Yellow River Protection Law of the People’s Republic of China

Updated: 2022-10-30

 Chapter IV

Conservation and Efficient Utilization of Water Resources

Article 45 The water resources in the Yellow River Basin shall be utilized under the principles of giving priority to water conservation, taking all factors into consideration, efficient use, and making plans carefully, giving priority to satisfying the domestic water demand of urban and rural residents, guaranteeing basic ecological water needs, and coordinating water consumption for production purposes.

Article 46 The state shall allocate the water of the Yellow River in a unified manner. When formulating and adjusting the water allocation plan for the Yellow River, factors of the Yellow River Basin such as water resources conditions, ecological and environmental situations, water consumption in different areas, water conservation, and utilization of floodwater as resources shall be taken into full consideration, local and transferred water resources, and conventional and non-conventional water resources shall be coordinated, and the total available water resources and the water needed for seaward sediment transport through river courses shall be determined scientifically, so as to allocate the total volume of surface water that can be withdrawn from different areas in the Yellow River Basin.

The Yellow River Basin Administrative Authority shall, in consultation with the provincial people's governments in the Yellow River Basin, formulate and adjust the water allocation plan for the Yellow River and the water allocation plans for inter-provincial tributaries. The water allocation plan for the Yellow River shall be reported to the State Council for approval after being examined by the department of development and reform and the department in charge of water resources under the State Council. The water allocation plans for inter-provincial tributaries shall be reported to the department authorized by the State Council for approval.

The departments in charge of water resources under the provincial people's governments in the Yellow River Basin shall, in accordance with the water allocation plan for the Yellow River and the water allocation plans for the inter-provincial tributaries, formulate and adjust the water allocation plans for their respective administrative areas, and, upon approval by the provincial people's governments, report such plans to the Yellow River Basin Administrative Authority for the record.

Article 47 The state shall allocate water resources of the Yellow River Basin in a unified way, and make dynamic adjustments by following the principles of total volume control, control of water flow at cross sections, carrying out management and shouldering responsibilities at different levels and in accordance with the changes of the water regime.

The department in charge of water resources under the State Council shall organize the unified allocation of water resources in the Yellow River Basin and the supervision and administration thereof in accordance with the law.

Article 48 The department in charge of water resources under the State Council shall, in conjunction with the department in charge of natural resources under the State Council, determine the limit of the total withdrawal volume of groundwater from provincial administrative areas in the Yellow River Basin.

The departments in charge of water resources under the provincial people's governments in the Yellow River Basin shall, in conjunction with the relevant departments under the people's governments at the same level, determine the limit of the total withdrawal volume of groundwater from administrative areas of cities divided into districts or counties in the Yellow River Basin, and the control indicators of the groundwater level of the administrative areas of cities divided into districts or counties based on the limit of the total withdrawal volume of groundwater from provincial administrative areas in the Yellow River Basin and, upon approval by the provincial people's governments, report them to the department in charge of water resources under the State Council or the Yellow River Basin Administrative Authority for the record.

Article 49 The total volume of surface water withdrawn and used from an administrative area at or above the county level in the Yellow River Basin may not exceed the limit determined in the water allocation plan, and shall meet the standards for ecological flows and ecological water levels. The total volume of groundwater withdrawn from such an administrative area may not exceed the limit of the total withdrawal volume of groundwater from such an administrative area, and shall meet the requirements of the control indicators of the groundwater level.

A local people's government at or above the county level in the Yellow River Basin shall, in accordance with the control indicators of the total volume of water that can be withdrawn from its administrative area, determine the control indicators of the water consumption for agriculture, industry, household and ecology outside rivers in its administrative area by taking into overall consideration the water demand for economic and social development, water conservation standards, and industrial policies.

Article 50 To withdraw water resources in the Yellow River Basin, a water withdrawal permit shall be obtained in accordance with the law.

Applications for water withdrawal from the main stream of the Yellow River or applications for above-quota water withdrawal from the designated reaches of the Yellow River's important trans-provincial tributaries shall be subject to the approval by the Yellow River Basin Administrative Authority, and the opinions of the departments in charge of water resources under the provincial people's governments where the water intakes are located shall be studied at the time of approval; and the other water withdrawal applications shall be subject to the approval by the departments in charge of water resources under the local people's governments at or above the county level in the Yellow River Basin. The designated reaches and the quotas shall be determined, announced and adjusted in due time by the department in charge of water resources under the State Council.

Article 51 The state shall practice differentiated management of water resources in the Yellow River Basin. The department in charge of water resources under the State Council shall, in conjunction with the department in charge of natural resources under the State Council, regularly organize the evaluation of water resources and the surveys and assessments of the carrying capacity of water resources in the Yellow River Basin. The assessment results shall be used as the basis for demarcating the areas where water resources are overloaded, nearly overloaded, or not overloaded.

In the areas where water resources are overloaded, the local people's governments at or above the county level shall make plans for controlling the overload of water resources, and conduct comprehensive control by taking measures such as adjusting industrial structures and reinforcing water conservation. In the areas where water resources are nearly overloaded, the local people's governments at or above the county level shall take measures to prevent the overload of water resources.

Except for domestic water consumption and other water consumption for guaranteeing people's livelihoods, no new water withdrawal permit may be granted in any area in the Yellow River Basin where water resources are overloaded; and the granting of new water withdrawal permits shall be strictly restricted in any area where water resources are nearly overloaded.

Article 52 The state shall implement the system of quota management of water use in the Yellow River Basin. The department in charge of water resources and the department in charge of standardization under the State Council shall, in conjunction with the development and reform department under the State Council, organize the determination of quotas for water consumption for the water-intensive industries and service sectors in the Yellow River Basin. For the determination of compulsory quotas for water consumption, opinions shall be solicited from the relevant departments under the State Council, as well as the provincial people's governments, enterprises, public institutions, the general public, etc. in the Yellow River Basin, and the relevant provisions of the Standardization Law of the People's Republic of China shall apply.

The provincial people's governments in the Yellow River Basin may, according to the strict requirements for water conservation and water control, determine more stringent local quotas for water consumption than the corresponding quotas set by the state; and if the quotas for water consumption are not set by the state, local quotas for water consumption may be set as a supplement.

Water-use entities in the Yellow River Basin and those in the relevant county-level administrative areas in other regions relying on the Yellow River for water supply located in the provinces and autonomous regions through which the Yellow River flows shall strictly implement the compulsory quotas for water consumption; and where the compulsory quotas are exceeded, water-saving technologies shall be applied within a prescribed time limit.

Article 53 The amount of water withdrawn by any water-use entity as approved by the department in charge of water resources under a local people's government at or above the county level in the Yellow River Basin or in a relevant county-level administrative area in other regions relying on the Yellow River for water supply located in the provinces and autonomous regions through which the Yellow River flows or by the Yellow River Basin Administrative Authority shall satisfy the requirements for water consumption quotas.

Any entity that withdraws water in excess of the certain water withdrawal amount in the Yellow River Basin or in a relevant county-level administrative area in other regions relying on the Yellow River for water supply located in the provinces and autonomous regions through which the Yellow River flows shall install qualified online metering facilities, ensure the normal operation of the facilities, and transmit the meter data to the department in charge of water resources with the administrative authority or the Yellow River Basin Administrative Authority. The standards for the certain water withdrawal amount shall be formulated by the department in charge of water resources under the State Council.

Article 54 The state shall implement a negative list of access for industries with high water consumption and a catalogue of would-be-eliminated industries with high water consumption in the Yellow River Basin. If a construction project is included in the negative list of access or the catalogue of would-be-eliminated industries with high water consumption, its application for the water withdrawal permit may not be approved. The negative list of access for industries with high water consumption and the catalogue of would-be-eliminated industries with high water consumption shall be formulated and issued by the development and reform department under the State Council in conjunction with the department in charge of water resources under the State Council.

The increase of water supply from the Yellow River Basin to other river basins and the newly increased use of water diverted from the Yellow River for irrigation shall be strictly restricted. Where it is necessary to increase water use to implement major strategies of the state, feasibility demonstration concerning water resources shall be strictly conducted, and a water withdrawal permit approved by the Yellow River Basin Administrative Authority shall be obtained.

Article 55 The local people's governments at or above the county level in the Yellow River Basin shall organize efforts to develop efficient water-saving agriculture, strengthen the construction of agricultural water-saving facilities and metering facilities for agricultural water consumption, and select, cultivate and popularize low water use and highly drought tolerant crops, so as to reduce agricultural water consumption. It is forbidden to withdraw deep groundwater for agricultural irrigation.

Industrial enterprises in the Yellow River Basin shall give priority to the use of water-saving techniques, technologies and equipment encouraged by the state. The catalogue of industrial water-saving techniques, technologies, and equipment shall be formulated and issued by the department in charge of industry and information technology under the State Council in conjunction with other relevant departments under the State Council.

The local people's governments at or above the county level in the Yellow River Basin shall organize the popularization and application of advanced and applicable water-saving techniques, technologies, equipment, products and materials, propel the utilization of industrial wastewater as resources, support enterprises in upgrading water-metering and water-saving technologies, support enterprises in industry parks in developing series and recycling water use systems, and promote water conservation in industries with high water consumption such as energy, chemicals and building materials. Enterprises in the water intensive industries shall upgrade their water-metering and water-saving technologies.

The local people's governments at or above the county level in the Yellow River Basin shall organize the upgrading of old water supply facilities and pipeline networks in both urban and rural areas, popularize water-saving apparatus, upgrade water-saving technologies for public organizations, control water use in the water intensive service industries, and improve centralized water supply and water-saving supporting facilities in rural areas.

The local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall strengthen the publicity, education and science popularization on water conservation, enhance the consciousness of the public on water conservation and create a favorable atmosphere for water conservation.

Article 56 The state shall establish a water pricing structure to promote water conservation in the Yellow River Basin. Urban household water use and, where permissible and appropriate, rural household water use shall be subject to tiered water pricing, while the high progressive pricing system for water consumption in excess of quotas shall be applied to the water intensive industries and service sectors, the progressive pricing system for water consumption in excess of quotas shall be applied to non-household water use, and comprehensive price reform of agricultural water consumption shall be promoted.

The state shall conduct water efficiency label management of widely applied water-using products with great potential in water conservation, eliminate water-using products with lower water use efficiency grades within a prescribed time limit, and foster a market for management by water conservation contracts and other water-saving markets in the Yellow River Basin.

Article 57 The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council, formulate a list of key drinking water sources in the Yellow River Basin. The departments in charge of water resources under the provincial people's governments in the Yellow River Basin shall, in conjunction with the relevant departments under the people's governments at the same level, formulate lists of other drinking water sources in their respective administrative areas.

The provincial people's governments in the Yellow River Basin shall organize the delineation of drinking water source conservation areas, strengthen the protection of drinking water sources, and ensure the safety of drinking water. The local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall make a rational layout of drinking water source intakes, and strengthen the development of emergency or standby drinking water sources.

Article 58 The state shall take into full consideration the conditions of water resources, the requirements for economic and social development, and the requirements for ecological and environmental protection in the Yellow River Basin, coordinate the water supply safety and ecological safety of the areas where water is transferred from and to, conduct scientific feasibility demonstrations, carry out planning and construction for cross-basin water transfer projects and major water source projects, accelerate the construction of the national water network, optimize the allocation of water resources and improve their carrying capacity.

The local people's governments at or above the county level in the Yellow River Basin shall organize the construction of regional water resources allocation projects and improve the water supply in both urban and rural areas.

Article 59 The local people's governments at or above the county level in the Yellow River Basin shall promote the utilization of sewage as resources, and the state shall support the construction of the relevant facilities.

The local people's governments at or above the county level in the Yellow River Basin shall incorporate recycled water, rainwater, brackish water, mine water, and other unconventional water into water resources for unified allocation to raise the proportion of the use of unconventional water. As to water use for landscaping, industrial production, and construction, among others, the recycled water that meets the relevant requirements shall be used first.

 

Chapter V

Water and Sediment Control and Flood Control

Article 60 The state shall, in accordance with the comprehensive plan and the flood control plan for the Yellow River Basin, organize the construction of a series of  projects for water and sediment control, flood prevention, and disaster mitigation in the Yellow River Basin; improve the mechanisms for water and sediment control and flood and ice jam flood control; strengthen hydrological and meteorological monitoring, forecast and early warning, strengthen water and sediment observation, and river regime surveys, and conduct desilting and dredging in key reservoirs and river sections and desilting in floodplain areas, in order to enhance the capacity of flood channels and sediment transport in river courses, build main channels, maintain the stability of river regimes, and ensure flood control.

Article 61 The state shall improve the water and sediment control system with a focus on major water projects such as key reservoirs, take measures such as joint water and sediment control, and comprehensive sediment treatment and utilization, to improve the capability for trapping and transporting sediment. The catalogue of projects included in the water and sediment control system shall be formulated by the department in charge of water resources under the State Council.

The relevant departments under the State Council and the provincial people's governments in the Yellow River Basin shall strengthen the construction and management of flood control projects such as key water projects along the main stream and tributaries of the Yellow River, standardized dikes, and projects for controlling and guiding water flows, reinforce dilapidated reservoirs, and prevent and control mountain torrents and debris flows.

The Yellow River Basin Administrative Authority and the competent department that it is subordinate to, as well as the local people's governments at or above the county level in the Yellow River Basin, shall strengthen the maintenance and management of flood control projects to ensure their safe and stable operation.

Article 62 The state shall adopt a unified control system for water and sediment in the Yellow River Basin. The Yellow River Basin Administrative Authority shall organize the unified operation of the reservoir groups along the main stream and tributaries of the Yellow River, formulate water and sediment control plans, determine the indicators, ways, and start and end times for water and sediment control for key reservoirs, and issue control instructions. Measures shall be taken to minimize the effects of water and sediment control on aquatic organisms and their habitats.

The local people's governments at or above the county level, the competent departments in charge of reservoirs and the reservoir management entities in the Yellow River Basin shall implement the control instructions of the Yellow River Basin Administrative Authority.

Article 63 The department in charge of water resources under the State Council shall organize the preparation of the Yellow River flood control plan and submit it to the State Council for approval after it is examined by the state flood control and drought relief headquarters.

The Yellow River Basin Administrative Authority shall, in conjunction with the provincial people's governments in the Yellow River Basin, formulate the flood control plans for the main stream, important tributaries and key water projects of the Yellow River in accordance with the approved Yellow River flood control plan, and organize the implementation thereof in accordance with its duties after reporting the plans to the department in charge of water resources under the State Council for approval and sending a copy to the state flood control and drought relief headquarters and the emergency management department under the State Council.

The local people's governments at or above the county level in the Yellow River Basin shall organize the preparation and implementation of flood control plans for other tributaries and water projects of the Yellow River, and submit them to the flood control and drought relief headquarters and the relevant competent departments under the people's governments at the next higher level for the record.

Article 64 The Yellow River Basin Administrative Authority shall formulate the annual ice jam flood control plan and organize the implementation thereof in accordance with its duties after submitting it to the department in charge of water resources under the State Council for the record.

The local people's governments at or above the county level in the Yellow River Basin charged with the task of ice jam flood control shall incorporate ice jam flood control into the flood control plan of their respective administrative areas.

Article 65 The Yellow River flood control and drought relief headquarters shall be responsible for directing flood control and drought relief in the Yellow River Basin, and its working body shall be set up in the Yellow River Basin Administrative Authority and undertake the routine work of the Yellow River flood control and drought relief headquarters.

Article 66 The Yellow River Basin Administrative Authority shall, in conjunction with the provincial people's governments in the Yellow River Basin, draw up a directory of the Yellow River floodplain areas in accordance with the flood control plan for the Yellow River Basin and submit the directory to the department in charge of water resources under the State Council for approval. The provincial people's governments in the Yellow River Basin shall arrange the relocation of residents in the floodplain areas in an orderly manner, strictly control the migration of permanent residents to the floodplain areas, and implement comprehensive improvement and management projects for such areas.

The land use, infrastructure construction, and ecological protection and restoration in the Yellow River floodplain areas shall guarantee the flood carrying capacity of the river and ensure that the floodplain areas perform their functions of flood detention and sediment trapping.

Within the Yellow River floodplain areas, neither new land shall be planned for urban construction nor new villages or towns shall be established, while no expansion shall be allowed if already planned and established as such; no new permanent basic farmland shall be demarcated, while the existing permanent basic farmland that affects flood control shall be phased out; neither new wasteland shall be reclaimed, nor new production embankments shall be built; the existing production embankments that affect flood control shall be dismantled in a timely manner, while other production embankments shall be dismantled gradually.

Where losses are caused by floods due to natural flooding and flood detention and storage in the Yellow River floodplain areas, among others, compensation shall be made in accordance with the relevant regulations prescribed by the state.

Article 67 The state shall strengthen the management and protection of rivers and lakes in the Yellow River Basin. It is forbidden to construct buildings and structures blocking flood channels, and carry out activities adversely affecting the stability of river regimes or endangering the safety of river banks or dikes or otherwise blocking flood channels within the management range of rivers and lakes. It is forbidden to illegally use or occupy waters and shorelines of rivers and lakes. The management range of rivers and lakes shall be scientifically demarcated and made public by the Yellow River Basin Administrative Authority and the relevant local people's governments at or above the county level in the Yellow River Basin in accordance with the law.

The construction of projects and facilities which cross over or go through rivers, or cross dikes or border on rivers shall conform to the flood control standards and other requirements, and shall not endanger the safety of dikes, affect the stability of river regimes, change the use of waters and floodplain land without authorization, reduce the capacity of flood channels and water storage, or diminish water areas. Where it is impossible to avoid reducing the capacity of flood channels and water storage, or diminishing water areas, equivalent substitute projects shall be built or other functionally remedial measures shall be taken simultaneously.

Article 68 In the management of river courses in the Yellow River Basin, measures shall be taken in light of local conditions, such as river obstruction removal, desilting and dredging, bank slope improvement, dike reinforcement, water source conservation, water and soil conservation, and river and lake management and protection, so as to strengthen the management of perched and wandering river courses and enhance the flood control capacity of rivers, lakes and reservoirs.

The state supports the relevant local people's governments in the Yellow River Basin in making overall plans for the protection and restoration of river shorelines, the return of cultivated land to wetland, and in building a green ecological corridor integrating the functions of flood control and ecological protection, on the premise of stabilizing river regimes, regulating flow routes and ensuring flood carrying capacity.

Article 69 The state shall implement a sand mining planning and licensing system for river courses in the Yellow River Basin. A license shall be obtained in accordance with the law for sand mining in the river courses in the Yellow River Basin.

The Yellow River Basin Administrative Authority and the local people's governments at or above the county level in the Yellow River Basin shall delineate no-sand-mining areas and periods in accordance with the law and release them to the public. It is forbidden to carry out sand mining activities in no-sand-mining areas and periods in the Yellow River Basin.

Article 70 The relevant departments under the State Council shall, in conjunction with the provincial people's governments in the Yellow River Basin, strengthen the management of the backbone reservoir areas along the main stream and tributaries of the Yellow River, such as the Longyang Gorge, Liujia Gorge, and Sanmen Gorge, Xiaolangdi, Guxian, Luhun, Hekou Village, etc., scientifically control the water levels of reservoirs, and strengthen water and soil conservation, ecological protection, and prevention and control of geological disasters in the reservoir areas.

Aquaculture in the reservoir areas of the Sanmen Gorge, Xiaolangdi, Guxian, Luhun, and Hekou Village shall satisfy the requirements of water and sediment control and flood control, and it is prohibited to use net cages, seine nets and river-blocking nets for aquaculture.

Article 71 The people's governments of cities in the Yellow River Basin shall coordinate urban flood control and drainage work, strengthen the construction and management of urban flood control and drainage facilities, improve the monitoring and early warning mechanism for urban flood disasters, improve the urban disaster prevention and mitigation system, and enhance capacities for urban flood prevention and response.

The people's governments of cities in the Yellow River Basin and their relevant departments shall intensify publicity, education, and social mobilization for the prevention of flood disasters, organize and carry out emergency drills on a regular basis, and enhance public awareness of prevention.

 

Chapter VI

Pollution Prevention and Control

Article 72 The state shall make more efforts to deal with agricultural non-point source pollution, industrial pollution as well as both urban and rural household pollution, among others, in the Yellow River Basin by taking comprehensive and systematic measures to address their root causes, and promote the comprehensive protection of the environment of key rivers and lakes.

Article 73 The department in charge of ecology and environment under the State Council shall formulate the water environment quality standards for the Yellow River Basin. It may make supplementary provisions for the items not specified in the national water environment quality standards and more stringent provisions for what is already specified in the national water environment quality standards. The opinions of the relevant departments under the State Council and the relevant provincial people's governments shall be solicited in formulating the water environment quality standards for the Yellow River Basin.

The provincial people's governments in the Yellow River Basin may develop local water environment quality standards that are more stringent than those for the Yellow River Basin. Such standards shall be submitted to the department in charge of ecology and environment under the State Council for the record.

Article 74 The provincial people's governments in the Yellow River Basin shall develop supplementary local standards for the water pollutant discharge for the special industries or 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 the state has specific requirements, and shall submit them to the department in charge of ecology and environment under the State Council for the record.

Under any of the following circumstances, the provincial people's governments in the Yellow River Basin shall formulate their local water pollutant discharge standards that are more stringent than the national water pollutant discharge standards, and submit them to the department in charge of ecology and environment under the State Council for the record:

    (1) when there is industrial agglomeration and environmental problems related to water are acute;

    (2) when the existing water pollutant discharge standards fail to meet the water environment quality requirements of the Yellow River Basin; and

    (3) when the water environment in the basin or region is so complicated that the uniform water pollutant discharge standards are not applicable.

Article 75 The department in charge of ecology and environment under the State Council shall determine the indicators of the total discharge for key water pollutants in all provincial administrative areas in the Yellow River Basin in accordance with the goals of improving the water environment quality and the requirements for water pollution prevention and control. Where the water environment quality is not up to standard in a water function zone in the Yellow River Basin, the department in charge of ecology and environment under a provincial people's government shall implement more stringent measures to reduce the total discharge of water pollutants, and ensure that the water environment quality meets the standard within a prescribed time limit. Enterprises and public institutions that discharge water pollutants shall take measures to control the total discharge of water pollutants as required.

The local people's governments at or above the county level in the Yellow River Basin shall strengthen and coordinate the construction of environmental infrastructure such as facilities for sewage and solid waste collection, treatment and disposal, guarantee their normal operation, promote the renovation of toilets in rural areas, and the disposal of domestic waste and sewage treatment in accordance with actual local circumstances, and clean up black, odorous water bodies.

Article 76 The construction, reconstruction, or expansion of sewage outlets in any river or lake in the Yellow River Basin shall be approved by the department in charge of ecology and environment with the authority or the Yellow River Basin Eco-Environmental Supervision and Administration Authority. In examining and approving the construction, reconstruction, or expansion of sewage outlets that may affect flood control, water supply, dike safety, or river regime stability, the opinions of the departments in charge of water resources under the local people's governments at or above the county level or the Yellow River Basin Administrative Authority shall be solicited.

For the water function zones in the Yellow River Basin where the water environment quality is not up to standard, the construction, reconstruction, or expansion of sewage outlets shall be strictly controlled, except for the sewage outlets of important projects for people's wellbeing such as the centralized sewage treatment facilities in both urban and rural areas.

The local people's governments at or above the county level in the Yellow River Basin shall organize the investigation and rectification of sewage outlets on rivers and lakes in their respective administrative areas, clarify the responsible entities, and conduct categorized management.

Article 77 The local people's governments at or above the county level in the Yellow River Basin shall organize surveys and assessments of the major groundwater pollution sources along rivers and lakes, such as landfill sites, gas stations, oil depots, mines, tailings ponds, hazardous waste disposal sites, chemical parks and projects, etc., as well as organize surveys and assessments of the potential environmental risks related to groundwater in their surrounding areas, and take risk prevention and control measures accordingly.

The department in charge of ecology and environment under a local people's government at or above the level of a city divided into districts in the Yellow River Basin shall, in consultation with the relevant departments under the people's government at the corresponding level, formulate and issue the list of major pollutant discharge entities for the prevention and control of groundwater pollution. Such entities shall install automatic devices for monitoring water pollutant discharge in accordance with the law, link such devices to the monitoring devices of the department in charge of ecology and environment, and guarantee the normal operation of their monitoring devices.

Article 78 The department in charge of ecology and environment under a provincial people's government in the Yellow River Basin shall, in conjunction with the department in charge of water resources, the department in charge of natural resources, and other relevant departments under the people's government at the corresponding level, delineate the key areas for groundwater pollution prevention and control in accordance with the needs for groundwater pollution prevention and control in its administrative area, and specify the management requirements for eco-environmental permits, hidden hazard investigation, and risk control, among others.

The local people's governments at or above the county level in the Yellow River Basin shall strengthen the supervision and administration of groundwater pollution prevention and control in oil and gas exploitation areas. Where coalbed methane, tight gas, or other unconventional natural gas is exploited in the Yellow River Basin, the fracturing fluid and produced water therefrom shall be treated and disposed of without polluting soil and groundwater.

Article 79 The local people's governments at or above the county level in the Yellow River Basin shall strengthen the protection of soil ecology and environment in the Yellow River Basin, prevent new soil pollution, and promote soil pollution risk control and remediation by categories in accordance with actual local conditions.

The local people's governments at or above the county level in the Yellow River Basin shall strengthen the prevention and control of environmental pollution caused by solid wastes in the basin, and organize the joint prevention and control of illegal transfer and dumping of solid wastes.

Article 80 The department in charge of ecology and environment under the State Council shall regularly organize surveys and monitoring of toxic and hazardous chemicals in the atmosphere, water bodies, soil and organisms in the Yellow River Basin, and shall, in conjunction with the department in charge of health and other competent departments under the State Council, carry out environmental risk assessment and control of toxic and hazardous chemical substances in the Yellow River Basin.

The department in charge of ecology and environment and other competent departments under the State Council as well as the local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall strengthen the control and treatment of new pollutants such as persistent organic pollutants.

Article 81 The local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall strengthen their control of the total use of pesticides, fertilizers, and other agricultural inputs, provide better guidance and technical services for their use, promote advanced and applicable technologies such as green prevention and control of diseases and pests, recycle irrigation return flows in irrigation districts, and reinforce the monitoring and early warning of agricultural pollution sources.

The agricultural producers and operators in the Yellow River Basin shall use agricultural inputs, such as pesticides, fertilizers and veterinary drugs, in a scientific and rational manner, treat and dispose of the packaging wastes of agricultural inputs, agricultural films, and other agricultural wastes in a scientific manner, comprehensively utilize crop straws, and enhance the prevention and control of pollution from livestock husbandry, poultry farming, and aquaculture.

 

Chapter VII

Promoting High-Quality Development

Article 82 To promote the high-quality development of the Yellow River Basin, the new development philosophy shall be adhered to, the green transformation shall be accelerated, and the regional economy and productivity layout shall be optimized and adjusted on the premise of ecological protection.

Article 83 The relevant departments under the State Council and the local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall work together to implement the strategy for ecological protection and high-quality development of the Yellow River Basin, the rural revitalization strategy, the strategy for new urbanization, and the regional coordinated development strategies such as the rise of Central China and the development of Western China, coordinate infrastructure construction and industrial development in urban and rural areas, improve the urban and rural living environment, improve the basic public service system, and promote the integrated development of urban and rural areas.

Article 84 The relevant departments under the State Council and the local people's governments at or above the county level in the Yellow River Basin shall strengthen the regulation for the ecological environment and water resources, among others, strengthen the control of urban development boundaries, strictly control the establishment of various types of new development zones in the upper and middle reaches of the Yellow River Basin, promote the building of water-saving and sponge cities, and enhance the comprehensive carrying capacity and public service capacity of cities.

Article 85 The relevant departments under the State Council and the local people's governments at or above the county level in the Yellow River Basin shall make scientific plans for the layout of rural areas, coordinate ecological protection and rural development, strengthen the development of rural infrastructure, promote the integrated development of rural industries, encourage the use of green and low-carbon energies, accelerate the modernization of rural housing and village development, shape rural styles, and build a livable and beautiful countryside featuring an eco-friendly environment.

Article 86 The industrial structure and the layout of different industries in the Yellow River Basin shall be commensurate with the carrying capacity of the ecosystem, resources, and environment in the Yellow River Basin. The development of the projects with high water consumption, heavy pollution or high energy consumption in the Yellow River Basin shall be strictly restricted.

Clean production shall be carried out in industries such as coal, thermal power, iron and steel, coking, chemical industry, and nonferrous metals in the Yellow River Basin, and shall be subject to compulsory clean production examination in accordance with the law.

The local people's governments at or above the county level in the Yellow River Basin shall take measures to promote clean transformation by enterprises, organize the popularization and application of advanced and applicable technologies and equipment for industrial energy conservation and comprehensive utilization of resources, and improve the green manufacturing system.

Article 87 The state encourages the construction of new types of infrastructure in the Yellow River Basin to improve the infrastructure networks of transportation, water conservancy, energy, disaster prevention and mitigation, etc.

The local people's governments at or above the county level in the Yellow River Basin shall promote the high-quality development of the manufacturing industry and the transformation of resource-based industries, develop modern industries with distinctive features and advantages as well as clean and low-carbon energy sources in light of actual local conditions, promote the optimization and adjustment of the industrial structure, energy mix and transportation system, etc., and push forward efforts to achieve carbon peak and carbon neutrality.

Article 88 The state encourages and supports the development of high-standard farmland, modern animal husbandry bases, and germplasm resources and seed production bases in the Yellow River Basin, carries out the research, development and application of agricultural technologies for saline-alkali land according to actual local conditions, supports applications for the protection of products of local varieties with geographical indication, and develops the modern agricultural service industry.

The relevant departments under the State Council and the local people's governments at or above the county level in the Yellow River Basin shall organize the adjustment of the structure of agricultural industry, optimize the layout of agricultural industry, and develop agricultural industries with regional advantages, so as to serve the national food security strategy.

Article 89 The relevant departments under the State Council and the local people's governments at or above the county level in the Yellow River Basin encourage and support scientific and technological innovation in the Yellow River Basin, give guidance to the participation of private-sector capital in the development, popularization and application of scientific and technological achievements, and enhance the capacity for scientific and technological innovation in the Yellow River Basin.

The state supports the establishment, through the use of private-sector capital, of the fund for the commercialization of scientific and technological achievements in the Yellow River Basin, improves the investment and financing system for science and technology, and makes comprehensive use of government procurement, technical standards and incentive mechanisms, among others, to promote the commercialization of scientific and technological achievements.

Article 90 The local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall take effective measures to enhance both urban and rural residents' understanding of the ecology, environment, and resource endowment of their respective administrative areas, and provide support and guidance to the residents in developing a green and low-carbon lifestyle.

 

Chapter VIII

Protecting, Passing Down and Promoting the Yellow River Culture

Article 91 The department in charge of culture and tourism under the State Council shall, in conjunction with other relevant departments under the State Council, make and implement the plan for protecting, passing down and promoting the Yellow River culture, strengthen overall coordination, and promote the development of the Yellow River culture system.

The local people's governments at or above the county level in the Yellow River Basin as well as their departments in charge of culture and tourism and other relevant departments shall intensify efforts to protect, pass down and promote the Yellow River culture, and provide high-quality public cultural services, so as to enrich the spiritual and cultural life of both urban and rural residents.

Article 92 The department in charge of culture and tourism under the State Council shall, in conjunction with other relevant departments under the State Council and the provincial people's governments in the Yellow River Basin, organize and conduct research on the Yellow River culture and the history on the management and control of the Yellow River, and promote the creative transformation and innovative development of the Yellow River culture.

Article 93 The department in charge of culture and tourism under the State Council shall, in conjunction with other relevant departments under the State Council, organize and give guidance to the survey and identification of the Yellow River cultural resources, record and archive important cultural heritages, such as cultural relics, historic sites, intangible cultural heritage, and ancient books and documents, establish a basic database for the Yellow River cultural resources, and promote the integration and utilization of the Yellow River cultural resources and the availability and sharing of public data therefrom.

Article 94 The state shall strengthen the protection of famous cities, towns, and villages of historical and cultural significance, historical and cultural blocks, cultural relics, historic buildings, traditional villages, distinctive ethnic minority villages, water heritage such as ancient river courses, ancient dikes and irrigation projects, as well as farming cultural heritage and toponymic cultural heritage in the Yellow River Basin. The departments under the State Council in charge of housing and urban-rural development, culture and tourism, cultural relics, etc., as well as the relevant departments under the local people's governments at or above the county level in the Yellow River Basin shall strengthen supervision and administration according to the division of duties and under the principles of tiered protection and classified implementation.

The state shall strengthen the protection of intangible cultural heritage in the Yellow River Basin. The department in charge of culture and tourism and other relevant departments under the State Council, and the relevant departments under the local people's governments at or above the county level in the Yellow River Basin shall improve the system of the directory of representative intangible cultural heritage items in the Yellow River Basin, promote the construction of facilities to pass down and experience intangible cultural heritage, and intensify efforts to protect and pass down representative items.

Article 95 The state shall strengthen the protection of revolutionary cultural relics and remains in the Yellow River Basin, build the education bases for history of revolution and patriotism, and pass down and promote the red culture related to the Yellow River.

Article 96 The state shall build Yellow River National Cultural Park, coordinate the use of cultural heritage sites, museums, memorial halls, exhibition halls, education bases, water projects, and other resources, and comprehensively apply information technologies to systematically display the Yellow River culture.

The reform and development department and the department in charge of culture and tourism under the State Council shall organize the construction of the Yellow River National Cultural Park.

Article 97 The state shall take measures such as government procurement of services to support the participation of entities and individuals in providing public cultural services that reflect the characteristics of the Yellow River Basin, embody the spirit of the Yellow River culture, and are suitable for popularization and promotion.

The local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall organize the integration of Yellow River culture into urban and rural development and infrastructure construction, which includes the construction of water conservancy projects.

Article 98 The local people's governments at or above the county level in the Yellow River Basin shall focus on protecting, passing down and promoting the Yellow River culture, promote the development of the cultural industry, and intensify the deep integration of the cultural industry with agriculture, water conservancy, manufacturing, transportation, and the service industries.

The department in charge of culture and tourism under the State Council shall, in conjunction with other relevant departments under the State Council, coordinate resources such as the Yellow River culture, and the waterscape and waterworks in the basin for developing a belt region with the Yellow River culture for developing tourism. The departments in charge of culture and tourism under the local people's governments at or above the county level in the Yellow River Basin shall, in light of actual local conditions, develop tourism in their respective administrative areas as well as display and promote the Yellow River culture.

Tourism activities in the Yellow River Basin shall satisfy the requirements for flood control of the Yellow River and the management of rivers and lakes, and may not damage the ecology, environment or cultural heritage.

Article 99 The state encourages the creation of literary and artistic works with the theme of the Yellow River. The local people's governments at or above the county level in the Yellow River Basin shall strengthen their support and protection for creating such literary and artistic works.

The state shall strengthen the publicity of the Yellow River culture, promote the international communication of the Yellow River culture, and encourage and support the Yellow River cultural exchanges and cooperation activities, so as to enhance the influence of the Yellow River culture.

 

Chapter IX

Guarantee and Supervision

Article 100 The State Council and the local people's governments at or above the county level in the Yellow River Basin shall increase their financial input in ecological protection and high-quality development of the Yellow River Basin.

The State Council and the provincial people's governments in the Yellow River Basin shall allocate funds for ecological protection and high-quality development of the Yellow River Basin under the principle of dividing fiscal powers and expenditure responsibilities between the Central Government and local governments.

The state supports the establishment of a fund for ecological protection and high-quality development of the Yellow River Basin, which shall be used exclusively for the basin's ecological protection and restoration, conservation and efficient utilization of resources and energy, cultivation of strategic emerging industries, and efforts to protect, pass down and promote the Yellow River culture.

Article 101 The state shall implement tax policies that are conducive to water conservation, energy conservation, ecological and environmental protection, and comprehensive utilization of resources, and encourage the development of financial products such as green credit, bonds and insurance, so as to support ecological protection and high-quality development of the Yellow River Basin.

The state shall establish a price mechanism in the Yellow River Basin that is conducive to the conservation and efficient utilization of resource products such as water, power, and natural gas, and implement price policies for discouraging projects of the restricted category in industries with high resource consumption.

Article 102 The state shall establish a sound system to provide compensation for ecological protection in the Yellow River Basin.

The state shall increase fiscal transfer payments to provide compensation for the important ecological function zones in the Yellow River Basin. The specific measures shall be formulated by the finance department under the State Council in conjunction with other relevant departments under the State Council.

The state shall strengthen the overall guidance and coordination on the compensation for ecological protection among the administrative areas in the Yellow River Basin, guide and support the local people's governments in the upper and lower reaches of the Yellow River, on its left and right banks, and along its main stream and tributaries in providing horizontal compensation for ecological protection in multiple forms such as financial compensation and industry support through negotiation or based on market rules.

The state encourages the use of private-sector capital to establish market-oriented funds to provide compensation for ecological protection in the Yellow River Basin. The state supports the market-oriented trading of water rights in the Yellow River Basin.

Article 103 The state shall implement a responsibility system and performance evaluation system for ecological protection and high-quality development of the Yellow River Basin. The people's governments shall assess the fulfillment of ecological protection and high-quality development goals by people's governments at lower levels, such as the implementation of compulsory constraint and control requirements for water resources and water and soil conservation.

Article 104 The relevant departments under the State Council, the relevant departments under the local people's governments at or above the county level in the Yellow River Basin, the Yellow River Basin Administrative Authority and its subordinate administrative agencies, and the Yellow River Basin Eco-Environmental Supervision and Administration Authority shall, according to the division of duties,  supervise and inspect all kinds of production, living, development, construction and other activities in the Yellow River Basin, investigate and punish illegal acts in accordance with the law, publish the information about the protection of the Yellow River, improve procedures for public participation, and provide convenience for entities and individuals to participate in and supervise the protection of the Yellow River.

Entities and individuals shall have the right to access information on the protection of the Yellow River in accordance with the law, and have the right to report or file charges against illegal acts.

Article 105 The relevant departments of the State Council, the local people's governments at or above the county level in the Yellow River Basin and their relevant agencies, the Yellow River Basin Administrative Authority and its subordinate administrative agencies, and the Yellow River Basin Eco-Environmental Supervision and Administration Authority shall improve their capacities for supervising and administering the protection of the Yellow River, enhance the level of science and technology and information technology for such protection, establish a coordination mechanism for law enforcement, and carry out joint law enforcement in cases involving more than one administrative areas, cases involving ecologically sensitive areas, and cases involving major violations of law.

The state shall strengthen judicial safeguards in the Yellow River Basin, organize judicial collaboration in the basin, promote the coordination and cooperation between administrative law enforcement organs and judicial organs, and encourage relevant entities to provide legal services for ecological and environmental protection in the Yellow River Basin.

Article 106 The relevant departments under the State Council and the provincial people's governments in the Yellow River Basin may interview the principal leaders of the local people's governments at or above the county level and their relevant departments in the areas where the protection of the Yellow River is ineffective, the problems are prominent, and public complaints are concentrated, and require them to take measures to make rectifications in a timely manner. The information on the interviews and rectifications shall be disclosed to the public.

Article 107 The State Council shall, on a periodical basis, report to the Standing Committee of the National People's Congress on ecological protection and high-quality development of the Yellow River Basin.

A local people's government at or above the county level in the Yellow River Basin shall, on a periodical basis, report to the people's congress at the corresponding level or its standing committee on its efforts concerning ecological protection and high-quality development of the Yellow River Basin.

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