Chương 2 Nghị định 112/2008/NĐ-CP : Bảo vệ, khai thác, sử dụng tài nguyên và môi trường hồ chứa

Chapter II

PROTECTION. EXPLOITATION AND USE OF RESERVOIR RESOURCES AND ENVIRONMENT

Article 6.- Formation of reservoir protection corridors Adam owner shall:

1. Assume the prime responsibility for. and coordinate with the provincial-level Natural Resources and Environment Service, district- and commune-level People's Committees of the locality where the reservoir is located in, formulating a scheme to place reservoir protection corridor boundary markers and submit it for approval to the provincial-level People's Committee of the locality where the reservoir is located.

2. Assume the prime responsibility for, and coordinate with the district-and commune-level People's Committees of the locality where the reservoir is located in, placing markers on the field after the scheme to place reservoir protection corridor boundary markers is approved.

3. Hand over reservoir boundary markers to the commune-level People's Committee of the locality where the reservoir is located for management and protection; for new reservoirs, complete their boundary determination and handover of their boundary markers prior to the official operation of a reservoir; for operating reservoirs, complete such determination and handover within one year from the effective date of this Decree.

4. When reservoir protection corridors or reservoir zones are encroached, occupied or illegally used, promptly report to local administrations, and coordinate with them in handling according to law these violations.

Article 7.- Exploitation of land resources in reservoir protection corridors and reservoir zones

1. Exploitation of land resources must conform with detailed land-use master plans and plans already approved by competent agencies.

2. Detailed land-use master plans and plans must ensure efficient exploitation and use of land and other natural resources and environmental protection without causing adverse impacts on reservoir operation.

3. Detailed land-use planning schemes must specify the areas of land for forest development, recovery for reservoir zones, short-term crop plantation and seasonal aquaculture without affecting reservoirs' water collection and polluting the environment while conforming with the crop and livestock restructuring planning and the Regulation on aquatic resource exploitation and culture.

4. Detailed land-use master plans and plans must take into account opinions of dam owners and communities of lakeside communes, ensuring publicity, transparency and fairness.

5. Within 30 days after being approved by competent agencies, detailed land-use master plans, and plans must be posted up at the offices of People's Committees of all levels of the localities where reservoirs are located for people's information and compliance.

Article 8.- Exploitation and use of reservoir resources and environment

1. Exploitation and use of natural resources and environment in reservoir protection corridors and reservoir zones must be based on approved master plans and plans and not affect reservoirs' functions; comply with technical regulations of related branches and domains and regulations on landscape and environmental protection: and not affect reservoirs* technical characteristics and greatly obstruct the water flow to reservoirs.

2. District- and commune-level People's Committees of the localities where reservoirs are located shall examine and inspect the use and exploitation of reservoir resources and environment according to approved master plans and plans.

3. Depending on the extent of impact on the safety and functions of reservoirs, works built in reservoir protection corridors shall be removed or relocated or may be permitted for continued operation, but must meet technical requirements and such operation must be agreed by dam owners in writing and permitted by competent agencies according to law.

4. The following activities in reservoir protection corridors and reservoir zones (except those specified in Clause 5 of this Article) may be carried out only when they are agreed by dam owners in writing and licensed by competent agencies according to law:

a/ Construction of new works:

b/ Discharge of wastewater into reservoir water sources;

c/ Exploitation and use of reservoir water resources;

d/ Drilling, exploratory digging, geological survey, exploration and construction of groundwater exploiting works: drilling, exploratory digging and exploitation of minerals: drilling, exploratory digging and exploitation of construction materials:

e/ Perennial tree plantation:

f/ Tourist, sports, scientific research, business and service activities;

g/ Operation of motor vehicles (except two-and three-wheeled motorcycles, motorbikes and motor vehicles used for the disabled);

h/ Construction of warehouses and storage yards; and cargo and passenger ports and wharfs: and depots of raw materials, fuel, materials and means;

i/ Construction of cattle breeding facilities, aquaculture;

j/ Burial of wastes;

k/ Blasting and other harmless explosion activities;

1/ Construction of underground works, including oil pipelines, electric cables, communication cables and water pipes.

5. The following activities in reservoir zones are banned:

a/ Construction of dwelling houses and residential areas:

b/ Construction of breeding facilities, embankment for aquaculture;

c/ Burial of wastes;

d/ Blasting and other harmful explosion activities.

Article 9.- Reservoir water regulation

1. A reservoir operating process must be established and submitted to competent authorities for approval before reservoir water collection. Such process must ensure all reservoir functions according to the priority order, work and reservoir lowlands safety. integrated expioitation 0f reservoir resources ana enyironment and maintenance of the minimum flow in reservoir lowlands: not cause major changes to the reservoir's flow regime downstream and take into account climate change elements; conform with the inter-reservoir operating process in the river basin (if any) already approved by competent state agencies.

2. Dam owners shall conduct hydro-meteorological observation and collect hydrometeorological information and data at their own expenses to meet requirements on reservoir protectionr; operation management and exploitation under the guidance of natural resources and environment state management agencies and submit annual reports to concerned line ministries and provincial-level People's Committees.

3. Damowners shall annually formulate a water regulation plan for reservoirs and notify' People's Committees at all levels of the localities having reservoirs and reservoir lowlands areas in order to reduce adverse impacts on people's production and life and the environment.

4: Water regulation plans for reservoirs shall be formulated on the basis of the approved reservoir operating process, minimum flow requirements, forecasts on flow changes in the year by hydrometeorological agencies and water use needs of branches, localities and economic organizations.

5. When concerned agencies, organizations and localities do not accept reservoir water regulation plans, they may request dam owners and competent state agencies to consider and decide on such plans.

Article 10.- Financial obligations for exploitation and use of reservoir resources and environment

1. Organizations and individuals exploiting and using reservoir water sources for electricity generation, daily life water supply, industrial and small-industrial production, and other water-related production and service activities shall pay water use fees and royalty tax according to law.

2. Organizations and individuals exploiting and using land resources and other natural resources of reservoir zones; or discharging wastewater and waste into reservoirs shall perform financial obligations according to law.