Law of the people's Republic of China on the protection of the Yangtze River
(adopted at the 24th Meeting of the Standing Committee of the 13th National People's Congress on December 26, 2020)
catalog
Chapter I General Provisions
Chapter II Planning and control
Chapter III resource protection
Chapter IV Prevention and control of water pollution
Chapter V ecological environment restoration
Chapter six green development
Chapter VII Guarantee and supervision
Chapter VIII Legal Liability
Chapter IX supplementary provisions
Chapter I General Provisions
Article 1 this law is formulated for the purpose of strengthening the protection and restoration of the ecological environment in the Yangtze River Basin, promoting the rational and efficient utilization of resources, ensuring ecological security, realizing the harmonious coexistence of man and nature and the sustainable development of the Chinese nation.
Article 2 this Law shall be abided by in the protection and restoration of the ecological environment and in all kinds of production, living, development and construction activities in the Yangtze River Basin.
The term "Yangtze River Basin" as used in this Law refers to the catchment areas formed by the main stream, tributaries and lakes of the Yangtze River, involving Qinghai Province, Sichuan Province, Tibet Autonomous Region, Yunnan Province, Chongqing City, Hubei Province, Hunan Province, Jiangxi Province, Anhui Province, Jiangsu Province and Shanghai City, as well as Gansu Province, Shaanxi Province, Henan Province, Guizhou Province, Guangxi Zhuang Autonomous Region, Guangdong Province, Zhejiang Province and Fujian Province The relevant county-level administrative regions.
Article 3 in the economic and social development of the Yangtze River Basin, ecological priority and green development shall be adhered to, and great protection and development shall not be carried out; in the protection of the Yangtze River, overall coordination, scientific planning, innovation driven and systematic management shall be adhered to.
Article 4 the State shall establish a coordination mechanism for the Yangtze River Basin, provide unified guidance and overall coordination for the protection of the Yangtze River, review major policies and plans for the protection of the Yangtze River, coordinate major issues across regions and departments, and supervise and inspect the implementation of important work for the protection of the Yangtze River.
Article 5 the relevant departments of the State Council and the provincial people's governments of the Yangtze River Basin shall be responsible for implementing the decision-making of the national coordination mechanism of the Yangtze River Basin, and shall be responsible for the work related to the protection of the Yangtze River according to the division of responsibilities.
The local people's governments at all levels in the Yangtze River Basin shall fulfill the responsibilities of protecting and restoring the ecological environment in their respective administrative areas, promoting the rational and efficient utilization of resources, optimizing the industrial structure and layout, and maintaining the ecological security of the Yangtze River Basin.
River and lake governors at all levels in the Yangtze River Basin are responsible for the protection of the Yangtze River.
Article 6 relevant localities in the Yangtze River Basin shall, according to their needs, establish a cooperation mechanism in the formulation of local laws and regulations, government rules and regulations, planning, supervision and law enforcement, etc., so as to promote the protection and restoration of the ecological environment in the Yangtze River Basin.
Article 7 the relevant departments in charge of ecological environment, natural resources, water administration, agriculture and rural areas and standardization under the State Council shall, in accordance with the division of responsibilities, establish and improve the standards system for water environment quality and pollutant discharge, ecological environment restoration, economical and intensive utilization of water resources, ecological flow, protection of biological diversity, aquaculture, disaster prevention and reduction in the Yangtze River Basin.
Article 8 the Department in charge of natural resources under the State Council, together with the relevant departments under the State Council, shall regularly organize surveys on the status of natural resources in the Yangtze River Basin, such as land, minerals, water flow, forests, grasslands and wetlands, establish resource-based databases, carry out assessment on the carrying capacity of resources and environment, and make public the status of natural resources in the Yangtze River Basin.
The Department in charge of wildlife protection under the State Council shall organize a general survey of wildlife and their habitats every ten years, or organize and carry out special investigations according to needs, establish wildlife resources archives, and publicize the status of wildlife resources in the Yangtze River basin to the public.
The agricultural and rural administrative departments of the local people's governments at or above the county level in the Yangtze River Basin, together with the relevant departments of the people's governments at the same level, carry out biodiversity surveys on important habitats such as spawning grounds, feeding grounds, wintering grounds and migration channels of aquatic organisms.
Article 9 the state coordination mechanism for the Yangtze River Basin shall coordinate the relevant departments of the State Council to improve the monitoring network system and monitoring information sharing mechanism for the ecological environment, resources, hydrology, meteorology, shipping and natural disasters in the Yangtze River Basin on the basis of the established stations and monitoring projects.
The relevant departments of the State Council, the local people's governments at or above the county level in the Yangtze River Basin and their relevant departments shall, in accordance with the division of responsibilities, organize and improve the ecological environment risk reporting and early warning mechanism.
Article 10 the competent department of ecological environment under the State Council, together with the relevant departments under the State Council and the provincial people's Government of the Yangtze River Basin, shall establish and improve the emergency linkage mechanism for the sudden ecological environmental events in the Yangtze River Basin, link up with the national emergency system, and strengthen the emergency management of the sudden ecological environmental events occurring in ships, ports, mines, chemical plants and tailings ponds of the Yangtze River Basin.
Article 11 the state strengthens the construction of the monitoring, forecasting, early warning, defense, emergency response, recovery and reconstruction system for floods, floods and droughts, forest and grassland fires, geological disasters, earthquakes and other disasters in the Yangtze River Basin, so as to improve the ability of disaster prevention, reduction, resistance and relief.
Article 12 the Yangtze River Basin science and Technology Advisory Committee shall be established to coordinate the strategic development of the Yangtze River Basin and other major institutions.
The relevant departments of the State Council and the provincial people's governments of the Yangtze River Basin and their relevant departments shall, in accordance with the division of responsibilities, organize and carry out the third-party assessment, analysis and demonstration of the impacts of construction projects, important infrastructure and industrial layout plans of the Yangtze River Basin on the ecosystem of the Yangtze River Basin.
Article 13 the state coordination mechanism for the Yangtze River Basin shall coordinate the relevant departments of the State Council and the provincial people's governments of the Yangtze River basin to establish and improve the information sharing system for the Yangtze River Basin. The relevant departments of the State Council and the provincial people's governments of the Yangtze River Basin and their relevant departments shall, in accordance with relevant regulations, share information on the ecological environment, natural resources, management and law enforcement of the Yangtze River Basin.
Article 14 the relevant departments of the State Council and the local people's governments at or above the county level in the Yangtze River Basin and their relevant departments shall strengthen publicity and education on ecological environment protection and green development in the Yangtze River Basin.
The news media should take various forms to carry out publicity and education on the protection of the ecological environment and green development in the Yangtze River Basin, and supervise the illegal acts by public opinion according to law.
Article 15 the relevant departments of the State Council and the local people's governments at or above the county level in the Yangtze River Basin and their relevant departments shall take measures to protect the famous historical and cultural cities, towns and villages in the Yangtze River Basin, strengthen the protection of the cultural heritage in the Yangtze River Basin, and inherit and carry forward the excellent characteristic culture of the Yangtze River Basin.
Article 16 The State encourages and supports units and individuals to participate in the activities of protecting and restoring the ecological environment of the Yangtze River Basin, making rational use of resources and promoting green development.
The people's governments at or above the county level and their relevant departments shall, in accordance with the relevant provisions of the state, commend and reward the units and individuals that have made outstanding contributions to the protection of the Yangtze River.
Chapter II Planning and control
Article 17 The State shall establish a planning system for the Yangtze River Basin under the guidance of the national development plan, on the basis of spatial planning and supported by special and regional planning, so as to give full play to the leading, guiding and restraining role of planning in promoting the protection of the ecological environment and green development of the Yangtze River Basin.
Article 18 The State Council and the local people's governments at or above the county level in the Yangtze River Basin shall incorporate the protection of the Yangtze River into the national economic and social development plan.
The development and Reform Department of the State Council, together with the relevant departments of the State Council, shall work out the development plan for the Yangtze River Basin, scientifically coordinate the ecological environment protection and green development of the upper and lower reaches, left and right banks, trunk and tributaries of the Yangtze River Basin, and submit it to the State Council for approval before implementation.
Water resources planning and ecological environment protection planning for the Yangtze River Basin shall be formulated in accordance with relevant laws and administrative regulations.
Article 19 The Department in charge of natural resources under the State Council, together with the relevant departments under the State Council, shall organize the compilation of the land and space plan for the Yangtze River Basin, scientifically and orderly make overall arrangements for the ecological, agricultural, urban and other functional spaces in the Yangtze River Basin, delimit the red line for ecological protection, permanent basic farmland and urban development boundaries, optimize the spatial structure and layout of the land, and command the land and space utilization tasks of the Yangtze River Basin, which shall be submitted to the State Council for approval Implementation after approval. The special planning concerning the land and space utilization of the Yangtze River Basin should be connected with the land and space planning of the Yangtze River Basin.
The local people's governments at or above the county level in the Yangtze River Basin shall organize the compilation of land and space plans for their respective administrative regions, which shall be implemented after being submitted for approval in accordance with the prescribed procedures.
Article 20 the State exercises control over the use of land and space in the Yangtze River Basin. The natural resources departments of the local people's governments at or above the county level in the Yangtze River Basin shall, in accordance with the land and space planning, exercise zoning and classified use control over the land and space of the Yangtze River Basin under their jurisdiction.
It shall comply with the requirements of land and space development planning in the Yangtze River Basin and obtain permission for the use of land and space in accordance with the law. The natural resources department of the people's government at or above the county level shall not apply for planning permission if it fails to meet the requirements for the control of land and space use.
Article 21 the water administrative department under the State Council shall coordinate the rational allocation, unified dispatching and efficient utilization of water resources in the Yangtze River Basin, and organize the implementation of the total control system of water intake and consumption intensity control and management system.
The competent department of ecological environment under the State Council shall, in accordance with the objectives for improving water environment quality and the requirements for water pollution prevention and control, determine the total emission control indicators of key pollutants in the provincial administrative regions of the Yangtze River Basin. For the water functional areas with water quality exceeding the standard in the Yangtze River Basin, stricter requirements for reduction of total pollutant discharge shall be implemented. Enterprises and institutions shall, in accordance with the requirements, take measures to control the total amount of pollutants discharged.
The competent natural resources department under the State Council shall be responsible for coordinating the total control and planning of the total amount of new construction land in the Yangtze River Basin.
Article 22 the people's governments at the provincial level of the Yangtze River Basin shall, in accordance with the ecological environment and resource utilization conditions of their respective administrative regions, formulate the plan for the control of the ecological environment zones and the list of access to the ecological environment, which shall be implemented after they are submitted to the competent department of ecological environment under the State Council for the record. The plan for the control of the ecological environment zones and the list of access to the ecological environment shall be linked with the land and space planning.
The industrial structure and layout of the Yangtze River Basin should be compatible with the ecological system and the carrying capacity of resources and environment in the Yangtze River Basin. It is forbidden to lay out the industries that have serious impact on the ecosystem in the key ecological functional areas of the Yangtze River Basin. Heavy pollution enterprises and projects are prohibited from transferring to the middle and upper reaches of the Yangtze River.
Article 23 The State shall strengthen the management of the development and utilization of water energy resources in the Yangtze River Basin. In order to build large and medium-sized hydropower projects in the Yangtze River Basin due to the national development strategy and the needs of the people's livelihood, scientific demonstration shall be obtained and submitted to the State Council or the department authorized by the State Council for approval.
If the small hydropower projects in the Yangtze River Basin do not meet the requirements of ecological protection, the local people's governments at or above the county level shall organize classified rectification or take measures to withdraw gradually.
Article 24 The State shall strictly protect the main stream and the source of important tributaries of the Yangtze River, establish natural reserves such as national parks and protect the national ecological security barrier.
Article 25 the water administrative department under the State Council shall strengthen the protection of river courses and lakes in the Yangtze River Basin. The local people's governments at or above the county level in the Yangtze River Basin are responsible for delimiting the scope of river and lake management, and shall make public announcement to the public, implement strict River and lake protection and prohibit illegal encroachment of river and lake waters.
Article 26 The State shall exercise special control over the river and lake shoreline of the Yangtze River Basin. The state Yangtze River Basin coordination mechanism shall coordinate the departments of natural resources, water administration, ecological environment, housing and urban and rural construction, agriculture and rural areas, transportation, forestry and grassland under the State Council and provincial people's Government of the Yangtze River basin to define the protection scope of river and lake shoreline, formulate River and lake shoreline protection plan, strictly control the development and construction of the coastline, and promote the rational and efficient utilization of the coastline.
It is forbidden to build or expand chemical parks and chemical projects within one kilometer of the Yangtze River main branch line.
It is forbidden to build, reconstruct or expand tailings pond within three kilometers of the main stream shoreline of the Yangtze River and one kilometer of the important tributary shoreline, except for the reconstruction aimed at improving the safety and ecological environment protection level.
Article 27 The competent department of transportation under the State Council, together with the competent department of natural resources, water administration, ecological environment, agriculture, rural, forestry and grassland under the State Council, shall scientifically delimit the navigation prohibited areas and restricted navigation areas in the important habitats of aquatic organisms in the Yangtze River Basin.
It is prohibited for ships to navigate in the designated area of no navigation. If navigation is prohibited in the navigation area of important aquatic organisms habitat due to the national development strategy and the needs of the people's livelihood, the competent department of transportation under the State Council shall consult with the agricultural and rural authorities under the State Council for approval, and shall take necessary measures to reduce the interference to important aquatic organisms.
The waterway regulation project shall be strictly restricted in the waters of ecological protection red line, natural reserve and important aquatic habitat in the Yangtze River Basin; if it is necessary to rectify, it shall be scientifically demonstrated and relevant procedures shall be handled in accordance with law.
Article 28 the State shall establish a system for planning and licensing sand mining for river courses in the Yangtze River Basin. The sand mining of river channels in the Yangtze River Basin shall obtain the permission of the relevant river basin administrative department of the water administrative department under the State Council or the water administrative department of the local people's government at or above the county level.
The relevant river basin administrative departments under the State Council and the local people's governments at or above the county level of the Yangtze River Basin shall, in accordance with law, define the areas and periods of prohibition of sand mining, and strictly control the sand mining areas, the total amount of sand and the number of sand collecting vessels in the sand mining areas. It is forbidden to engage in sand mining activities in the sand mining area and during the sand mining period in the Yangtze River Basin.
The water administration department under the State Council, together with the relevant departments under the State Council, shall organize the relevant local people's governments and relevant departments of the Yangtze River basin to carry out joint law enforcement work on illegal sand mining in the river channels of the Yangtze River Basin.
Chapter III resource protection
Article 29 the protection and utilization of water resources in the Yangtze River Basin shall, in accordance with the comprehensive planning of the basin, give priority to meeting the domestic water needs of urban and rural residents, ensuring the basic ecological water use, and coordinating the agricultural, industrial and shipping needs.
Article 30 the relevant river basin administrative agencies of the Department of water administration under the State Council shall, in consultation with the provincial people's Government of the Yangtze River Basin, formulate a plan for inter provincial river water distribution according to law, which shall be submitted to the State Council or the department authorized by the State Council for approval before implementation. The opinions of the relevant departments of the State Council shall be solicited for the formulation of the water allocation plan for the trans provincial rivers in the Yangtze River Basin. The water administrative department of the provincial people's Government of the Yangtze River Basin shall formulate the water allocation plan for the Yangtze River Basin in its own administrative region and submit it to the people's government at the corresponding level for approval before implementation.
According to the approved water allocation plan, the relevant river basin administrative agencies of the water administration department under the State Council or the water administration departments of the local people's governments at or above the county level in the Yangtze River Basin shall work out the annual water allocation plan and dispatching plan, and specify the control requirements for the flow and water level of relevant river sections and control sections.
Article 31 the state strengthens the guarantee of ecological water use in the Yangtze River Basin. The Department of water administration under the State Council, together with the relevant departments under the State Council, proposed the ecological flow control indicators for the control sections of the main stream, important tributaries and important lakes of the Yangtze River. Other ecological flow control indicators of rivers and lakes shall be determined by the water administrative departments of the local people's governments at or above the county level in the Yangtze River Basin in conjunction with the relevant departments of the people's governments at the same level.
The relevant river basin management agencies of the water administration department under the State Council shall incorporate the ecological water quantity into the annual water regulation plan, ensure the basic ecological water demand of rivers and lakes, guarantee the ecological flow during the dry season and fish spawning season, the water quantity and water level of important lakes, and ensure the balance of salt and fresh water in the Yangtze River Estuary.
For water conservancy and hydropower projects, navigation hubs and other projects in the main stream of the Yangtze River, important tributaries and upper reaches of important lakes, the regulation of ecological water use shall be incorporated into the daily operation regulation, and a conventional ecological regulation mechanism shall be established to ensure the ecological flow of rivers and lakes; if the discharge does not meet the requirements of ecological flow discharge, the water administrative department of the people's government at or above the county level shall put forward rectification measures and supervise the implementation.
Article 32 The relevant departments of the State Council and the local people's governments at all levels in the Yangtze River Basin should take measures to speed up the reinforcement of dangerous reservoirs, promote the construction of embankments and flood storage and detention areas, improve the standards of flood and waterlogging disaster prevention projects, strengthen the joint operation of water projects, carry out river sediment observation and river regime investigation, establish engineering and non engineering systems for flood control and disaster reduction in line with economic and social development, and improve the flood prevention and control efficiency The overall ability to resist floods and droughts.
Article 33 The State shall conduct scientific demonstration and strengthen control and management of water diversion across the Yangtze River Basin. In the implementation of water transfer across the Yangtze River Basin, priority should be given to ensuring the water use and ecological security of the transfer out area and its downstream area, and the water demand of the transfer out area and the transfer in area should be coordinated.
Article 34 The State shall strengthen the protection of drinking water sources in the Yangtze River Basin. The Department of water administration under the State Council shall, in conjunction with relevant departments under the State Council, formulate a list of drinking water sources in the Yangtze River Basin. The water administrative department of the provincial people's Government of the Yangtze River Basin shall, together with the relevant departments of the people's government at the corresponding level, formulate a list of other sources of drinking water in its administrative region.
The provincial people's Government of the Yangtze River Basin shall organize the designation of drinking water source protection zones, strengthen the protection of drinking water sources, and ensure the safety of drinking water.
Article 35 the local people's governments at or above the county level in the Yangtze River Basin and their relevant departments shall rationally arrange the intake of drinking water sources, formulate emergency plans for drinking water safety emergencies, strengthen the construction of standby emergency sources of drinking water, and conduct real-time monitoring on the water environmental quality of drinking water sources.
Article 36 the local people's government at or above the county level in the Danjiangkou reservoir area and its upstream area shall, in accordance with the management requirements of the safety guarantee zone, the water quality impact control zone and the ecological construction zone for water source conservation, strengthen the overall protection of mountains, rivers, forests, fields, lakes and grasses, enhance the capacity for water source conservation, and ensure that the water quality is stable and up to the standard.
Article 37 the state strengthens the protection of groundwater resources in the Yangtze River Basin. The local people's governments at or above the county level and their relevant departments in the Yangtze River Basin shall regularly investigate and assess the situation of groundwater resources, monitor the quantity, water level and water environment quality of groundwater, and take corresponding risk prevention measures to ensure the safety of groundwater resources.
Article 38 the Department of water administration under the State Council shall, in conjunction with the relevant departments under the State Council, set water use efficiency targets for agriculture and industry in the Yangtze River Basin, strengthen the construction of water use measurement and monitoring facilities, improve the water resources demonstration system for planning and construction projects, strengthen the management of water quota for high water consumption industries and key water users, and strictly control the construction of high water consumption projects.
Article 39 The State shall make overall plans for the construction of the system of nature reserves in the Yangtze River Basin. The State Council and the provincial people's Government of the Yangtze River Basin shall, in accordance with the law, establish national parks, nature reserves, nature parks and other nature reserves in the complete distribution areas of important typical ecosystems, ecological environment sensitive areas, natural concentrated distribution areas of precious wild animals and plants, important habitats and important natural heritage distribution areas of the Yangtze River Basin.
Article 40 The State Council and the provincial people's Government of the Yangtze River Basin shall, according to law, delimit public welfare forests in important ecological areas and ecologically fragile areas of the Yangtze River Basin, and implement strict management. The state strictly protects the natural forests in the Yangtze River Basin and scientifically delimits key areas for natural forest protection.
The local people's governments at or above the county level in the Yangtze River Basin shall strengthen the protection of grassland resources in the Yangtze River Basin, and strictly manage the basic grasslands that have special functions such as regulating climate, conserving water resources, conserving soil and water, preventing wind and fixing sand.
The competent department of forestry and grassland under the State Council and the competent department of forestry and grassland under the provincial people's Government of the Yangtze River Basin, together with the relevant departments of the people's government at the same level, shall, according to the needs of different ecological locations, ecosystem functions and biodiversity protection, issue the list and protection scope of the national and local important wetlands in the Yangtze River Basin, strengthen the protection and management of the wetlands in the Yangtze River Basin, and maintain the ecological environment Ecological function and biodiversity of wetland protection.
Article 41 the agricultural and rural competent department under the State Council, together with the relevant departments under the State Council and the provincial people's Government of the Yangtze River Basin, shall establish an evaluation system for the aquatic organism integrity index of the Yangtze River Basin, organize and carry out the evaluation of the aquatic biological integrity of the Yangtze River Basin, and take the results as an important basis for the evaluation of the overall ecological system in the long river current region. The aquatic organism integrity index of the Yangtze River Basin should be connected with the water environmental quality standard of the Yangtze River Basin.
Article 42 The competent agricultural and rural departments under the State Council and the local people's governments at or above the county level of the Yangtze River Basin shall formulate a plan for the protection of precious and endangered aquatic wildlife in the Yangtze River Basin, and shall implement key protection for the precious and endangered aquatic wildlife in the Yangtze River basin.
The State encourages qualified units to carry out studies on habitat characteristics and population dynamics of aquatic wild animals and plants such as jiangdolphin, Baiji, Acipenser, Chinese sturgeon, Yangtze River sturgeon, 鯮, 鲥, Sichuan white turtle, Sichuan Shaanxi zherot, carmine, special representative, Tongyu, polycrystalus, huadace, perch carp and gexianmi, arc algae, phylum, cauliflower and cauliflower in the Yangtze River Basin, and construct artificial breeding And science education base, organize and carry out aquatic life rescue.
It is forbidden to breed or release alien species or other non-native species germplasm resources in the open waters of the Yangtze River Basin.
Chapter IV Prevention and control of water pollution
Article 43 The competent department of ecological environment under the State Council and the local people's governments at all levels in the Yangtze River Basin shall take effective measures to strengthen the prevention, control and supervision of water pollution in the Yangtze River Basin, so as to prevent, control and reduce water environmental pollution.
Article 44 The competent department of ecological environment under the State Council shall be responsible for formulating the standards for water environment quality in the Yangtze River Basin, and may make supplementary provisions for items not specified in the national standards for water environment quality; and may make more stringent provisions for items already specified in the national standards for water environment quality. The opinions of the relevant departments of the State Council and the relevant provincial people's governments shall be solicited when formulating the water environment quality standards for the Yangtze River Basin. The provincial people's Government of the Yangtze River basin may formulate local water environment quality standards which are stricter than the water environment quality standards for the Yangtze River Basin and report them to the competent department of ecological environment under the State Council for the record.
Article 45 the provincial people's Government of the Yangtze River Basin shall supplement and formulate the local standards for the discharge of water pollutants for the characteristic industries and special pollutants that do not have the national standards for the discharge of water pollutants, or for the specific water pollution sources or water pollutants that the state clearly requires, and report them to the competent department of ecological environment under the State Council for the record.
Under any of the following circumstances, the provincial people's Government of the Yangtze River Basin shall formulate local water pollutant discharge standards which are stricter than the national water pollutant discharge standards and report them to the competent department of ecological environment under the State Council for the record:
(1) Industrial concentration and water environment problems are prominent;
(2) The existing discharge standards of water pollutants can not meet the water environment quality requirements of the Yangtze River Basin under its jurisdiction;
(3) The situation of water environment in a river basin or region is complex, and it is impossible to apply the unified discharge standard of water pollutants.
Article 46 the provincial people's Government of the Yangtze River Basin shall formulate and organize the implementation of the total phosphorus pollution control plan for its own administrative region. For the main and tributaries of the Yangtze River where phosphate rock and phosphate fertilizer production are concentrated, the relevant provincial people's governments should formulate more stringent requirements for the control of total phosphorus emissions, so as to effectively control the total amount of total phosphorus emissions.
Enterprises such as mining and processing of phosphate rock, manufacturing of phosphate fertilizer and pesticide containing phosphorus shall, in accordance with the requirements of pollutant discharge license, take effective measures to control the concentration and total amount of total phosphorus discharged, monitor the total phosphorus at the outlet and surrounding environment, and disclose the monitoring information according to law.
Article 47 the local people's governments at or above the county level in the Yangtze River Basin shall make overall plans for the construction of urban and rural centralized sewage treatment facilities and supporting pipe networks in the Yangtze River Basin, ensure their normal operation, and improve the capacity of urban and rural sewage collection and treatment.
The local people's governments at or above the county level in the Yangtze River Basin shall organize the investigation and rectification of the sewage outlets of rivers and lakes in their respective administrative areas, clarify the main body of responsibility, and implement classified management.
The establishment, reconstruction or expansion of sewage outlets in rivers and lakes of the Yangtze River Basin shall, in accordance with the relevant provisions of the state, be reported to the competent department of ecological environment with jurisdiction or the ecological environment supervision and administration institution of the Yangtze River Basin for approval. For the water function areas that fail to meet the water quality objectives, in addition to the sewage outlets of the centralized sewage treatment facilities, the new, rebuilt or expanded sewage outlets shall be strictly controlled.
Article 48 The State shall strengthen the prevention and control of agricultural non-point source pollution in the Yangtze River Basin. Agricultural production in the Yangtze River Basin should make scientific use of agricultural inputs, reduce the use of chemical fertilizers and pesticides, promote the use of organic fertilizers, and scientifically dispose of agricultural wastes such as agricultural films and crop straws.
Article 49 it is forbidden to dump, bury, pile up, discard or treat solid waste within the scope of administration of rivers and lakes in the Yangtze River Basin. Local people's governments at or above the county level in the Yangtze River Basin should strengthen joint prevention and control of illegal transfer and dumping of solid waste.
Article 50 the local people's governments at or above the county level in the Yangtze River Basin shall organize the investigation and assessment of the key sources of groundwater pollution such as waste landfills, gas stations, mines, tailing ponds, hazardous waste disposal sites, chemical industrial parks and chemical projects along the rivers and lakes, as well as the potential risks of the surrounding groundwater environment, and take corresponding risk prevention and control measures.
Article 51 The State shall establish a mechanism combining pollution liability insurance and financial guarantee for ships carrying dangerous goods in the Yangtze River Basin. The specific measures shall be formulated by the competent department of transportation under the State Council in conjunction with the relevant departments under the State Council.
It is forbidden to transport highly toxic chemicals on water in the Yangtze River Basin and other dangerous chemicals prohibited by the state from being transported by inland rivers. The transportation departments of the local people's governments at or above the county level in the Yangtze River Basin shall, together with the relevant departments of the people's governments at the same level, strengthen the control over the transportation of dangerous chemicals in the Yangtze River Basin.
Chapter V ecological environment restoration
Article 52 The State shall implement systematic management of the ecosystem of the Yangtze River Basin, with emphasis on natural restoration and a combination of natural restoration and artificial restoration. The Department in charge of natural resources under the State Council, together with the relevant departments under the State Council, formulates the ecological environment restoration plan for the Yangtze River Basin, organizes the implementation of major ecological environment restoration projects, and comprehensively promotes the ecological environment restoration work in the Yangtze River Basin.
Article 53 The State exercises strict fishing control over the key waters of the Yangtze River Basin. Productive fishing is prohibited in the aquatic life reserve of the Yangtze River Basin; within the time limit prescribed by the state, productive fishing of natural fishery resources is prohibited in the main stream and important tributaries of the Yangtze River, large-scale lakes and the designated areas of the Yangtze River Estuary. The specific measures shall be formulated by the Department in charge of agriculture and rural areas under the State Council in conjunction with the relevant departments under the State Council.
The competent agricultural and rural Department of the State Council, together with the relevant departments of the State Council and the provincial people's Government of the Yangtze River Basin, has strengthened the law enforcement work of banning fishing in the Yangtze River Basin and severely investigated and dealt with fishing activities that damage fishery resources and ecological environment, such as electric fish, poisonous fish and fried fish.
The local people's governments at or above the county level in the Yangtze River Basin shall, in accordance with the relevant provisions of the state, do a good job in the compensation, transfer of production and social security of fishermen returning to fishing in the key waters of the Yangtze River Basin.
The administrative measures for the prohibition and restriction of fishing in other waters of the Yangtze River Basin shall be formulated by the local people's governments at or above the county level.
Article 54 The Department of water administration under the State Council, together with the relevant departments under the State Council, formulates and organizes the implementation of schemes for the restoration of river lake water system connectivity in the main stream and important tributaries of the Yangtze River. The provincial people's Government of the Yangtze River Basin formulates and organizes the implementation of schemes for the restoration of river lake water system connectivity in its own administrative region, so as to gradually improve the river lake connectivity in the Yangtze River Basin, restore the ecological flow of rivers and lakes, and maintain the ecological environment of rivers and lakes State function.
Article 55 the state coordination mechanism for the Yangtze River Basin shall, as a whole, coordinate the departments of natural resources, water administration, ecological environment, housing and urban-rural construction, agriculture and rural areas, transportation, forestry and grassland under the State Council and the provincial people's governments of the Yangtze River Basin in formulating the norms for the restoration of the river and lake shorelines in the Yangtze River Basin and determining the indexes for the restoration of the shorelines.
The local people's governments at or above the county level in the Yangtze River Basin shall, in accordance with the protection planning, restoration specifications and index requirements of the river and lake shoreline in the Yangtze River Basin, formulate and organize the implementation of the river and lake shoreline restoration plan, ensure the proportion of natural shoreline and restore the ecological functions of the river and lake shoreline.
Illegal use or occupation of the shorelines of rivers and lakes in the Yangtze River Basin is prohibited.
Article 56 The relevant departments of the State Council, together with the relevant provincial people's governments in the Yangtze River Basin, should strengthen the protection and restoration of the ecological environment in the Three Gorges Reservoir area, Danjiangkou reservoir area and other key water level fluctuating areas, implement the policy of returning farmland to forest, grass and humidity according to local conditions, prohibit the application of chemical fertilizers and pesticides, scientifically regulate the water level of the reservoir area, strengthen the water and soil conservation and geological disaster prevention and control, and ensure the good ecological function of the water level fluctuating areas .
Article 57 The competent forestry and grassland departments of the local people's governments at or above the county level in the Yangtze River Basin shall be responsible for organizing the implementation of the plan for the restoration of forests, grasslands and wetlands in the Yangtze River Basin, scientifically promoting the restoration of forests, grasslands and wetlands, and strengthening the restoration of degraded natural forests, grasslands and damaged wetlands.
Article 58 The State shall increase its support for the restoration of the ecological environment of Taihu Lake, Poyang Lake, Dongting Lake, Chaohu Lake, Dianchi Lake and other key lakes.
The local people's governments at or above the county level in the Yangtze River Basin shall organize and carry out the ecological environment restoration of eutrophic lakes, and take comprehensive measures such as adjusting the scale of industrial layout, implementing the unified dispatching of controlled water projects, ecological water supply, river lake connection, etc., to improve and restore the quality and function of lake ecosystem; for lakes with serious nitrogen and phosphorus concentrations exceeding the standard, they shall pay attention to the catchment areas that affect the water quality of lakes In addition, measures should be taken to reduce the amount of chemical fertilizer, prohibit the use of phosphorus containing detergent, and comprehensively clean up the feeding and fertilizing culture.
Article 59 The competent department of forestry, grassland, agriculture and rural areas under the State Council shall work out restoration plans and action plans for the wild animals and plants in the Yangtze River basin that are rapidly declining in number or extremely endangered, as well as the seriously damaged habitats, natural concentrated distribution areas and fragmented typical ecosystems, repair ex situ protection facilities, establish gene banks of wild animals and plants genetic resources, and carry out rescue restoration.
Ecological environment restoration and other protection measures should be implemented in the important habitats of aquatic organisms such as spawning grounds, feeding grounds, wintering grounds and migration channels in the Yangtze River Basin. For the wading projects that obstruct the migration of aquatic organisms such as fish, various measures should be taken to fully meet the ecological needs of aquatic organisms, such as the construction of fish crossing facilities, river lake connection, ecological regulation, irrigation of the river for seedlings, gene preservation, proliferation and release, artificial breeding, etc.
Article 60 The Department of water administration under the State Council, together with the relevant departments under the State Council and the people's Government of the place where the Yangtze River estuary is located, shall, in accordance with the requirements of land sea coordination and river sea interaction, formulate and implement plans for ecological environment restoration and other protection measures in the Yangtze River Estuary, strengthen the comprehensive monitoring of water, sand, salt, tidal flat and biological species, take effective measures to prevent seawater intrusion and backflow, and maintain the sound environment of the Yangtze River Estuary Ecological function.
Article 61 the local people's governments at or above the county level in the key prevention and control areas of soil erosion in the Yangtze River Basin shall take measures to prevent and control soil erosion. The soil and water loss plots within the red line of ecological protection mainly focus on natural restoration, and the farmland shall be returned to forest, grass and humidity in a planned way according to the regulations; the permanent basic farmland which is included in the core protection area of the nature reserve shall be withdrawn in an orderly manner according to the law and be supplemented.
It is forbidden to carry out production and construction activities that may cause soil erosion in areas with serious soil erosion and fragile ecology in the Yangtze River Basin. If it really needs to be built because of the national development strategy and the needs of the national economy and the people's livelihood, it shall be scientifically demonstrated and go through the examination and approval procedures in accordance with the law.
The local people's governments at or above the county level in the Yangtze River Basin should take comprehensive measures to control the rocky desertification land according to local conditions, repair the ecosystem and prevent the spread of rocky desertification.
Article 62 the local people's governments at or above the county level in the Yangtze River Basin shall, in light of local conditions, take measures such as eliminating hidden dangers of geological disasters, land reclamation, vegetation restoration, prevention and control of pollution, speed up the ecological environment restoration of mines left over from history, strengthen the supervision and management of Mines under construction and in operation, and urge the mining right holders to earnestly fulfill their responsibilities of mine pollution prevention and control and ecological environment restoration.
Article 63 the local people's governments at or above the county level in the middle and lower reaches of the Yangtze River Basin shall, in line with local conditions, support the implementation of ecological environment restoration and other protection measures in the source and upper reaches of the Yangtze River Basin in terms of projects, funds, talents and management, so as to enhance the ability of the ecologically fragile areas of the Yangtze River basin to implement ecological environment restoration and other protection measures.
In accordance with the principles of policy support, participation of enterprises and society, and market-oriented operation, the State encourages social capital to invest in the restoration of the ecological environment in the Yangtze River Basin.
Chapter six green development
Article 64 the relevant departments of the State Council and the local people's governments at all levels in the Yangtze River Basin shall, in accordance with the requirements of the development plan and the land and space plan for the Yangtze River Basin, adjust the industrial structure, optimize the industrial layout and promote the green development of the Yangtze River basin.
Article 65 the State Council, the local people's governments at all levels in the Yangtze River Basin and their relevant departments shall jointly promote the implementation of the Rural Revitalization Strategy and the new urbanization strategy, coordinate the construction of urban and rural infrastructure and industrial development, establish and improve the basic public service system with universal coverage, inclusive sharing and urban-rural integration, and promote the integrated development of urban and rural areas in the Yangtze River Basin.
Article 66 the local people's governments at or above the county level in the Yangtze River Basin shall promote the upgrading and transformation of iron and steel, petroleum, chemical, non-ferrous metals, building materials, shipbuilding and other industries, upgrade the level of technical equipment, and promote the clean transformation of papermaking, tanning, electroplating, printing and dyeing, non-ferrous metals, pesticides, nitrogen fertilizer, coking, API manufacturing and other enterprises. Enterprises should reduce resource consumption and pollutant emission through technological innovation.
Local people's governments at or above the county level in the Yangtze River Basin shall take measures to speed up the relocation and transformation of hazardous chemical production enterprises in key areas.
Article 67 the relevant departments of the State Council shall, together with the provincial people's governments of the Yangtze River Basin, establish an assessment mechanism for the green development of development zones, and organize regular assessment of the conservation and intensive utilization of resources and energy and the protection of ecological environment in various development zones.
The local people's governments at or above the county level in the Yangtze River Basin shall optimize and adjust the industrial products and energy conservation and emission reduction measures of the development zones according to the evaluation results.
Article 68 The State encourages and supports the implementation of water-saving technological transformation in key industries and water users in the Yangtze River basin to improve the efficiency of water resources utilization.
Local people's governments at or above the county level in the Yangtze River Basin should strengthen the construction of water-saving cities and water-saving parks, promote the development of water-saving industries and enterprises, and speed up the construction of sponge cities with natural rainwater accumulation, infiltration and purification.
Article 69 the local people's governments at or above the county level in the Yangtze River Basin shall, in accordance with the requirements of green development, make overall planning, construction and management, improve the quality of urban and rural human settlements, and build beautiful towns and villages.
The local people's governments at or above the county level in the Yangtze River Basin shall, in accordance with the principles of ecology, environmental protection, economy and practicality, organize and implement toilet renovation according to local conditions.
The relevant departments of the State Council and the local people's governments at or above the county level in the Yangtze River Basin and their relevant departments shall strengthen the management of the use of building materials in new urban areas and various development zones, encourage the use of building materials with energy-saving, environmental friendly and high performance, and construct underground utility corridors and pipe networks.
The local people's governments at or above the county level in the Yangtze River Basin shall build an information platform for the comprehensive utilization of waste earth and rock residues, strengthen the management of the collection, transportation and centralized stacking of waste earth and rock residues from production and construction activities, and encourage the comprehensive utilization.
Article 70 the local people's governments at or above the county level in the Yangtze River Basin shall work out and organize the implementation of plans for aquaculture waters and tidal flats, reasonably delimit prohibited, restricted and aquaculture areas, scientifically determine the scale and density of aquaculture, strengthen the management of aquaculture inputs, and guide and regulate aquaculture and proliferation activities.
Article 71 the state strengthens the construction of the comprehensive three-dimensional transportation system in the Yangtze River Basin, improves the port, waterway and other water transport infrastructure, promotes the interconnection of transportation facilities, realizes the organic connection between land and water and the direct river sea transport, and improves the function of the golden waterway of the Yangtze River.
Article 72 the local people's governments at or above the county level in the Yangtze River Basin shall make overall plans for the construction of facilities for receiving and transferring pollutants from ships and filling stations for liquefied natural gas from ships, formulate plans for the construction and renovation of port shore power facilities and ship power receiving facilities, and organize their implementation. Ships that are qualified to use shore power when berthing shall use shore power in accordance with the relevant provisions of the state, except those that use clean energy.
Article 73 The State Council and the local people's governments at or above the county level in the Yangtze River Basin shall provide financial support or policy support in accordance with regulations for the upgrading and reconstruction of ports, navigation channels and ships in the Yangtze River Basin, the construction of clean energy or new energy powered ships such as liquefied natural gas powered ships, and the green design of ports.
The State Council and the local people's governments at or above the county level in the Yangtze River Basin shall, in accordance with relevant regulations, give financial subsidies, preferential electricity prices and other policy support to the transformation and use of port shore power facilities and ship power receiving facilities in the Yangtze River Basin.
Article 74 the local people's governments at all levels in the Yangtze River Basin shall strengthen publicity and education on green consumption of urban and rural residents, and take effective measures to support and guide green consumption of residents.
Local people's governments at all levels in the Yangtze River Basin, in accordance with the principles of systematic promotion, extensive participation, highlighting key points and implementing policies by categories, have taken measures such as reclaiming deposits, limiting the use of easily polluting and non degradable plastic products, green design, and developing public transportation, and advocated a simple, moderate, green and low-carbon lifestyle.