At the 25th meeting of the Standing Committee of the 13th People's Congress of Zhejiang Province, the Decision of the Standing Committee of the People's Congress of Zhejiang Province on Amending Seven Local Regulations (including the Regulations on Port Administration of Zhejiang Province) was deliberated and adopted, which took effect as of the date of promulgation. The province's transportation system completes the revision and promulgation of three regulations: “The Regulations on the Management of Ports in Zhejiang Province”, “The Regulations on Channels Management in Zhejiang Province, and the Regulations on Quality and Safety Production of Transportation Construction Projects in Zhejiang Province,”. This revision is an adaptive modification combined with the new provisions of the upper level law, the new situation of the institutional reform and the new needs of the management work, which further improves the transportation legal system of Zhejiang Province.
The main contents of the revision of “The Regulations on the Management of Ports in Zhejiang Province” are as follows:
(1) The port administration department in the original regulations shall be amended to be the port administration authority, and the regulations specify that the port and navigation administrative department which are affiliated under the authority shall undertake the specific work of port administration according to the prescribed functions and duties.
(2)A new provision has been added that a port operator should, in accordance with the provisions, be equipped with adequate facilities for receiving pollutants from vessels, and corresponding penalties have been added.
(3) The provisions on port commissioning and operation have been added;
(4) Penalties for failure to dismantle port shoreline after expiration of the period of temporary use have been added;
(5) Provisions on business license for port tally are removed.
The main contents of the revision of “The Regulations on the Management of Channels in Zhejiang Province” are as follows:
(1) The waterway management department in the original regulations shall be amended to be the waterway management authority, and it specifies that the port and navigation administrative department which are affiliated under the authority shall, according to their prescribed functions and duties, undertake specific work such as planning, construction, conservation and protection of waterways;
(2) Additional provisions have been added that the people's governments at or above the county level shall delimit the scope of the construction control area of the waterway, and that no permanent buildings or other facilities shall be planned or built within the control area;
(3) The vessel passing through building shall be modified into a navigable building, and it specifies that the navigable building shall be maintained by the operating unit designated or established by the people's government that bears the principal responsibility for the construction;
(4) It clarifies that funds for the operation and maintenance of navigable buildings shall be guaranteed by the people's governments at or above the county level through financial budgets and by means of electricity maintenance, except for toll channels;
(5) Provisions have been added that the operation time of navigable buildings shall be in line with the traffic demands of ships, emergency delay operation mechanism shall be established, and gate opening operation shall be implemented.
The main contents of the revision of “the Regulations on Quality and Safety Production of Transportation Construction Projects in Zhejiang Province” are as follows:
(1) It specifies that the project management organs under the competent transport departments of the people's governments at or above the county level shall undertake specific work in accordance with their prescribed functions and duties.
(2) ) Detailed provisions on the special acceptance of project quality clarify that the construction unit shall return the quality deposit if the special acceptance of project quality is qualified or the project unit fails to organize the special acceptance of project quality within the time limit,
(3) Amend the definition of intercity rail projects in the original regulations.
Next, the provincial transportation departments at all levels will earnestly study the revised three regulations, and actively publicize and implement the revised regulations , so as to provide a strong legal guarantee for the construction of high-level transportation province.