The Yangtze River Protection Law of the People's Republic of China

by Standing Committee of the Thirteenth National People's Congress

The Yangtze River Protection Law of the People's Republic of China 

(Adopted at the 24th Meeting of the Standing Committee of the Thirteenth National People's Congress on December 26, 2020)

Chapter I
General Provisions

Article 1 

This Law is formulated in order to strengthen ecological and environmental protection and restoration in the Yangtze River basin, facilitate the rational and effective use of resources, safeguard ecological security, ensure harmony between humans and nature, and achieve the sustainable development of the Chinese nation.

Article 2 

This Law applies to ecological and environmental protection and restoration, production and lives as well as development and construction activities in the Yangtze River basin.

The Yangtze River basin referred to in this Law covers Qinghai Province, Sichuan Province, the Tibet Autonomous Region, Yunnan Province, Chongqing, Hubei Province, Hunan Province, Jiangxi Province, Anhui Province, Jiangsu Province, and Shanghai in the catchment area formed by the main stream, tributaries and lakes of the Yangtze River and related county-level administrative areas of Gansu Province, Shaanxi Province, Henan Province, Guizhou Province, the Guangxi Zhuang Autonomous Region, Guangdong Province, Zhejiang Province, and Fujian Province.

Article 3 

In pursuing economic and social development in the Yangtze River basin, high priority shall be given to ecological conservation and green development, and everyone involved shall work together on protection but not on excessive development. Yangtze River protection shall adhere to the principles of overall coordination, well-conceived planning, making innovation the driver, and systemic governance.

Article 4 

The State establishes a coordination mechanism for the Yangtze River basin to provide unified guidance and overall coordination for Yangtze River protection, review major Yangtze River protection policies and plans, coordinate major issues across regions and departments, and supervise and inspect important work on Yangtze River protection.

Article 5 

Relevant departments under the State Council and the provincial-level people's governments in the Yangtze River basin shall implement the decisions of the National Yangtze River Basin Coordination Mechanism, and work on Yangtze River protection in accordance with the division of responsibilities.

All local people's governments in the Yangtze River basin shall protect and restore the ecology and environment in their respective administrative areas, promote the rational and efficient use of resources, improve the industrial structure and layout, and maintain ecological security in the Yangtze River basin.

All river and lake chiefs in the Yangtze River basin are responsible for Yangtze River protection work.

Article 6 

Localities related to the Yangtze River basin shall, based on their needs, establish coordination mechanisms for the formulation of local regulations and government rules, local plans, and supervision and law enforcement, to coordinate ecological and environmental protection and restoration in the Yangtze River basin.

Article 7 

Departments of ecology and environment, natural resources, water resources, agriculture and rural affairs, and standardization under the State Council shall, in accordance with the division of responsibilities, establish sound standards for water environment quality, pollutant discharge, environmental restoration, water resources conservation and intensive use, ecological flow, biodiversity protection, aquaculture, and disaster prevention and mitigation.

Article 8 

The department of natural resources under the State Council, together with other relevant departments under the State Council, shall regularly organize surveys of natural resources such as land, minerals, water flows, forests, grasslands, wetlands in the Yangtze River basin, establish a resource database, evaluate resource and environmental carrying capacity, and keep the public abreast of the natural resources status of the Yangtze River basin.

The wildlife protection department under the State Council shall organize a general survey of wildlife and their habitats every ten years, or organize special surveys as needed, establish wildlife resource files, and keep the public abreast of the wildlife resources status in the Yangtze River basin.

The departments of agricultural and rural affairs of the local people's governments at or above the county level in the Yangtze River basin, together with relevant departments of the people's governments at the same level, conduct biodiversity surveys on important habitats such as spawning grounds, feeding grounds, overwintering grounds, and migration channels for aquatic organisms.

Article 9 

The National Yangtze River Basin Coordination Mechanism shall coordinate relevant departments under the State Council to improve the monitoring networks and monitoring information sharing mechanisms for the ecology and environment, resources, hydrology, meteorology, shipping, and natural disasters in the Yangtze River basin on the basis of existing stations and monitoring projects.

Relevant departments under the State Council, the local people's governments at or above the county level in the Yangtze River basin and their relevant departments shall see to it that the ecological and environmental risk report and early warning mechanisms are improved in accordance with the division of responsibilities.

Article 10 

The department of ecology and environment under the State Council shall, in conjunction with relevant departments under the State Council and the provincial-level people's governments in the Yangtze River basin, establish a sound joint ecological and environmental emergency response mechanism for the Yangtze River basin as part of the national emergency response system, to strengthen the emergency management of the sudden ecological and environmental incidents in vessels, ports, mines, chemical plants, and tailings ponds in the Yangtze River basin.

Article 11 

The State shall strengthen the monitoring, forecasting, early warning, prevention, emergency response, and recovery and reconstruction systems for floods, droughts, forest and grassland fires, geological disasters, and earthquakes in the Yangtze River basin, and to enhance disaster prevention, mitigation, resilience and relief capabilities.

Article 12 

The National Yangtze River Basin Coordination Mechanism shall establish an expert advisory committee to organize professional institutions and personnel to conduct scientific and technological consultation on major development strategies, policies, and plans in the Yangtze River basin.

Relevant departments under the State Council, the provincial-level people's governments in the Yangtze River basin and their relevant departments shall, in accordance with the division of responsibilities, organize third-party assessment, analysis, and validation of the impact on the Yangtze River basin's ecosystems by construction projects, plans for important infrastructure and industrial layout.

Article 13 

The National Yangtze River Basin Coordination Mechanism shall coordinate the efforts of relevant departments under the State Council and the provincial-level people's governments in the Yangtze River basin to establish a sound Yangtze River basin information sharing system. Relevant departments under the State Council, the provincial-level people's governments in the Yangtze River basin and their relevant departments shall share information on the ecology and environment, natural resources, management and law enforcement in the Yangtze River basin in accordance with regulations.

Article 14

Relevant departments under the State Council, the local people's governments at or above the county level in the Yangtze River basin and their relevant departments shall strengthen the publicity and education on ecological and environmental protection and green development in the Yangtze River basin.

The news media shall carry out various forms of publicity and education on ecological and environmental protection and green development in the Yangtze River basin, and conduct public opinion supervision on illegal activities in accordance with the law.

Article 15 

Relevant departments under the State Council, 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 historical and cultural cities, towns and villages, strengthen the protection of cultural heritage, and inherit and promote the unique, outstanding culture in the Yangtze River basin.

Article 16 

The State encourages and supports organizations and individuals to help protect and restore the ecology and environment, rationally use resources, and promote green development in the Yangtze River basin.

For organizations and individuals that have made outstanding contributions to Yangtze River protection, the people's governments at or above the county level and their relevant departments shall commend and reward them in accordance with relevant national regulations.

Chapter II
Planning and Control

Article 17 

The State establishes a planning system for the Yangtze River basin that is guided by the national development plan, based on spatial plans, and supported by special and regional plans, and gives full play to the leading and guiding role of planning to promote ecological and environmental protection and green development in 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 Yangtze River protection into economic and social development plans.

The development and reform department under the State Council shall, in conjunction with relevant departments under the State Council, formulate a development plan for the Yangtze River basin to coordinate the ecological and environmental protection and green development of the upper and lower reaches, left and right banks, and the main stream and tributaries of the Yangtze River basin with a scientific approach, and implement it with the approval of the State Council.

Plans for the water resources and ecological and environmental protection in the Yangtze River basin shall be prepared in accordance with relevant laws and administrative regulations.

Article 19 

The department of natural resources under the State Council shall, in conjunction with relevant departments under the State Council, organize the preparation of land and space plans for the Yangtze River basin to make scientific and orderly overall arrangements for ecological, agricultural, urban and other functional spaces in the Yangtze River basin, delimit ecological protection redlines, permanent basic farmland, and urban development boundaries, improve the land and space structure and layout, and tale overall control of the land and space utilization tasks in the Yangtze River basin; and it shall implement these plans with the approval of the State Council. Special plans involving the use of land and space in the Yangtze River basin shall be coordinated with the land and space plan in the Yangtze River basin.

The local people's governments at or above the county level in the Yangtze River basin shall organize the preparation of the land and space plans of their respective administrative areas, and implement them after they are approved 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 plans, implement zoning and classified use control over the land and space in the Yangtze River basin under their respective jurisdiction.

Land and space development and utilization activities in the Yangtze River basin shall comply with the requirements for land and space use control, and planning permission shall be obtained in accordance with the law. The natural resources departments of the people's governments at or above the county level shall not issue planning permits to projects that do not meet the requirements for land and space use control.

Article 21 

The water resources department under the State Council shall coordinate the rational allocation, unified scheduling, and efficient utilization of water resources in the Yangtze River basin, and organize the implementation of a management system for total water withdrawal control and consumption intensity control.

The department of ecology and environment under the State Council shall determine the total discharge control index of key pollutants in each provincial-level administrative region of the Yangtze River basin in accordance with the water environment quality improvement goals and water pollution prevention requirements. The water function areas in the Yangtze River basin whose water quality exceeds the standard shall implement stricter requirements for reducing total pollutant discharge. Enterprises and public institutions shall, in accordance with requirements, take measures to control their total discharge of pollutants.

The department of natural resources under the State Council is responsible for the overall control and planning of the total amount of new land for construction purposes in the Yangtze River basin.

Article 22 

The provincial-level people's governments in the Yangtze River basin shall, based on the ecology and environment and resource utilization status of their respective administrative areas, prepare ecological and environmental zoning control plans and ecological and environmental access lists, and implement them after reporting to the department of ecology and environment under the State Council for the record. Ecological and environmental zoning control plans and ecological and environmental access lists shall be coordinated with land and space plans.

The industrial structure and layout of the Yangtze River basin shall be adapted to the carrying capacity of the Yangtze River basin's ecosystems, resources, and environment. It is forbidden to lay out industries that have a serious impact on the ecosystems in key ecological function zones in the Yangtze River basin. The transfer of heavily polluting enterprises and projects to the upper and middle reaches of the Yangtze River is prohibited.

Article 23 

The State shall strengthen the management of the development and utilization of hydropower resources in the Yangtze River basin. Where new large and medium-sized hydropower projects need to be constructed in the Yangtze River basin in accordance with the national development strategy to meet the needs of the economy and people's livelihood, they shall be scientifically demonstrated and submitted to the State Council or the department authorized by the State Council for approval.

Where small hydropower projects have been built in the Yangtze River basin that do not meet the requirements for ecological protection, the local people's governments at or above the county level shall organize classified rectification or take measures to phase them out.

Article 24 

The State strictly protects the sources of the main stream and major tributaries of the Yangtze River, and establishes national parks and other natural reserves to protect the national ecological security barrier.

Article 25 

The water resources department under the State Council shall strengthen the protection of rivers and lakes in the Yangtze River basin. The local people's governments at or above the county level in the Yangtze River basin shall delimit the management scope of rivers and lakes, and publicize it to implement strict protection of rivers and lakes and prohibit illegal occupation of rivers and lakes.

Article 26 

The State implements special control over the shorelines of rivers and lakes in the Yangtze River basin. The National Yangtze River Basin Coordination Mechanism coordinates the efforts of the departments of natural resources, water resources, ecology and environment, housing and urban-rural development, agriculture and rural affairs, transport, and forestry and grassland under the State Council and the provincial-level people's governments in the Yangtze River basin to delineate the protection scope of river and lake shorelines and formulate the river and lake shoreline protection plan, in order to strictly control development and construction in the shorelines and promote the rational and efficient utilization of the shorelines.

It is forbidden to construct or expand chemical parks and chemical projects within one kilometer of the shorelines of the Yangtze River's main stream and tributaries.

It is forbidden to build, rebuild, or expand tailings ponds within three kilometers of the shoreline of the Yangtze River's main stream and within one kilometer of the shorelines of important tributaries; except for reconstruction for the purpose of improving safety and ecological and environmental protection.

Article 27 

The department of transport under the State Council shall, together with its departments of natural resources, water resources, ecology and environment, agriculture and rural affairs, and forestry and grassland, shall scientifically delineate no-navigation areas and restricted navigation areas in the important habitats of aquatic organisms in the Yangtze River basin.

Ships are prohibited from navigating within the designated no-navigation areas. Where navigation needs to be carried out in no-navigation areas in important habitats of aquatic organisms in accordance with the national development strategy to meet the needs of the economy and people's livelihood, it shall be agreed by the department of transport under the State Council in consultation with the department of agriculture and rural affairs under the State Council, and necessary measures shall be taken to reduce interference with important aquatic organisms.

Waterway improvement projects are strictly restricted in the ecological protection redlines, natural reserves, and important habitats for aquatic organisms in the Yangtze River basin. Where improvement is really necessary, it shall be scientifically demonstrated and relevant procedures shall be completed in accordance with the law.

Article 28 

The State establishes a sand mining planning and permit system for the Yangtze River basin. To mine sand in the rivers of the Yangtze River basin, permission is required from relevant river basin management agencies of the water resources department under the State Council or the water resources departments of the local people's governments at or above the county level.

Relevant river basin management agencies of the water resources department under the State Council and the local people's governments at or above the county level in the Yangtze River basin shall delineate no-sand-mining areas and periods, and strictly control sand mining areas, the total amount of sand mined, and the number of sand mining vessels in sand mining areas. It is prohibited to mine sand in no-sand-mining areas and periods in the Yangtze River basin.

The water resources department under the State Council shall, in conjunction with relevant departments under the State Council, organize relevant local people's governments in the Yangtze River basin and their relevant departments to carry out joint law enforcement work on illegal sand mining in rivers in 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 river basin, give high priority to satisfying urban and rural residents' needs for domestic water use, guarantee basic ecological water use, and coordinate the needs of agriculture, industry, and shipping for water.

Article 30 

Relevant river basin management agencies of the water resources department under the State Council shall consult with the provincial-level people's governments in the Yangtze River basin to formulate the water distribution plan for inter-provincial rivers in accordance with the law, and report to the State Council or a department authorized by the State Council for approval before implementation. To formulate a water distribution plan for inter-provincial rivers in the Yangtze River basin, the opinions of relevant departments under the State Council shall be sought. The water resources departments of the provincial-level people's governments in the Yangtze River basin shall formulate the water distribution plans for the Yangtze River basin in their respective administrative areas, and report them to the people's governments at the same level for approval before implementation.

Relevant river basin management agencies of the water resources department under the State Council or the water resources departments of the local people's governments at or above the county level in the Yangtze River basin shall prepare annual water distribution plans and allocation plans based on the approved water distribution plans mentioned above, clarify the requirements for the control of the flow rate, water volume, and water level of relevant river sections and control sections.

 

Article 31 

The State shall strengthen the protection of ecological water use in the Yangtze River basin. The water resources department under the State Council shall, in conjunction with relevant departments under the State Council, determine ecological flow control indicators for the Yangtze River's main stream, major tributaries and important lake sections. Other river and lake ecological flow control indicators shall be determined by the water resources departments of the local people's governments at or above the county level in the Yangtze River basin in conjunction with relevant departments of the people's governments at the same level.

Relevant river basin management agencies of the water resources department under the State Council shall include the ecological water volume in the annual water volume allocation plan to meet the basic ecological water demand of rivers and lakes, ensure the ecological flow during the dry season and fish spawning period, the water volume and water level of important lakes, and maintain a balance in salt water and fresh water in the Yangtze River estuary.

The water conservancy, hydropower, and shipping hub projects on the main stream and major tributaries of the Yangtze River, and the upper reaches of important lakes in the Yangtze River basin shall incorporate ecological water allocation into daily operation and allocation procedures, and establish a regular ecological allocation mechanism to ensure the ecological flow of rivers and lakes. Where the discharge flow does not meet the requirements of ecological flow discharge, the water resources departments of the people's governments at or above the county level shall determine corrective measures and supervises their implementation.

 

Article 32 

Relevant departments under the State Council and all local people's governments in the Yangtze River basin shall take measures to accelerate the reinforcement of dilapidated reservoirs, advance the construction of dikes and flood storage areas, raise the standards of flood prevention projects, strengthen the joint scheduling of water projects, and carry out river sediment observations and river regime surveys, establish flood prevention and disaster mitigation engineering and non-engineering systems that are compatible with economic and social development, and improve the overall ability to prevent floods and droughts.

 

Article 33 

The State shall conduct scientific demonstrations on and strengthen control and administration over the transfer of water from the Yangtze River basin to other parts of China. In such water transfers, high priority shall be given to ensuring the water security and ecological security of the donor area and its downstream areas, and overall planning shall be made for the water need of the donor area and the recipient area.

 

Article 34 

The State shall strengthen the protection of drinking water sources in the Yangtze River basin. The water resources department under the State Council shall, in conjunction with relevant departments under the State Council, formulate a directory of drinking water sources in the Yangtze River basin. The water resources departments of the provincial-level people's governments in the Yangtze River basin shall, in conjunction with relevant departments of the people's governments at the same level, formulate lists of other drinking water sources in their respective administrative areas.

The provincial-level people's governments in the Yangtze River basin shall organize the delimiting of drinking water source protection areas, 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 drinking water source intakes, formulate emergency response plans for drinking water safety emergencies, strengthen the construction of backup emergency drinking water sources, and conduct real-time monitoring of the water environment quality of drinking water sources.

 

Article 36 

The local people's governments at the county level or above in the Danjiangkou Reservoir Area and its upstream areas shall, in accordance with the administrative requirements of areas to guarantee safe drinking water sources, water quality control areas, and ecological development areas for water conservation, strengthen the overall protection of mountains, rivers, forests, farmlands, lakes, and grasslands, and enhance water resource conservation capacity, and ensure water quality is stable and up to standards.

 

Article 37 

The State shall strengthen the protection of groundwater resources in the Yangtze River basin. The local people's governments at or above the county level in the Yangtze River basin and their relevant departments shall regularly survey and assess groundwater resources, monitor groundwater volume, level, and quality, and take corresponding risk prevention measures to ensure the safety of groundwater resources.

 

Article 38 

The water resources department under the State Council shall, in conjunction with relevant departments under the State Council, determine the agricultural and industrial water efficiency targets in the Yangtze River basin, strengthen the construction of water metering and monitoring facilities, improve the water resource evaluation system for planning and construction projects, strengthen the water quota management of water-consuming industries and key water-using organizations, and strictly control the construction of high-water-consuming projects.

 

Article 39 

The State shall coordinate the construction of the natural reserve system in the Yangtze River basin. The State Council and the provincial-level people's governments in the Yangtze River basin shall establish national parks, nature reserves, and nature parks in accordance with the law in areas with complete distribution of important typical ecosystems, ecologically and environmentally sensitive areas, areas with natural concentrations of precious wild animals and plants, important habitats, and important areas of natural relics in the Yangtze River basin.

 

Article 40 

The State Council and the provincial-level people's governments in the Yangtze River basin shall, in accordance with law, delimit public welfare forests in important ecological areas and ecologically fragile areas in the Yangtze River basin and implement strict management. The State implements strict protection of 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 basic grasslands with special functions such as climate regulation, water conservation, water and soil conservation, and windbreak and sand fixation.

The forestry and grassland department under the State Council and the forestry and grassland departments of the provincial-level people's governments in the Yangtze River basin shall, together with relevant departments of the people's governments at the same level, publish lists of the important national and local wetlands in the Yangtze River basin and the scope of their protection in accordance with the needs of different ecological locations, ecosystem functions and biodiversity protection to strengthen the protection and management of the wetlands in the Yangtze River basin and maintain their ecological functions and biodiversity.

 

Article 41 

The department of agriculture and rural affairs under the State Council shall, together with relevant departments under the State Council and the provincial-level people's governments in the Yangtze River basin, establish the evaluation system for the index of biological integrity  in the Yangtze River Basin, organize the integrity evaluation of aquatic organisms in the Yangtze River basin, and use the results as an important basis for assessing the overall ecosystem in the Yangtze River basin. The index of biological integrity in the Yangtze River basin shall be consistent with the water environment quality standards of the Yangtze River basin.

 

Article 42 

The department of agricultural and rural affairs under the State Council and the local people's governments at or above the county level in the Yangtze River basin shall formulate plans for the protection of precious and endangered aquatic wild animals and plants in the Yangtze River basin, and implement key protection for the precious and endangered aquatic wild animals and plants in the Yangtze River basin.

The State encourages qualified organizations to carry out research on the habitat characteristics and population dynamics of aquatic wild animals and plants, such as Yangtze finless porpoise, Chinese river dolphins, Chinese paddlefish, Chinese sturgeons, Yangtze sturgeons, Luciobrama macrocephalus, reeves shad, Onychostoma angustistomata, Hucho bleekeri, mullets, Ochetobius elongatus, Coreius guichenoti, Scaphesthes macrolepis, Sinilabeo rendahli, Percocypris pingi, nostoc sphaeroides, arcuate algae, pondweed, and Ottelia cordata, build artificial breeding and science education bases, and organize the rescue of aquatic organisms.

It is forbidden to breed or release exotic species or other germplasm resources of non-native species in the open waters of the Yangtze River basin.

Chapter IV
Water Pollution Prevention and Control

Article 43 

The department of ecology and environment under the State Council and all local people's governments in the Yangtze River basin shall take effective measures to strengthen the prevention, control and monitoring of water pollution in the Yangtze River basin to prevent, control and reduce water pollution.

 

Article 44 

The department of ecology and environment under the State Council shall formulate the water environment quality standards of the Yangtze River basin. It may supplement the items not specified in the national water environment quality standards and make stricter provisions for the items already specified in the water environment quality standards. The opinions of the relevant departments under the State Council and the provincial-level people's governments concerned shall be solicited in formulating the water environment quality standards of the Yangtze River basin. The provincial-level people's governments in the Yangtze River basin may formulate their local water environment quality standards that are more stringent than the water environment quality standards of the Yangtze River basin and report them to the department of ecology and environment under the State Council for the record.

 

Article 45 

The provincial-level people's governments in the Yangtze River basin shall formulate supplementary local standards for the water pollutant discharge for industries with unique features and special pollutants for which there are no national standards for water pollutant discharge, or for the specific water pollution sources or water pollutants for which there are clear national requirements, and report their local standards to the department of ecology and environment under the State Council for the record.

Under any of the following circumstances, the provincial-level people's governments in the Yangtze River basin shall formulate local water pollutant discharge standards that are stricter than the national water pollutant discharge standards, and report their local standards to the department of ecology and environment under the State Council for the record.

(1) Where industries are intensive and water environment problems are prominent;

(2) Where the existing water pollutant discharge standards cannot meet the water environment quality requirements of the Yangtze River basin under their jurisdiction;

(3) The water environment of the river basin or region is so complicated that unified water pollutant discharge standards cannot be applied.

 

Article 46 

The provincial-level people's governments in the Yangtze River basin shall formulate total phosphorus pollution control plans for their respective administrative areas and organize their implementation. For the main stream and tributaries of the Yangtze River where the production of phosphate ores and phosphate fertilizer is concentrated, relevant provincial-level people's governments shall formulate stricter requirements for total phosphorus emissions control to effectively control total phosphorus emissions.

Enterprises that mine and process phosphate ores and manufacture phosphate fertilizers and phosphorus-containing pesticides shall take effective measures to control the concentration and total discharge of total phosphorus in accordance with the requirements for pollutant discharge permits, monitor total phosphorus at sewage outlets and the surrounding environment, and disclose the monitoring information in accordance with the 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 centralized urban and rural sewage treatment facilities and supporting pipe networks in the Yangtze River basin, ensure their normal operation and improve urban and rural sewage collection and treatment capacities.

The local people's governments at or above the county level in the Yangtze River basin shall organize the investigation and remediation of the sewage outlets of rivers and lakes in their respective administrative areas, clarify the responsible entities, and implement classified management.

The establishment, alteration, or expansion of sewage outlets in any river or lake in the Yangtze River basin shall, in accordance with the relevant national regulations, be submitted to the competent department of ecology and environment or the ecological and environmental supervision and administration agency for the Yangtze River basin with jurisdiction for approval. For the water function areas that fail to attain the water quality objectives, the establishment, alteration, or expansion of sewage outlets shall be strictly controlled, except for the outfalls of the central sewage treatment facilities.

 

Article 48 

The State shall strengthen the prevention and control of agricultural non-point source pollution in the Yangtze River basin. In agricultural production in the Yangtze River basin, agricultural inputs shall be used in a scientific way, the application of chemical fertilizers and pesticides shall be reduced, the use of organic fertilizers shall be promoted, and agricultural wastes such as agricultural film and crop straw shall be disposed of in a scientific way.

 

Article 49

It is forbidden to dump, bury, pile up, discard, or treat solid waste within the limits of control areas for rivers and lakes in the Yangtze River basin. The local people's governments at or above the county level in the Yangtze River basin shall 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 investigations and assessments of major groundwater pollution sources along rivers and lakes, such as landfill sites, gas stations, mines, tailings ponds, hazardous waste disposal sites, and chemical industry parks and projects, as well as the surrounding groundwater environmental risks and hidden dangers, and shall take corresponding risk prevention and control measures.

 

Article 51

The State shall integrate pollution liability insurance and financial guarantee for vessels carrying dangerous goods in the Yangtze River basin. The specific measures shall be formulated by the transport department under the State Council in conjunction with other relevant departments under the State Council.

In the Yangtze River basin, it is prohibited to transport highly toxic chemicals on water and other hazardous chemicals that are prohibited by the State from being transported through inland rivers. The transport departments of the local people's governments at or above the county level in the Yangtze River basin shall, together with the relevant departments under the people's governments at the same level, strengthen the control over the transportation of hazardous chemicals in the Yangtze River basin.

 

Chapter V

Chapter V
Ecological and Environment Restoration

 

Article 52

The State shall carry out systematic governance of the ecosystem of the Yangtze River basin based on natural restoration and combining natural restoration with artificial restoration. The department of natural resources under the State Council shall, in conjunction with other relevant departments under the State Council, formulate plans for ecological and environmental restoration in the Yangtze River basin, organize the implementation of major ecological and environmental restoration projects, and coordinate various ecological and environmental restoration work in the Yangtze River basin.

 

Article 53 

The State shall exercise strict fishing control over the key waters of the Yangtze River basin. Productive fishing shall be completely banned in the reserves of Yangtze River basin aquatic life; within the time limit set by the State, productive fishing of natural fishery resources shall be completely banned in key water areas such as the main stream and major tributaries of the Yangtze River, large lakes connecting the Yangtze River and designated areas in the Yangtze River estuary. Specific measures shall be formulated by the agricultural and rural affairs department under the State Council in conjunction with other relevant departments under the State Council.

The agricultural and rural affairs department under the State Council shall, together with the relevant departments under the State Council and provincial-level people's governments in the Yangtze River basin, strengthen the law enforcement of the ban on fishing in the Yangtze River basin, and strictly investigate and punish fishing practices that damage fishery resources and the ecology and environment, such as electrocuting, poisoning fish, and blast fishing.

The local people's governments at or above the county level in the Yangtze River basin shall, in accordance with the relevant national regulations, make good efforts in compensating fishermen who have quit fishing in key waters of the Yangtze River basin, helping them find new jobs and ensuring their social security.

Measures for the administration of banning or limiting fishing in other waters in the Yangtze River basin shall be formulated by the local people's governments at or above the county level.

 

Article 54

The water resources department under the State Council shall, in conjunction with the relevant departments under the State Council, formulate and organize the implementation of the plan for the restoration of the connectivity of the river and lake systems of the Yangtze River's main stream and important tributaries. The provincial-level people's governments in the Yangtze River basin shall formulate and organize the implementation of plans for the restoration of the connectivity of the river and lake systems in their respective administrative areas to gradually improve the connectivity of the rivers and lakes in the Yangtze River basin, restore the ecological flow of the rivers and lakes, and maintain the ecological functions of the river and lake systems.

 

Article 55

The National Yangtze River Basin Coordination Mechanism shall coordinate the natural resources, water resources, ecology and environment, housing and urban-rural development, agriculture and rural affairs, transport, and forestry and grassland departments under the State Council and the provincial people's governments in the Yangtze River basin in formulating norms for river and lake shoreline restoration and defining indicators for shoreline restoration of the Yangtze River basin.

The local people's governments at or above the county level in the Yangtze River basin shall formulate and organize the implementation of river and lake shoreline restoration plans in accordance with the protection plans, norms and indicators for river and lake shoreline restoration in the Yangtze River basin, so as to ensure the proportion of natural shorelines and restore the ecological functions of river and lake shorelines.

Illegal use or occupation of the river and lake shorelines in the Yangtze River basin shall be prohibited.

 

Article 56 

The relevant departments under the State Council shall, in conjunction with relevant people's governments at the provincial level in the Yangtze River basin, strengthen the protection and restoration of the ecology and environment in the riparian zones in key reservoir areas such as the Three Gorges Reservoir and Danjiangkou Reservoir areas, allow more marginal farmland to return to forest, grassland, and wetland in accordance with local conditions, forbid the application of chemical fertilizers and pesticides, control the water level of reservoirs in a scientific way, strengthen water and soil conservation and prevention and control of geological disasters in reservoir areas, and ensure the good ecological functions of riparian zones.

 

Article 57

The forestry and grassland departments of the local people's governments in the Yangtze River basin at or above the county level shall organize the implementation of the plans for the restoration of forests, grasslands, and wetlands in the Yangtze River basin, promote their restoration in a scientific way, and intensify efforts to restore degraded natural forests, grasslands, and damaged wetlands.

 

Article 58

The State shall increase its support for ecological and environmental restoration in key lakes such as Taihu, Poyang, Dongting, Chao and Dianchi.

The local people's governments at or above the county level in the Yangtze River basin shall organize the ecological and environmental restoration of eutrophic lakes, and take comprehensive measures such as adjusting the industrial distribution and scale, ensuring the unified operation of controlled water projects, ecological water replenishment, and river-lake connectivity, so as to improve and restore the quality and function of the lake ecosystem. For the lakes with nitrogen and phosphorus concentrations seriously exceeding the standards, these governments shall take measures to thoroughly clean up aquaculture using baits and fertilizers in catchment areas affecting lake water quality by reducing the amount of chemical fertilizers and prohibiting the use of phosphorous detergents.

 

Article 59 

The departments of forestry and grassland, and agriculture and rural affairs under the State Council shall formulate restoration and action plans for wild animals and plants whose population has dropped sharply or that are critically endangered in the Yangtze River basin, severely damaged habitats, natural concentrated distribution areas, and fragmented typical ecosystems. These departments shall build ex situ conservation facilities, establish a gene bank of wild animal and plant genetic resources, and conduct rescue restoration.

Ecological and environmental restoration and other protection measures shall be carried out in important habitats such as spawning grounds, feeding grounds, overwintering grounds, and migration channels for aquatic organisms in the Yangtze River basin. For the water-related projects that are obstructing the migration of aquatic organisms such as fish, various measures shall be taken to fully meet the ecological needs of aquatic organisms, such as the construction of fish passing facilities, the connection of rivers and lakes, ecological regulation, stocking lakes with river fry, gene preservation, multiplication and release, and artificial breeding.

 

Article 60

The water resources department under the State Council shall, in conjunction with the relevant departments under the State Council and the local people's government in the Yangtze River estuary, formulate and implement plans for ecological and environmental restoration in the Yangtze River estuary and other protection measures in accordance with the requirements of land-sea coordination and river-sea linkage, strengthen comprehensive water, sand, salt, tidal flat, and biological population monitoring, take effective measures to prevent seawater intrusion and backflow, and maintain the good ecological functions of the Yangtze River estuary.

 

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. For soil and water loss plots within the ecological protection redlines, high priority shall be given to natural restoration, and marginal farmland shall be returned to forest, grassland, and wetland in a planned way in accordance with regulations. The permanent basic farmland included in the core protected areas of nature reserves shall be removed and rezoned in an orderly manner and in accordance with the law.

It is prohibited to carry out production and construction activities that may cause soil erosion in areas in the Yangtze River basin where soil erosion is serious and the ecology is fragile. If construction must be carried out in accordance with the national development strategy to meet the needs of the economy and people's livelihood, it shall be scientifically demonstrated and the examination and approval procedures shall be gone through in accordance with the law.

The local people's governments at or above the county level in the Yangtze River basin shall take comprehensive measures to control stony desertification in light of local conditions, restore the ecosystem and prevent the spread of stony desertification.

 

Article 62

The local people's governments at or above the county level in the Yangtze River basin shall adjust measures to local conditions to eliminate hidden geological hazards, reclaim land, restore vegetation, and prevent and control pollution in order to speed up the solution to the longstanding problem of ecological and environmental restoration of mines, strengthen the supervision and management of construction and operation of the mines, and urge mining rights holders to earnestly fulfill their responsibilities for mine pollution prevention and control and ecological and environmental 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 light of local conditions, provide support for the implementation of ecological and environmental restoration and other protection measures in the sources and upper reaches of rivers in the Yangtze River basin in terms of projects, funds, talents, and management, to enhance the capacity of ecologically fragile areas in the Yangtze River basin to restore the ecology and environment and carry out other protection measures.

In accordance with the principles of policy support, participation of enterprises and the public and market-based operation, the State encourages private capital to be invested in ecological and environmental restoration in the Yangtze River basin.

Chapter VI
Green Development

 

Article 64

Relevant departments under the State Council and all local people's governments in the Yangtze River basin shall, in accordance with the development plans and land and space plans for the Yangtze River basin, adjust the industrial structure, improve the distribution of industries and promote green development in the Yangtze River basin.

Article 65

The State Council and all the local people's governments in the Yangtze River basin and their relevant departments shall work together to implement the rural revitalization strategy and the new urbanization strategy, balance urban and rural infrastructure construction and industrial development, establish a sound basic public service system with universal coverage, inclusiveness and sharing, and urban-rural integration to 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 industries such as iron and steel, petroleum, chemicals, nonferrous metals, building materials and shipping, and raise their level of technology and equipment. These governments shall encourage papermaking, leather tanning, electroplating, printing and dyeing, nonferrous metals, pesticide, nitrogen fertilizer, coking, and API manufacturing enterprises to carry out clean upgrading. Enterprises shall reduce resource consumption and pollutant discharge through technological innovation.

The 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 chemicals producers in key areas.

Article 67 

Relevant departments under the State Council shall, in conjunction with the provincial people's governments in the Yangtze River basin, establish an assessment mechanism for the green development of development zones, and organize regular assessments of the energy-saving and intensive utilization of resources and energy, and ecological and environmental protection in various development zones.

The local people's governments at or above the county level in the Yangtze River basin shall, on the basis of the assessment results, improve and adjust the industries, products and measures for energy conservation and emissions reduction in development zones.

 

Article 68

The State encourages and supports water-saving technological transformation in key industries and key water-using organizations in the Yangtze River basin to improve water resources utilization efficiency.

The local people's governments at or above the county level in the Yangtze River basin shall strengthen the construction of water-saving cities and parks, promote the development of water-saving industries and enterprises, and speed up the construction of sponge cities where rainwater is naturally stored, permeated and purified.

 

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, pursue overall planning, construction and management to improve the quality of the living environment in both urban and rural areas, and build beautiful towns and villages.

The local people's governments at or above the county level in the Yangtze River basin shall organize and carry out toilet renovation in accordance with the eco-friendly, environmentally friendly, economical, and practical principles and in light of local conditions.

Relevant departments under 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 control over the use of building materials in new urban areas and development zones, encourage the use of energy-saving, environmentally friendly, high-performance building materials, to construct underground integrated pipeline corridors and pipe networks.

The local people's governments at or above the county level in the Yangtze River basin shall establish information platforms for the comprehensive utilization of waste soil, gravel, and dregs, strengthen the administration of the collection, cleaning, transportation and centralized piling of waste soil, gravel and dregs from production and construction activities, and encourage comprehensive utilization of these materials.

 

Article 70 

The local people's governments at or above the county level in the Yangtze River basin shall draw up and organize the implementation of tidal flat development plans in aquaculture waters, reasonably demarcate no-breeding areas, restricted breeding areas, and aquaculture areas, and scientifically determine the scale and density of aquaculture. They shall intensify the management of aquaculture inputs, and guide and standardize aquaculture and multiplication activities.

 

Article 71 

The State shall strengthen the construction of the comprehensive, multifaceted transportation system in the Yangtze River basin, improve ports, waterways and other water transportation infrastructure, and promote the interconnection of transportation facilities to realize the organic connection of water and land transportation on the Yangtze River and direct intermodal transportation between the Yangtze River and the sea, and enhance the function of the Yangtze River as a golden waterway.

 

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 pollutant reception, transfer, and disposal facilities and liquefied natural gas refueling stations on vessels, formulate plans for the construction and upgrading of shore power facilities in ports and ship power receiving facilities, and organize their implementation. Vessels that are qualified to use shore power shall use it at berth in accordance with the relevant national regulations, 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, in accordance with relevant regulations, provide financial or policy support to the upgrading and transformation of ports, waterways, and vessels in the Yangtze River basin, the construction of clean energy or new energy powered vessels such as liquefied natural gas powered vessels, 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, provide financial subsidies, preferential prices of electricity and other policy support to the transformation and use of shore power facilities in ports and ship power receiving facilities in the Yangtze River basin.

 

Article 74

All the local people's governments in the Yangtze River basin shall strengthen publicity and education on green consumption among both urban and rural residents, and adopt effective measures to support and guide green consumption among residents.

All the local people's governments in the Yangtze River basin shall adopt measures such as recovering deposits, restricting the use of plastic products that are easy to pollute and not easy to degrade, green design, and developing public transportation in accordance with the principles of systematic promotion, extensive participation, highlighting key areas and applying policies tailored to different situations, to promote a simple, moderate, green and low-carbon way of life.

 

Chapter VII
Guarantee and Supervision

Article 75

The State Council and the local people's governments at or above the county level in the Yangtze River basin shall increase financial input for the ecological and environmental protection and restoration in the Yangtze River basin.

In accordance with the principle of dividing fiscal powers and expenditures between the central and local governments, the State Council and the provincial-level people's governments in the Yangtze River basin shall allocate special funds for ecological and environmental protection in the Yangtze River basin for ecological and environmental protection and restoration in that basin. The department of natural resources under the State Council shall, in conjunction with the finance and ecology and environment departments under the State Council, formulate policies and measures for rationally utilizing private funds to promote ecological and environmental restoration in the Yangtze River basin.

The State encourages and supports scientific and technological research, development, popularization and application in the ecological and environmental protection and restoration in the Yangtze basin.

The State encourages financial institutions to develop green credit, green bonds, green insurance and other financial products to provide financial support for ecological and environmental protection and green development in the Yangtze River basin.

 

Article 76

The State shall establish a compensation system for ecological protection in the Yangtze River basin.

The State shall increase financial transfer payments to compensate the sources of the main stream and major tributaries of the Yangtze River, as well as water conservation areas in the upper reaches of the Yangtze River and other areas with important ecological functions. The specific measures shall be formulated by the finance department under the State Council in conjunction with relevant departments under the State Council.

The State encourages the local people's governments in the upper and lower reaches, left and right banks, and the main stream and tributaries of the Yangtze River basin to carry out horizontal compensation for ecological protection.

The State encourages private funds to establish market-oriented compensation funds for ecological protection in the Yangtze River basin, and encourages relevant entities to adopt voluntary consultations and other methods to carry out ecological protection compensation.

 

Article 77

The State shall strengthen judicial guarantee in the Yangtze River basin, and encourage relevant organizations to provide legal services for ecological and environmental protection in the Yangtze River basin.

Where the administrative law enforcement bodies, the people's courts, and the people's procuratorates at all levels in the Yangtze River basin discover suspected criminal acts in the course of investigating and dealing with illegal acts concerning Yangtze River protection or handling relevant cases in accordance with the law, shall transfer the clues to the bodies with powers and functions of detection and investigation.

 

Article 78 

The State shall implement a responsibility system and an assessment and evaluation system for ecological and environmental protection in the Yangtze River basin. The people's government at a higher level shall assess the fulfillment of the ecological and environmental protection and restoration objectives of the people's governments at a lower level.

 

Article 79 

Relevant departments under the State Council and relevant departments of the local people's governments at or above the county level in the Yangtze River basin shall, in accordance with the provisions of this Law and the division of responsibilities, supervise and inspect protection, development, and construction activities in the Yangtze River basin, and investigate and punish in accordance with the law illegal acts that destroy the natural resources, pollute the environment or damage the ecosystem of the Yangtze River basin.

Citizens, legal persons, and unincorporated organizations shall have the right to obtain information related to ecological and environmental protection of the Yangtze River basin in accordance with the law, report and file charges against illegal acts that destroy the natural resources, pollute the environment or damage the ecosystem of the Yangtze River basin.

Relevant departments under the State Council and all local people's governments in the Yangtze River basin and their relevant departments shall disclose information related to ecological and environmental protection in the Yangtze River basin in accordance with the law, improve the procedures for public participation, and provide convenience for citizens, legal persons, and unincorporated organizations to participate in and supervise ecological and environmental protection in the Yangtze River basin.

 

Article 80

Relevant departments under the State Council, all local people's governments in the Yangtze River basin and their relevant departments shall carry out joint law enforcement in accordance with the law in cross-administrative areas, ecologically sensitive areas, and areas with a high incidence of ecological and environmental violations and in major illegal cases in the Yangtze River basin.

 

Article 81 

Relevant departments under the State Council and the provincial-level people's governments in the Yangtze River basin can summon for meetings the principal leaders of the local people's governments at or above the county level and relevant departments in areas where Yangtze River protection is ineffective, problems are prominent, and public complaints are concentrated, and urge them to take measures to rectify the situation in time.

 

Article 82

The State Council shall regularly report to the Standing Committee of the National People's Congress on ecological and environmental protection and restoration in the Yangtze River basin.

The local people's governments at or above the county level in the Yangtze River basin shall regularly report to the people's congresses at the corresponding level or their standing committees on their ecological and environmental protection and restoration work in the Yangtze River basin.

 

Chapter VIII
Legal Liability

Article 83

Where relevant departments under the State Council and all the local people's governments in the Yangtze River basin and their relevant departments, in violation of the provisions of this Law, commit any of the following acts, the person in charge directly responsible and other persons directly responsible shall be given punishments such as warnings, demerits, serious demerits or demotions in accordance with the law. Where serious consequences have been caused, the offenders shall be given the punishment of removal from office or dismissal, and the principal leaders shall take the responsibility and resign:

(1) granting an administrative license where the requirements for the administrative license are not met;

(2) failing to make a decision on suspension of business or closure which must have been made in accordance with the law;

(3) failing to investigate and deal with illegal acts after discovering them or receiving reports in accordance with law;

(4) other acts of dereliction of duty, abuse of power or malpractice for personal gain.

 

Article 84

Whoever commits any of the following acts in violation of the provisions of this Law shall be ordered to stop the illegal act and be given a warning and imposed a fine of not less than 10,000 yuan but not more than 100,000 yuan by the relevant competent body according to its functions and duties. Where the circumstances are serious, a fine of not less than 100,000 yuan but not more than 500,000 yuan shall be imposed:

(1) navigating vessels in the prohibited area;

(2) navigating vessels in the prohibited area in the important habitat of aquatic organisms with consent but failing to take necessary measures to reduce disturbance to important aquatic organisms;

(3) failing to incorporate water allocation for ecological use into the daily operation scheduling rules for water conservancy, hydropower, and shipping hub projects;

(4) failing to use shore power on vessels that are qualified to use it in accordance with the relevant national regulations.

 

Article 85

Whoever breeds or releases exotic species or other germplasm resources of non-native species in the open waters of the Yangtze River in violation of the provisions of this Law shall be ordered by the agricultural and rural affairs department of the people's governments at or above the county level to catch them back within a time limit and be imposed a fine of not more than 100,000 yuan. Where consequences are serious, a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed. Where the perpetrator fails to do so within the time limit, the agricultural and rural affairs department of the relevant people's government shall do so on its behalf or take measures to reduce the negative impact, and the expenses incurred therefrom shall be borne by the perpetrator.

 

Article 86

Where productive fishing carried out in aquatic organism protection areas in the Yangtze River basin in violation of the provisions of this Law, or productive fishing of natural fishery resources is carried out in key waters such as the main stream and major tributaries of the Yangtze River, large lakes connected with the Yangtze River, and the designated area of the Yangtze River estuary during the period of moratorium, the departments of agriculture and rural affairs of the people's governments at or above the county level shall confiscate the catch, the illegal income derived therefrom and the fishing boats, fishing gear and other tools used in the illegal fishing, and impose a fine of not less than 10,000 yuan but not more than 50,000 yuan. Where fishing is carried out by electrocuting, poisoning fish or blast fishing and where there are other serious circumstances involved, a fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed.

Where the catch mentioned in the preceding paragraph are purchased, processed, or sold, the departments of agricultural and rural affairs and market regulation of the people's governments at or above the county level shall, in accordance with their respective functions and duties, confiscate the catch, its products and the illegal income derived therefrom and impose a fine not less than 10 times but not more than 20 times the value of the catch. Where the circumstances are serious, the relevant production and operation license shall be revoked or the offender shall be ordered to close down.

 

Article 87 

Where, in violation of the provisions of this Law, the waters of rivers and lakes in the Yangtze River basin are occupied illegally, or the river and lake shorelines are illegally used or occupied, the departments of water resources and natural resources of the people's governments at or above the county level shall, in accordance with the division of responsibilities, order the illegal activities to be stopped, and the enclosures to be dismantled and the original state to be restored within a specified time and with the costs incurred being borne by the offender. They shall confiscate the illegal income derived therefrom and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.

 

Article 88 

Where any of the following acts is committed in violation of the provisions of this Law, departments of ecology and environment and natural resources of the people's governments at or above the county level shall, in accordance with the division of responsibilities, order the illegal act to be stopped, and the enclosures to be dismantled and the original state to be restored within a specified time and with the costs incurred being borne by the offender. They shall confiscate the illegal income derived therefrom, impose a fine of not less than 50,000 yuan but not more than 5 million yuan on the offender; and impose a fine of not less than 50,000 yuan but no more than 100,000 yuan on the the person in charge directly responsible and other persons directly responsible. Where the circumstances are serious, the relevant projects shall be ordered to close down with the approval of the people's government with the power of approval.

(1) establishing or expanding chemical industrial parks or projects within one kilometer of the shorelines of the main stream and tributaries of the Yangtze River;

(2) building, rebuilding, or expanding tailings ponds within three kilometers of the shoreline of the Yangtze River's main stream and within one kilometer of the shorelines of important tributaries;

(3) carrying out production and construction activities in violation of the provisions of the ecological and environmental access lists.

 

Article 89 

Where enterprises that mine and process phosphate ores and manufacture phosphate fertilizers and phosphorus-containing pesticides in the Yangtze River basin discharge water pollutants containing phosphorus in excess of discharge standards or total volume control targets in violation of the provisions of this Law, the departments of ecology and environment of the people's governments at or above the county level shall order them to stop their illegal acts, impose on them a fine of not less than 200,000 yuan but not more than 2 million yuan, and impose on the person in charge directly responsible and other persons directly responsible a fine of not less than 50,000 yuan but not more than 100,000 yuan. Where the circumstances are serious, the enterprises shall be ordered to suspend production for correction or close down with the approval of the people's governments with the power of approval.

 

Article 90 

Where highly toxic chemicals and other hazardous chemicals that are prohibited by the State from being transported through inland rivers are transported on water in the Yangtze River basin in violation of the provisions of this Law, the transport departments or maritime administration bodies of the local people's governments at or above the county level shall order the acts to be corrected, confiscate the illegal income derived therefrom, impose a fine of not less than 200,000 yuan but not more than 2 million yuan, and impose on the person in charge directly responsible and other persons directly responsible a fine of not less than 50,000 yuan but not more than 100,000 yuan. Where the circumstances are serious, the enterprises shall be ordered to suspend production for correction, or the relevant license shall be revoked.

 

Article 91

Where, in violation of the provisions of this law, sand is mined in the Yangtze River basin without obtaining a permit in accordance with the law, or sand is mined in no-sand-mining areas or periods, relevant river basin management agencies of the water resources department under the State Council or the departments of water resources of the local people's governments at or above the county level shall order the illegal acts to be stopped, confiscate the illegal income derived therefrom and the vessels, equipment, and tools used in the illegal activities, and impose a fine not less than two times but not more than 20 times the value of the sand mined. Where the sand mined is worth not more than 100,000 yuan, a fine of not less than 200,000 yuan but not more than 2 million yuan shall be imposed. Where the river sand mining license has been obtained, it shall be revoked.

 

Article 92

Where no administrative penalty is provided for in this Law for illegal acts such as destruction of the natural resources, pollution of the environment or damage to the ecosystem of the Yangtze River basin, the provisions of relevant laws and administrative regulations shall apply.

 

Article 93

Anyone causes damage to others by polluting the environment or destroying the ecosystem of the Yangtze River basin shall be liable for tort.

Where a violation of State regulations causes ecological and environmental damage in the Yangtze River basin, the bodies and organizations prescribed by the State or law shall have the right to request the infringer to bear the liability for repair and compensate for the losses and relevant expenses.

 

Article 94

Violations of the provisions of this Law that constitute a crime shall be investigated for criminal liability in accordance with the law.

Chapter IX
Supplementary Provisions

Article 95

Definitions of the following terms used in this Law:

(1) The main stream of the Yangtze River means the main reach of the Yangtze River from its headwaters to its estuary, which flows through Qinghai Province, Sichuan Province, the Tibet Autonomous Region, Yunnan Province, Chongqing, Hubei Province, Hunan Province, Jiangxi Province, Anhui Province, Jiangsu Province, and Shanghai;

(2) The tributaries of the Yangtze River mean the rivers that flow directly or indirectly into the main stream of the Yangtze River, and they can be divided into the first-grade, second-grade tributaries, etc.;

(3) The major tributaries of the Yangtze River refer to those with a basin area of more than 10,000 square kilometers, among which the first-grade tributaries with a basin area of more than 80,000 square kilometers include the Yalong River, the Minjiang River, the Jialing River, the Wujiang River, the Xiangjiang River, the Yuanjiang River, the Hanjiang River and the Ganjiang River.

Article 96

This Law shall enter into force as of March 1, 2021.