Standard No.:	19950530
English Name:	Management Regulations on Preparation, Submission and Approval of the Water and Soil Conservation Plan of Development and Construction Projects (The Ministry of Water Resources of the People's Republic of China, Doc. 5)
Chinese Name:	开发建设项目水土保持方案编报审批管理规定（1995年5月30日水利部令第5号发布 ）
Professional Classification:	19
Issued on:	1995-05-30
Implemented on:	1995-5-30
Status:	valid
Language:	English
File Format:	PDF
Word Count:	1500 words
Price(USD):	50.00
Delivery:	via email in 1 business day

Article 1 The Provisions are formulated in accordance with the Law of the People's Republic of China on Water and Soil Conservation, the Regulations for the Implementation of the Law of the People's Republic of China on Water and Soil Conservation and the Measures for the Administration of Water and Soil Conservation Plans for Development and Construction Projects issued by the State Planning Commission, the Ministry of Water Resources and the State Environmental Protection Administration in order to strengthen the administration of the preparation, submission, examination and approval of water and soil conservation plans.

Article 2 Any organization and individual engaged in development and construction that may cause water and soil loss must prepare and report its water and soil conservation plan at the feasibility study stage of the project, and carry out preliminary survey and design work according to the approved water and soil conservation plan.

Article 3 Water and soil conservation plans are classified into Reports on the Water and Soil Conservation Plan and Report Forms for the Water and Soil Conservation Plan. For the construction of railways, highways or water projects and the establishment of mining enterprises, electric power enterprises and other large and medium-sized industrial enterprises in mountainous areas, hilly areas or sandy areas, a Report on the Water and Soil Conservation Plan must be prepared and submitted. Any organization or individual engaged in production and construction who sets up a township-level collective mining enterprise, reclaim barren slopes, apply for mining, etc. in mountainous areas, hilly areas or sandy areas must fill in the Report Form for the Water and Soil Conservation Plan.

Article 4 The production and construction organization shall be responsible for the preparation and submission of the water and soil conservation plan. The specific organization that prepares water and soil conservation plan must hold the Qualification Certificate for Preparation of Water and Soil Conservation Plans issued by the competent department for water administration, and the measures for the administration of the Qualification Certificate for Preparation of Water and Soil Conservation Plans shall be separately formulated by the competent department for water administration under the State Council.

Article 5 The water and soil conservation plans shall be prepared in accordance with Article 18 of the Law of the People's Republic of China on Water and Soil Conservation, the Outline for Preparation of the Report on Water and Soil Conservation Plan, the Report Form for the Water and Soil Conservation Plan and the current relevant norms of the state and departments. See Annexes I and II for the Outline for Preparation of the Report on Water and Soil Conservation Plan and the Report Form for Water and Soil Conservation Plan.

Article 6 The cost for preparing a water and soil conservation plan shall be determined according to the preparation workload and included in the pre-project cost.

Article 7 A water and soil conservation plan must be examined and approved by the competent department for water administration first, and the organization or individual engaged in the project can go through other examination and approval procedures only after receiving the Certificate of Water and Soil Conservation Plan uniformly printed by the competent department for water administration under the State Council.

Article 8 The competent department for water administration shall implement a hierarchical examination and approval system for the examination and approval of water and soil conservation plans. The water and soil conservation plans approved by the competent department for water administration of a local people's government at or above the county level shall be reported to the competent department for water administration of the people's government at the next higher level for the record. The water and soil conservation plans for production and construction projects and technical transformation projects above designated size approved by the central government are subject to examination and approval by the competent department for water administration under the State Council. The water and soil conservation plans for production and construction projects and technical transformation projects below designated size approved by a local government are subject to examination and approval by the competent department for water administration at the corresponding level. Water and soil conservation plans for township-level, collective, individual and other projects are subject to examination and approval by the competent department for water administration at the county level where they are located. Water and soil conservation plans for trans-regional projects shall be submitted to the competent department for water administration at the next higher level for examination and approval.

Article 9 The competent departments for water administration at or above the county level shall go through the examination and approval procedures within 60 days and 30 days respectively from the date of receiving a Report on Water and Soil Conservation Plan or a Report Form for Water and Soil Conservation Plan. If the competent department fails to give approval or reply within the time limit, the water and soil conservation plan may be regarded by the project organization which prepared it as having been confirmed. The time limit for examination and approval of a water and soil conservation plan of a special nature or for a large-scale production and construction project may be appropriately extended for a period which shall not exceed half a year.

Article 10 For projects that have been constructed, under construction or of technical transformation before the implementation of the Law of the People's Republic of China on Water and Soil Conservation, the project organizations or individuals must fulfill the responsibilities of preparing and submitting water and soil conservation plans and completing the examination and approval procedures within 3 months from the date of promulgation of the Provisions.

Article 11 In the case that the nature, scale or construction site of an approved project changes, the project organization or individual shall revise the water and soil conservation plan in time and submit it to the original approving authority for examination and approval in accordance with the procedures stipulated in the Provisions.