Administrative Measures of Shenzhen Municipality on Shenzhen International Airport

From: Shenzhen Municipal Legislative Affairs Office | Updated:2023-04-13

(Adopted at the 20th meeting of the Executive Committee of the Fourth Shenzhen Municipal People’s Government, promulgated by Decree No. 148 of Shenzhen Municipal People’s Government on March 27, 2006)

Chapter One General Provisions

Article 1 In order to strengthen the administration to the Shenzhen International Airport of Shenzhen (hereinafter referred to as the airport), promote the construction and development of the airport, safeguard the airport’s safe operation and normal order, protect the legal rights and interests of the units stationed in airport, passengers and cargo owners, these Measures are formulated according to relevant law and regulations in combination of the actual circumstances of this municipality.

Article 2 These Measures shall be applicable to the administration carried out to the airport area and the activities relating to the airport, such as the planning and construction, safe operation, protecting the obstacle clearance zones, and environment protection, except that the law or regulations provide otherwise.

Article 3 For the purpose of these Measures, the definitions of the following terms are:

1. the managerial organ of airport refers to Shenzhen Airport Group Company Limited, which is a legal person established to manage the airport’s daily operation according to the Company Law of the People’s Republic of China;

2. the airport area refers to the area reserved for the airport according to the urban planning, including the area inside the airport’s walls, fences and other boundary enclosure facilities, and the area of urban terminal building outside the boundary enclosure facilities;

3. the land planned for airport refers to the land designated by the approved overall planning of the airport, including the lands used for navigation and telecommunication stations, and for their auxiliary facilities;

4. the airport controlled area refers to the non-public area which is designated in the airport according to the safety requirements, and where entering and leaving are subject to restriction, including the isolated area in the terminal, and the aircraft movement area;

5. the obstacle clearance zone of airport refers to the space which is designated for protecting the operation safety of civil aircraft, according to the law and regulations on civil aviation and the airport obstacle chart stipulated by the technical standards of civil aviation, and refers to the environment required by the airport’s communication and navigation stations;

6. the units stationed in airport refer to the governmental departments of air transportation, administration and service, relevant enterprises, public institutions and other units.

Article 4 Shenzhen Municipal People’s Government (hereinafter referred to as the municipal government) shall put the airport construction and development into the planning of national economical and social development, and shall be responsible for organizing its implementation.

The municipal government shall establish Shenzhen Municipal Administrative Committee of Air Harbor (hereinafter referred to as the committee of air harbor), under which an office (hereinafter referred to as the office of air harbor) shall be set up to take charge of the unified management to the airport, and of organizing the implementation of these Measures.

The district government of the area where the airport locates and the relevant functional departments of the municipal government shall cooperate and assist the implementation of these Measures according to their respective functions and duties.

The managerial organ of airport shall manage the airport’s daily operation, and fulfill relevant administrative functions according to these Measures under the guiding of the committee of air harbor and its office.

Article 5 The airport is a basic facility for public welfare. The municipal government shall make industry policies to encourage and ensure the balanced and coordinated development of the airport’s social and economical benefits.

The departments and organs managing the airport shall observe the principles of safety first, providing good services and ensuring normal flight, strictly observe the provisions of law, regulations and rules, accept the supervision and administration by the competent department of civil aviation and the municipal government, and provide just and equitable services for air transportation enterprises, other units stationed in airport and social public.

Article 6 The managerial organ of airport shall be responsible for the airport’s operation and management. The municipal supervisory and administrative organ of state-owned properties shall supervise and administer the state-owned properties of the managerial organ of airport.

Chapter Two Institutions and Functions

Article 7 The municipal committee of air harbor shall fulfill the following functions and duties according to these Measures:

1. examining the strategic target, overall planning of the airport development, examining the important policies to promote the construction and development of airport and the development of regional air transportation industry, and submitting them to the municipal government for approval;

2. researching the relationships between the airport and the air harbors around, and coordinating the problem of using navigation area between the airport and the air harbor around;

3. coordinating the relationships in development between the airport and the national administrative department of civil aviation and other national administrative departments, and coordinating the relationships in development between the airport and the relevant international organizations and institutions of civil aviation;

4. coordinating the important affairs of the ports in airport area, coordinating the problems concerning the planning, construction, management and service of the ports in airport area, and coordinating the relationships between the units stationed in airport and the managerial organ of airport;

5. coordinating the relationships on construction and management between the airport and the distribution park, free trade zone and harbor;

6. deliberating the governmental investment plan concerning the airport and the annual plan of using the airport dues retained by local government, which are put forward by relevant departments;

7. deliberating the scope of franchise projects, the charging standards and the method of granting franchise;

8. deliberating other important matters of local government on civil aviation development.

Article 8 The director of municipal committee of air harbor shall be held by the mayor or the vice mayor in charge. The members of the committee shall be held by relevant administrative departments of the municipal government, such as the departments of development and revolution, planning, state-owned land, finance, public security, traffic and transportation, environment protection, industry and commerce, port and state-owned properties, the government of Bao'an District, the units which are under the central government and stationed in Shenzhen, such as the units of customs, frontier inspection, defense inspection, maritime and supervisory office of civil aviation, the base airline company and the managerial organ of airport. The number of the committee members shall be singular and no larger than 25. The municipal committee of air harbor may establish a consultation committee based on its needs in management, and may invite experts in the field of civil aviation at home and abroad, and citizen representatives to participate in the committee.

The specific number and member candidates of the municipal committee of air harbor shall be determined by the municipal government.

The municipal committee of air harbor shall hold at least one meeting every quarter. The meeting shall be convened by the director or his entrusted deputy director. The municipal committee of air harbor shall draft the specific rules of procedures of the meeting and submit them to the municipal government for approval.

Article 9 The municipal office of air harbor shall take charge of the daily affairs of the committee of air harbor, and the organization, coordination and supervision work of implementing the decisions made by the committee, and shall fulfill the following specific functions and duties:

1. carrying out the resolutions and decisions made by the committee of air harbor, checking and summarizing the situations of construction, management and business development of the airport, and reporting to the committee regularly;

2. implementing the law, regulations and rules on airport management, and drafting local regulations, rules and normative documents on airport management based on the actual needs of airport management and according to the requirements of the committee of air harbor;

3. participating in the making and revising of the airport’s overall planning, and coordinating relevant departments in pushing the construction of airport’s basic projects;

4. researching the implementation of the general and specific policies on civil air transportation industry, collecting information about the development of civil air transportation industry at home and abroad, organizing the investigation and research on the airport’s important issues, putting forward opinions and suggestion for improving the airport management and providing consultation for the municipal government and committee of air harbor in decision-making, contacting with the superior competent department of civil aviation, and coordinating the relationship between the airport and the superior competent department of civil aviation;

5. researching the direction of airport’s business development, guiding the expansion of civil aviation businesses in this municipality, and pushing the airport to communicate and cooperate with the airline companies and other airports at home and abroad;

6. assisting relevant competent departments in guiding and coordinating the work of relevant units and checking units in the airport area;

7. undertaking other work assigned by the municipal government and the committee of air harbor.

Article 10 The managerial organ of airport shall take charge of the work of safety assurance, operation services, environment protection and public affair management, which include the following specific functions and duties:

1. keeping operation safe and normal, and providing safe, fair and good services for airport users, such as carriers, passengers and cargo owners, according to the demands of economical and social development in this municipality and surrounding areas;

2. operating the airport under the commercial principle of prudence, introducing social commercial organizations by various means, including granting franchise, to participate in the operation and development of airport service, to satisfy the business development demands of civil air transportation of passenger and freight;

3. drafting managerial rules according to the law, regulations and rules on civil aviation and these Measures, and organizing their implementation after the committee of air harbor examines and approves;

4. participating in drafting and revising the airport overall planning, and carrying out supervisory management to the constructions which are conducted in the airport and by the units stationed in airport according to the airport overall planning and the safety requirements;

5. organizing the construction and development of airport according to the airport overall planning approved legally and the decisions made by the committee of air harbor, and managing and using the lands in the airport area according to law;

6. taking charge of the safety and management of the airport controlled area, maintaining the safety and normal production orders in the airport area;

7. managing the dragging and parking of aircraft in the aircraft movement area;

8. fulfilling the functions and duties of improving all facets of public security, guarding, fire controlling, and of protecting the obstacle clearance zones, city appearance, environment and sanitation in the airport area, exercising the power of imposing administrative penalty according to the entrustment of relevant department of the municipal government, and cooperating with relevant departments in protecting the environment outside the airport area and managing the obstacle clearance zones;

9. organizing the drafting and revising of the airport advertisement planning, and cooperating relevant competent department in managing indoor and outdoor advertisements in the airport area.

Article 11 The municipal supervisory and administrative department of state-owned properties shall supervise and administrate over the operation and management of the state-owned properties, the important investment projects, the important operational decision-making and the important financial change of the managerial organ of airport.

The municipal supervisory and administrative department of state-owned properties shall establish a target check-up system to check the managerial organ of airport on the operation of state-owned properties, and assess the airport’s social and economical benefits comprehensively according to its increasing rate of passenger and freight transportation amount, the social appraisal to its services and the increasing rate of value of its managed state-owned properties.

Chapter Three Planning, Construction and Land Management

Article 12 The airport overall planning shall satisfy the development demands of the civil air transportation industry in this municipality, and shall be consistent with the technical standards of civil airport and the urban overall planning.

The airport overall planning shall be submitted for approval according to legal procedures, and shall be put in the planning of national economical and social development of this municipality.

The managerial organ of airport shall manage the land planned for airport according to these Measures, which is designated by the airport overall planning according to law.

Article 13 The airport construction shall satisfy the requirements of the airport overall planning, and shall be consistent with the provisions on flight safety, environment protection, fire controlling and security guarding of the airport.

Anyone who is approved to use the land planned for airport according to law shall use the land for the approved purpose, and shall apply for approval if he wants to change the purpose of using land or the use characteristic of building.

Article 14 No unit or individual may use the land planned for airport until being approved through legal procedures after the municipal committee of air harbor examines the application with the opinions put forward by the managerial organ of airport.

Article 15 The managerial organ of airport shall draft a planning for the establishment of indoor and outdoor advertisement facilities in the airport area, and shall organize its implementation.

Anyone who wants to establish an outdoor advertisement facility in the airport area shall go through the examining, approving and registering formalities at relevant departments after the managerial organ of airport approves.

Article 16 Every one holding the use right of land in the airport area shall be responsible for the construction, maintenance and reparation of the public facilities of road, environment protection, sanitation and afforestation in the land.

The managerial organ of airport shall be responsible for the establishment and reparation of the boundary enclosure facilities of airport.

Article 17 Anyone who wants to build, alter or expand a project in the airport area shall go through the formalities of examination and approval according to law after getting approval from the managerial organ of airport and the municipal committee of air harbor.

Article 18 No unit or individual may build, alter or expand a construction or building in the airport area without approval, establish any outdoor advertisement facility without approval, rent out or transfer his land or a building or facility in the land, or change the use of the land, building or facility.

Article 19 Anyone who constructs in the airport shall satisfy the requirements of safe production. The managerial organ of airport shall stop the activity in violation of the construction operating rules or endangering flight safety, and shall report to the administrative department to deal with according to law.

Anyone who constructs in the area for protecting obstacle clearance zone of airport shall observe the provisions on protecting the obstacle clearance zones and accept supervision.

Article 20 The facilities of electricity supply, water supply and communication shall be constructed according to the national construction standards for civil airport and be constructed in order to ensure the safe operation of airport.

The units responsible for electricity supply, water supply and communication shall adopt effective measures to give prior and special assurance to the airport’s needs.

Chapter Four Administration for the Safety of Airport

Article 21 The managerial organ of airport shall guarantee the airport in safe and normal operation, and take direct responsibility for the airport’s safe operation.

Enterprise of air transportation and other units stationed in airport shall take corresponding responsibilities of safety assurance according their respective functions and duties.

Article 22 The managerial organ of airport shall fulfill the following functions and duties on ensuring the airport’s safe and normal operation according to relevant law, regulations and rules:

1. constantly keeping every facility and equipment consistent with the relevant technical standards and the requirements on safe operation;

2. dividing the controlled area into several special areas based on the needs of airport operation and safety guarding, and making separate managing rules for each area;

3. drafting emergent rescue preplanning of the airport, and organizing its implementation after it is approved according to law;

4. checking passengers and freight for safety and guarding in the airport controlled area;

5. establishing and maintaining the facilities of safety protection and the obvious signals in the airport controlled area;

6. protecting the obstacle clearance zones in the airport, and assisting relevant departments in protecting the obstacle clearance zones outside the airport.

Article 23 The designation and adjustment of the scope and passageway of the airport controlled area and its inner functional areas shall be determined by the managerial organ of airport jointly with the department of public security in the airport according to relevant national provisions.

Every person and vehicle entering into the airport controlled area shall produce its effective passport, act or move in defined area, accept the check and obey the order of security guarder.

Article 24 The passport for person and vehicle entering in the airport of controlled area shall be applied for to the department of public security in airport by the using unit according to its working needs, and be granted by the department according to relevant national provisions after the managerial organ of airport approves.

When the department of public security in airport makes rules on granting and using the passport for person and vehicle entering in the airport controlled area, it shall inform the managerial organ of airport.

Article 25 Every unit and individual entering in the airport controlled area shall observe the relevant rules on safety management made by the managerial organ of airport, and shall accept the safety check as required, except that the State provides otherwise.

Article 26 The following activities which endanger or may endanger the safety of civil aviation are prohibited in the airport area:

1. entering the airport controlled area without an effective passport;

2. crossing a runway or taxi track casually;

3. carrying dangerous article which endangers the safety of civil aviation in the passenger terminal or on an aircraft, or carrying dangerous article secretly in an unaccompanied baggage or cargo;

4. boarding or occupying an aircraft forcibly;

5. climbing on, getting through, crossing or destroying a boundary enclosure facility or a safety protection facility of the airport, or destroying an obvious signal;

6. hunting, shooting, firing a gun or setting off fireworks or firecrackers in the airport, or failing to use an alarm as required;

7. making a false report of danger, making chaos or disrupting the order in airport;

8. other activities endangering the safety of civil air transportation.

Article 27 Every unit and department in the airport shall establish a responsibility system of fire control, appoint a person responsible for fire control, equip itself with fire control instruments, equipments, facilities and fire control safety marks strictly as required by fire control provisions, regularly check and maintain the fire control instruments, equipments and facilities and ensure them in good and functional condition, and accept the supervision and inspection by the fire control organ of public security.

The managerial organ of airport shall set up full time fire brigades. The relevant units in the airport shall set up voluntary fire brigades. Both kinds of fire brigades shall be staffed with persons and equipped with devices according to national provisions. The fire control organization of airport shall accept the business guiding by the competent department of the safety of civil aviation and the fire control organ of public security, and be subject to the unified dispatching when there needs fire fighting, emergency disposing or rescue in the airport.

Article 28 The airport shall have an airport emergent rescue institution which shall be composed by the relevant departments of the municipal government, the administrative department of the safety of civil aviation, the managerial organ of airport, the units stationed in airport and the medical institution of first aid. The managerial organ of airport shall be responsible for the specific work of establishment.

The airport emergent rescue institution shall command and coordinate in the rescue site, and have the power of dispatching relevant rescue units to carry out emergent rescue. The relevant rescue units shall obey the commands made by the emergent rescue institution.

Article 29 The managerial organ of airport shall draft an emergent rescue preplanning according to the requirements of the municipal overall emergency preplanning for emergent public events, and submit the preplanning to the municipal committee of air harbor for examination. The emergent rescue preplanning shall be promulgated after the administrative department of the safety of civil air transportation and the municipal government examines and approves.

The emergent rescue preplanning shall indicate the emergent rescue procedures and the respective functions and duties of relevant rescue units, in order to ensure that the rescue can be carried out immediately and effectively.

Every rescue unit shall make an implementing scheme of emergent rescue according to the provisions of the airport’s emergent rescue preplanning, and report it to the managerial organ of airport.

Article 30 Every unit and individual shall report to a relevant competent department and the managerial organ of airport according to stipulated procedures when he discovers an emergent event seriously endangering the safety of aircraft, persons or properties, such as aircraft crashing, aircraft breaking down in the air, explosive threaten, building catching fire, operation of aircraft being interfered illegally, epidemic of infectious disease, pollution of radioactive material and invasion of organisms or chemical substance.

The managerial organ of airport may, according to the procedures and powers stipulated in the emergent rescue preplanning, put the airport under emergency situation, inform rescue units and the municipal command center for emergency, and report to the municipal government immediately.

Every unit receiving the emergent information sent by the managerial organ of airport shall carry out emergent rescue rapidly according to the emergent preplanning.

Article 31 The managerial organ of airport shall regularly organize emergent rescue drills.

The managerial organ of airport shall draft the plan for comprehensive rescue drill, and organize its implementation after the municipal committee of air harbor approves.

Chapter Five Administration to the Airport Operation

Article 32 The managerial organ of airport shall have the franchise of the airport’s operational service, coordinate and manage all the producing and operating activities of the airport.

Without being approved or authorized by the managerial organ of airport, no unit or individual may engage in or provide any operational service in the airport, post or distribute propaganda materials in the airport, solicit contributions, give a lecture or gather people for commercial purpose, or sell by any means.

Article 33 The managerial organ of airport shall carry out kinds of operating models, such as self-management and transferring a franchise with compensation, to the airport’s service items, on the premise that the airport is operated safely and normally, and according to the principles of encouraging competition, opposing and restricting monopolization.

The managerial organ of airport may rent out sites and facilities to other enterprises or institutions for development, operation and use in a project involving air transportation service, and may transfer the franchise concerning airport operational service to another enterprise.

In the activities of operating and managing the airport, the managerial organ of airport shall strictly observe the provisions of law, regulations and rules, and accept the supervision and administration by its superior competent department of civil aviation and the relevant departments of the municipal government.

Article 34 The managerial organ of airport shall make an agreement with every unit stationed in airport, and define the rights, obligations and responsibilities of both parties. The air transportation enterprise shall make a written agreement with the managerial organ of airport according to law when it enters the airport and starts a flight route, and shall submit the written agreement for approval according to stipulated procedures.

A written agreement shall be made when a unit stationed in airport needs the airport to provide service assurance or uses the airport’s facilities or equipments.

Article 35 The managerial organ of airport shall draft serving norms for the airport area jointly with the units stationed in airport, such as the entry-exit checking organ and the air transportation enterprises, and shall promulgate and implement the norms after the municipal committee of air harbor examines and approves.

The industry serving norms of the airport area which are made by relevant units stationed in airport shall satisfy the requirements of the serving norms for airport area in order to ensure the good service quality in the airport area.

Article 36 When the managerial organ of airport transfers a franchise to another unit, it shall observe the principles of in favor of developing airport services, fairness and justice, and choose a qualified operator by open bidding or auction. The operator may not be determined until the municipal committee of air harbor examines and approves.

The managerial organ of airport shall put forward a plan about the scope and charging standards of the franchise to be transferred, and shall implement the plan after the municipal committee of air harbor approves.

Article 37 The managerial organ of airport shall sign a franchise agreement with the franchise unit determined by law.

The managerial organ of airport shall provide necessary facilities, equipments and conditions for franchise unit to carry out franchise activities.

The franchise unit shall carry out franchise activities according to the franchise agreement and the serving norms for airport area, and pay franchise fees as agreed.

Article 38 Anyone who charges for airport service shall observe the charging standards made by the competent departments of civil aviation and pricing, shall submit his charging item or charging standards to the municipal committee of air harbor for examination and approval if the competent department of civil aviation or pricing does not make a determination about it, and shall go through the relevant formalities according to law.

Article 39 Anyone who operates business in the airport area shall observe the provisions of law, regulations and rules, and abide by the serving norms for airport area, and may not commit unfair competition, sell any counterfeit or shoddy product or sell any product endangering flight safety.

Article 40 The managerial organ of airport shall provide services in the airport terminal according to the following rules:

1. the layout of every operational service shall be convenient for passengers, coordinate with each other and satisfy the working demands of relevant producing and serving units;

2. the managerial organ of airport shall provide flight information board, rest area and information agency, and establish necessary facilities to provide the services of catering, post and telecommunication, bank, foreign currency exchange, medical aid, lost and found property claim and baggage check;

3. the operational serving activities may not confuse the flight display system and guiding symbols which are provided for passengers.

Article 41 The managerial organ of airport, the air transportation enterprises and the enterprises stationed in airport which provide operational services, such as the banks, post and communications, public transportation, hotels, restaurants and marketplace, shall provide safe and convenience service facilities as required and according to the actual needs, set obvious signs in Chinese and English, and keep the serving environment good and tidy.

Article 42 The managerial organ of airport shall fulfill its functions and duties according to law, adopt measures to protect the legal rights and interests of passengers, cargo owners and units stationed in airport.

When passengers or goods are held up because the flight is delayed or cancelled, the managerial organ of airport shall circulate the flight information in time, and assist the relevant air transportation enterprises to accomplish the work of providing emergency services and after-care.

Chapter Six Working Coordination System for the Units Stationed in Airport

Article 43 The municipal office of air harbor shall take charge of the daily coordination among the units stationed in airport, regularly or casually convene the managerial organ of airport and units stationed in airport to research and solve the problems arising in the airport’s daily operation and business development, and requiring coordination.

Article 44 Every unit stationed in airport shall make its working process procedures in accordance with the principles of being convenient for passengers, cargo owners and neighboring units, and being easy to operate, in combination with the working characteristics of airport, and according to the requirements of relevant law, regulations and rules. If the procedures involve a matter of another unit, the unit shall discuss with the other unit.

Article 45 The municipal government shall put the construction and administration of the ports in airport into the overall planning for constructing urban ports, and organize its implementation.

The municipal government shall provide necessary assurance and services for the checking units in the airport to accelerate customs clearance.

The checking units stationed in airport shall make specific checking measures jointly with the managerial organ of airport, set reasonable procedures, equip themselves with necessary staff, facilities and equipments, and provide convenient, quick services for passengers and cargo owners.

Article 46 Units stationed in airport shall work for the aim of guaranteeing that the flights in the airport are normal and on schedule, strictly obey the working rules, requirements and procedures, and may not hinder the normal operation of the airport or cause any flight delay with any excuse.

Every unit concerned shall arrange staff on duty day and night, keep in touch with the managerial organ of airport, ensure the airport is open as usual, and promise to accomplish special safeguarding tasks when the airport becomes an alternate unexpectedly.

Article 47 The managerial organ of airport shall inform relevant units stationed in airport of the flight information and the requirements on service assurance in time. The relevant units shall earnestly organize the implementation after receiving the information.

Article 48 Every unit in airport shall cooperate with each other actively, and shall have the responsibility to suggest improvements when there is a unit failing to fulfill its function or duty and therefore causing a working mistake, or report to the municipal committee of air harbor for coordination or resolution.

Article 49 The municipal office of air harbor, the managerial organ of airport and other relevant units stationed in airport shall establish the systems for accepting complaints, and shall publicize the time, place and ways for accepting complaints.

The municipal office of air harbor shall supervise the managerial organ of airport and units stationed in airport when they deal with complaints, and shall put forward suggestions and urge them to make correct ion and improvement.

Article 50 The managerial organ of airport shall, jointly with the municipal office of air harbor, organize and coordinate the reception work when a major or important activity involving foreign affairs is held in the airport. Units stationed in airport involved shall cooperate with the managerial organ.

Chapter Seven Administration to the Traffic and Environment of Airport

Article 51 The municipal government shall put the transportation in the airport and its surrounding areas into the urban overall planning of traffic, accomplish the goals of making reasonable layout, making traffic convenient and quick, and making symbols clear, ensure that the facilities of public traffic in the airport area satisfy the demands of aviation passenger flow, and provide a safe, convenient, quick and comfortable public traffic environment in the airport for passengers.

Article 52 The municipal competent administrative department of traffic shall organize the implementation of developing a municipal public passenger transportation line in the airport and putting passenger cars on the market according to the airport’s overall planning and the planning for developing traffic and transportation in the municipality.

Article 53 Anyone who engages in the business on road shall strictly observe the administrative provisions on traffic and transportation. No vehicle may be used in the profit-making business of passenger transportation if it is not qualified legally.

Anyone who wants to engage in the business of passenger transportation by water at the airport’s wharf shall get approval from the municipal competent administrative department of traffic. Every ship entering the harbor shall be consistent with the provisions of law and regulations on the safety of marine traffic, and shall be put under the administration and supervision of the department of maritime according to law.

Article 54 The managerial organ of airport shall designate public sites for regular or occasional parking in the airport according to the national standards and the actual demands.

Unit which invests and constructs the public parking site in the airport shall operate it and charge fees according to relevant rules.

Every vehicle entering the public parking site shall be consistent with the relevant administrative rules on parking.

Article 55 The managerial organ of airport shall make rules for protecting the airport’s environment according to the law and regulations on environmental protection, and shall organize their implementation after submitting them to the municipal committee of air harbor and getting the approval.

The managerial organ of airport shall monitor the takeoff and landing of aircraft according to national standards, and impose necessary restriction on the aircraft which makes paranormal noise.

Article 56 The managerial organ shall afforest the airport, beautify the environment, purify the air, and keep the airport clean and tidy.

Every unit in the airport shall afforest the place where it locates, and keep the place clean and tidy according to the construction requirements of the planning for different zones.

Chapter Eight Administration to the Obstacle Clearance Zone of the Airport

Article 57 The municipal government and the government of the area where the airport locates shall be responsible for protecting the obstacle clearance zone of the airport. Every unit and individual shall observe the national provisions on protecting the obstacle clearance zone of airport.

Article 58 No unit or individual is allowed to commit any one of the following activities in the airport area or in the area for protecting the obstacle clearance zone of the airport:

1. building a construction or facility which may discharge a lot of smokes, fogs, dusts, powders, flames or waste gas and therefore threatening the flight safety;

2. building a shooting range, a depot for storing explosive or a construction or facility that may threaten the flight safety;

3. building a construction or facility which does not satisfy the requirements of protecting the obstacle clearance zone of the airport;

4. establishing a lamp, a sign or an object that may hinder the use of visual flight aids of the airport, or establishing a lamp producing intense light horizontally or towards the sky that may interfere the crew members seeing well;

5. growing a plant that may threaten the flight safety or hinder the use of visual flight aids of the airport;

6. feeding or releasing a bird that may threaten the flight safety, grazing a livestock in the airport area, or sending a balloon, an airship or a moving object into the sky that may threaten the flight safety;

7. engaging in a farming which easily attracts birds to gather around;

8. building or using a construction or facility which affects the electromagnetic environment of the airport;

9. conducting a blasting or an operation which does not satisfy the height requirements for protecting the obstacle clearance zone of the airport;

10. setting off fireworks;

11. burning crops or garbage that produces a lot of smokes and fogs.

Article 59 Anyone who wants to send an airship, fire balloon, glider, energized parachute or tethered balloon into the sky, or fire towards the sky in the area for protecting the obstacle clearance zone of the airport or its surrounding area shall get approval according to law. The approving organ shall inform the administrative department of air-traffic control and the managerial organ of airport of the activities approved.

Article 60 Anyone who wants to build a construction or facility which may threaten the flight safety in the area for protecting obstacle clearance zone may not go through the submission and approval formalities for construction until the administrative department of planning examines his application according to the requirements for protecting the obstacle clearance zone of the airport.

Anyone who wants to build a construction or facility in the airport shall submit the materials concerning the construction or facility to the administrative department of are-traffic control and the managerial organ of airport for examination and approval.

Article 61 Before an announcement of altering or expanding the airport is issued, the buildings, constructions, trees, lamps and other obstacles which are in the scope of airport designated by the airport’s overall planning or in the protection area of obstacle clearance zone of the airport, and may threaten the flight safety, shall be cleared away within the prescribed time limit. The losses caused by the clearing shall be compensated by money or other remedial measures according to law.

Article 62 After an announcement of altering or expanding the airport is issued, every building, construction, tree, lamp and other obstacle which is constructed, planted or set by a unit or individual in violation of the provisions of law, regulations or these Measures, and in the scope of the airport designated by the airport’s overall planning or in the protection area of obstacle clearance zone of the airport, and may threaten the flight safety, shall be cleared away by the order of the administrative department of urban comprehensive law-enforcement. If the unit or individual refuses to clear away the subject mentioned above, a compulsory clearing shall be made. The losses caused by the compulsory clearing shall be borne by the unit or individual who constructs, plants or sets the obstacle.

Article 63 The administrative department of air-traffic control and the managerial organ of airport shall adopt effective measures to protect the obstacle clearance zone of the airport, and shall report to the national competent department of civil aviation and the administrative department of urban comprehensive law-enforcement in time when it discovers an activity not satisfying the requirements for protecting the obstacle clearance zone of the airport.

The administrative department of urban comprehensive law-enforcement shall order the proprietor to set obstacle indicate lamps or signs on the construction or facility which is higher than the obstacle restriction level and can not be altered. The managerial organ of airport shall clear away the natural obstacles higher than the obstacle restriction level, and shall set obstacle lamps or signs on the natural obstacle which can not be cleared.

Article 64 The owner or operator of a big building or facility which is outside the civil airport or is outside the area for protecting obstacle clearance zone designated by national regulations but may threaten the flight safety shall set flight obstacle indicate lamps or signs and keep them in normal operation according to relevant provisions of the State.

Article 65 The managerial organ of airport shall clear away the birds and other animals, which are in the flight restriction area of civil airport and may threaten the flight safety, by driving them out or by other necessary methods.

Article 66 It is forbidden to construct a building, construction or facility that may affect the electromagnetic environment of the radio stations of civil aviation in the airport area or the area for protecting electromagnetic environment designated by law.

No radio transmission equipment, no facility or object producing electromagnetic radiation or reflection, which is established by a unit or individual, may hinder the normal use of the radio frequency reserved for the civil aviation.

Article 67 If the administrative department of air-traffic control or the managerial organ of airport discovers that the aviation radio station is suffering harmful interference from a radio station not for civil aviation or from another resource, it shall stop the interference in time, and shall report the detailed circumstances about the interference to the administrative department of radio. The administrative department of radio shall adopt measures to eliminate the interference in time and according to law.

Chapter Nine Legal Responsibilities

Article 68 Any activity which is in violation of the provisions of these Measures on city planning, market management, administration to taxis, administration to afforestation, administration to the city appearance, environment and sanitation, environmental protection, administration to roads and bridges or administration to buildings, shall be dealt with by the relevant competent department according to the provisions of law, regulations or rules.

If an illegal activity stipulated in the preceding paragraph is committed in the airport area, the relevant competent department may entrust the managerial organ of airport in dealing with or imposing administrative penalty. If there is no entrustment, the managerial organ of airport shall stop the illegal activity upon discovery, and inform the relevant competent department or transfer the case to it for dealing with in time.

Article 69 Any activity which is in violation of these Measures, destroying the peace and order in the airport area or threatening the safety of civil aviation, or is in violation of the provisions on fire or road traffic control, shall be dealt with by the department of public security according to law.

Article 70 If the managerial organ of airport is entrusted with the work of law-enforcement, its law-enforcement personnel shall be trained, and acquire the law-enforcement certificates after passing the examinations. The law enforcers shall issue their law-enforcement certificates to the parties when conducting investigations or inspections, and shall deal with the situations strictly according to the legal procedures.

Article 71 If the managerial organ or airport or its staff violate the provisions of these Measures, they shall be punished according to the provisions of relevant law, regulations or rules. The municipal government may impose the corresponding penalty to the managerial organ of airport and its principal leader.

Article 72 If a party is not satisfied with a specific administrative act conducted by an administrative department, he may apply for administrative review or bring administrative lawsuit according to law.

Article 73 If a relevant competent department, the managerial organ of airport or their staff neglect their duties, abuses their powers or play irregularities for favoritism, they shall be investigated for criminal responsibilities according to law if there is a crime, and shall be imposed administrative penalties if there is no crime.

Chapter Ten Supplementary Provisions

Article 74 These Measures shall enter into effect as of May 1, 2006.

Article 75 These Measures shall be applicable for reference to the safe operation and administration of the Nantou Heliport of Shenzhen Municipality.

(Note: The text above is a translation of the Chinese version for reference only. In case of any discrepancy between the two versions, the original published Chinese version shall prevail.)


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