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| Category | ENVIRONMENTAL PROTECTION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1994-10-09 | Effective Date | 1994-12-01 |
|
Regulations of the People's Republic of China on Nature Reserves |
|---|
Article 1 The Regulations are formulated with a view to
strengthening the construction and management of nature reserves and
to protect the natural environment and resources.
Article 2 For the purpose of the Regulations, nature reserves
refer to such areas, on land, inland water bodies, or
marine districts, which represent various types of natural ecological
systems, or with a natural concentrated distribution of rare and
endangered wild animal or plant species, or where natural traces or
other protected objects being of special significance are situated, and
so delimited out for special protection and administration according to
relevant laws.
Article 3 Establishment and management of nature reserves
within the territory of the People's Republic of China or the other
sea areas under the jurisdiction of the People's Republic of China
must comply with the Regulations.
Article 4 The state shall practice the economic and
technological policies and measures favourable to the development of
nature reserves, and incorporate the development planning of nature
reserves into the national economic and social development plans.
Article 5 The local economic construction, the production
activities and everyday life of local residents shall be properly
considered when the nature reserves are established and managed.
Article 6 Nature reserves administrative agencies and their
competent administrative departments may accept grants from both
internal and external organizations and individuals for the
establishment and management of nature reserves.
Article 7 The people's governments at or above the county level
shall strengthen leadership for the work concerning nature reserves.
All units and individuals shall have the obligation to protect the
natural environment and resources within nature reserves and have the
right to report on or file charges against units or individuals who
have destroyed or seized the nature reserves.
Article 8 The state shall practice a system which combines
integrated management with separate departmental management for the
management of nature reserves.
The competent department of environmental protection
administration under the State Council is responsible for the
integrated management of the nature reserves throughout the country.
The competent departments of forestry, agriculture, geology
and mineral resources, water conservancy, and marine affairs and other
departments concerned are responsible for relevant nature reserves
under their jurisdiction.
The people's governments of provinces, autonomous regions and
municipalities directly under the central government shall decide,
according to the specific condition of the locality, on the
establishment and the responsibilities of the administrative
departments of nature reserves in the people's governments at or
above the county level.
Article 9 The people's governments at various levels shall give Article 10 In the areas which meet one of the following (1) typical physiographic areas with representative (2) areas with a natural concentrated distribution of rare (3) those areas which are of special protection value, such (4) natural remains which are of scientific or cultural value, (5) other natural regions requiring special protection by Article 11 The nature reserves are divided into national National nature reserves are of typical significance in or out Local nature reserves are those other than the national ones Article 12 The establishment of a national nature reserve The establishment of a local nature reserve requires an The establishment of a nature reserve involving more The establishment of maritime nature reserves must be approved Article 13 In applying for the establishment of nature reserves, Article 14 The range and boundary of nature reserves shall The determination of the range and boundaries of nature Article 15 The cancellation of nature reserves or any change No units or individuals shall move the landmarks of nature Article 16 Nature reserves shall be named in the following ways: National nature reserves: Name of the location + "National Nature Local nature reserves: Name of the location + "Local Nature Reserves". If a nature reserve has its own special protected object, the Article 17 The competent department of environmental protection The nature reserves administrative agencies or Article 18 Nature reserves may be divided into three parts: the The intact natural ecosystems and the areas where the rare and Certain amount of area surrounding the core area may be The area surrounding the buffer zone may be designated as the If the people's government responsible for the approval of the Article 19 The competent department of environmental The relevant competent administrative departments of nature Article 20 The competent departments of environmental Article 21 The competent administrative departments of the The relevant competent administrative departments of nature Article 22 The major functions of administrative agencies of (1) to implement relevant laws, regulations, guidelines and (2) to formulate various management regulations so as to (3) to investigate into the natural resources and set up (4) to organize or assist relevant departments to make (5) to carry out education and public programs on nature (6) to organize activities such as visiting and sightseeing Article 23 The expenses needed for the management of the Article 24 The public security agency of the region where the Article 25 The units, residents inside the nature reserves and Article 26 In nature reserves, such activities as felling, Article 27 Nobody shall be allowed to enter the core area of Article 28 Tourism, production and trading activities are All units and individuals who participate in such activities Article 29 With respect to the visiting and sightseeing The visiting and sightseeing tourist projects that violate Article 30 Where there are no divisions within the nature Article 31 In cases when foreigners wish to enter a local nature All foreigners who enter nature reserves shall abide by the Article 32 No production installations shall be built in the The projects constructed in the outer protection zone of The decision to eliminate and control pollution within a Article 33 If any accident or accidental event takes place, the Article 34 Any unit or individual who has violated the (1) moving or doing damage to the landmarks of nature (2) entering the nature reserves without approval, or (3) carrying out scientific research, educational practice Article 35 Any unit or individual who has violated the Article 36 The administrative agencies of the nature reserves Article 37 Any administrative agency of the nature reserves (1) taking visit and sightseeing tour in nature reserves (2) setting up visit and tourist projects against the (3) taking visit and sightseeing tour failing to accord with Article 38 Whoever violates the Regulations by causing damage Article 39 Whoever hinders the work of the administrative staff Article 40 If a violation of the Regulations causes Article 41 Any person conducting management of nature reserves Article 42 The competent administrative department of nature Article 43 The people's governments of provinces, Article 44 The Regulations shall enter into force on December 1,
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awards to units or individuals who have made outstanding
contributions to the establishment and management of nature
reserves and the related scientific research.
Chapter II The Establishment of Nature Reserves
requirements, a nature reserve shall be established:
natural ecosystems, and those similar areas where the natural
ecosystems have been damaged to some extent, but can be restored
through proper protection;
and endangered wild animal or plant species;
as marine and coastal areas, islands, wetland, internal water
bodies, forests, grassland and deserts;
such as geological structures, famous karst caves, fossil
distribution areas, glaciers, volcanoes, and hot springs;
the approval of the State Council or the people's governments of
provinces, autonomous regions or municipalities directly under
the central government.
nature reserves and local nature reserves.
of the country, and have major international influence in science,
or are of special value for scientific research.
which are representative and significant for scientific research.
Local nature reserves may be managed by local governments at
separate levels. The specific measures shall be formulated by the
competent department of nature reserves under the State Council or
by the people's governments of provinces, autonomous regions
or municipalities directly under the central government according
to their specific conditions, and shall be submitted to the
competent department of environmental protection administration
under the State Council for the record.
requires an application from the people's government of the
province, autonomous region or municipality directly under the
central government where the proposed nature reserve is located
or by the competent department of nature reserves under the State
Council. After the appraisal by the National Nature Reserves Appraisal
Committee, the competent department of environmental protection
administration under the State Council shall coordinate with
relevant department to provide appraisal comments on
the application and then submit it to the State Council for
approval.
application from the people's government of the county, autonomous
county, municipality or autonomous prefecture where the proposed
nature reserve is located, or from competent department of nature
reserves in the people's government of the relevant province,
autonomous region or municipality directly under the central
government. After the appraisal by the local nature reserves
appraisal committee, the competent department of environmental
protection administration in the people's government of the
province, autonomous region or municipality directly under the
central government shall coordinate with relevant departments to
provide appraisal comments on the application and then submit it
to the people's government of the province, autonomous region or the
municipality directly under the central government for approval,
and meanwhile submit it to the competent department of
environmental protection administration under the State Council
and the relevant competent administrative department of nature
reserves under the State Council for the record.
than two administrative divisions, requires an application from
the people's government of relevant regions after their
consultation. Then the application goes through the same
procedures described in the preceding two paragraghs.
by the State Council.
it is necessary to complete the nature reserve establishment
report according to the relevant regulations of the state.
be determined by the people's government responsible for the
approval of the establishment. The boundaries of nature reserves
shall be indicated and announced to the public.
reserves shall be given consideration to the integrity and
suitability of the protected object as well as the needs of local
economic construction, the production activities and the everyday
lives of local residents.
or adjustment made in its property, range or boundaries shall be
approved by the people's government responsible for the approval
of the establishment of the nature reserves.
reserves without authorization.
Reserves".
name of the object may be added after the name of the location.
administration under the State Council shall, together with
the competent administrative department of nature reserves under
the State Council, formulate programs for the development of
national nature reserves based upon the detailed investigation and
evaluation of the natural environment and resources of the whole
country. After the overall balancing by the competent planning
department under the State Council, these programs shall be
submitted to the State Council for final approval and implementation.
competent administrative department of a particular nature
reserve shall draw up the construction plans for nature reserves,
which shall be included in the national, local or departmental
investment plans according to certain stipulated procedures, and
organize their implementation.
core area, buffer zone and experimental zone.
endangered animals or plants are concentratedly distributed within
nature reserves, shall be included in the core area into which no units
or individuals are allowed to enter. Scientific research activities are
generally prohibited in the core area except for those approved according
to Article 27 of the Regulations.
designated as the buffer zone, where only scientific observations
and other research activities are allowed.
experimental zone, where may be entered for various activities such as
scientific experiment, educational practice, visit and investigation,
tourism, and the domestication and breeding of rare and endangered
wild animal or plant species.
establishment of the nature reserves thinks it necessary, certain
amount of area surrounding the nature reserve may be designated as
the outer protection area.
Chapter III Management of Nature Reserves
protection administration under the State Council shall organize
relevant administrative departments of nature reserves under the
State Council to formulate national technical regulations and
standards for the management of nature reserves.
reserves under the State Council shall, within the field of
division of work, formulate the technical regulations on the
management of various types of nature reserves, and submit them to
the competent department of environmental protection
administration under the State Council for the record.
protection administration in the people's governments at or above
the county level shall have the right to conduct supervision and
inspection on the management of all the nature reserves within their
administrative division. The relevant competent administrative
departments of nature reserves in the people's government at or
above the county level shall have the right to conduct supervision
and inspection on the management of the nature reserves they are
responsible for. The units suject to inspection shall truthfully
report the situation to them and provide them with the necessary
information. The inspectors shall keep confidential technological
know-how and business secrets of the units inspected.
nature reserves of the people's governments of provinces,
autonomous regions and municipalities directly under the central
government or the competent administrative department of nature
reserves under the State Council shall be responsible for the
management of the national nature reserves. The competent
administrative department of nature reserves in the people's
governments at or above the county level shall be responsible for
the management of the local nature reserves within their
administrative divisions.
reserves shall set up a special administrative agency in each
nature reserve, provide specialized technical staff who shall be
responsible for the management of the nature reserves.
nature reserves shall be as follows:
policies formulated by the state on nature conservation;
exert unified management on the nature reserves;
necessary records accordingly and organize environmental
monitoring in order to protect the natural environment and
resources in the nature reserves;
scientific researches on the nature reserves;
conservation;
tour in the nature reserves on the presupposition that the natural
environment and resources of the nature reserve shall not be
affected by such activities.
nature reserves shall be arranged by the people's government at or
above the county level of the region where the nature reserves
are located. The state shall subsidize the management of national
nature reserves appropriately.
nature reserves are located may, according to the necessity, set
up representative office within the nature reserves to maintain
public order in the areas.
the personnel allowed to enter into the nature reserves shall
comply with various regulations of administration, and subject
themselves to the management of the administrative agency of the
nature reserves.
grazing, hunting, fishing, gathering medicinal herbs, reclaiming,
burning, mining, stone quarrying and sand dredging etc., shall be
prohibited unless it is otherwise provided by relevant laws and
regulations.
nature reserves. Where scientific observations and investigation
thereto are necessary for scientific research, the unit concerned
shall submit the applications and activity plans to the administrative
agency of the nature reserves in advance, and shall be approved by
the competent administrative department of nature reserves in the
people's government at or above the provincial level. The
entrance into the core area of national nature reserves shall be
approved by the competent administrative department of nature
reserves under the State Council. For residents living in the core
area of the nature reserve who are necessitated to move out, the local
people's government shall see to the proper settlement for them.
prohibited in the buffer zone of nature reserves. In buffer zone
of nature reserves, the non-destructive activities such as
scientific research, educational practice and specimen collection
for teaching or scientific research, applications and activity
plans shall be submitted to the administrative agency of the
nature reserves in advance, and be approved by the same agency.
described in the preceding paragraph shall submit a copy of the
report of the activity result to the administrative agency of the
nature reserves.
tourist activities in the experimental zone of national nature
reserves, the administrative agency of the nature reserves shall
put forward the activity program. After it is reviewed by the
competent administrative department of nature reserves of the
people's government of the province, autonomous region or the
municipality directly under the central government, the program
shall be submitted to the competent administrative department of
nature reserves under the State Council for final approval. With
respect to the visiting and sightseeing tourist activities in the
experimental zone of local nature reserves, the administrative
agency of the nature reserve shall put forward the activity program,
and submit it to the competent administrative department of nature
reserves of the people's government of the province, autonomous
region or the municipality directly under the central government
for final approval. Visiting and sightseeing tourist activities
in nature reserves shall be conducted according to activity program
approved. The management of such activities shall be strengthened.
All units and individuals who enter the nature reserves for visiting
or sightseeing tour shall submit themselves to the management of the
administrative agency of nature reserves.
the protection guidelines of nature reserves shall be prohibited.
reserves, that nature reserves shall be managed in accordance with the
stipulation concerning the core area or buffer zone in the Regulations.
reserve, the host unit shall apply in advance for approval by the
competent administrative department of nature reserves of the people's
government of the province, autonomous region or the municipality
directly under the central government. In case of national nature
reserves, the host unit shall apply for approval by the competent
administrative department of nature reserves under the State Council.
relevant laws, regulations and rules concerning nature reserves.
core area and buffer zone of nature reserves. In the experimental
zone, no production installations that cause environmental
pollution or do damage to the natural resources or landscapes
shall be built. Other installations to be built in these areas
must not exceed the discharge of pollutants prescribed by national
or local discharge standards. If the installations that have been
built discharge more pollutants than are specified by the national
or local discharge standards in the experimental zone of nature
reserves, such pollution shall be eliminated or controlled within
a prescribed period of time. Remedial measures shall be adopted
to the damage caused.
nature reserves must not affect the environmental quality inside
the nature reserves. If the damage has been done, the relevant
units shall be ordered to eliminate and control the pollution
within a prescribed period of time.
prescribed period of time shall be made by the agencies specified
by relevant laws and regulations. Any enterprise or institution
receiving such an order shall complete its tasks of eliminating
and controlling pollution on time.
unit or individual that has caused, or is likely to cause any
damage to the nature reserves must adopt immediate remedial
measures, and inform the units or residents that are likely to be
affected by the accident, and report to the administrative agency
of the nature reserves, the competent department of environmental
protection administration in the locality and that of the nature
reserves to accept necessary investigation and possible
disciplinary actions.
Chapter IV Legal Liability
Regulations in one of the following manners shall be ordered by
the administrative agency of the nature reserves to correct their
mistakes, and the fine between 100 to 5,000 RMB yuan, according to
circumstances of case, may be imposed:
reserves without approval;
failing to meet the requirements of the administrative agency
while in the nature reserves;
and specimen collection in the buffer zone of nature reserves with
the approval by relevant department but failing to submit a copy
of the report of their activity results to the administrative
agency of the nature reserves.
Regulations in felling, grazing, hunting, fishing, gathering
medicinal herbs, reclaiming, burning, mining, stone quarrying and
sand dredging etc., shall be punished according to relevant laws,
administrative regulations and rules. Besides, the competent
administrative department of nature reserves in the people's
government at or above the county level or its authorized
administrative agencies of the nature reserves may confiscate
the violators' illegal gains, order the violators to stop
illegal actions, and to restore the original state or adopt
other remedial measures within a prescribed period of time.
Whoever has caused damage to the nature reserves, the fine
between 300 to 10,000 RMB yuan shall be imposed.
which violate the Regulations, refusing to be supervised and inspected
by competent departments of environmental protection administration
or the competent administrative department of nature reserves, or
failing to provide truthful information during the inspection,
shall be fined between 300 to 3,000 RMB yuan by the competent
department of environmental protection administration or the
competent administrative department of nature reserves in the
people's government at or above the county level.
which violates the Regulations by one of the following acts
shall be ordered to correct their mistakes within a prescribed
period of time by the competent administrative department of
nature reserves in the people's government at or above the county
level. Whoever directly responsible for such violations shall be
given disciplinary sanctions by the agency to which he belongs or
by the organ at the higher level:
without approval;
general guidelines of the conservation of nature reserves;
the activity plans approved.
to the nature reserves, shall be ordered to pay reparations for
the loss by the competent administrative department of nature
reserves in the people's government at or above the county level.
of the nature reserves shall be punished by the public security
organ in accordance with Regulations of the People's Republic of
China on Administrative Penalties for Public Security. If the
circumstances are serious enough to constitute a crime, he shall
be prosecuted for criminal responsibility according to law.
serious pollution or destructive accidents to the nature reserves,
leading to the grave consequences of heavy losses of public or
private property, or human casualties, and resulting in a criminal
offense, the person in charge directly responsible and other person
directly responsible for the violation shall be investigated for
criminal responsibility according to law.
who abuses his power, neglects his duty or engages in malpractice
for personal gains, shall, when a crime is constituted, be
investigated for criminal responsibility according to law, or when
the circumstances are not serious enough to constitute a crime, be
given disciplinary sanctions by the unit to which he belongs or
the competent higher authorities.
Chapter V Supplementary Provisions
reserves under the State Council may, in accordance with the
Regulations, formulate the administrative rules for different
types of nature reserves.
autonomous regions and municipalities directly under the central
government may, in accordance with the Regulations, formulate
the implementation measures.
1994.
URL: http://www.asianlii.org/cn/legis/cen/laws/ronr333