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

Chapter I General Provisions

Article 1

This Law is formulated in order to strengthen ecological and environmental protection in the Yellow River Basin, strengthen flood control in this area, promote the conservation and efficient utilization of water resources, advance high-quality development, protect, pass down and promote Yellow River culture, ensure harmony between humans and nature, and achieve the sustainable development of the Chinese nation.

Article 2

This Law applies to all kinds of activities for ecological protection and high-quality development in the Yellow River Basin. If this Law is silent, the provisions of other relevant laws shall apply.

The Yellow River Basin referred to in this Law covers the county-level administrative areas of Qinghai Province, Sichuan Province, Gansu Province, the Ningxia Hui Autonomous Region, the Inner Mongolia Autonomous Region, and Shanxi Province, Shaanxi Province, Henan Province and Shandong Province in the catchment area formed by the main stream, tributaries and lakes of the Yellow River.

Article 3

The work of ecological protection and high-quality development in the Yellow River Basin shall be conducted under the leadership of the Communist Party of China, meet the requirements to focus on protection and governance, strengthen pollution prevention and control, and embrace the principles of prioritizing ecological protection, pursuing green development, promoting development based on conditions of water resources, paying more attention to water conservation, adopting different policies for different fields based on local conditions, making overall plans and advancing them in a collaborative way.

Article 4

The state establishes an overall coordination mechanism for ecological protection and high-quality development in the Yellow River Basin (hereinafter referred to as the "Yellow River Basin Overall Coordination Mechanism") to provide comprehensive guidance and overall coordination for ecological protection and high-quality development in the Yellow River Basin, review major policies, plans, and projects related to the Yellow River Basin, coordinate major issues across regions and departments, and supervise and inspect the implementation of relevant important works.

The provinces and autonomous regions in the Yellow River Basin may, as needed, establish province-level coordination mechanisms to organize and coordinate ecological protection and high-quality development within their respective administrative areas.

Article 5

The relevant departments under the State Council shall, in accordance with the division of responsibilities, take charge of the relevant work related to ecological protection and high-quality development in the Yellow River Basin.

The Yellow River Conservancy Commission of the department in charge of water resources under the State Council (hereinafter referred to as the "Yellow River Basin Administrative Authority") and its subordinate administrative agencies shall perform their water resources supervision and administration duties in the Yellow River Basin in accordance with the law and provide support for the work concerning the Yellow River Basin Overall Coordination Mechanism.

The Yellow River Basin Eco-Environmental Supervision and Administration Authority of the department in charge of ecology and environment under the State Council (hereinafter referred to as the "Yellow River Basin Eco-Environmental Supervision and Administration Authority") shall conduct eco-environmental supervision and administration in the Yellow River Basin in accordance with the law.

Article 6

The local people's governments at or above the county level in the Yellow River Basin shall be responsible for ecological protection and high-quality development within their respective administrative areas.

The relevant departments of the local people's governments at or above the county level in the Yellow River Basin shall, in accordance with the division of responsibilities, take charge of the relevant work related to ecological protection and high-quality development of the Yellow River Basin within their respective administrative areas.

The relevant local authorities in the Yellow River Basin shall, based on their needs, strengthen coordination with each other for the formulation of local regulations, local government rules, local plans, and supervision and law enforcement, etc., so as to advance ecological protection and high-quality development in the Yellow River Basin in a collaborative way.

An inter-provincial joint meeting of river and lake chiefs shall be established in the Yellow River Basin. River or lake chiefs at all levels shall take charge of river or lake management and protection.

Article 7

Departments under the State Council respectively in charge of water resources, ecology and environment, natural resources, housing and urban-rural development, agriculture and rural affairs, development and reform, emergency management, forestry and grassland, culture and tourism, and standardization, etc. shall, in accordance with the division of responsibilities, establish sound standards for the conservation and efficient use of water resources, water and sediment control, flood control and drought relief, soil and water conservation, hydrology, water environment quality, pollutant discharge, ecological protection and restoration, survey, monitoring and evaluation of natural resources, biodiversity conservation, and cultural heritage protection in the Yellow River Basin.

Article 8

The state shall implement a rigid restriction system on the use of water resources in the Yellow River Basin, persist in planning urban development, land use, population, and production based on water availability, improve the development and protection of territorial space, promote the scientific and reasonable distribution of population and cities, and develop modern industries compatible with the carrying capacity of water resources.

The local people's governments at or above the county level in the Yellow River Basin shall organize the implementation of the rigid restriction system on the use of water resources within their respective administrative areas in accordance with the relevant regulations issued by the state.

Article 9

The state shall improve water conservation and water efficiency in agriculture, strengthen water conservation and emission reduction in industry, and enhance water conservation and loss reduction in urban areas, encourage and promote the use of advanced water-saving technologies to accelerate the adoption of a water-saving production mode and lifestyle, effectively conserve and efficiently use water resources, and build a water-saving society.

Article 10

The state shall coordinate the development of flood control systems along the main stream and tributaries of the Yellow River, enhance the synergy of intra-basin and inter-basin flood control systems, promote the coordinated efforts by the upper, middle, and lower reaches of the Yellow River in flood control, drought relief and ice jam flood control, build a sound and efficient comprehensive system for flood control and disaster risk reduction, and organize the assessment in due time, in order to effectively enhance the capacity of the Yellow River Basin to prevent and control flood, waterlogging, and other disasters.

Article 11

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

The department in charge of wildlife protection under the State Council shall regularly organize surveys of wildlife and their habitats in the Yellow River Basin or organize special surveys as needed, establish wildlife resource files, and keep the public abreast of the wildlife resources condition in the Yellow River Basin.

The department in charge of ecology and environment under the State Council shall regularly organize assessments of ecological conditions in the Yellow River Basin and keep the public abreast of the ecological condition in the Yellow River Basin.

The department in charge of forestry and grassland under the State Council shall, in conjunction with other relevant departments under the State Council, organize surveys and monitoring of the land desertification in the Yellow River Basin, and publicize the results thereof on a regular basis.

The department in charge of water resources under the State Council shall organize surveys and monitoring of soil erosion in the Yellow River Basin and publicize the results thereof on a regular basis.

Article 12

The Yellow River Basin Overall Coordination Mechanism shall coordinate relevant departments under the State Council and the people's governments at the provincial level in the Yellow River Basin to improve the monitoring networks for the ecology and environment, natural resources, hydrology, sediment, desertification, soil and water conservation, natural disasters and meteorology in the Yellow River Basin on the basis of the existing monitoring stations and projects.

The relevant departments under the State Council, the local people's governments at or above the county level in the Yellow River Basin and their relevant departments shall, in accordance with the division of responsibilities, improve the eco-environmental risk report and early warning mechanisms.

Article 13

The state shall strengthen the prevention and emergency preparedness, monitoring and early warning, emergency response and rescue, and post-disaster recovery and reconstruction systems for natural disasters in the Yellow River Basin, maintain the safety of relevant projects and facilities, and control, mitigate and eliminate hazards caused by natural disasters.

The department in charge of ecology and environment under the State Council shall, in conjunction with the relevant departments under the State Council and the people's governments at the provincial level in the Yellow River Basin, establish a sound joint ecological and environmental emergency response mechanism for the Yellow River Basin as part of the national emergency response system, to strengthen the ecological and environmental incident response.

In case of severe droughts, the flow rate at provincial boundaries or key sites dropping down to a low-flow alert level, reservoir operation failures, major water pollution events, or the like that may cause a water supply crisis or the drying up of the Yellow River, the Yellow River Basin Administrative Authority shall organize emergency water diversion.

Article 14

The Yellow River Basin Coordination Mechanism shall establish an expert advisory committee for ecological protection and high-quality development of the Yellow River Basin to provide professional consultation on major policies, plans, projects and scientific and technological issues concerning the Yellow River Basin.

The relevant departments under the State Council and the provincial people's governments in the Yellow River Basin and their relevant departments shall, in accordance with the division of responsibilities, organize third-party assessment, analysis and demonstration of impacts on the ecosystems of the Yellow River Basin by construction projects, plans for important infrastructure and industry layout.

Article 15

The Yellow River Basin Coordination Mechanism shall coordinate the efforts of the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin to establish a sound Yellow River Basin information sharing system, and organize the development of a smart Yellow River information sharing platform in order to make its management more scientific. The relevant departments of the State Council and the provincial people's governments in the Yellow River Basin and their relevant departments shall share information on the ecology and environment, natural resources, soil and water conservation, flood control, administration and law enforcement in the Yellow River Basin in accordance with the relevant state regulations.

Article 16

The state encourages and supports research on major scientific and technological problems on ecological protection and restoration, conservation and efficient use of water resources, sediment movement as well as water and sediment management and control, desertification prevention and control, comprehensive use of sediment, river dynamics and riverbed evolution, soil and water conservation, hydrology, climate, and pollution prevention and control in the Yellow River Basin, strengthens innovation through collaboration, advances research on key technologies, extends the application of advanced and applicable technologies and gives better play to the role of technological innovation.

Article 17

The state shall strengthen efforts to protect, pass down and promote Yellow River culture, systematically protect the cultural heritage of the Yellow River, study the development of Yellow River culture, elaborate on the spirit of the Yellow River culture and its relevance to the present times, and forge a strong sense of community for the Chinese nation.

Article 18

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 strengthen the publicity and education on ecological protection and high-quality development in the Yellow River Basin.

The news media shall publicize and report ecological protection and high-quality development in the Yellow River Basin in various forms, and conduct public oversight on illegal acts in accordance with the law.

Article 19

The state encourages and supports entities and individuals to participate in activities for ecological protection and high-quality development in the Yellow River Basin.

Entities and individuals that have made outstanding contributions to ecological protection and high-quality development in the Yellow River Basin shall be commended and awarded in accordance with the relevant regulations stipulated by the state.

Chapter II Planning and Control

Article 20

The state establishes a planning system for the Yellow River Basin that is guided by the national development plan, based on the spacial plans, and supported by special and regional plans, and gives play to the leading, guiding, and binding role of planning to promote ecological protection and high-quality development in the Yellow River Basin.

Article 21

The State Council and the local people's governments at or above the county level in the Yellow River Basin shall incorporate ecological protection and high-quality development in the Yellow River Basin into their 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 plan for ecological protection and high-quality development in the Yellow River Basin, and implement it with the approval of the State Council.

Article 22

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

The local people's governments at or above the county level in the Yellow 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 23

The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin, formulate comprehensive plans, water resources plans, and flood control plans and other plans for the Yellow River Basin in accordance with the law and the principles of unified planning, management and diversion, to make arrangements for the conservation, protection, development and utilization of water resources and the prevention and control of water hazards.

Plans for ecological and environmental protection in the Yellow River Basin, among others, shall be formulated in accordance with the relevant provisions of laws and administrative regulations.

Article 24

The formulation of the plans for national economic and social development, the master land and space plans, and major industrial policies shall be compatible with the conditions of water resources and the requirements for flood control in the Yellow River Basin, and be subject to scientific feasibility studies.

Where any special plan for the development of industry, agriculture, livestock industry, forestry and grassland, energy, transportation, tourism, natural resources, etc. or any plan for development zones or new areas in the Yellow River Basin, involves the development and utilization of water resources, it shall be subject to feasibility studies of water resources. Authorities having the power to examine and approve such plans may not approve any plan that has not undergone such studies or fails to meet the index for the mandatory restriction and control of water resources use.

Article 25

The state exercises strict control over the use of land and space in the Yellow River Basin. The department in charge of natural resources of the local people's governments at or above the county level in the Yellow River Basin shall, in accordance with the land and space plans, manage the land and space in the Yellow River Basin according to different zoning and classes.

Land and space development and utilization activities in the Yellow River Basin shall comply with the requirements for land and space use control, and planning permission shall be obtained in accordance with the law for these activities.

Occupation of the permanent basic farmland in violation of the relevant regulations stipulated by the state and without the approval of the State Council shall be prohibited. Occupation of cultivated land for non-agricultural purposes without authorization shall be prohibited. Conversion of cultivated land into forest land, grassland, garden land or any other type of agricultural land shall be strictly controlled.

The local people's governments at or above the county level in the Yellow River Basin shall strictly control the construction of new artificial waterscapes in the Yellow River Basin in such forms as artificial lakes and artificial wetlands, while the Yellow River Basin Coordination Mechanism shall organize relevant departments to strengthen the supervision and administration thereof.

Article 26

The provincial people's governments in the Yellow River Basin shall, based on the ecology, environment and resource utilization in their respective administrative areas, prepare ecological and environmental zoning control plans and ecological and environmental permit lists in accordance with the requirements for ecological protection redlines, the environmental quality bottom line and the upper limit for resource utilization, and implement them after reporting to the department in charge of ecology and environment under the State Council for the record. Such control plans and access lists shall be coordinated with the spacial plans.

It is forbidden to construct or expand chemical parks and chemical projects within the control scopes from the shorelines of the main stream and tributaries of the Yellow River. It is forbidden to construct, reconstruct, or expand tailings ponds within the control scopes from the shorelines of the main stream or important tributaries of the Yellow River, except for the reconstruction for the purpose of enhancing safety or ecological and environmental protection.

The catalogue of the main stream and tributaries of the Yellow River and the control scopes from their shorelines shall be determined and published by the departments in charge of water resources, natural resources, and ecology and environment under the State Council in accordance with the division of their duties and in conjunction with the provincial people's governments in the Yellow River Basin.

Article 27

The hydropower development in the Yellow River Basin shall be subject to scientific feasibility studies and comply with the national development plans, the comprehensive plans for the Basin and the requirements of ecological protection. Where small hydropower projects that have been built in the Yellow River Basin fail to 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 gradually phase them out.

Article 28

The Yellow River Basin Administrative Authority shall coordinate the goals of flood control and silt reduction, urban and rural water supply, ecological protection, irrigation water use, hydropower generation, etc., build an integrated coordination system for water resources, water and sediment, and flood and ice jam flood control, conduct a unified operation of water controlling projects along the main stream and tributaries of the Yellow River, ensure water safety in the Basin and give full play to the comprehensive benefits of water resources.

Chapter III Ecological Protection and Restoration

Article 29

The state shall strengthen ecological protection and restoration in the Yellow River Basin, adhere to a holistic approach to protect and restore mountains, rivers, forests, farmlands, lakes, grasslands and deserts, and conduct systematic restoration that focuses on natural restoration and combines natural restoration with assisted restoration.

The department in charge of natural resources under the State Council shall, in conjunction with the relevant departments under the State Council, formulate plans for the ecological restoration of the land and space in the Yellow River Basin, organize the implementation of major ecological restoration projects, and coordinate and promote ecological protection and restoration in the Yellow River Basin.

Article 30

The state shall strengthen the protection of water source conservation areas of the Yellow River, as well as the glaciers on snow-capped mountains, plateau permafrost, alpine meadows, grasslands, wetlands, deserts, spring areas, etc., which serve as the sources of the main stream and tributaries of the Yellow River or are in its water source conservation areas.

It is forbidden to carry out mining, sand mining, fishing and other activities within the management areas for the rivers and lakes in the upper reaches of the Yellow River, such as the Yueguzongliequ, Gyaring Lake, Ngoring Lake, and the Madoi River-Lake Cluster, so as to maintain the natural state of the rivers and lakes.

Article 31

The State Council and the provincial people's governments in the Yellow River Basin shall, in accordance with the law, delimit public welfare forests in key ecological function areas and ecologically fragile areas, and implement strict management and protection thereof. Where supplemental irrigation is needed, water for irrigation shall be provided as appropriate within the carrying capacity of water resources.

The department in charge of forestry and grassland under the State Council shall, in conjunction with the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin, strengthen the guidance on the protection and restoration of natural forests, wetlands and grasslands in the key ecological function areas in the Yellow River Basin and on the management of desertified land.

The local people's governments at or above the county level in the Yellow River Basin shall adopt measures such as building shelter forests, prohibiting grazing for the restoration of grassland, launching projects to prevent windstorms and fixing sand at the edge of desert, closing off desertified land for protection, and preventing and controlling rat infestation to enhance the protection and restoration of natural forests, wetlands, and grasslands in the key ecological function areas in the Yellow River Basin, prevent and control desertification on a large scale, manage desertified land in a scientific way, and launch ecological restoration projects in key areas such as the Hetao Plain, the lake shrinkage and degradation areas of the Inner Mongolia Plateau, the desertification areas of the Loess Plateau, and the Fenwei Plain.

Article 32

The state shall strengthen the prevention and control of soil erosion in key soil erosion prevention and control areas such as Ziwuling-Liupan Mountains, the northern foot of the Qinling Mountains, Helan Mountain, Baiyu Mountain and Longzhong in the Yellow River Basin, and the source areas of important tributaries of the Yellow River, such as Weihe River, Taohe River, Fenhe River, and Yiluo River. To prevent and control soil erosion, biological and engineering measures shall be taken scientifically in light of actual circumstances.

It is forbidden to reclaim land on slopes of 25° or greater for crop cultivation. The provincial people's governments in the Yellow River Basin may, in light of the actual circumstances of their respective administrative areas, forbid land reclamation on slopes of less than 25°. The areas of the steep slopes that are forbidden to be reclaimed shall be determined and made public by the local people's governments at the county level.

Article 33

The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council, strengthen the protection and improvement of the ecologically fragile areas in the Yellow River Basin, such as Pisa sandstone areas, sandy and coarse sand areas, water-wind erosion crisscross areas, and areas where desert enters the rivers, assess soil erosion and water loss, and carry out key prevention and control projects.

The local people's governments at or above the county level in the Yellow River Basin shall organize and facilitate key water and soil conservation projects such as taking comprehensive measures to deal with small watersheds and slope farmland, protecting and treating the tableland of the Loess Plateau, and adopting suitable vegetation embellishment; take protective measures for the tableland, gully heads, gully slopes, and gully channels; and intensify the treatment of sandy and coarse-sand areas and make the basin ecological and clean.

The state supports whole-gully treatment in the upper and middle reaches of the Yellow River Basin. Advance planning, systematic restoration, overall protection, adoption of measures suitable to local conditions, comprehensive treatment, and integrated efforts shall be adhered to in the whole-gully treatment.

Article 34

The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council, formulate standards or technical specifications for the construction and maintenance of warping dams and improve the system for their construction, management and safe operation.

The local people's governments at or above the county level in the Yellow River Basin shall organize and carry out the construction of warping dams in accordance with local conditions, move faster to reduce risks of and reinforce dangerous or dilapidated warping dams and to upgrade and renovate old warping dams, build safety monitoring and early warning facilities, incorporate warping dam flood control projects into the local flood control responsibility system, fulfill the management and protection responsibilities, improve the maintenance, and reduce siltation in the lower reaches.

It is forbidden to damage warping dams or occupy warping dams without authorization.

Article 35

It is forbidden to carry out production and construction activities that may cause soil erosion in areas in the Yellow 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 livelihoods, it shall be subject to scientific feasibility studies and go through the examination and approval procedures in accordance with the law.

Production and construction entities shall make soil and water conservation plans in accordance with the law and implement them upon approval.

Soil erosion caused by production and construction activities shall be addressed up in accordance with the relevant standards for prevention and control of soil erosion as prescribed by the state.

Article 36

The department in charge of water resources under the State Council shall, in conjunction with the relevant departments under the State Council and the people's government of Shandong Province, formulate and implement a plan for the protection of the estuary of the Yellow River, make a rational layout on the seaward flow paths of the Yellow River, strengthen the management of the estuary, ensure the smooth flow of the river into the sea and the safety of the estuary against flood and ice jam flood, conduct ecological water supplementation to the Qingshuigou and Diaokou rivers, and maintain the ecological functions of the estuary.

The departments in charge of natural resources and forestry and grassland under the State Council shall, in conjunction with the relevant departments under the State Council and the people's government of Shandong Province, organize efforts to carry out ecological protection and restoration of wetlands in the Yellow River Delta, promote in a well-regulated manner the process of returning ponds to rivers and returning farmland to wetlands or floodplain land, strengthen the prevention and control of invasive alien species, and reduce the impact of oil and gas exploration, reclamation and aquaculture, and port shipping on the ecosystems of the estuary.

It is forbidden to encroach on alternate seaward flow paths of the Yellow River, such as the Diaokou River.

Article 37

When the department in charge of water resources under the State Council defines the control indicators for the ecological flows of control sections of the main stream and important tributaries of the Yellow River and those for the ecological water levels of important lakes, it shall solicit and study the opinions of the department in charge of ecology and environment, the department in charge of natural resources and other competent departments under the State Council. When the departments in charge of water resources under the provincial people's governments in the Yellow River Basin define the control indicators for the ecological flows of other rivers and the ecological water levels of other lakes, they shall solicit and study the opinions of the departments in charge of ecology and environment, the departments in charge of natural resources and other competent departments under the people's governments at the same level and submit the control indicators to the Yellow River Basin Administrative Authority and the Yellow River Basin Eco-Environmental Supervision and Administration Authority for the record. To determine the control indicators for ecological flows and ecological water levels, scientific feasibility studies shall be conducted with consideration given to factors such as water resources conditions, climate situations, the requirements for ecological and environmental protection, and the conditions of domestic water demand and water consumption for production purposes.

The Yellow River Basin Administrative Authority and the departments in charge of water resources under the provincial people's governments in the Yellow River Basin shall, according to the division of duties, organize the preparation and implementation of the plans for guaranteeing ecological flows and ecological water levels.

For water projects on the main stream and important tributaries of the Yellow River, the allocation of ecological water shall be incorporated into the daily operation and allocation rules.

Article 38

The state shall coordinate the establishment of a system of protected natural areas in the Yellow River Basin. The State Council and the provincial people's governments in the Yellow River Basin shall establish national parks, nature reserves, nature parks and other protected natural areas in accordance with the law in the areas with complete distribution of key typical ecosystems, ecologically and environmentally sensitive areas, areas with the natural concentration of precious and endangered wild animals and plants, important habitats of precious and endangered wild animals and plants, and important areas of natural relics in the Yellow River Basin.

Where the construction and management of protected natural areas involve the management areas of rivers and lakes, the need for the protection of rivers and lakes shall be taken into overall consideration, the requirements for flood control shall be met, and the construction and management of flood control projects shall be guaranteed.

Article 39

The department in charge of forestry and grassland and the department in charge of agriculture and rural affairs under the State Council shall, in conjunction with the relevant departments under the State Council and the provincial people's governments in the Yellow River Basin and in accordance with the division of duties, protect wild animals and plants whose population has dropped sharply or that are critically endangered in the Yellow River Basin; protect and restore severely damaged habitats, areas with natural concentration of wild animals and plants, and fragmented typical ecosystems in the Yellow River Basin, construct ex-situ conservation facilities, establish gene banks of wild animal and plant genetic resources, and carry out emergency measures for restoration.

The department in charge of ecology and environment under the State Council and the local people's governments at or above the county level in the Yellow River Basin shall organize the protection and management of biodiversity in the Yellow River Basin, and regularly assess the status of threatened organisms and the achievements made in biodiversity restoration.

Article 40

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

Article 41

The state shall protect the aquatic germplasm resources and precious endangered species in the Yellow River Basin, and support the development of aquatic germplasm resource conservation areas and artificial breeding bases for wild animals under special state protection.

It is forbidden to breed and release alien species and other germplasm resources of non-native species in the open waters in the Yellow River Basin.

Article 42

The state shall strengthen ecological protection and restoration of important habitats such as spawning, feeding or wintering grounds, or migration routes for aquatic species in the Yellow River Basin. For the water-related projects that are obstructing the migration of aquatic species such as fish, various measures shall be taken to meet the ecological needs of aquatic species according to the actual circumstances, such as the construction of fish passage facilities, the connection of rivers and lakes, multiplication and release, and artificial breeding.

The state shall implement a system of closed fishing seasons in key waters in the Yellow River Basin, during which the fishing of natural fishery resources in the key waters in the Yellow River Basin is prohibited. The specific measures therefor shall be formulated by the department in charge of agriculture and rural affairs under the State Council. The local people's governments at or above the county level in the Yellow River Basin shall guarantee the livelihoods of the fishermen during the closed fishing seasons in accordance with the relevant regulations specified by the state.

Fishing activities that destroy fishery resources and the water ecology, such as electrocuting, poisoning fish, and blast fishing, shall be prohibited.

Article 43

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, organize the demarcation of and make public the groundwater overexploitation 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 of the people's governments at the same level, make plans for comprehensive treatment and control of groundwater overexploitation within their respective administrative areas, and, upon approval by the provincial people's governments, submit such plans to the department in charge of water resources under the State Council for the record.

Article 44

The local people's governments at or above the county level in the Yellow River Basin shall organize the ecological restoration of degraded agricultural land and carry out the comprehensive treatment and management of farmland.

Land in the Yellow River Basin damaged by production and construction activities shall be reclaimed by the entities that launch the production and construction projects. Where the obligor of land reclamation cannot be determined due to historical reasons or the land is damaged by natural disasters, the local people's governments at or above the county level in the Yellow River Basin shall organize the reclamation.

The local people's governments at or above the county level in the Yellow River Basin shall strengthen the supervision and administration of mines, urge the mining right holders to fulfill their responsibilities for the prevention and control of mine pollution and ecological restoration, and, according to local conditions, take various measures, such as eliminating hidden geological hazards, reclaiming land, restoring vegetation, preventing and controlling pollution, and organizing the ecological restoration of abandoned mines.

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.

Chapter X Legal Liability

Article 108

Where any relevant department of the State Council, local people's government at or above the county level in the Yellow River Basin and its relevant department, the Yellow River Basin Administrative Authority and its subordinate administrative agency, or the Yellow River Basin Eco-Environmental Supervision and Administration Authority, in violation of the provisions of this Law, commits any of the following acts, the directly responsible persons in charge and other directly responsible persons shall be given sanctions such as warnings, demerits, serious demerits or demotions; where serious consequences are caused, the violators shall be given the sanction 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 license are not met;

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

(3) failing to investigate and deal with an illegal act after discovering it or receiving a report in accordance with the law; or

(4) any other act of dereliction of duty, abuse of power, or engaging in malpractice for personal gain.

Article 109

Where any of the following acts is committed in violation of the provisions of this Law, the department in charge of ecology and environment, the department in charge of natural resources, and other departments under the local people's governments shall, according to the division of duties, order the illegal act to be stopped, the illegal building or structure to be removed, or the original state to be restored within a prescribed time limit, and a fine of not less than RMB 500,000 yuan but not more than RMB 5,000,000 yuan shall be imposed; the directly responsible persons in charge and other directly responsible persons shall be fined not less than RMB 50,000 yuan but not more than RMB 100,000 yuan. Where the violator fails to dismantle the illegal building or structure, or make the original state restored within the prescribed time limit, the relevant departments shall remove the building or structure or restore the original state on behalf of the violator, and all expenses incurred thereby shall be borne by the violator. Where the circumstances are serious, the relevant project shall be ordered to close down with the approval of the people's government with the authority:

(1) constructing or expanding chemical parks and chemical projects within the control scopes from the shorelines of the main stream and tributaries of the Yellow River;

(2) constructing, reconstructing, or expanding tailings ponds within the control scopes from the shorelines of the main stream or important tributaries of the Yellow River; or

(3) engaging in production and construction in violation of ecological and eco-environmental permit lists.

Article 110

Where an entity or individual, in violation of the provisions of this Law, reclaims land in the Yellow River Basin for crop cultivation on a slope which is so steep that the land reclamation is forbidden, the department in charge of water resources under the local people's government at or above the county level, or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall order the violator to cease the illegal act and take remedial measures such as returning the reclaimed land to its original state or restoring vegetation, and impose a fine of not more than RMB 100 yuan per square meter of the reclaimed land on the entity or a fine of not more than RMB 20 yuan per square meter on the individual for the reclaimed land.

Where a warping dam in the Yellow River Basin is damaged or occupied without authorization in violation of the provisions of this Law,

the department in charge of water resources under the local people's government at or above the county level, or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall order the violator to cease the illegal act, to take control or to take remedial measures within a prescribed time limit, and impose a fine of not less than RMB 100,000 yuan but not more than RMB 1 million yuan on the violator. Where the violator fails to take control or take remedial measures within the prescribed time limit, the department in charge of water resources under the local people's government at or above the county level, or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall take control or take remedial measures on behalf of the violator, and all expenses incurred thereby shall be borne by the violator.

Where an entity or individual, in violation of the provisions of this Law, carries out a production and construction activity in the Yellow River Basin, which has caused soil erosion, if the soil erosion fails to be controlled or the control fails to meet the relevant standards prescribed by the state, the department in charge of water resources under the local people's government at or above the county level, or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall order the entity or individual to control the soil erosion within a prescribed time limit, and impose a fine of not less than RMB 20,000 yuan but not more than RMB 200,000 yuan on the entity, and may impose a fine of not more than 20,000 yuan on the individual. Where the violator fails to control the soil erosion within the prescribed time limit, the department in charge of water resources under the local people's government at or above the county level, or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall control the soil erosion on behalf of the violator, and all expenses incurred thereby shall be borne by the violator.

Article 111

Where the ecological water allocation is not incorporated into the operation rules for a water project on the main stream or an important tributary of the Yellow River in violation of the provisions of this Law, the relevant departments shall, according to the division of duties, order the violator to make rectification, give a warning to the violator, and impose a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan on the violator; where the circumstances are serious, the fine imposed shall be not less than RMB 100,000 yuan but not more than RMB 500,000 yuan.

Article 112

Whoever, in violation of the provisions of this Law, carries out the fishing of natural fishery resources in the key waters in the Yellow River Basin during the closed fishing seasons, shall be punished by confiscation of the catch and the illegal income as well as the fishing vessels, fishing gears and other tools used in the illegal activities, and be imposed a fine of not less than RMB 10,000 yuan but not more than RMB 50,000 yuan by the department in charge of agriculture and rural affairs under the local people's government at or above the county level; where the fishing is carried out by electrocuting, poisoning fish, and blast fishing, or where there are other serious circumstances, a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan shall be imposed.

Whoever, in violation of the provisions of this Law, breeds and releases alien species and other germplasm resources of non-native species in the open waters in the Yellow River Basin, shall be ordered to recapture them within a prescribed time limit and be fined not more than RMB 100,000 yuan by the department in charge of agriculture and rural affairs under the local people's government at or above the county level; where serious consequences are caused, a fine of not less than RMB 100,000 yuan but not more than RMB 1 million yuan shall be imposed on the violator. Where the violator fails to recapture them within the prescribed time limit, the department in charge of agriculture and rural affairs under the local people's government at or above the county level shall recapture them on behalf of the violator or take measures to reduce the negative impact, and all expenses incurred thereby shall be borne by the violator.

Whoever, in violation of the provisions of this Law, uses net cages, seine nets or river-blocking nets for aquaculture in the reservoir areas of the Sanmen Gorge, Xiaolangdi, Guxian, Luhun, and Hekou Village, thus obstructing water and sediment control and flood control, shall be ordered to cease the illegal act and remove the net cages, seine nets or river-blocking nets, and be fined not more than RMB 100,000 yuan by the department in charge of agriculture and rural affairs under the local people's government at or above the county level; where serious consequences are caused, a fine of not less than RMB 100,000 yuan but not more than RMB 1 million yuan shall be imposed.

Article 113

Whoever, in violation of the provisions of this Law, withdraws water without approval or withdraws water not in compliance with the conditions specified in the water withdrawal permit, shall be ordered to cease the illegal act and to take remedial measures within a prescribed time limit, as well as be fined not less than RMB 50,000 yuan but not more than RMB 500,000 yuan by the department in charge of water resources under the local people's government at or above the county level or the Yellow River Basin Administrative Authority and its subordinate administrative agencies; where the circumstances are serious, the water withdrawal permit shall be revoked.

Article 114

Where a water-use entity 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, in violation of the provisions of this Law, uses water in excess of its quotas for water consumption and fails to implement water-saving technological transformation within a prescribed time limit, the department in charge of water resources under the local people's government at or above the county level or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall order the entity to make rectification within a prescribed time limit and may impose a fine of not more than RMB 100,000 yuan; where the circumstances are serious, a fine of not less than RMB 100,000 yuan but not more than RMB 500,000 yuan shall be imposed and the water withdrawal permit shall be revoked.

Article 115

Where an entity 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 withdraws water in excess of the certain water withdrawal amount and fails to install online metering facilities, the department in charge of water resources under the local people's government at or above the county level or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall order the entity to install online metering facilities within a prescribed time limit, charge relevant fees based on its maximum daily capacity of water withdrawal, and impose a fine of not less than RMB 20,000 yuan but not more than RMB 100,000 yuan on it; where the circumstances are serious, a fine of not less than RMB 100,000 yuan but not more than RMB 500,000 yuan shall be imposed and the water withdrawal permit shall be revoked.

Where, in violation of the provisions of this Law, the online metering facilities are unqualified or do not operate normally, the department in charge of water resources under the local people's government at or above the county level or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall order the violator to replace or repair such facilities within a prescribed time limit; where the violator fails to replace or repair such facilities within the prescribed time limit, the relevant fees shall be charged based on its maximum daily capacity of water withdrawal and a fine of not more than RMB 50,000 yuan shall be imposed; where the circumstances are serious, the water withdrawal permit shall be revoked.

Article 116

Whoever, in violation of the provisions of this Law, withdraws deep groundwater for agricultural irrigation in the Yellow River Basin, shall be ordered to make a rectification within a prescribed time limit and may be fined not more than RMB 100,000 yuan by the department in charge of water resources under the local people's government at or above the county level or the Yellow River Basin Administrative Authority and its subordinate administrative agencies; where the circumstances are serious, a fine of not less than RMB 100,000 yuan but not more than RMB 500,000 yuan shall be imposed, and the water withdrawal permit shall be revoked.

Article 117

Where a reservoir management entity in the Yellow River Basin, in violation of the provisions of this Law, fails to execute the instructions on water and sediment control given by the Yellow River Basin Administrative Authority, the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall order it to make rectification, give it a warning, and impose a fine of not less than RMB 20,000 yuan but not more than RMB 100,000 yuan on it; where the circumstances are serious, a fine of not less than RMB 100,000 yuan but not more than RMB 500,000 yuan shall be imposed; sanctions shall be given to the directly responsible persons in charge and other directly responsible persons in accordance with the law.

Article 118

Where any of the following acts is committed in violation of the provisions of this Law, the department in charge of water resources under the local people's government at or above the county level or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall order the violator to cease the illegal act, to dismantle the illegal building or structure or to restore it to the original state within a prescribed time limit, and impose a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan; and where the violator fails to dismantle the illegal building or structure or to restore it to the original state within a prescribed time limit, the department in charge of water resources under the local people's government at or above the county level or the Yellow River Basin Administrative Authority and its subordinate administrative agencies shall dismantle the building or structure or restore it to the original state on behalf of the violator, and all expenses incurred thereby shall be borne by the violator:

(1) constructing any building or structure that blocks flood channels or conducting any activity that affects the stability of river regimes or endangers the safety of river banks or dikes, or otherwise blocks flood channels within the management range of rivers and lakes;

(2) illegally using or occupying waters and shorelines of rivers and lakes in the Yellow River Basin;

(3) constructing projects and facilities which cross over or go through rivers, or cross dikes or border on rivers, thus reducing the capacity of flood channels and water storage or diminishing water areas, and failing to construct equivalent substitute projects or take other functionally remedial measures; or

(4) occupying the alternate seaward flow paths of the Yellow River.

Article 119

Whoever, in violation of the provisions of this Law, causes damage to others by damaging natural resources and the ecology, polluting the environment, undermining flood control capacity, or destroying cultural heritage in the Yellow River Basin, shall bear tortious liability in accordance with the law.

If any violation of the provisions of this Law damages the ecology and environment in the Yellow River Basin, the authorities specified by the state or organizations specified by the law shall have the right to request the infringer to bear the liability for restoration, compensate for the losses, and pay the relevant expenses.

Article 120

Where any violation of the provisions of this Law constitutes a crime, the violator shall be held criminally liable in accordance with the law.

Chapter XI Supplementary Provisions

Article 121

For purposes of this Law, the following terms shall have the following meanings:

(1) The term "main stream of the Yellow River" refers to the main stem of the Yellow River (including the seaward flow paths) from the headwaters to the estuary of the Yellow River, which flows through Qinghai Province, Sichuan Province, Gansu Province, the Ningxia Hui Autonomous Region, the Inner Mongolia Autonomous Region, Shanxi Province, Shaanxi Province, Henan Province, and Shandong Province.

(2) The term "tributaries of the Yellow River" refers to the rivers that directly or indirectly flow into the main stream of the Yellow River, and they can be divided into primary and secondary tributaries, among others.

(3) The term "important tributaries of the Yellow River" refers to primary tributaries, including the Huangshui, Taohe River, Zuli River, Qingshui River, Dahei River, Huangfuchuan, Kuye River, Wuding River, Fenhe River, Weihe River, Yiluo River, Qinhe River, and Dawen River, among others.

(4) The term "floodplain areas of the Yellow River" refers to the floodplain land within the management range of the river courses in the Yellow River Basin, which has the functions of flood channels, flood detention, and sediment trapping and where people live and farm for historical reasons.

Article 122

This Law shall come into force as of April 1, 2023.