Interim Measures for Compensation for Utilization of Flood Detention Areas

Interim Measures for Compensation for Utilization of Flood Detention Areas Decree of the State Council of the People's Republic of China (No. 286) The Interim Measures for Compensation for Utilization of Flood Detention Areas were adopted at the 28th Executive Meeting of the State Council on May 23, 2000, are hereby promulgated and effective as of the date of promulgation. Premier, Zhu Rongji May 27, 2000 Interim Measures for Compensation for Utilization of Flood Detention Areas Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Flood Control Law of the People's Republic of China for the purpose of ensuring effective utilization of the flood detention areas when it is necessary to secure some key or important areas against floods, and reasonably compensating the residents living in those flood detention areas for their losses due to the flood storage or detention. Article 2 These Measures are applicable to the State flood detention areas listed in the Appendix. According to the provisions of the Flood Control Law of the People's Republic of China, when it is necessary to amend the flood control plans or flood protection schemes that have been approved by the State Council or its water administrative department and to make corresponding adjustments of the State flood detention areas, the water administrative department of the State Council shall propose amendments to the Appendix of these Measures, and then submit them to the State Council for approval and promulgation. Article 3 The following principles shall be abided by in making compensation for the utilization of the flood detention areas: (1) to ensure basic living conditions for the residents living in the flood detention areas; (2) to benefit the resumption of agricultural production in the flood detention areas; and (3) to meet the financial support capacity of the State. Article 4 The local people's governments at various levels in the places where the flood detention areas are located shall, according to the relevant provisions of the State, strengthen the construction and management for the safety in the flood detention areas, adjust the industrial structure, control the population growth, and have the residents to move out in a planned way. Article 5 Before the utilization of flood detention areas, the local people's governments at various levels in the places where the flood detention areas are located shall organize the departments and units concerned to make sure of the evacuation and protection of the residents and their property in the flood detention areas, and reduce as much as possible the loss caused by flood storage and detention. Article 6 The finance administrative department and the water administrative department of the State Council shall be responsible for the organization, implementation, supervision and administration of the nationwide compensation work for the utilization of flood detention areas in accordance with these Measures. The river basin authorities set up by the water administrative department of the State Council for State- specified major rivers and lakes shall assume their responsibility to supervise and direct the compensation work for the utilization of the flood detention areas within their respective jurisdiction. The local people's governments at various levels in the places where the flood detention areas are located shall be responsible for the specific implementation and management of the compensation work for the utilization of the flood detention areas within their respective administrative regions in accordance with the provisions of these Measures. The people's government at the next higher level shall supervise the compensation work carried out by the people's governments at the lower levels for the utilization of the flood detention areas. The relevant departments of the local people's government at or above the county level in the place where the flood detention area is located shall be responsible for the work related to compensation for the utilization of the flood detention area within their scope of duties as confined by the people's government at the corresponding level. Article 7 No organization or individual may gain by cheating, embezzle or peculate the compensation fund for the utilization of flood detention areas. Article 8 The audit organs shall strengthen audit supervision on the management and use of the compensation fund for the utilization of flood detention areas. Chapter II Objects, Scope and Standards of Compensation Article 9 Residents having their permanent residence registered in the flood detention area (hereinafter referred to as residents in the area) can get their compensation according to the provisions of these Measures after the utilization of the flood detention area. In addition to the compensation gained from the utilization of the flood detention area according to these Measures, the residents in the area are also entitled to the same government relief and social donations as victims in other flood disastrous areas can enjoy according to the relevant pro......