The Yellow River Protection Law came into effect on April 1, 2023, strengthening the legal safeguards for the major national strategy of ecological protection and high-quality development in the Yellow River Basin.

On October 30, 2022, the 37th session of the Standing Committee of the 13th National People’s Congress adopted the Law of the People’s Republic of China on the Protection of the Yellow River, which came into effect on April 1, 2023. In response to questions regarding the background and significance of the law’s enactment and implementation, as well as its key features and salient points, Yuan Jie, Director of the Administrative Law Division of the Legislative Affairs Commission of the NPC Standing Committee, provided a detailed analysis for the public.

It has been introduced at just the right time.

Enacting the Yellow River Protection Law is an important measure to comprehensively implement, in legal form, the spirit of General Secretary Xi Jinping’s important speeches, instructions, and directives on ecological protection and high-quality development in the Yellow River Basin, as well as the decisions and arrangements of the CPC Central Committee. It is an urgent necessity for strengthening the rule-of-law safeguards for this major national strategy of ecological protection and high-quality development in the Yellow River Basin; a practical response to the specific challenges facing the basin; a concrete step toward establishing the legal institutions required to meet the growing aspirations of the people in the Yellow River Basin for a better life; and an objective requirement for improving the socialist ecological and environmental protection legal system with Chinese characteristics.

On the occasion of the 70th anniversary of Comrade Mao Zedong’s great call to “get the Yellow River right,” the third anniversary of General Secretary Xi Jinping’s chairmanship of the symposium on ecological protection and high-quality development in the Yellow River Basin, and the successful convening of the 20th National Congress of the Communist Party of China, the 37th session of the Standing Committee of the 13th National People’s Congress deliberated and adopted the Yellow River Protection Law, thereby comprehensively advancing the rule of law in the nation’s “River Strategy.” This comes at an opportune moment and carries profound significance.

The entire text is replete with highlights.

The Yellow River Protection Law takes into account the unique characteristics of the Yellow River Basin, squarely addresses the principal contradictions in its conservation, and draws extensively on lessons learned from past efforts to protect the river. With comprehensive and detailed provisions, it provides robust legal safeguards for advancing ecological protection and high-quality development in the basin, marking a landmark piece of legislation for river‑basin governance, distinguished by its salient features and numerous noteworthy highlights.

Implementing the principle of “prioritizing protection and focusing on governance”: Adhering to a water‑centric approach, with rivers as the connecting link and river basins as the foundation, we will comprehensively apply the principles of determining urban development, land use, population size, and industrial structure based on water availability, treating water resources as the most stringent and rigid constraint. Upholding a problem‑oriented approach: We will firmly grasp the critical issue of regulating the relationship between water and sediment, and for the various specific challenges facing the Yellow River Basin, we will establish tailored institutional measures for particular regions and issues. Embracing a systems‑based perspective: We will adopt a holistic, basin‑wide strategy, striking an appropriate balance between conservation and development, and enhancing the systematic, integrated, coordinated, and timely nature of the legal framework for Yellow River protection. We will also ensure seamless alignment with relevant laws and regulations and leverage the synergistic effects of legal instruments.

The Yellow River Protection Law clearly defines the scope of its application, refines the management system, and strengthens planning and regulatory oversight. It sets forth targeted provisions to enhance ecological and environmental protection, promote the economical and intensive use of water resources, ensure the safety and well-being of the Yellow River, foster high-quality development, and safeguard, inherit, and carry forward Yellow River culture. The law also reinforces safeguards, supervision, and enforcement, introducing numerous institutional innovations and pragmatic, effective measures.

Strengthen ecological conservation and restoration.

The fragility of the ecological environment is the most pressing issue in the Yellow River Basin. The Yellow River Protection Law sets forth provisions to strengthen ecological and environmental protection primarily through two key measures: enhancing ecological conservation and restoration, and intensifying pollution prevention and control.

Strengthening Ecological Conservation and Restoration: The State is mandated to enhance ecological conservation and restoration in the Yellow River Basin, adhering to integrated protection and restoration, and implementing systematic governance that prioritizes natural recovery while combining it with artificial restoration. It requires the formulation of an ecological restoration plan for the Yellow River Basin’s land space, the organization and implementation of major ecological restoration projects, and the coordinated advancement of ecological conservation and restoration efforts throughout the basin. In light of the distinct ecological conservation and restoration needs of various regions—including the headwaters, the Loess Plateau, the river mouth, and the delta—targeted measures are prescribed, such as maintaining the natural state of rivers and lakes, carrying out ecological restoration projects, combating desertification, preventing and controlling soil and water loss, conducting comprehensive small‑watershed management, undertaking gully‑control works, constructing sediment‑retention dams, and providing ecological water replenishment. Additionally, provisions are established for regulating ecological flows in rivers and ecological water levels in lakes, managing the establishment and operation of nature reserves, safeguarding biodiversity, designating closed‑fishing periods in key waters, comprehensively addressing groundwater over-extraction, and restoring mined‑out areas.

Strengthening pollution prevention and control: The State is required to enhance comprehensive, systematic, and source‑based management of environmental pollution in the Yellow River Basin and to advance integrated remediation of key rivers and lakes. It mandates the conduct of surveys and monitoring of toxic and hazardous chemicals, as well as environmental risk assessment and control, while reinforcing the regulation and treatment of emerging pollutants. Provisions are also laid out concerning water quality standards, effluent discharge standards, total‑quantity control of priority water pollutants, oversight of discharge outlets, prevention and control of soil and groundwater contamination, prevention and control of solid‑waste‑related environmental pollution, and mitigation of agricultural nonpoint‑source pollution in the Yellow River Basin.

Promote the economical and intensive use of water resources.

Water scarcity is the most pressing challenge facing the Yellow River Basin. The Law on the Protection of the Yellow River sets forth the following key provisions to promote the economical and intensive use of water resources:

The State is to strengthen measures in the Yellow River Basin to enhance water‑saving and efficiency in agriculture, reduce water use and emissions in industry, and cut water losses in urban areas, thereby ensuring the economical and intensive use of water resources and advancing the development of a water‑conserving society. It is stipulated that water resource utilization in the Yellow River Basin shall adhere to the principles of prioritizing water conservation, integrated planning, intensive use, and meticulous management. The State shall implement unified allocation of the Yellow River’s water volume and formulate water‑allocation plans. Furthermore, the State shall conduct unified scheduling of water resources in the Yellow River Basin, following the principles of total‑volume control, cross‑sectional flow control, tiered management, and tiered accountability, with dynamic adjustments made in response to changing hydrological conditions. Provisions are also laid out regarding total water‑withdrawal quotas, water‑withdrawal permits, differentiated management of water resources, mandatory water‑use quotas, water‑metering, sector‑specific water‑saving measures, the water‑pricing system, drinking‑water source areas and protection zones, the utilization of non‑conventional water, and emergency scheduling during severe droughts.

Ensuring the Yellow River remains safe and free from harm.

Floods pose the greatest threat to the Yellow River Basin. To ensure the long-term safety and stability of the Yellow River, it is essential to firmly grasp the critical issue of regulating the water–sediment relationship. The Law on the Protection of the Yellow River has strengthened the systems for water–sediment regulation and flood‑control safety, thereby safeguarding the river’s stability and minimizing harm. The key provisions are as follows:

It is stipulated that the state shall coordinate the construction of a flood‑control system for the Yellow River and its tributaries, strengthen inter‑basin and intra‑basin coordination, promote integrated flood‑control and drought‑mitigation efforts as well as ice‑breakage prevention across the upper, middle, and lower reaches of the Yellow River, and establish a scientific, efficient, and comprehensive flood‑control and disaster‑reduction framework. Regular assessments shall be conducted as appropriate to effectively enhance the Yellow River Basin’s capacity to prevent and mitigate floods and other disasters. The law also provides for the development of a water‑and‑sediment regulation and flood‑control and disaster‑reduction infrastructure system in the Yellow River Basin, the refinement of mechanisms for regulating water and sediment flows and for coordinating flood and ice‑breakage control, and the assurance of flood‑control safety. Furthermore, it sets forth requirements for the preparation of water‑and‑sediment regulation plans, flood‑defense plans, flood‑dispatching plans, and ice‑breakage‑dispatching plans, and lays down provisions regarding the implementation of a unified water‑and‑sediment dispatching system, the management of Yellow River floodplains, the administration and protection of rivers and lakes, river‑channel improvement, sand‑extraction management in riverbeds, and reservoir‑area management. Finally, it mandates that the people’s governments of cities within the Yellow River Basin shall coordinate urban flood‑prevention and drainage operations.

Promote high-quality development

Insufficient high-quality development is the most significant bottleneck in the Yellow River Basin. The Yellow River Protection Law sets forth the following key provisions to promote high-quality development:

It is clearly stipulated that promoting high-quality development in the Yellow River Basin requires adherence to the new development philosophy, accelerating the green transformation of development models, and optimizing and adjusting regional economic and productive‑force layouts on the premise of ecological protection. The strategy for ecological protection and high‑quality development in the Yellow River Basin is required to be advanced in coordination with the rural revitalization strategy, the new urbanization strategy, and other regional coordinated development strategies, such as the Rise of Central China and the Great Western Development. Local people’s governments at or above the county level in the Yellow River Basin are mandated to promote high‑quality development of the manufacturing sector and the transformation of resource‑based industries, develop regionally distinctive, competitive modern industries and clean, low‑carbon energy sources tailored to local conditions, and drive the optimization and adjustment of industrial, energy, and transportation structures. Provisions are also laid out concerning urban development, the construction of beautiful countryside, infrastructure development, the advancement of modern agriculture, scientific and technological innovation, and the adoption of a green, low‑carbon lifestyle.

Protect, inherit, and promote Yellow River culture.

A prominent issue in the Yellow River Basin is the inadequate systematic protection of its cultural heritage and the insufficient exploration of its spiritual essence. The Yellow River Protection Law sets forth the following key provisions for safeguarding, inheriting, and promoting Yellow River culture:

It is hereby stipulated that the State shall strengthen the protection, inheritance, and promotion of Yellow River culture; systematically safeguard Yellow River cultural heritage; conduct research into the historical development of Yellow River culture; elucidate its spiritual essence and contemporary value; and consolidate the sense of community among all Chinese ethnic groups. The State is required to formulate a plan for the protection, inheritance, and promotion of Yellow River culture, advance the construction of a comprehensive Yellow River cultural system, organize and carry out research on Yellow River culture and the history of river management, and promote the creative transformation and innovative development of Yellow River culture. Furthermore, the State shall enhance the protection of revolutionary relics and sites of memorial significance in the Yellow River Basin, establish bases for education in revolutionary traditions and patriotic education, and inherit and promote the Red culture of the Yellow River. Provisions are also laid down regarding the survey of Yellow River cultural resources, the protection of cultural heritage, the development of the Yellow River National Cultural Park, public cultural services, the creation of literary and artistic works, and cultural publicity and exhibitions.

Key Points for the Implementation of Laws

Implementing the Yellow River Protection Law is a mission of great honor and immense responsibility. Following its promulgation, all relevant parties must earnestly fulfill the duties and obligations set forth in the law, comprehensively apply the “four waters, four determinations” principle, strengthen rigid constraints, and safeguard the Yellow River in accordance with the law. Timely formulation or amendment of supporting regulations, rules, plans, standards, and other ancillary provisions is required to ensure that the systems prescribed by the law take root and are effectively implemented. In line with the Legislation Law, all necessary ancillary measures must be finalized within one year from the date the law comes into force; those yet to be issued should be expedited, while existing ones should be promptly revised and improved. Key ancillary provisions must enter into force concurrently with the Yellow River Protection Law. Furthermore, efforts to publicize and educate on the law must be intensified, with clear explanations of its new provisions, institutions, guiding principles, and initiatives. Leading cadres should set an example, ensuring that the Yellow River Protection Law reaches the people and resonates with them, achieving widespread awareness and fostering a positive social climate for the protection of this “mother river.”

Source: China Agricultural Network