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| Category | AGRICULTURE, FORESTRY AND METEOROLOGY | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1996-09-30 | Effective Date | 1997-01-01 |
|
Regulations of the People's Republic of China on Wild Plants Protection |
|---|
Article 1 These Regulations are formulated for the purpose of
protecting, developing and rationally utilizing wild plant resources,
retaining the biodiversity and maintaining ecological balances.
Article 2 All activities in the territory of the People's Republic of
China concerning the protection, development and utilization of wild plants
must be conducted in conformity with these Regulations.
Wild plants protected under these Regulations refer to plants growing in
natural conditions, which are specious or which are rare or near extinction
and of important economic, scientific or cultural value.
As regards the protection of medicinal wild plants and wild plants within
urban gardens, nature reserves and scenic spots, other relevant laws and
regulations shall also apply.
Article 3 The state shall pursue a policy of strengthening the
protection of wild plant resources, actively developing and rationally
utilizing wild plant resources.
Article 4 The state shall protect the lawful rights and interests of
units and individuals engaged in the development, utilization or management
of wild plant resources according to law.
Article 5 The state shall encourage and support scientific research on
wild plants and the protection of wild plants either in their original
habitats or by moving them to other places.
Units and individuals having made remarkable achievements in the
protection, research, cultivation or utilization of or popular education
about wild plants shall be awarded by the people's government.
Article 6 Relevant departments of people's governments at and above the
county level shall conduct popular education concerning the protection of
wild plants, popularize knowledge about wild plants and enhance citizens'
consciousness of protecting wild plants.
Article 7 All units and individuals shall have the duty to protect wild
plant resources and the right to inform the authorities of or file charges
against acts of seizure or damaging of wild plants or the environment for
their survival.
Article 8 The department of forestry administration under the State
Council shall take charge of the nationwide supervision and administration
of wild plants in forest zones and precious wild trees beyond the forest
zones. The department of agriculture administration under the State Council
shall take charge of the nationwide supervision and administration of other
wild plants.
The department of construction administration under the State Council
shall be responsible for the supervision and administration of wild plants in
urban gardens and scenic spots. The department of environmental protection
under the State Council shall be responsible for the nationwide coordination
and supervision of the protection of the environment for survival of wild
plants. Other relevant departments of the State Council shall be responsible
for relevant work of protection of wild plants in accordance with their
respective duties.
The department in charge of the administration of wild plants under local Article 9 The state shall protect wild plants and the environment for Article 10 Wild plants shall be classified into two categories: ones Wild plants under special state protection shall be classified into two Wild plants under special local protection refer to wild plants other Article 11 Districts with a natural concentrated distribution of species It is forbidden to damage the protective facilities of the protection Article 12 The department of wild plants administration and other Article 13 If a construction project may produce adverse effects on the Article 14 The department of wild plants administration and relevant Article 15 The department of wild plants administration shall regularly Article 16 The collecting of wild plants under first class state For collecting wild plants under second class state protection, the unit For collecting wild plants under first or second class state protection Collecting of precious wild trees or wild plants within forest zones or After issuing a collecting permit, the department of wild plants The format of the collecting permit shall be made by the department of Article 17 units and individuals engaged in collecting of wild plants Departments of wild plants administration under governments at the Article 18 The sale or purchase of wild plants under first class state Those intending to sell or purchase wild plants under second class state Article 19 The department of wild plants administration shall conduct Article 20 The export of wild plants under special state protection and It shall be forbidden to export wild plants which have not been named or Article 21 Foreigners may not, in the territory of China, collect or Where any foreigner intends, in the territory of China, to make surveys Article 22 Measures for the administration of wild plants under special Article 23 If anyone collects wild plants under special state protection Article 24 If anyone, in violation of these Regulations, sells or Article 25 Anyone illegally importing or exporting wild plants shall be Article 26 If anyone forges, sells or transfers collecting permit, Article 27 If any foreigner, in the territory of China, collects or Article 28 Anyone violating these Regulations resulting in the Article 29 Any staff member of a department of wild plants Article 30 Objects confiscated under these Regulations shall be dealt Article 31 If and international treaty concerning the protection of wild Article 32 The Regulations shall enter into force on January 1, 1997.
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people's governments at and above the county level and said department's
duties and functions shall be designated and determined by the people's
governments of provinces, autonomous regions or municipalities directly under
the central government in accordance with the local actual situation.
Chapter II Protection Of Wild Plants
their survival. All units and individuals shall be forbidden to illegally
collect wild plants or damage the environment for their survival.
under special protection by state and ones under special protection by
localities.
classes: ones under first class state protection and ones under second class
state protection. Lists of wild plants under special state protection shall
be drawn up by the department of forestry administration and the department
of agriculture administration under the State Council(hereinafter referred to
as the department of wild plants administration under the State council), in
consultation with other relevant departments under the State Council such as
the department of environmental protection and the department of construction
under the State Council and announced after being submitted to and approved
by the State Council.
than those under special state protection but under the protection by
provinces, autonomous regions and municipalities directly under the central
government. Lists of wild plants under special local protection shall be
drawn up and announced by the governments of provinces, autonomous regions or
municipalities directly under the central government and shall be submitted
to the State Council for the record.
of wild plants under special state or local protection shall be designated as
nature reserves in accordance with relevant laws and regulations; other
districts may be designated as protection areas for wild plants under special
state or local protection or protection signs for said wild plants be erected
by the department of wild plants administration under local governments at
and above the county level in accordance with the actual situation.
areas or the protection signs for wild plants under special state or local
protection.
relevant departments shall keep watch on and monitor the impact of the
environment on the growth of wild plants under special state and local
protection, and take measures to maintain and improve the environment for the
survival of wild plants under special state and local protection. When the
environment causes damage to the growth of wild plants under special state or
local protection, the department of wild plants administration shall,
together with other relevant departments, make an investigation and deal with
the situation in accordance with the law.
the environment for the survival of the wild plants under special state or
local protection, the construction unit shall make an appraisal on the
effects in its submitted report on the environmental impact; the department
of environmental protector shall, in examining and approving the report,
seek the opinion of the department of wild plants administration.
units shall take measures to save the wild plants under special state and
local protection when their growth is endangered, protect or restore the
environment for their survival and, when necessary, build cultivation bases,
seed banks or moving the wild plants to other places for protection.
Chapter III Administration of Wild Plants
carry out surveys of resources of wild plants under special state and local
protection and keep records of them.
protection shall be prohibited. Where the collecting of wild plants under
first class state protection is necessary for some special purposes such as
scientific research, cultivation or cultural exchanges, the unit concerned
must seek comments from the department of wild plants administration under
the government of the province, autonomous region, or municipality directly
under the central government at the place of collecting, and then apply for a
collecting permit to the department of wild plants administration under the
State Council or an agency authorized thereby.
concerned must seek comments from the department of wild plants
administration under the government at the county level at the place of
collecting and then apply for a collecting permit to the department of wild
plants administration under the government of the province, autonomous
region or municipality directly under the central government or an agency
authorized thereby.
within urban gardens or scenic spots, the unit concerned must ask for
approval from the administrative department of the urban garden or scenic spot
and then apply for a collecting permit in accordance with the provisions of
Paragraph 1 or 2 of this Article.
grasslands shall be handled in accordance with the provisions of the Forest
Law and Grassland Law.
administration shall send a duplicate of relevant documents to the department
of environmental protection for the record.
wild plants administration under the State Council.
under special state protection must observe the prescriptions in their
collecting permits with respect to the species, quantity, area, time limit
and method.
county level shall conduct supervision and inspection on the activities of
collecting wild plants under special state protection within their respective
regions, and make a timely report to the department of wild plants
administration or the agency authorized thereby which approves the
collecting.
protection shall be prohibited.
protection shall apply for approval from the department of wild plants
administration under the government of province, autonomous region or
municipality directly under the central government or the agency authorized
thereby.
supervision and inspection on activities of managing and exploiting wild
plants under second class state protection.
the import or export of wild plants whose import or export is restricted by
international conventions to which China is a party, must be verified by the
department of wild plants administration under the government of the
province, autonomous region or municipality directly under the central
government which the importer or exporter belongs to, and then be submitted
to the department of wild plants administration under the State Council for
approval, and an import or export permit or label must be obtained from the
state administrative organ in charge of the import and export of the species
which are near extinction. The customs shall clear the imports or exports
after examining the import or export permit or the label. The department of
wild plants administration under the State Council shall send a duplicate of
the relevant import or export documents to the department of environmental
protection under the State Council.
which have just been discovered and believed to be of important value.
purchase wild plants under special state protection.
of wild plants under special state protection in the field, he must submit an
application to the department of wild plants administration under the
government of the province, autonomous region or municipality directly under
the central government at the place of the wild plants concerned, which,
after examination, shall submit it to the department of wild plants
administration under the State Council or an agency authorized thereby for
approval; in the case of an application directly submitted to the department
of wild plants administration under the State Council, the said department
shall, before approving the application, consult the department of wild
plants administration under the government of the relevant province,
autonomous region or municipality directly under the central government.
local protection shall be formulated by respective local government of
province, autonomous region or municipality directly under the central
government.
Chapter IV Legal Responsibility
without a collecting permit or without observing the prescriptions in the
permit, the department of wild plants administration shall confiscate the
wild plants collected and the illegal earnings and may concurrently impose a
fine up to 10 times the illegal earnings and revoke the collecting permit, if
any.
purchases wild plants under special state protection, the administrative
department for industry and commerce or the department of wild plants
administration shall, in accordance with their respective duties, confiscate
the wild plants and illegal earnings, and may concurrently impose a fine up
to 10 times the illegal earnings.
subject to penalty by the customs in accordance with the provisions of the
Customs Law.
import or export permit or relevant approval documents or labels, the
department of wild plants administration or the administrative department for
industry and commerce shall, in accordance with their respective duties,
take over the said permit, document or label and may concurrently impose a
a fine up to 50,000 yuan.
purchases wild plants under special state protection or make field surveys of
wild plants under special state protection without permission, the department
of wild plants administration shall confiscate the wild plants collected or
purchased or the survey data and may concurrently impose a fine up to 50,000
yuan.
constitution of a crime shall be investigated for criminal responsibility in
accordance with the law.
administration who abuses his power, neglects his duty or engages in
malpractice for personal gains resulting in the constitution of a crime
shall be investigated for criminal responsibility in accordance with the law;
if the circumstances are not serious enough to constitute a crime, he shall
be subject to a disciplinary sanction.
with by the department making the decision of confiscation by following
relevant regulations of the state.
Chapter V Supplementary Provisions
plants, concluded or acceded to by the People's Republic of China, contains
provisions differing from those of these Regulations, the provisions of the
international treaty shall apply, unless the provisions are ones on which the
People's Republic of China has made reservations.
URL: http://www.asianlii.org/cn/legis/cen/laws/rowpp402