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Administrative Provisions on the Completion-based Check and Acceptance of Water and Soil Conservancy Facilities of Development and Construction Projects [Expired]
开发建设项目水土保持设施验收管理办法(2005修改) [失效]
【法宝引证码】

 
Administrative Provisions on the Completion-based Check and Acceptance of Water and Soil Conservancy Facilities of Development and Construction Projects 

开发建设项目水土保持设施验收管理办法


(Promulgated by Order No.16 of the Ministry of Water Resources on October 14, 2002 and amended according to the Decision of the Ministry of Water Resources on Amending Some Administrative Licensing Rules for Water Conservancy on July 8, 2005)
 
(2002年10月14日水利部令第16号公布 根据2005年7月8日水利部令第24号《水利部关于修改部分水利行政许可规章的决定》修改 自公布之日起施行)


 
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.   第一条 为加强开发建设项目水土保持设施的验收工作,根据《中华人民共和国水土保持法》及其实施条例,制定本办法。

 
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.   第二条 本办法适用于编制水土保持方案报告书的开发建设项目水土保持设施的验收。

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.
 
编制水土保持方案报告表的开发建设项目水土保持设施的验收,可以参照本办法执行。

 
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.   第三条 开发建设项目所在地的县级以上地方人民政府水行政主管部门,应当定期对水土保持方案实施情况和水土保持设施运行情况进行监督检查。

 
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.   第四条 开发建设项目水土保持设施经验收合格后,该项目方可正式投入生产或者使用。

 
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.   第五条 县级以上人民政府水行政主管部门或者其委托的机构,负责开发建设项目水土保持设施验收工作的组织实施和监督管理。

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.
 
县级以上人民政府水行政主管部门按照开发建设项目水土保持方案的审批权限,负责项目的水土保持设施的验收工作。

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.
 
县级以上地方人民政府水行政主管部门组织完成的水土保持设施验收材料,应当报上一级人民政府水行政主管部门备案。

 
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.   第六条 水土保持设施验收的范围应当与批准的水土保持方案及批复文件一致。

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.
 
水土保持设施验收工作的主要内容为:检查水土保持设施是否符合设计要求、施工质量、投资使用和管理维护责任落实情况,评价防治水土流失效果,对存在问题提出处理意见等。

 
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:   第七条 水土保持设施符合下列条件的,方可确定为验收合格:

 
(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; (一)开发建设项目水土保持方案审批手续完备,水土保持工程设计、施工、监理、财务支出、水土流失监测报告等资料齐全;

 
(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; (二)水土保持设施按批准的水土保持方案报告书和设计文件的要求建成,符合主体工程和水土保持的要求;

 
(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 (三)治理程度、拦渣率、植被恢复率、水土流失控制量等指标达到了批准的水土保持方案和批复文件的要求及国家和地方的有关技术标准;

 
(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. (四)水土保持设施具备正常运行条件,且能持续、安全、有效运转,符合交付使用要求。水土保持设施的管理、维护措施落实。

 
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.   第八条 在开发建设项目土建工程完成后,应当及时开展水土保持设施的验收工作。建设单位应当会同水土保持方案编制单位,依据批复的水土保持方案报告书、设计文件的内容和工程量,对水土保持设施完成情况进行检查,编制水土保持方案实施工作总结报告和水土保持设施竣工验收技术报告(编制提纲见附件)。对于符合本办法第七条所列验收合格条件的,方可向审批该水土保持方案的机关提出水土保持设施验收申请。

 
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.   第九条 国务院水行政主管部门负责验收的开发建设项目,应当先进行技术评估。

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.
 
省级水行政主管部门负责验收的开发建设项目,可以根据具体情况参照前款规定执行。

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.
 
地、县级水行政主管部门负责验收的开发建设项目,可以直接进行竣工验收。

 
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.   第十条 技术评估,由具有水土保持生态建设咨询评估资质的机构承担。

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.
 
承担技术评估的机构,应当组织水土保持、水工、植物、财务经济等方面的专家,依据批准的水土保持方案、批复文件和水土保持验收规程规范对水土保持设施进行评估,并提交评估报告。

 
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.
......
   第十一条 县级以上人民政府水行政主管部门在受理验收申请后,应当组织有关单位的代表和专家成立验收组,依据验收申请、有关成果和资料,检查建设现场,提出验收意见。其中,对依照本办法第九条规定,需要先进行技术评估的开发建设项目,建设单位在提交验收申请时,应当同时附上技术评估报告。
......

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