check and acceptance of water and soil conservancy facilities shall be assumed by the entity undertaking the project. Article 18. The power to interpret these Measures shall remain with the Ministry of Water Resources. Article 19. These Measures shall come into force as of December 1, 2002. |
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