Copyright © 2017 广州市司法局 粤ICP备09006188号 网站标识码:4401000042
粤公网安备 44010402000213号
Measures of Guangzhou Municipality for the Administration of Civil Transport Airports
(Issued on December 19, 2017 in accordance with Decree No. 156 of the People's Government of Guangzhou Municipality and put into effect on February 1, 2018)
Chapter I General Provisions
Article 1 These Measures are formulated in accordance with the Civil Aviation Law of the People’s Republic of China, the Regulations for the Administration of Civil Transport Airports and other relevant laws and regulations, on the basis of the actual conditions of the Municipality and with a view to strengthening the administration of civil transport airport in the Municipality and ensuring safe and orderly operation of civil transport airport.
Article 2 These Measures are applicable to the activities with respect to the administration of planning and construction, the obstacle-free airspace and electromagnetic environment protection, the management of safe operation, the management of public order and field environment and the management of airport operating services at the civil transport airports (hereinafter referred to as “airports”) within the administrative area of the Municipality.
The industry management of airports shall be subject to relevant national laws and regulations.
Article 3 The Municipality has established a joint conference system for airport management to coordinate and solve significant problems of airport involving the management responsibilities of the local departments and organizations in terms of land planning and control, protection of clearance and electromagnetic environment, control of aircraft noise, traffic organization, public order management, and airport environment management.
Members of the joint conference for airport management include the local district people’s government, sectors of the municipal people’s government, the Airport Authority, etc. Office of the joint conference for airport management shall be located in the municipal airport authority, responsible for managing the daily affairs of the joint conference.
Article 4 The Airport Authority, as the provider of infrastructures and basic services of the airport, shall be responsible for construction, operation and safety management of the airport and for organizing the implementation of these Measures.
Article 5 Municipal and district reform and development, land resources and planning, housing and urban-rural development, transportation, civil affairs, industry and commerce, food and drug supervision, forestry and landscaping, environmental protection, work safety supervision and urban management authorities as well as public security organs and radio authorities shall assist in safe operation and management of airports ex officio.
Chapter II Airport Planning and Construction
Article 6 The Airport Authority shall organize the preparation and revision of the overall plan for airport according to the economic and social development plan, the overall urban-rural plan and the overall plan for land use of the Municipality.
The overall plan for airport shall be approved according to legal procedures and then be publicized and implemented.
Article 7 Detailed regulatory plan of airport shall be prepared by the land resources and planning authority of the place where the airport is located together with the Airport Authority according to the approved overall plan for airport, and shall be reviewed by the municipal land resources and planning authority, approved according to legal procedures and then publicized and implemented.
Article 8 The overall plan for airport and the detailed regulatory plan shall conform to relevant national laws and regulations and compulsory technical standards and specifications in terms of land use control, clearance protection, electromagnetic environment protection, noise control, flight safety, etc.
Article 9 Traffic development plan of the Municipality shall ensure reasonable connection of expressway, rail transit and urban bus lines with the airport to form a convenient and efficient airport traffic hub.
For the compilation of the traffic development plan, relevant authorities shall consult the Airport Authority; the Airport Authority shall give a reply within five (5) working days after receiving the consultation documents.
Article 10 The municipal people’s government shall organize environmental protection, land resources and planning and housing and urban-rural development authorities as well as the Airport Authority to identify restricted areas for noise sensitive buildings, and put such areas into control.
The Airport Authority shall, together with air transport enterprises, air traffic authority and other relevant organizations, adopt technical and administrative measures to control the impact of aircraft noises on surrounding areas.
The Airport Authority shall regularly report to the local environmental protection, land resources and planning and housing and urban-rural development authorities the impact of aircraft noises on surrounding areas.
Article 11 Construction, reconstruction and expansion projects in the airport shall conform to the overall plan for airport and the detailed regulatory plan of the airport.
Article 12 The Airport Authority shall plan as a whole the construction of supporting ground traffic facilities in the airport on the basis of convenience, orderliness and efficiency. There shall be such three-dimension connection channels and supporting facilities as overhead corridors, underground passages, motor vehicle passages and parking points between the exits and parking lots of the airport, with conspicuous and easily identifiable signs.
Chapter III Obstacle-free Airspace and Electromagnetic Environment Protection
Article 13 The municipal people’s government shall, together with the regional civil aviation authority, identify the obstacle-free airspace protection zone according to relevant national regulations, and make it known to the public.
For the compilation of the detailed regulatory plan within the range of the obstacle-free airspace protection zone, the land resources and planning authority shall consult the regional civil aviation authority, and include the range of the obstacle-free airspace protection zone and the height limit requirements into the detailed regulatory plan of the protection zone.
Article 14 The land resources and planning authority shall issue planning and design conditions and planning permits for construction, reconstruction and expansion projects within the obstacle-free airspace protection zone according to the height limit requirements determined in the overall urban plan, the detailed regulatory plan within the obstacle-free airspace protection zone and other relevant urban-rural plans; in case of an application for the permit involving buildings higher than the obstacle-free airspace height limit, the regional civil aviation authority shall be consulted in writing.
Article 15 When examining 220kV or above high-voltage power transmission tower construction projects within the obstacle-free airspace protection zone, the land resources and planning authority shall consult the regional civil aviation authority.
After completion of the projects mentioned in the previous paragraph, the project owners shall set roadblock lamps or signs according to relevant rules and regulations, maintain their normal functioning, and provide relevant construction information and documents to the regional civil aviation authority, the air traffic authority and the Airport Authority.
Article 16 Before the issuance of a notice on construction or reconstruction of airport, existing buildings, structures, trees, lamps or other obstacles within the airport area and the obstacle-free airspace protection zone that may affect the flight safety shall be disposed properly according to the Civil Aviation Law of the People’s Republic of China.
After the issuance of a notice on construction or reconstruction of airport, it is forbidden to build/plant/set buildings, structures, trees, lamps or other obstacles that may affect the flight safety within the airport area and the obstacle-free airspace protection zone.
Where any organization or individual violates the previous paragraph, the local district people’s government shall organize the urban management authority, the forestry and landscaping authority and other relevant authorities to remove the aforesaid obstacles ex officio; any loss arising therefrom shall be borne by the organization or individual that built, planted or set such obstacles.
Article 17 For the purpose of launching airships, unmanned aerial vehicles, gliders, powered parachute, sky lantern and the like within the obstacle-free airspace protection zone, relevant procedures on examination of airworthiness, flight qualification and plan shall be handled, and such launching shall not affect the flight safety of aircrafts.
Article 18 The municipal radio management organization shall, together with the regional civil aviation authority, identify the civil transport airport electromagnetic environment protection zone according to relevant national regulations and standards on radio management, and make it known to the public.
Article 19 Where any radio station used for purposes other than civil aviation is to be set up and used within the airport electromagnetic environment protection zone, the radio management organization shall review and approve the application for such setting and use after consulting the regional civil aviation authority and the Airport Authority.
Use of radio stations or other instruments and devices by any organization or individual shall comply with relevant laws and regulations on radio management, and the electromagnetic radiation caused by such stations, instructions or devices shall not interfere with the normal functioning of special radio channels for civil aviation.
Article 20 It is forbidden to conduct any activities that may affect obstacle-free airspace protection and electromagnetic environment protection as specified in the Civil Aviation Law of the People’s Republic of China and the Regulations for the Administration of Civil Transport Airports in the obstacle-free airspace protection zone and the electromagnetic environment protection zone.
Any activities conducted outside the obstacle-free airspace protection zone and the electromagnetic environment protection zone shall not affect the flight safety of aircrafts.
Article 21 The Airport Authority shall establish a daily patrol inspection system for protection of obstacle-free airspace and electromagnetic environment. When finding any violation of the protection requirements, the Airport Authority shall take an immediate action to eliminate the adverse impact on flight safety, and submit a written report to the local district people’s government.
Chapter IV Safe Operation Management
Article 22 The Airport Authority shall establish a sound airport safe operation management system to coordinate the safe operation of the airport.
Air transport enterprises and other entities in the airport shall jointly ensure the safe operation of the airport and bear corresponding safety liabilities based on their respective duties; when finding any circumstance that endangers the safe operation of the airport, they shall immediately report to the Airport Authority.
Article 23 Personnel and vehicles entering airport control areas shall present relevant passes and accept safety inspection.
Passes of personnel and vehicles entering airport control areas shall be issued by public security organs of the airport according to relevant rules and regulations.
Article 24 Project owners of underground pipeline works in airport shall, after completion acceptance of the project, transfer project data and files including direction, depth and positions of turning points to urban construction archive management organizations according to relevant rules and regulations.
The Airport Authority may consult urban construction archive management organizations for the aforesaid project data and files; where the project owner fails to timely transfer such data and files to the urban construction archive management organizations, or the data and files transferred are incomplete or inaccurate, the Airport Authority may directly require the project owners to provide such data and files, and the project owners shall provide them accordingly.
Article 25 Where an airport construction project needs to connect, relocate or remove such airport infrastructures as water supply, power supply, gas supply, oil transmission, water drainage, traffic and communication facilities, the land resources and planning authority shall consult the Airport Authority before issuing a planning permit for construction project. The Airport Authority shall give a reply within five (5) working days after receiving the consultation documents.
Where the Airport Authority fails to give a reply within the specified period, the land resources and planning authority shall make such decisions according to legitimate procedures.
Article 26 The Airport Authority shall, together with the entities in the airport, work out emergency plans for the airport according to relevant national, provincial and municipal regulations and the management requirements on airport emergency rescue, and shall include such plans into the municipal emergency response plans after approval by relevant authorities.
Article 27 The Airport Authority shall establish emergency management duty system, publish the hotline of the duty office to the public, and deal with accident reporting.
Where any organization or individual discovers the occurrence or possible occurrence of any emergency that may seriously endanger aircraft, personnel or property safety, such as any aircraft accident, aircraft failure in air, explosive threat, building on fire, illegal interference with aircraft operation, outbreak of infectious diseases, contamination by radioactive substance, or biological or chemical invasion, the organization or individual, as the case may be, shall immediately report it to the Airport Authority.
After receiving such a report, the Airport Authority shall immediately verify the situation and report it to the municipal people’s government, the local district people’s government and the regional civil aviation authority, and immediately start emergency rescue according to relevant emergency plans.
After receiving an emergency notice from the Airport Authority, all the organizations concerned shall immediately take rescue actions according to their emergency response plans.
Chapter V Public Order and Airport Environment Management
Article 28 The Airport Authority shall centrally manage the public order and environment of the airport, and issue and implemented detailed management procedures according to relevant regulations to ensure safe and orderly operation of the airport.
Entities in the airport, operation service companies, passengers and cargo owners shall abide by the management procedures for public order and environment of the airport.
Article 29 The Airport Authority shall set publicity facilities and public service advertisement that reflect the local historical, cultural and folk characteristics.
Advertisements, signs, tablets, neon lights, lamp boxes, banners and publicity facilities erected in the airport shall conform to relevant national, provincial and municipal regulations.
Those who erect or use outdoor advertisements in the airport shall keep their advertising facilities clean and intact, and shall timely repair in the case of any damage or contamination to or malfunction of such facilities. The person erecting or using any advertising facilities with hidden dangers or without value of use shall timely renovate or remove such facilities.
Article 30 Where any minor vagrants or beggars are found in the airport, the Airport Authority shall take appropriate actions to inform, guide or send them to local social welfare institutions or social assistance institutions; where any critical patients or mental patients are found, the Airport Authority shall contact local medical institutions or public security organs.
Article 31 Where any of the following events are organized in an airport terminal or in airport public areas, such as road, parking lots and squares in front of the terminal, the event organizer shall get approval from the Airport Authority in advance:
(1) Distributing and posting advertising or publicizing materials;
(2) Exhibition, consultation, sports, cultural and entertainment events, etc.;
(3) Commercial exhibition fairs or promotions;
(4) Donation solicitations; or
(5) Movies or TV.
If approved, the Airport Authority shall take effective actions according to law to maintain public order and safe operation of the airport.
Article 32 Passenger vehicles such as buses, shuttle buses, taxis and online booking taxis operating in the airport shall comply with the regulations on administration of road passenger transport, and shall wait in line for and pick up passengers in order in the set parking points or areas.
Illegal operating activities such as arbitrary parking, passenger solicitation or passenger pick-up are forbidden.
Non-commercial vehicles entering the airport shall travel or park according to specified routes and rules, and shall comply with the order of airport management.
Article 33 Eachcar running in the airport shall keep its body clean, without mud or other dirt on its appearance. Each truck carrying sand, soil, garbage, other bulk goods or liquid in the airport shall be covered, bound or sealed up to prevent sprinkling or dripping.
Article 34 Project owners and construction contractors of airport construction works shall ensure civilized construction, set up enclosures, fences and temporary sanitary facilities such as garbage collectors on the construction site, timely remove garbage, and take effective measures to prevent the adverse impact on the airport environment caused by flying dust or sewage overflow.
After completion of a construction project, the project owner and the construction contractor shall timely clean up the construction site.
Article 35 The Airport Authority, air transport enterprises and other entities in the airport shall define their respective responsible persons for environmental sanitation within their respective responsibility areas and do well in environmental sanitation within their respective responsibility areas, according to the requirements of the environmental sanitation areas delimited.
Where the sanitation area delimited for the Airport Authority, any air transport enterprise or any other entity in the airport is not clear, the district environmental sanitation authority shall be responsible for delimiting the area.
Article 36 The Airport Authority, air transport enterprises and other entities in the airport shall protect and manage the greenbelts well within their respective responsibility areas, according to the requirements of the greenbelt responsibility areas delimited.
Where the responsibilities of the Airport Authority, air transport enterprises and other entities in the airport in terms of greenbelt protection and management are not clear, the local district administrative department of greening shall be responsible for clarification of such responsible management organizations.
Article 37 The following violations of regulations on environmental sanitation management are forbidden in the airport:
(1) Spitting, urinating or defecating everywhere, or throwing wastes at will;
(2) Burning leaves, garbage or other wastes;
(3) Failing to perform clean-up obligations for the sanitation areas or failing to dispose wastes and dejections according to relevant regulations;
(4) Building facilities without authorization; or
(5) Removing, relocating, occupying, destroying or sealing up sanitation facilities without authorization, or changing the use of sanitation facilities without authorization.
Article 38 The following violations of regulations on environmental protection management are forbidden in the airport:
(1) Burning any materials that may produce poisonous or hazardous smoke or stench;
(2) Generating much dust during construction, transport, loading/unloading or production;
(3) Installing air conditioner or cooling devices in violation of relevant regulations; or
(4) Discharging oil, acid solutions, alkali solutions or unsterilized wastewater containing pathogens arbitrarily.
Chapter VI Operation Service Management
Article 39 The Airport Authority shall organize air transport enterprises and other entities in the airport to develop service standards and disclose such standards to the public.
The Airport Authority and air transport enterprises shall comply with relevant service standards and commitments, be equipped with safety, barrier-free, medical aid and other facilities and devices according to relevant standards and actual needs, erect clear and standardized signs, keep a good and clean service environment, and provide fair, equal, high-quality and convenient services for passengers and cargo owners.
Article 40 The Airport Authority shall transfer the airport’s operating businesses, such as retail, catering and aviation ground services, on a paid basis and in accordance with the principles of fair competition and meeting consumer demands at various levels, and shall sign agreements with the organizations or individuals who have received the management rights. The Airport Authority and its affiliates shall not engage in or participate in any businesses operated by way of paid transfer.
The Airport Authority shall specify service quality, management responsibilities and safety codes in management agreements, and shall indicate that the prices of commodities/services provided by operators shall not be higher than that of the commodities/services of the same trademarks, the same trade names, the same brands or the same kinds offered in downtown areas of the Municipality.
The operators shall abide by relevant laws and regulations and accept the supervision by such authorities as the price authority and the administration for industry and commerce, shall not sell fake/inferior commodities, cheat consumers, bid up prices or engage in unfair competitions.
Article 41 The Airport Authority shall establish an information sharing mechanism with air transport enterprises and other entities in the airport, provide necessary production and management information for one another, timely provide the public with such information as flight plans, flight arrival and departure times, flight arrival and departure areas, schedule of buses from and to the airport and supporting service guides by means of SMS, website, broadcasting, display screens in terminal halls or mobile phone APPs.
Article 42 The Airport Authority shall work out service assurance specifications and plans concerning flight delay or cancellation.
In case that any passenger or cargo is stranded due to any flight delay or cancellation, the Airport Authority shall timely publicize relevant information, and coordinate the air transport enterprises and other relevant entities in the airport to provide satisfactory emergency services and subsequent handling. The air transport enterprises and their agents shall provide catering, accommodation and other similar services for passengers and cargo owners according to relevant regulations and service commitments.
In case of any emergency that affects the normal operation of the airport such as stranding of a great number of passengers or the airport being signed by passengers due to any flight delay, the Airport Authority may request assistance from the local government, public security organs or transportation authorities; the authorities receiving such a request shall actively send relevant personnel to assist the Airport Authority in dredging and handling and restoring the order of airport operation.
Article 43 The Airport Authority shall strengthen maintenance and management of the airport infrastructures under its jurisdiction. In case of any damage to interests or losses of property suffered by passengers or cargo owners due to improper maintenance and management of the airport infrastructures by the Airport Authority, the Airport Authority shall make compensation according to law.
Article 44 The Airport Authority shall regularly report to the joint conference for airport management the performance of its duties, the provision of services for passengers and cargo owners and the assurance of safe airport operation.
The Airport Authority shall make rectification according to the comments of the joint conference for airport management, so as to improve the airport service and operation quality.
Article 45 During airport operation and management, the Airport Authority shall strictly abide by relevant laws, regulations and rules, and accept supervision by the industry authority and the authorities entrusting administrative penalties.
In case of any problems discovered during supervision, the Airport Authority shall timely solve them and make improvement.
Article 46 The Airport Authority shall establish a unified information platform at the airport to accept public complaints, and shall publicize the ways of accepting complaints, the handling processes and the time limits.
The entities being complained against shall report the handling results through the information platform within 10 working days after the complaints are handled.
Chapter VII Legal Liabilities
Article 47 Any violation of relevant laws and regulations as well as the requirements hereof on land use control, clearance protection, electromagnetic environment protection, aircraft noise control, transport management, greenbelt management, construction management, price management, environmental protection and environmental sanitation shall be dealt with by the local district people’s government and relevant authorities according to applicable laws, regulations and rules.
In the event that any violation under the preceding paragraph occurs at an airport, the local district people’s government and relevant authorities may appoint the Airport Authority to deal with it or impose administrative penalties; in the event of any violation under the preceding paragraph, and if the local district people’s government and relevant authorities fail to appoint the Airport Authority to deal with it or impose penalties, the Airport Authority shall deter such a violation once found and timely report to relevant authorities.
Article 48 When entrusting an Airport Authority with the implementation of any administrative penalty according to these Measures, the relevant authorities shall comply with the following rules and regulations:
(1) Signing a written letter of authorization with the Airport Authority with respect to the implementation of the administrative penalty, and announcing the administrative penalty item entrusted for implementation, the jurisdiction, the authority, the term and other information to the public;
(2) Supervising the legitimacy and reasonableness of the implementation of the administrative penalty by the Airport Authority;
(3) Not implementing at the airport the administrative penalty item already entrusted to the Airport Authority; and
(4) Bearing legal liabilities for the consequences of the implementation of the administrative penalty by the Airport Authority.
Article 49 Where an Airport Authority or any other relevant entity or the personnel thereof neglect their duties, abuse their authorities or practice favoritism during airport management, the relevant authorities shall order them for correction and circulate a notice of criticism; if circumstances are serious, the directly responsible officers and other responsible persons shall be punished; if a crime is suspected, the case shall be referred to the competent judicial authority according to law.
Chapter VIII Supplementary Provisions
Article 50 Some terms used herein are defined as follows:
(1) “Civil transport airport” refers to the airport providing take-off, landing and other services for civil aircrafts used for public air transportation, such as passenger transport and cargo transport.
(2) “Airport Authority” refers to the organization established as a legal person according to law and being responsible for safety and operation management of civil transport airport.
(3) “Airport control area” refers to any area set for the purpose of aviation safety and security and with personnel/vehicle access control, including isolated area for waiting, luggage sorting, loading and unloading area, aircraft activity area, aircraft repair area, etc.
(4) “Airport public area” refers to all the areas of an airport other than airport control areas.
(5) “Obstacle-free airspace protection zone” refers to a certain spatial range set according to airspace obstacle restriction drawings to ensure take-off and landing safety of civil aircrafts.
(6) “Airport electromagnetic environment protection zone” refers to the zone with restriction against electromagnetic interference and electromagnetic obstacles and delimited around an airport to ensure normal functioning of communication facilities and equipment of civil transport airport, including the civil aviation radio station electromagnetic environment protection zone set in the overall planning area, and the electromagnetic environment protection zone set in flight area of the airport.
Article 51 These Measures shall become effective as of February 1, 2018.