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Rules of Guangzhou Municipality on Protection of Petroleum and Natural Gas Pipelines
(Issued on February 7, 2018 in accordance with Decree No. 159 of the People’s Government of Guangzhou Municipality and amended on November 14, 2019 in accordance with Decree No. 168 of the People’s Government of Guangzhou Municipality)
Article 1 These Rules are formulated in accordance with the Law of the People’s Republic of China on the Protection of Oil and Natural Gas Pipelines and other relevant laws and regulations, on the basis of the actual conditions of this Municipality and with a view to strengthening the protection of petroleum and natural gas pipelines and ensuring energy security and public safety.
Article 2These Rules shall apply to the protection of pipelines for the transmission of oil and natural gas as well as the ancillary facilities for the pipelines (hereinafter collectively referred to as “Pipeline”) within the administrative area of this Municipality.
These Rules do not apply to the protection of urban gas pipelines, offshore pipelines and pipelines within the factory areas of enterprises of oil refining, petrochemical and other use.
Article 3The municipal development and reform authority, which is in charge of the protection of pipelines throughout the Municipality, shall be responsible for coordinating major issues concerning pipeline protection, guiding and supervising relevant entities’ performance of pipeline protection obligations, and organizing the implementation of these Rules.
The authorities designated by the district people’s governments (hereinafter referred to as the district pipeline protection authorities) shall be responsible for the specific work of pipeline protection within the administrative area of this district, guiding and supervising the performance of pipeline protection obligations by relevant entities within the administrative area of this district, and investigating and handling illegal acts endangering the safety of pipelines.
The authorities in charge of the land, planning, emergency management and public security shall do the relevant work on the protection of pipelines ex officio.
The town people’s governments and sub-district offices shall assist in the protection of pipelines within their respective jurisdictions.
Article 4The municipal development and reform authority shall organize the establishment of a pipeline safety technical committee composed of experts of industries.
The experts of the pipeline safety technical committee may, under the organizations of the municipal development and reform authority or the district pipeline protection authority, review and assess relevant pipeline safety protection plans, analyze the safety status, safety hazards and accident causes of the pipelines, propose suggestions for rectification and prevention measures, and participate in the supervision and inspection on pipeline safety and provide corresponding professional advice.
Article 5A pipeline enterprise that have worked out a construction plan for pipelines within the territory of this Municipality according to the plans on the development of pipelines of the State and Guangdong Province shall submit its pipeline construction route selection scheme determined for the pipeline construction plan to the planning authority. If the said pipeline route selection conforms to the urban and rural plan of this Municipality, it shall be integrated into the local urban and rural plan by the planning authority.
Where a pipeline enterprise intends for new construction, reconstruction or expansion of a pipeline project, it shall apply to the planning authority for a construction project planning permit.
Article 6Where an area through which a newly built, rebuilt or expanded pipeline is to pass, due to geological limitations, does not stay away from the seismic active faults and the areas likely to be hit by floods or geological disasters, or is not kept at the protection distance from buildings, structures, railways, urban rail transits, highways, navigation channels, ports, municipal utilities, military facilities, electric cables, fiber cables, etc. prescribed in relevant laws, administrative regulations as well as the compulsory requirements of the national technical norms, the pipeline enterprise shall put forward a protection plan.
The protection plan shall include the surrounding conditions of the pipeline route, materials of the pipes, the construction methods, the protection facilities, and evaluations on protection effects, etc.
The protection plan shall be reviewed and assessed by pipeline protection experts and then reported to the local pipeline protection authority where the pipeline is located; if it involves cross-district pipelines, the protection plan shall be reported to the municipal development and reform authority for approval. The pipeline enterprise shall not start the pipeline construction until the said protection plan has been approved.
A pipeline construction project shall be subject to an environmental impact assessment according to law.
Article 7A pipeline enterprise shall, within 60 days as of the date on which the pipeline passes through the as-built inspection, submit the as-built survey drawings to the municipal development and reform authority for filing. The specific contents of as-built survey drawings shall include the mid-line measurement results table of the pipeline route, the line-oriented general layout, the strip topographic map of the pipeline route, the profile diagram of the pipeline route, etc.
The municipal development and reform authority shall, within 7 working days after filing, send duplicates of the as-built survey drawings submitted by the pipeline enterprise to the pipeline protection authorities of the districts that the pipeline passes through. The pipeline protection authorities of such districts shall send the said duplicates of as-built survey drawings to the authorities in charge of the land, planning, construction, railway, transport, water affairs, public security, emergency management, etc. at the same level and to the relevant military organs as well.
Article 8A pipeline enterprise shall put warning signs of pipelines in the following areas that the pipelines pass through according to the compulsory requirements of relevant technical norms:
(1) Densely populated areas;
(2) Areas near railways, urban rail transits, highways, bridges, water conservancy facilities and rivers;
(3) Scenic spots, nature reserves and water source protection areas;
(4) Quarries, gravel-soil-taken fields and mining areas;
(5) Farmland irrigation areas;
(6) Areas where the accidents endangering the safety of pipelines have occurred; or
(7) Other areas prone to accidents endangering the safety of pipelines.
The warning signs shall specify the names of the pipelines, the management entities, the hotlines for public reports and repair, the warning words, etc.
If any warning sign is damaged or if a safety warning is unclear, the pipeline enterprise shall timely repair it or replace it with a new one.
Article 9A pipeline enterprise shall collect, file and regularly update the information related to the external environment of the pipelines, such as the geographical and geological environment along the pipelines, important infrastructure, densely populated places, production and storage sites for inflammable and explosive materials, and external risks that may affect the safety of the pipelines. The pipeline enterprise shall also investigate and evaluate external risk areas and sources of danger that may affect the safety of the pipeline, and formulate and implement corresponding protection plans.
Article 10A pipeline enterprise shall establish a pipeline patrol system according to law, and may entrust the villagers (residents) or related entities along the pipelines to undertake pipeline patrolling.
In the case of the entrustment of pipeline patrolling, the pipeline enterprise shall sign an entrusted patrol agreement with the trustee. The entrusted patrol agreement shall include the patrol methods, procedures and frequency, patrol contents, information transmission, procedures for handling detected hidden dangers, and rewards and punishment measures for patrol personnel.
The pipeline enterprise shall, on a regular basis, provide training on knowledge and skills related to pipeline protection for the entrusted pipeline patrol personnel.
Article 11Pipeline enterprises are encouraged to establish pipeline protection information communication mechanisms with villages’ (residents’) committees and entities along the pipelines to timely receive reports of detected dangers and handle pipeline accidents. The pipeline protection authorities of the districts where the pipelines are located shall provide assistance.
Pipeline enterprises shall publicize the knowledge of pipeline safety protection and emergency protection to villages’ (residents’) committees and entities along the pipelines on an annual basis.
Article 12Pipeline enterprises shall implement the national standards stipulated in Regulations on the Management of the Integrity of Oil and Gas Transmission Pipelines, formulate specific implementation plans for pipeline integrity management, and regularly inspect and repair pipelines to ensure that they are in good conditions.
Article 13 The municipal development and reform authority shall construct a pipeline information management platform throughout the Municipality, and share pipeline information with relevant municipal authorities in charge of the land, planning, construction, ecological environment, emergency management, transport, etc. and the district pipeline protection authorities; if the underground pipelines are involved, the said pipeline information management platform shall also connect with the integrated underground pipeline management information system.
A pipeline enterprise shall carry out information management of its pipelines, and upload pipeline information to the municipal pipeline information management platform in accordance with unified technical standards and requirements, including the basic situation of pipe diameter, transmission medium, transmission pressure, flow direction, station and valve room and facilities, storage location and quantity of emergency relief materials, and severe consequence areas with high risks.
Article 14Where the following buildings or structures are newly built, rebuilt or expanded around the centerline of the pipeline routes and around the auxiliary facilities of the pipelines, the distance between such buildings/structures and pipeline routes/ auxiliary facilities shall satisfy the compulsory requirements of the national technical norms:
(1) Densely populated buildings, such as residential communities, schools, hospitals, entertainment venues, stations, shopping malls and urban rail transit stations; or
(2) Venues for the production, operation and storage of inflammable and explosive materials, such as substations, petrol stations, gas stations, oil storage tanks and gas storage tanks.
Where the compulsory requirements of the national technical norms said in the preceding paragraph have not been formulated, the project developer shall entrust a safety evaluation agency with corresponding qualifications and within corresponding business scope to conduct safety assessment, determine the safety distance between different projects, and provide the safety assessment report to the planning authority. The planning authority shall seek opinions of the municipal development and reform authority, the district pipeline protection authority or the authorities with the responsibilities of supervising the safety production, and shall strengthen the safety distance check in the planning process. The specific process shall be separately stipulated by the municipal development and reform authority in conjunction with the municipal planning authority and announced to the public.
The design and construction contractors of the construction project shall design and construct according to the safety distance specified in the national technical norms or the safety distance prescribed in the preceding paragraph.
Article 15A construction contractor, if carrying out construction operations around the existing pipelines in accordance with the provisions of Article 35 of the Law of the People’s Republic of China on the Protection of Oil and Natural Gas Pipelines, shall be subject to the construction operation plan and safety protection agreement, or the decision on approval of construction operation of the district pipeline protection authority.
Where a pipeline enterprise finds out that the construction contractor endangers or may endanger the safety of pipelines by failing to carry out the construction operations according to the construction operation plan and safety protection agreement or the decision on approval of construction operation of the district pipeline protection authority, the pipeline enterprise may ask the construction contractor to take corresponding protection measures. If the construction contractor refuses to take protection measures, the pipeline enterprise shall report such findings to the pipeline protection authority of the district where the construction project is located, and notify the project developer.
The project developer, within 12 hours after receiving the said notice, shall verify the findings. If the findings are true, the project developer shall request the construction contractor to carry out the construction operations according to the construction operation plan and safety protection agreement or the decision on approval of construction operation of the district pipeline protection authority.
The district pipeline protection authority, after receiving the said report, shall supervise and inspect the performance of the pipeline protection obligations by the project developer and the construction contractor, and handle the relevant illegal acts according to law.
Article 16A pipeline enterprise may conduct pipeline repair operations in an emergency by using other people’s lands or facilities without prior consent. If the urgent repair cannot be done due to the unavailability of lands or facilities resulting from the owners/users of such lands or facilities, the pipeline enterprise may report it to the pipeline protection authority of the district where the repair operation is located.
The district pipeline protection authority, after receiving the said report, shall assist the pipeline enterprise to carry out pipeline repair operations and, if necessary, may requisition the relevant lands or facilities according to law.
Article 17The municipal development and reform authority and the district pipeline protection authorities shall formulate annual plans for pipeline safety supervision and inspection and organize the implementation of the annual plans.
The municipal development and reform authority and the district pipeline protection authorities may carry out joint enforcement of pipeline protection laws and regulations in conjunction with the authorities in charge of emergency management, public security, land, urban management, etc.
Where the municipal development and reform authority or the district pipeline protection authorities receive complaints or reports on illegal actions endangering pipeline safety from the organizations or individuals, or receive any clues of illegal actions endangering pipeline safety from other authorities, it shall verify them within 5 days and handle them according to law.
Article 18Where a pipeline enterprise violates Article 7 herein by failing to submit the as-built survey drawings to the municipal development and reform authority for filing, the municipal development and reform authority shall order it to make corrections within a prescribed time limit; if it fails to make corrections within the prescribed time limit, shall be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000 and the sanctions on the person in charge directly responsible and other persons directly responsible.
Article 19Where a pipeline enterprise violates Article 8 herein by committing any of the following actions, the pipeline protection authority of the district where the pipelines are located shall order it to make corrections within a prescribed time limit; if it fails to make corrections within the prescribed time limit, shall be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000 and the sanctions on the person in charge directly responsible and other persons directly responsible:
(1) Failing to set up warning signs of pipelines in the specified areas that the pipelines pass through;
(2) Failing to specify the names of the pipelines, the management entities, the hotlines for public reports and repair, and the warning words on the warning signs; or
(3) Failing to repair or update damaged warning signs or warning signs with unclear contents.
Article 20Where a pipeline enterprise violates Article 9 herein by failing to investigate and evaluate external risk areas and sources of danger that may affect the safety of the pipelines, or failing to formulate corresponding protection plans, the pipeline protection authority of the district where the pipelines are located shall order it to make corrections within a prescribed time limit; if it fails to make corrections within the prescribed time limit, shall be imposed a fine of not less than RMB 20,000 but not more than RMB 100,000.
Article 21Where a pipeline enterprise violates Article 10 herein by failing to provide training on knowledge and skills related to pipeline protection for the entrusted pipeline patrol personnel on a regular basis, the district pipeline protection authority shall order it to make corrections within a prescribed time limit; if it fails to make corrections within the prescribed time limit, shall be imposed a fine of not less than RMB 10,000 but not more than RMB 30,000.
Article 22Where a pipeline enterprise violates Paragraph 2 of Article 11 herein by failing to publicize the knowledge of pipeline safety protection and emergency protection to villages’ (residents’) committees and entities along the pipelines on an annual basis, the pipeline protection authority of the district where the pipeline is located shall order it to make corrections within a prescribed time limit; if it fails to make corrections within the prescribed time limit, shall be imposed a fine of not less than RMB 10,000 but not more than RMB 30,000.
Article 23Where a pipeline enterprise violates Article 13 herein by failing to upload pipeline information to the municipal pipeline information management platform in accordance with unified technical standards and requirements, the municipal development and reform authority shall order it to make corrections within a prescribed time limit; if it fails to make corrections within the time prescribed limit, shall be imposed a fine of not less than RMB 20,000 but not more than RMB 50,000.
Article 24Where a construction contractor violates Paragraph 1 of Article 15 herein by failing to carry out construction operations in conformity with the construction operation plan and safety protection agreement or the decision of the district pipeline protection authority on approval of construction operation, the pipeline protection authority of the district where the construction is located shall handle it in accordance with the provisions of Article 53 of the Law of the People’s Republic of China on the Protection of Oil and Natural Gas Pipelines.
Where a project developer violates Paragraph 3 of Article 15 herein by failing to require the construction contractor to carry out the construction operations according to the construction operation plan and safety protection agreement or the decision of the district pipeline protection authority on approval of construction operation, the pipeline protection authority of the district where the construction is located shall order it to make corrections and impose on it a fine of not less than RMB 10,000 but not more than RMB 50,000.
Article 25Where the municipal development and reform authority, the district pipeline protection authorities or any other relevant authorities and their staff fail to fulfill their duties as required by law, the competent authorities shall order them to make corrections and impose sanctions on the person in charge directly responsible and other persons directly responsible; if a crime is constituted, criminal liabilities shall be investigated and affixed according to law.
Article 26These Rules shall come into force on April 1, 2018.