Article 1
Article 2 These Regulations shall apply to the protection, utilization and management of lakes within the administrative area of this province.
Lake fishery production activities and the protection of aquatic wildlife shall be implemented in accordance with the provisions of relevant laws and regulations.
if there are other provisions in laws and regulations on the protection of wetlands, scenic spots and lakes in nature reserves, those provisions shall prevail.
according to their functions and actual needs, important lakes can separately formulate local regulations or government regulations to strengthen protection.
these regulations apply to the prevention and control of water pollution in reservoirs.
article 3 the protection of lakes should follow the principles of giving priority to protection, scientific planning, comprehensive management and sustainable utilization, and achieve the goals of preserving surface (capacity), water quality, functions, ecology and sustainable utilization.
Article 4 A list system shall be implemented for lake protection. Within the administrative area of this province, the list of lakes protection shall be drawn up and adjusted by the water administrative department of the provincial people's government in conjunction with the relevant administrative departments of development and reform, environmental protection, land and resources, agriculture (fishery), forestry, construction (planning), transportation, tourism, etc. according to the function and area of the lakes and the principle of ensuring the protection, and shall be determined and published by the provincial people's government and reported to the Standing Committee of the Provincial People's Congress for the record. Article 5 The people's governments at or above the county level shall strengthen their leadership over the lake protection work, incorporate the lake protection work into the national economic and social development plan, and coordinate and solve major problems in the lake protection work. Lake protection work across administrative regions shall be the responsibility of the people's government at the next higher level and the people's government in the region.
the protection institutions and their responsibilities of lakes across administrative regions shall be determined by the provincial people's government.
trans-administrative lake protection agencies shall earnestly perform their duties of lake protection and assist the people's governments at the corresponding levels and their relevant departments to do a good job in lake protection.
article 6 the responsibility system for the protection of lakes shall be implemented by the chief executive of the government.
the people's government at a higher level carries out annual target assessment on the lake protection work of the people's government at a lower level, and the assessment targets include the number of lakes, area (capacity), water quality, function, water pollution prevention and control, ecology, etc. Specific assessment methods shall be formulated by the provincial people's government.
the results of the annual assessment of lake protection objectives should be used as an important basis for the appointment, rewards and punishments of the principal responsible persons, responsible persons in charge and department heads of local people's governments.
Article 7 The water administrative department of the people's government at or above the county level shall be in charge of the protection of lakes within its administrative area, and shall specifically perform the following duties:
(1) General survey of lake conditions and information release;
(2) to draw up the lake protection plan and scope;
(3) Compiling and adjusting lake water function zoning;
(4) lake water quality monitoring and unified management of water resources;
(5) Construction of water conservancy facilities for flood control and drought relief;
(6) management and supervision of construction projects involving lakes;
(7) ecological restoration of lakes;
(8) Other duties as stipulated by laws and regulations.
the water administrative department of the people's government at or above the county level shall make it clear that the corresponding management agencies are responsible for the daily protection of lakes.
Article 8 The competent administrative department of environmental protection of the people's government at or above the county level shall specifically perform the following duties in the lake protection work:
(1) To prepare a plan for the prevention and control of lake water pollution;
(2) supervision and management of water pollution sources;
(3) monitoring and information release of lake water environment quality;
(4) comprehensive management and supervision of water pollution;
(5) Examining and approving the environmental impact assessment documents of lake-related construction projects;
(6) to organize and guide the comprehensive improvement of urban and rural environment in the lake basin;
(7) Other duties as stipulated by laws and regulations.
The administrative department of agriculture (fishery) of the people's government at or above the county level shall perform the following duties in the lake protection work:
(1) Setting the closed fishing area and determining the closed fishing period;
(2) protection of fishery germplasm resources;
(3) the supervision of fishery culture;
(4) prevention and control of agricultural non-point source pollution;
(5) to organize the formulation and implementation of fishery development, utilization and protection plans;
(6) Other duties as stipulated by laws and regulations.
The forestry administrative departments of the people's governments at or above the county level shall specifically perform the following duties in lake protection:
(1) Construction and management of wetland nature reserves and wetland parks;
(2) Construction of ecological protection forest and water conservation forest around the lake;
(3) ecological restoration of lakes and wetlands;
(4) protection of lake biodiversity;
(5) Other duties as stipulated by laws and regulations.
other administrative departments of the people's governments at or above the county level, such as development and reform, finance, construction (planning), land and resources, public security, transportation and tourism, shall do a good job in lake protection according to their respective responsibilities.
article 9 the people's governments at or above the county level shall establish and improve the linkage mechanism between departments of lake protection, and implement the system of joint meeting on lake protection convened by the responsible person of the government and attended by relevant departments.
the joint meeting shall be presided over by the person in charge of the government, and the daily work shall be undertaken by the water administrative department.
article 11 people's governments at all levels shall establish and improve the investment mechanism for lake protection, and include the funds needed for lake protection in the financial budget.
article 11 the people's governments at or above the county level shall encourage and support enterprises to carry out technological transformation, change production, relocate and close down in order to reduce lake pollution through measures such as finance, taxation, finance, land use, energy supply and government procurement.
article 12 the people's governments at or above the county level shall, according to the requirements of the lake protection planning and the need to restore the ecological functions of the lake, carry out ecological migration for fishermen who live on the lake and other farmers (fishermen) living in the lake protection area, and give them support by means of financial support, skills training, employment transfer and social security.
article 13 for the protection of important lakes, the provincial people's government shall establish an ecological compensation mechanism and give support in terms of capital investment and infrastructure construction.
article 14 the people's governments at or above the county level shall encourage and support scientific research and technological innovation in lake protection, and use scientific and technological means to strengthen the monitoring, pollution prevention and ecological restoration of lakes. Fifteenth people's governments at or above the county level shall formulate a master plan for lake protection and report it to the people's government at the next higher level for approval. The overall planning of land use, urban and rural planning, water pollution prevention and control planning, wetland protection planning and lake protection planning should be connected with each other.
article 16 the water administrative department of the people's government at or above the county level shall, according to the overall plan for lake protection and according to the management authority, organize the formulation of detailed plans for lake protection for lakes listed in the lake protection list, solicit the opinions of relevant departments and the public, report them to the people's government at the corresponding level for approval, then promulgate them for implementation, and report them to the standing Committee of the people's congress at the corresponding level and the water administrative department at a higher level for the record.
the detailed planning of lake protection should include the scope of lake protection, the division of lake water function zones and water quality protection objectives, the opinions on water pollution capacity and the limitation of total discharge, the prevention and control objectives of flood control, waterlogging elimination and soil erosion, the control objectives of planting and breeding, returning farmland (pond) to the lake, ecological restoration and so on.
Article 17 The lake protection plan shall not be changed at will. If it is really necessary to modify it, it shall be carried out in accordance with legal procedures.
people's governments at all levels and their relevant departments shall not approve the development and utilization of lake resources in violation of the lake protection plan, and no unit or individual may develop and utilize lake resources in violation of the lake protection plan.
article 18 implements the system of general survey of lakes.
the water administrative department of the people's government at or above the county level shall regularly organize and implement the general survey of lake conditions, and establish lake archives including name, location, area (capacity), storage capacity and main functions.
article 19 the people's governments at or above the county level shall, in accordance with the lake protection plan, demarcate the lake protection scope, set up protection signs, determine the units and persons responsible for protection, and publicize them to the public.
Article 21 The scope of lake protection includes lake protection areas and lake control areas.
the lake reserve is defined according to the designed flood level of the lake, including the lake dike, lake water body, lake basin, lake continent, lake beach, island in the middle of the lake, etc. Areas outside the designed flood level of the lake play an important role in lake protection, and are classified as lake protection areas. Lakes in urban planning areas and areas not less than 51 meters outside the designed flood level of lakes are designated as lake protection areas.
the lake control area shall be delineated on the periphery of the lake protection area according to the needs of lake protection, and in principle, it shall not be less than 511 meters away from the periphery of the protection area.
article 21 in the lake protection area, it is forbidden to build buildings and structures unrelated to public facilities such as flood control, water environment improvement, ecological protection, shipping and roads.
if public facilities such as flood control, water environment improvement, ecological protection, shipping and roads are built in the lake protection area, environmental impact assessment shall be conducted.
if the construction unit is approved to engage in construction in the lake protection area according to law, it shall clear the site after the work is completed; The construction roads, construction cofferdams and construction wastes that affect the protection of lakes should be removed in time.
Article 22 It is forbidden to fill lakes for building houses, parks, land, fields around lakes, dams and dams, and other acts of occupying and dividing water surfaces.
if the lake has been reclaimed or dammed, it should be gradually returned to the lake according to the lake protection plan.
Article 23 The construction or reconstruction of sewage outlets within the scope of lake protection shall be approved by the competent water administrative department, and the environmental protection administrative department shall be responsible for examining and approving the environmental impact assessment documents of the construction project; Involving navigation and fishing waters, the opinions of the administrative departments of transportation and agriculture (fishery) shall be sought.
article 24 the development and utilization of land in the lake control area should be coordinated with the public use function of the lake, and public access channels and sight corridors should be reserved.
it is forbidden to engage in project construction that may pollute the lake and other activities that endanger the ecological environment of the lake in the lake control area. Article 25 The strictest protection system for lake water resources shall be implemented. The allocation of lake water resources shall be unified and graded, giving priority to meeting the domestic water needs of urban and rural residents, taking into account the needs of agriculture, industry, ecological water use and shipping, and maintaining a reasonable water level in the lake.
article 26 the water administrative department of the people's government at or above the county level shall, jointly with the relevant departments of development and reform, environmental protection, agriculture (fishery), forestry, construction (planning), transportation, tourism, etc., draw up and adjust the water function zoning of lakes according to the comprehensive river basin planning, the overall planning of lake protection and the needs of economic and social development, and announce it to the public after being approved by the people's government at the same level.
aquaculture, shipping, tourism and other activities in a lake should meet the requirements of water function zoning of the lake.
article 27 strengthen the protection of drinking water sources in lakes. For lakes with the function of drinking water source, the people's governments at or above the county level shall, in accordance with the provisions, delimit drinking water source protection areas and set up relevant protection signs. The water administrative department shall make scientific dispatch to prevent water sources from drying up; Environmental protection departments should carry out daily inspections and monitoring to prevent water pollution.
article 28 the water administrative department of the people's government at or above the county level shall, jointly with the administrative departments of environmental protection and agriculture (fishery), determine the lowest water level of the lake according to the needs of lake ecological protection and set up the lowest water level mark.
if the water level of the lake is close to the lowest water level line, measures such as replenishing water and restricting water intake should be taken.
Article 29 The provincial people's government shall, in accordance with the requirements of unified planning and layout, unified standard methods and unified information release, establish a lake monitoring system and a monitoring information consultation and sharing mechanism.
the competent administrative department of environmental protection of the people's government at or above the county level shall regularly announce the monitoring information of lake water environment quality in its administrative area to the public; Hydrological and water resources information issued by the water administrative department; The release of hydrological and water resources information related to the quality of water environment shall be agreed with the competent administrative department of environmental protection. Thirtieth provincial people's government should draw up a plan to reduce and control the total discharge of key water pollutants in lakes, decompose it to the county (city, district) people's government step by step, and implement it to the sewage units.
article 31 the water administrative department of the people's government at or above the county level shall, in accordance with the water quality requirements of the water functional area and the natural purification capacity of the water body, verify the pollution capacity of the lake water area, put forward opinions to the administrative department of environmental protection on limiting the total amount of pollutants discharged by the lake, and make an announcement, and send a copy to the water administrative department of the people's government at the next higher level and the administrative department of environmental protection.
the water administrative department of the people's government at or above the county level shall monitor the water quality of the lake. If it is found that the total discharge of key water pollutants exceeds the control index, or the water quality of the lake fails to meet the water quality requirements of the water functional area, it shall promptly report to the relevant people's government to take control measures and notify the competent administrative department of environmental protection.
article 32 the competent administrative department of environmental protection of the provincial people's government shall, according to the needs of prevention and control of water pollution in lakes, optimization of industrial structure and adjustment of industrial layout, draw up the specific geographical scope and time limit for the application of the discharge limits of key water pollutants in lakes, which shall be implemented after being approved by the provincial people's government.
article 33 the competent administrative department of environmental protection shall stop examining and approving the environmental impact assessment documents of construction projects with new pollutant discharge in areas where the water environment quality of lakes cannot meet the requirements of water function zones.
article 34 the people's governments at or above the county level shall strengthen the unified planning and layout of all kinds of industrial parks and industrial concentration areas in the lake basin, conduct planning environmental impact assessment according to law, and support the construction of centralized sewage treatment facilities.
the construction projects in the lake basin shall conform to the national and provincial industrial policies; It is forbidden to build new enterprises and projects that discharge pollutants such as phosphorus, nitrogen and heavy metals in papermaking, printing and dyeing, tanning, electroplating, chemicals and pharmaceuticals; For existing polluting enterprises, the people's governments at or above the county level and their relevant departments shall, according to law, order them to make rectification, change production or close down within a time limit.
article 35 the administrative department of agriculture of the people's government at or above the county level and other relevant departments shall take measures to guide agricultural producers in lake basins to use agricultural inputs such as chemical fertilizers and pesticides scientifically and rationally, control excessive and improper use, and prevent water pollution.
the administrative department of agriculture of the people's government at or above the county level shall scientifically plan the livestock and poultry breeding areas in the lake basin, encourage the construction of ecological farms and breeding communities, realize the comprehensive utilization of livestock and poultry manure and reduce the pollution of livestock and poultry breeding by developing biogas, producing organic fertilizer and returning harmless livestock and poultry manure to the fields.
article 36 it is forbidden to discharge untreated or substandard industrial wastewater and domestic sewage into lakes.
it is forbidden to dump construction waste, domestic waste, industrial waste residue and other wastes into lakes.
it is forbidden to set up sewage outlets and engage in activities that may pollute drinking water bodies in lake waters belonging to drinking water source protection areas.
article 37 the people's governments at or above the county level shall make overall arrangements for the construction of urban sewage centralized treatment facilities and supporting pipe networks in lake basins, rationally plan and construct separate rainwater and sewage collection facilities, and improve the collection rate and treatment rate of urban sewage. Newly built and under construction urban sewage treatment plants shall simultaneously build nitrogen and phosphorus removal facilities; If there are no nitrogen and phosphorus removal facilities in the built urban sewage treatment plant, nitrogen and phosphorus removal facilities should be added.
the effluent from sewage treatment plants should meet the national requirements for reuse.
article 38 people's governments at all levels should strengthen the construction of rural domestic sewage treatment facilities in lake basins, combine the creation of ecological townships, towns and villages and the comprehensive improvement of rural environment, carry out dredging of river ponds, transform and improve water conservancy facilities, and make use of the self-purification energy of river ponds and ditches.