Regulations
of the Shenzhen Municipality
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on
the Forests of Ecology and Commonweal
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(Adopted at the Fifteenth Meeting of the
Standing Committee of the Third Shenzhen Municipal People' s
Congress on April 26, 2002 and passed at the Thirty-fifth
Meeting of the Standing Committee of the Ninth
Guangdong
Provincial People' s Congress on July 25, 2002)
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Chapter
I General
Provisions
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Article
1
In order to protect and cultivate the forest resources,
and to effectively make the roles of the forest to conserve
water resource, preserve water and soil, break wind and fix
sand, regulate climate, improve ecological
environment and
beautify the city, these Regulations, in accordance with
the actual conditions of Shenzhen, are hereby
formulated on the basis of the provisions of the Forest
Law of the PRC, the Administration Regulations of the
Guangdong Province on Forest Protection and other relevant
laws and regulations.
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Article
2 "Forests
of ecology and commonweal" mentioned in these Regulations
means the forests, which
are approved by the provincial
people' s government and checked and ratified by the provincial
administrative department for forestry following permission by
the municipal people' s government (hereinafter
referred to as
the "Municipal Government) and submission by the municipal
administrative department
for forestry (hereinafter referred to
as the "Municipal Competent Department for Forestry), such as
the forest of conserving water supply, the forest of preserving
soil and water, the forest of breaking
wind and fixing sand, the
mangrove-forest, the shelter-forest for farmland, the forests
within
nature reserves, small areas for nature protection and
forest parks, as well as the scenic and decorative forest,
the
national defense forest, the seed forest, the forest for
scientific research and the forests
and woods in the scenic
spots and historical sites and the places of revolutionary
memorial.
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These
Regulations shall apply to the plan, construction, management
and protection of the forests
of ecology and commonweal.
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The
plan, construction, management and protection of the commodity
forests, as well as those of
the urban park, shall be
implemented in accordance with the provisions of other relevant
laws
and regulations.
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Article
3
The Municipal Competent Department for Forestry is
responsible for planning, constructing, managing and protecting
the forests of ecology and commonweal in the whole city. The
district competent departments for
forestry are responsible for
constructing, managing and protecting the forests of ecology and
commonweal in the areas under their jurisdiction.
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The municipal and district administrative departments,
which are responsible for planning land, park afforestation,
public security, water affairs, environmental protection, etc.,
shall do their best according
their duties to assist in
constructing and protecting the forests of ecology and
commonweal
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Article
4
People' s governments at all levels shall bring the
construction of the forests of ecology and commonweal into their
plans of national economy and social development.
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The
funds, which have been confirmed and brought into legal plan by
the Municipal Government,
for constructing, managing and
protecting the forests of ecology and commonweal shall be placed
on the financial budget at all levels. The people' s
governments at all levels shall actively collect the funds
in
different ways for construction, management and protection of
the forests of ecology and commonweal,
and encourage the
collective economic organizations, the social groups and the
personalities
of various circles to contribute money for
constructing the forests of ecology and commonweal.
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For
the construction, management and protection of the forests of
ecology and commonweal, a job
responsibility system for
achieving objective within the term of office shall be
implemented
and the leading persons of the people' s
governments at all levels shall, according to the requirements,
sign the instruments of the job responsibility for achieving
objective level by level.
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Article 5 All units and individuals have obligations to protect the
forests of ecology and commonweal and shall inform against
and
put an end to the acts of destroying the forests of ecology and
commonweal.
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The
units and individuals who protect actively the forests of
ecology and commonweal shall be
commended and rewarded.
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Chapter
II Planning and
Construction
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Article 6 The Municipal Competent Department for Forestry shall make
arrangements for formulating the overall plan on the
forests of
ecology and commonweal, formulate the corresponding legal plan
and shall, after comprehensive
harmonization by the municipal
administrative department for plan and land, submit both plans
to the Municipal Urban Plan Commission for examination and
approval.
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The plan of the forests of ecology and commonweal shall
be made to dovetail with the overall plan of city and harmonized
with the plan of city green-land system.
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After the plan of the forests of ecology and commonweal
is approved, the municipal and district competent departments
for forestry shall establish the corresponding systems of
geographical information and set up
the signs of land boundary.
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Article 7 The plan of the forests of ecology and commonweal shall be
formulated in accordance with geography and geomorphology,
soil,
hydrographic net, vegetation and climate of the city and actual
conditions of social development
and include the whole
arrangement and harmonization among the fire prevention
facilities of forestry,
the measures on prevention and
elimination of forest plant diseases and insect pests, the
protection
for terrestrial wild animals and plants and the plan
of natural conserves, etc..
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Article
8 The
total area of the forests of ecology and commonweal in the whole
city shall not be less than
65% of the land area used for
forests, and in it the area of water-resource preservation
forests
shall not be less than 10%.
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With
respect to the designs for standing forest and forestry species
and the selections for wood
species, the principles of different
forestry species, different compositions, different colors,
different functions and many beneficial results shall be
implemented in the plan of the forests of ecology
and
commonweal. The forests and woods which are not in conformity
with the requirements of the
forests of ecology and commonweal
shall be replaced or transformed step by step.
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Article
9
Using the funds invested by people' s governments at all
levels for the forests of ecology and commonweal, a priority
shall be given to constructing the forest for conserving water
supply, the forest for preserving
soil and water, the forest at
coast or road for windbreak and sand-fixation, the scenic forest
and the forestry park.
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The
competent departments for forestry at all levels are responsible
for making the arrangements
to construct the forests of ecology
and commonweal, and the collective economic organizations at all
levels shall assist and concert with the competent departments
for forestry.
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Article
10
In the construction of the forests of ecology and
commonweal, the original geography, geomorphology, soil,
hydrographic net and vegetation shall be made use of, the
relevant professional and technological
standards or
technological regulations of the State shall be strictly
implemented and the requirements
of environmental protection
shall be complied with .
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The
construction of the forests of ecology and commonweal shall be
determined by means of public
bidding and shall be undertaken by
design unit and construction units which have relevant
credentials.
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The
units in charge of design and construction shall engage in
design and construction according
to the plan which has been
examined and improved, and shall be subject to the supervision
and
check by the Municipal Competent Department for Forestry.
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The municipal or district competent departments for
forestry are responsible to make the arrangements to check and
accept the completed construction project of the forests of
ecology and commonweal.
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Article
11
People' s governments and competent departments for
forestry at all levels shall, according to the standards and
requirements established in the plan of the forests of ecology
and commonweal, encourage and
organize individuals, units and
social groups to join different voluntary activities of tree
planting, and do their best of the management and protection
affairs following tree planting.
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Chapter
III Administration
and Protection
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Article
12
For the forests of ecology and commonweal and the forest
land, a system of registration and certificate issuance
shall be
implemented. For the rights of owners and operators of the
forests of ecology and commonweal
and the forest land, the
people' s governments at or above the district level shall
compile a
register and issue certificate to owners and operators
so as to confirm their ownership and right of use.
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The
competent departments for forestry at all levels shall,
according to the wood species, the
tree species and the
distribution thereof, establish a system of registering files of
records
on the forests of ecology and commonweal in such forms
as word, picture and form, chart, photo and electronic
information, etc. The detailed measures on registration and
administration shall be formulated
by the Municipal Competent
Department for Forestry.
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Article
13 The
competent departments for forestry at all levels are the
responsible persons for administration
of the forests of ecology
and commonweal.
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The
responsible person of administration may entrust the local
collective economy organizations
or the companies or individuals
concerned to undertaking the routine conservation and other
professional
affairs of the forests of ecology and commonweal
and shall sign a written trust contract.
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Article
15
The act in felling tree shall be prohibited. If felling
tree is actually necessary to a basic installation construction
or to a regeneration and reformation of tree and wood, it shall
be submitted to the provincial
administration department for
forestry for approval according to the provisions after
examination
and verification by the Municipal Competent
Department for Forestry and permission by the Municipal
Government.
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Governments
shall indemnify the operators or owners of the forests of
ecology and commonweal for
the economic damages caused by
constructing, managing or protecting the forests of ecology and
commonweal. The detailed measures on indemnification shall be
promulgated separately by the Municipal Government.
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Units
and individuals which have been proved to fell the forests of
ecology and commonweal must
complete the task of reforestation
in terms of the area, number of trees, types of trees, quality
and time limit as provided for, and the area of reforestation
and the number of trees required to be planted
shall be no
smaller than the original area and the number of trees felled.
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Article
15 Such acts in the forests of ecology and commonweal as
reclaiming land, quarrying stone, digging sand or earth,
exploiting mine, cutting firewood, grazing animals, hunting,
building graveyard and other deforestation
acts shall be
prohibited.
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Article
16 All
units and individuals shall not illegally occupy the land of
ecological and public forests
and shall not change the land of
ecological and public forests into the land of commodity forests
or other uses.
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If
requisitioning or occupying the land for forests of ecology and
commonweal is actually necessary
to a basic construction, it
shall be approved by the provincial administration department
for
forestry after permission by the Municipal Government and
examination by the Municipal Competent Department for
Forestry,
and then the examination formalities for using land shall be
gone through by the municipal
department for plan and land
according to law and the unit using land shall pay in advance
the
cost of forest vegetation restoration according to the
standards prescribed by the State. If the forest land which
is
requisitioned or occupied exceeds the areas provided by the
State, it shall be submitted to
the relevant department of the
State for examination and approval according the provisions.
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The
cost of forest vegetation restoration shall be embarked for
specified purpose only and the
municipal competent department
for forestry is responsible to make an unified arrangement
according
to the requirements of the plan to plant the forests
of ecology and commonweal, whose area, quantity and quality
are
equal to those of the requisitioned and occupied land for
forests of ecology and commonweal,
at other places.
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Article
17 The
Municipal Competent Department for Forestry and the district or
township people' s governments
shall make the arrangements for
the relevant departments and local collective economic
organizations
to establish the organizations for protecting
forest, and appoint full-time or part-time forest guards.
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Forest
guards shall be appointed by the district or township people' s
governments and shall implement
their duties according to law.
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Article
18
People' s governments at all levels shall install the
fire prevention facilities in the areas of the forests of
ecology and commonweal and shall plant the forest belts of
biological fire prevention according
to terrain and landform. If
necessary, an isolation belt of prevention fire may be built in
the
forest areas.
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Article 19 The
headquarters of forest fire prevention of the municipal or
district governments shall be responsible
for organizing,
harmonizing and supervising the task to prevent and put out a
forest fire within
their administrative areas, shall immediately
organize strength to fight fire after receiving a forest fire
alarm or a fire report, and shall, according to the provisions
of the State, report to a higher
body level by level; the
departments such as in public security, fire control, traffic,
sanitation
and civil administration, etc. and the units such as
in post, communication, food and medicine, etc. shall, according
to the unified arrangement of the headquarters of forest fire
prevention, do their best of material
supply, medical aid, cases
investigation, consolation and comfort. The municipal climate
department
is responsible for monitoring climate for forest
fire-danger and to establishing a forecast system of forest
fire-danger.
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Article
20
Within the scope of the forests of ecology and
commonweal, the provisions of safety using fire shall be
strictly complied with so as to prevent forest fire.
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The
term from August 1 to April 15 in each year is a special one for
forest fire prevention. Within
the special term for forest fire
prevention, the following provisions shall be complied with:
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(1) Using fire within the forests of ecology and
commonweal shall be prohibited. Where using fire is necessary
under special circumstances, it shall be subject to approval by
the headquarter of forest fire
prevention at or above the
district level or by the authorized organs thereof, and the
provisions
of the State or province regarding safety using fire
shall be strictly complied with.
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(2)
Headquarters of forest fire prevention, forest public security
organs and local public security
organs at all levels shall
organize personnel to keep a close surveillance and control on
the hilltops
and sections that are regarded as the focal points
of fire prevention in the areas of the forests of ecology and
commonweal, shall inspect the persons and automobiles entering
into forest areas and shall closely
prevent the kindling
materials being brought into forest areas.
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(3)
News medium such as broadcast, television and newspaper, etc.
shall in time publish and broadcast
the climate forecast of
forest fire which has been released by the municipal climate
department.
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Legal
festivals and holidays and traditional folk festivals are
regarded as the special fire prevention
terms for forest.
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Article 21 Municipal
competent forestry department and people' s governments at the
district and township
levels shall be responsible for organizing
and harmonizing the prevention and elimination of forest plant
diseases and insect pests within their administrative areas of
the forests of ecology and commonweal
and shall be responsible
for establishing a system of investigation, calculation and
forecast
of forest
plant diseases and insect pests. State-owned forest farms,
collective economic organizations,
forest work stations and
operating units concerned shall positively cooperate with the
organs
of prevention and elimination of forest plant diseases
and insect pests to develop the task of investigation,
prevention and elimination of forest plant diseases and insect
pests.
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Article
22
For building and reforming the forests of ecology and
commonweal, good-quality seeds shall be selected, different
seeds shall be reasonably arranged in pairs or groups according
to the standards of mixed-forests,
and the act that the
seedlings with dangerous plant diseases and insect pests are
used to grow
seedlings or afforest forests shall be prohibited;
the design program of afforestation must include the measures
for prevention and elimination of forest plant diseases and
insect pests; for the new afforestaion
of young growth and
middle-age growth and other areas which must be closed to
facilitate afforestation,
the implementation task shall be
organized by local district or township governments.
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Article
23 The
departments of entry and exit inspect and quarantine shall
strengthen quarantine on plant
seeds, woods and bamboo products
entrancing into the frontier and prevent forest diseases and
inspect pests outside the frontier from spreading into country;
the departments of prevention and control on forest
diseases and
inspect pests shall make a quarantine at place of origin and
during allocation and
transportation, and must take measures in
time to blockade and exterminate dangerous diseases and inspect
pests newly entered into country as soon as find them.
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Article
24
Where forest diseases and inspect pests epidemic occurs,
people' s governments at all levels and departments of
prevention and control on forest diseased and inspect pests
shall, according to the serious degree
of epidemic, organize in
time the relevant units and individuals to take extermination
measures
so as to prevent the epidemic from spread out, and
shall, according to the provisions of the State, report to
higher organs level by level; while using pesticide or other
medicaments the relevant provisions
shall be complied with so as
to prevent from environmental pollution, ensure safety of people
and animals and reduce injury to beneficial living things.
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Article
25 The
municipal and district competent departments for forestry shall,
according to the provisions
of laws and regulations, protect and
manage the resource of terrestrial wild animals and plants;
their subordinate administrative departments for wild animals
and plants shall, based on the function provided,
do their best
to assist the competent departments to protect and manage
terrestrial wild animals
and plants and shall accept trust from
the competent departments to impose administrative penalty on
the acts in violation of the provisions.
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Chapter
IV Legal Liability
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Article 26 Whoever
indiscriminately fell the forests of ecology and commonweal in
violation Article 14 of
these Regulations shall be ordered by
the municipal and district competent departments for forestry to
plant five times the number of trees indiscriminately felled,
pay the cost of managing and protecting
trees with equal ages,
have trees illegally felled or the gains from selling such trees
confiscated,
and have imposed a fine of more than three times
but less than five times the value of the trees indiscriminately
felled; whoever illegally fells the forests of ecology and
commonweal shall be ordered to plant
ten times the number of
trees illegally felled, pay the cost of managing and protecting
trees
with equal ages, have trees illegally felled or the gains
from selling such trees confiscated, and have imposed
a fine of
more than five times but less than ten times the value of the
trees illegally felled;
where a crime is constituted, criminal
responsibility shall be investigated in accordance with law.
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Article 27 Whoever,
in violation of Article 15 of these Regulations, reclaims land,
quarries stone, digs sand
or earth, gathers seeds, exploits
mine, cuts firewood, grazes animals, hunts, builds graveyard and
other deforestation acts in forests of ecology and commonweal,
shall be ordered by the municipal and district
competent
departments for forestry to stop violating the provisions and
pay the cost of managing
and protecting trees with equal ages,
and it may also be imposed a fine of more than two times but
less than five times the value of the forests and trees damaged;
where the damage is caused, the losses shall
be compensated in
accordance law.
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Article
28
Whoever, in violation of Section 1, Article 16 of these
Regulations, occupies lands of forests of ecology and commonweal
without approval, or alters the land of forests of ecology and
commonweal into the land of commerce
or others, where no damage
is caused to forests, shall be ordered by the municipal and
district
competent departments for forestry to stop such illegal
activities and restore the original status of forests and
forest
trees within a specified time limit, and a fine of 30 yuan per
square metre area of the
forestry land illegal occupied shall be
imposed in addition; where damage is caused to forests, shall be
ordered by the competent forestry departments at the
municipality and district levels to plant three times
the number
of trees damaged, pay a cost of managing and protecting trees
with equal ages, and a
fine of more than two times but less than
five times the value of the forests and trees damaged shall be
imposed in addition.
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If
the municipal department for planning and land, without
examination and approval according to
the procedures concerned,
approves requisition and occupation of the land of forests of
ecology
and commonweal, the persons in charge of administration
who illegally make examination and approval, as well as
the
persons who are directly responsible, shall be given the
administrative sanctions by the municipal
administrative
department; if the case constitutes a crime, shall be
investigated for criminal
responsibility in accordance with law.
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Article 29 For
acts such as in misappropriating the cost of forest vegetation
restoration without approval,
in violation of Section 3, Article
16, the persons who are responsible management shall be
investigated
for administrative liability by the administrative
supervisory departments at the municipality and district level;
if the damage is caused, shall be burden compensation liability;
if the case constitutes a crime,
shall be investigated for
criminal responsibility in accordance with law.
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Aarticle
30
Whoever under one of the following circumstances, in violation
of these Regulations, shall be ordered
to stop violating of
provisions and be imposed a fine of more than 200 yuan but less
than 500 yuan
in addition by the municipal and district
competent departments for forestry; if the damage is caused,
shall pay the cost of constructing, managing and protecting
trees with equal ages and shall be burden compensation
liability; if the case constitutes a crime, shall be
investigated for criminal responsibility in
accordance with law.
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(1)
where using fire in the forests of ecology and commonweal without
approval, or violating the provisions of the State
or province
on safety fire;
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(2)
where failing to accept safety inspection from forests administrative
persons and bringing kindling into forests
areas without
permission;
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(3)
where damaging the equipments or facilities for preventing forests fire;
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(4)
where being not subject to the unified command of the headquarter for
prevention forests fire, delaying time to fight
fire and
influencing the fight against fire and the disaster relief;
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Article
31 Whoever,
in violation of these Regulations, under one of the following
circumstances, shall be ordered
to eliminate or exterminate
plant diseases and insect pests within time limit and may be
imposed
a fine of more than 500 yuan but less than 2,000 yuan in
addition by the Municipal Competent Department for Forestry:
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(1)
where using forest trees and nursery stock with dangerous plant
diseases and insect pets for
growing seedlings or afforesting;
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(2)
where failing to accept inspection and quarantine conducted by
the departments for prevention
and control of forestry plant
diseases and insect pets, and carrying or transporting the
seedlings
for forest trees, the timber and the bamboo materials
which have been infected by dangerous plant diseases and insect
pets;
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(3)
where failing to eliminate or not exercising effective
elimination measures while forest plant
diseases and insect pets
occur, and thus causing a spread disaster of forest plant
diseases and
insect pets.
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(4)where
concealing and failing to report or falsely reporting epidemic
situation, and thus causing
a spread disaster of forest plant
diseases and insect pets.
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Article
32
After municipal or district competent departments for
forestry, according to these Regulations, order the violators
to
replant forest trees or to eliminate and exterminate forest
plant diseases and insect pets,
if the persons ordered fail to
perform the order or their performance do not satisfied with the
requirements concerned, the municipal or district competent
departments for forestry shall entrust the units concerned
to
substitute for performance, and the costs needed shall be bore
by the violators.
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Article
33 If
the units, the member thereof and the member of other State
organs which are engaged in constructing,
managing and
protecting the forests of ecology and commonweal abuse their
power, neglect their
duty or conduct malpractices for personal
gain, they shall be investigated for administrative liability;
if the damage is caused, they shall be bore compensation
liability; if the case constitute a crime, they
shall be
investigated for criminal liability.
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Chapter VI
Supplementary Provisions
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Article
34
The Municipal Government may formulate the implementation
rules according these Regulations.
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Article
35
These Regulations shall enter into force as of October 1,
2002. |