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(Adopted at the 41st Session of the Standing Committee of the 11th Shanghai
Municipal People' s Congress on July 25th, 2002)
Article 1
With a view to strengthening the protection of ancient and
famous trees and ancient trees' follow-up resources, these Regulations
are
formulated in accordance with related laws and regulations and in the light of
the actual circumstances of this Municipality.
Article 2
Ancient trees
mentioned in these Regulations refer to trees more than 100 years old.
Famous
trees mentioned in these Regulations refer to the following trees:
(1) Trees
whose species are precious and rare;
(2) Trees with important historical
value or memorial significance;
(3) Trees with important scientific research
value.
The ancient trees' follow-up resources mentioned in these Regulations
refers to trees over 80 years and under 100 years old.
Article 3
These
Regulations apply to the protection of ancient and famous trees and ancient
trees' follow-up resources in the administrative
area of this
municipality.
Article 4
The Shanghai Municipal Greening Administration
(hereinafter referred to as MGA) is the competent administrative department for
the
protection of this Municipality' s ancient and famous trees and ancient
trees' follow-up resources, and is responsible for organizing
the implementation
of these Regulations. Its affiliated Shanghai Municipal Public Parks and
Greening Supervision Brigade (hereinafter
referred to as the MPPSB) is
authorized by these Regulations to impose administrative punishment.
District
and county administrative departments of ancient and famous trees and ancient
trees' follow-up resources (hereinafter referred
to as district and county
administrative departments of ancient and famous trees) are responsible for the
work of protection of
ancient and famous trees and ancient trees' follow-up
resources within their respective administrative areas according to the
provisions
of these Regulations and accept professional directions of the
MGA.
The Municipality' s planning, construction, agriculture and forestry,
public works, housing and land resources, water affairs, railway,
environmental
protection, tourism, nationality and religion, and other relevant administrative
departments shall, according to
their respective functions and duties, cooperate
in implementing these Regulations.
Article 5
The Municipality' s relevant
departments shall strengthen the scientific research on the protection of
ancient and famous trees
and ancient trees' follow-up resources, spread the
application of scientific research achievements, publicize and popularize the
knowledge about protection, and raise the level of protection.
Article 6
All units and individual persons have the right to curb or report against
the act of damaging ancient and famous trees and ancient
trees' follow-up
resources, and the MGA or district/county administrative department of ancient
and famous trees shall make timely
investigation and handling.
Article 7
The MGA or district/county administrative department of ancient and famous
trees shall commend and reward the units and individual
persons that make
outstanding contributions to the protection of ancient and famous trees and
ancient trees' follow-up resources.
Article 8
The Municipality practices
the classified protection of ancient and famous trees and ancient
trees' follow-up resources according
to the following provisions:
(1) Famous
trees and more than 300-year-old ancient trees are under first-class
protection;
(2) Ancient trees over 100 years and under 300 years old are
under second-class protection;
(3) Ancient trees' follow-up resources are
under third-class protection.
Article 9
District and county
administrative department of ancient and famous trees shall conduct regular
investigation of ancient and famous
trees and ancient trees' follow-up resources
within their respective administrative areas and make appraisal and affirmation
according
to the following provisions:
(1) For ancient and famous trees under
first-class protection, the MGA shall organize the appraisal and report to the
Municipal
People' s Government for affirmation;
(2) For ancient and famous
trees under second-class protection, the MGA shall organize the appraisal and
make affirmation;
(3) For ancient trees' follow-up resources, the
district/county administrative department of ancient and famous trees shall
organize
the appraisal and report to the MGA for affirmation.
Units and
individual persons are encouraged to report unregistered ancient and famous
trees and ancient trees' follow-up resources
to the MGA or district/county
administrative department of ancient and famous trees. The MGA or
district/county administrative
department of ancient and famous trees shall,
according to the provisions of the preceding clause, organize the appraisal and
affirmation
in time, and shall give the informant appropriate rewards and
encouragement for those that come to fall under the category of ancient
and
famous trees or ancient trees' follow-up resources through appraisal.
The MGA
shall work out separately the appraisal criteria and procedures of ancient and
famous trees and ancient trees' follow-up
resources.
Article 10
District/county administrative department of ancient and famous trees shall
register and file ancient and famous trees and ancient
trees' follow-up resources
within its administrative area and report to the MGA for the record.
The MGA
shall number in a unified manner ancient and famous trees and ancient
trees' follow-up resources.
Article 11
The MGA shall set up signs marking
such contents as tree number, name and protection class, at conspicuous places
around ancient
and famous trees and ancient trees' follow-up
resources.
Article 12
The MGA shall, jointly with the municipal
administrative department of planning, demarcate the protection area of ancient
and famous
trees and ancient trees' follow-up resources according to the
following provisions:
(1) The protection area for those under the category of
ancient and famous trees shall not be less than five meters beyond the vertical
projection of tree crown;
(2) The protection area for those under the
category of ancient trees' follow-up resources shall not be less than two meters
beyond
the vertical projection of tree crown.
Article 13
Within the
protection area of ancient and famous trees and ancient trees' follow-up
resources, measures shall be taken to preserve
the soil permeable and porous,
and no one shall be allowed to conduct activities that damage the normal growth
of ancient and famous
trees and ancient trees' follow-up resources such as
extracting earth, burning, dumping harmful waste residue or liquid, or erecting
or extending buildings and structures.
If construction work is really needed
in the protection area of ancient and famous trees and ancient trees' follow-up
resources
due to the construction of city major infrastructure, the
administrative department of planning shall solicit opinions from the
MGA before
issuing the planning permit of construction project, the MGA shall put forward
appropriate protection requirements within
5 work days from the date of
receiving the solicitation. The construction unit shall draw up specific
protection measures and organize
their implementation according to the
protection requirements of the MGA.
Article 14
This Municipality adopts
the system of job responsibility for conservation of ancient and famous trees
and ancient trees' follow-up
resources and determines the persons in charge of
conservation according to the following provisions:
(1)The persons
responsible for conservation of ancient and famous trees and ancient
trees' follow-up resources in the limits of
land used by organs, troops, mass
organizations, enterprises and institutions shall be such units. If the unit has
property management
practiced, the person responsible for conservation is the
property management enterprises entrusted by such units.
(2)The persons
responsible for conservation of ancient and famous trees and ancient
trees' follow-up resources in the limits of
land used for railways, highways and
river courses are the conservation units entrusted by the administration of
railway, highway
and water affairs.
(3)The persons responsible for
conservation of ancient and famous trees and ancient trees' follow-up resources
in the limits of
public greenery land are the conservation units entrusted by
the administrative department of greening.
(4)The persons responsible for
conservation of ancient and famous trees and ancient trees' follow-up resources
in residential districts
are the property management enterprises entrusted by
the proprietors.
(5)The persons responsible for conservation of ancient and
famous trees and ancient trees' follow-up resources in the residents'
courtyards
are the proprietors.
The persons responsible for conservation of ancient and
famous trees and ancient trees' follow-up resources not included in the
provisions of the previous clause shall be determined by the local
district/county administrative department of ancient and famous
trees.
If
there are ancient and famous trees and ancient trees' follow-up resources in the
limits of housing demolition, the construction
unit shall make protection in
line with the provisions of these Regulations regarding persons responsible for
conservation. If
the ancient and famous trees or ancient trees' follow-up
resources are in the residents' courtyards, the construction unit shall
give the
original persons responsible for conservation appropriate
compensation.
Article 15
The district/county administrative department of
ancient and famous trees shall sign a conservation responsibility letter with
the
person responsible for conservation, specifying the responsibility for
conservation. In case of alteration of persons responsible
for conservation,
such persons shall go through the transfer formalities of conservation
responsibility with the district/county
administrative department of ancient and
famous trees and fresh conservation responsibility letters shall be
signed.
Article 16
The MGA shall, according to the need of protecting
ancient and famous trees and ancient trees' follow-up resources, work out
technical
standards for conservation, and provide persons responsible for
conservation with necessary training of conservation knowledge and
technical
guidance of conservation free of charge.
The persons responsible for
conservation shall conduct conservation work as required by the technical
standards of conservation.
In routine conservation, the persons responsible for
conservation may consult the MGA or the district/county administrative
department
of ancient and famous trees for conservation knowledge.
Article 17
The routine conservation cost of ancient and famous trees and ancient
trees' follow-up resources shall be borne by the persons responsible
for
conservation. If the conservation responsibility is entrusted, the entrusting
party shall bear the conservation cost. If any
unit or individual person has
real difficulty in bearing the conservation cost, such unit or individual person
may apply for conservation
subsidies to the local district/county administrative
department of ancient and famous trees. The conservation subsidies shall be
used
exclusively for the conservation of ancient and famous trees and ancient
trees' follow-up resources.
The municipal, district and county people' s
governments shall establish special funds for the protection of ancient and
famous
trees and ancient trees' follow-up resources. Such funds shall be used
exclusively for the rescue and rejuvenation of ancient and
famous trees and
ancient trees' follow-up resources, for the construction and maintenance of
protection facilities, and for the
subsidies to those having difficulty in
bearing conservation cost.
Units and individual persons are encouraged to
participate in the conservation of ancient and famous trees and ancient
trees' follow-up
resources in the forms of donation or bearing the maintenance
cost. The unit and individual person that make donation for or bear
the
maintenance cost of ancient and famous trees and ancient trees' follow-up
resources may enjoy the right to have their name
stand on the signs of ancient
and famous trees and ancient trees' follow-up resources for a certain period of
time.
Article 18
In respect of construction project outside the
protection area of ancient and famous trees and ancient trees' follow-up
resources,
if the persons responsible for conservation believe that such
construction work will possibly affect the normal growth of ancient
and famous
trees and ancient trees' follow-up resources, they shall report in time to the
MGA or the district/county administrative
department of ancient and famous
trees. The MGA or the district/county administrative department of ancient and
famous trees may,
according to the need of protecting ancient and famous trees
and ancient trees' follow-up resources, put forward appropriate protective
requirements to the construction unit, which shall carry out the protection as
required.
Article 19
The MGA and district/county administrative
department of ancient and famous trees shall assign special administrative
personnel
to take charge of the protection and management of ancient and famous
trees and ancient trees' follow-up resources, and to make
regular inspections
according to the following provisions:
(1) Over ancient and famous trees
under first-class protection, inspection shall be conducted at least once every
three months;
(2) Over ancient trees under second-class protection,
inspection shall be conducted at least once every six months;
(3) Over
ancient trees' follow-up resources, inspection shall be conducted at least once
every year.
When it is found out in inspection that trees grow abnormally or
the environmental conditions affect the growth of trees, protective
measures
shall be taken in time.
Article 20
Transplantation of ancient trees under
first-class protection and famous trees more than 100 years old is
forbidden.
If there is a real need of the transplantation of famous trees
under 100 years old or ancient trees under second-class protection
due to the
construction of city major infrastructure, application shall be submitted to the
MGA, which shall put forward examination
opinions within 10 work days from the
date of receiving the application, and report to the Municipal People' s
Government for approval.
If there is a need of the transplantation of ancient
trees' follow-up resources due to the construction of major engineering project
or city infrastructure, application shall be submitted to the district/county
administrative department of ancient and famous trees.
The district/county
administrative department of ancient and famous trees shall put forward
examination opinions within five work
days from the date of receiving the
application, and report to the MGA for approval. The MGA shall make an approval
decision within
five work days from the date of receiving the examination
opinions, and notify the district/county administrative department of
ancient
and famous trees.
The transplantation of ancient and famous trees and ancient
trees' follow-up resources and the conservation thereof in five years
after
transplantation must be conducted by the greening conservation unit with
appropriate specialized qualification. The cost
for transplantation of ancient
and famous trees and ancient trees' follow-up resources and the cost for
conservation of such trees
in five years after transplantation shall be borne by
the construction unit.
Article 21
If waste water, waste gas and waste
residue generated by production and daily life endanger the normal growth of
ancient and famous
trees and ancient trees' follow-up resources, the persons
responsible for conservation may request the related unit or individual
person
that is held responsible to take measures to eliminate the harm.
Article 22
The following acts that damage ancient and famous trees and ancient
trees' follow-up resources are forbidden:
(1) Felling;
(2) Barking,
breaking off branches, or cutting, engraving and striking nails into
trees;
(3) Taking the trunk as a support, hanging or binding other articles
on or around trees;
(4) Damaging the supports, railings, lightning rods,
signs or drainage ditches and other related protective facilities of ancient
and
famous trees and ancient trees' follow-up resources;
(5) Other acts that
affect the normal growth of ancient and famous trees and ancient trees' follow-up
resources.
Article 23
If the persons responsible for conservation of
ancient and famous trees and ancient trees' follow-up resources, discover that
the
trees are withering or in imminent danger, they shall report in time to the
MGA or the district/county administrative department
of ancient and famous
trees. The MGA or the district/county administrative department of ancient and
famous trees shall organize
in time the greening conservation unit with
appropriate specialized qualification to conduct rejuvenation and
rescue.
Article 24
In case of deaths of ancient and famous trees, the
person responsible for conservation shall report in time to the MGA, and
cancellation
shall be made after verification, appraisal and the finding out of
cause.
In case of deaths of ancient trees' follow-up resources, the person
responsible for conservation shall report in time to the district/county
administrative department of ancient and famous trees, and cancellation shall be
made after verification, appraisal and the finding
out of cause, and report
shall be submitted to the MGA for the record.
When the dead ancient and
famous trees and the dead ancient trees' follow-up resources have not been
verified and cancelled by the
MGA or the district/county administrative
department of ancient and famous trees, the person responsible for conservation
shall
not make any disposal without authorization.
Article 25
Violators
of the provisions of these Regulations, who have done any of the following acts,
shall be given punishment by the MGA
or the district/county administrative
department of ancient and famous trees or the MPPSB according to the following
provisions:
(1) Violators of the provision of Article 13 Clause 1 of these
Regulations, who fail to take measures in the protection area to preserve
the
soil permeable and porous, or conduct activities that damage the normal growth
of ancient and famous trees and ancient trees'
follow-up resources shall be
ordered to correct within a time limit, and may be cumulatively penalized with a
fine of between not
less than 300 yuan and not more than 3,000 yuan; those who
cause severe damage to trees shall be penalized with a fine of between
not less
than 2,000 yuan and not more than 20,000 yuan; those who cause trees to die
shall be penalized with a fine of between
not less than 5,000 yuan and not more
than 50,000 yuan for each tree.
(2) Any construction unit that violates the
provision of article 13 Clause 2 of these Regulations, who fails to carry out
protection
according to protection requirements shall be ordered to correct
within a time limit; those who cause trees to die shall be penalized
with a fine
of between not less than 5,000 yuan and not more than 50,000 yuan for each
tree.
(3) Violators of the provision of Article 16 Clause 2 of these
Regulations, who fail to conduct conservation according to the technical
standards for conservation, shall be ordered to correct within a time limit;
those who fail to correct after the deadline shall
be penalized with a fine of
between not less than 300 yuan and not more than 3,000 yuan; those who cause
trees to die shall be
penalized with a fine of between not less than 3,000 yuan
and not more than 30,000 yuan for each tree.
(4) Violators of the provisions
of Article 20 Clauses 1, 2 and 3 of these Regulations, who transplant ancient
trees under first-class
protection or famous trees more than 100 years old,
shall be penalized with a fine of between not less than 10,000 yuan and not
more
than 100,000 yuan for each tree; those who transplant, without approval, famous
trees under 100 years old or ancient trees
under second-class protection shall
be penalized with a fine of between not less than 5,000 yuan and not more than
50,000 yuan
for each tree; those who transplant, without approval ancient
trees' follow-up resources shall be penalized with a fine of between
not less
than 2,000 yuan and not more than 20,000 yuan for each tree; those who
transplant without authorization and cause trees
to die shall be punished as the
wrongful act of felling.
(5) Violators of the provision of Article 20 Clause
4 of these Regulations, who entrust a unit without appropriate specialized
qualification
to conduct transplantation or conservation, shall be ordered to
correct within a time limit; those who fail to correct after the
deadline shall
be penalized with a fine of between not less than 1,000 yuan and not more than
10,000 yuan; any unit without appropriate
specialized qualification that
conducts transplantation or conservation of ancient and famous trees and ancient
trees' follow-up
resources shall have its illegal gains confiscated and shall be
cumulatively penalized with a fine of the amount as much as between
not less
than one and not more than five times the illegal gains.
(6) Violators of the
provision of Article 21 of these Regulations, who endanger the normal growth of
ancient and famous trees and
ancient trees' follow-up resources, shall be ordered
to correct within a time limit; those who fail to correct after the deadline
shall be penalized with a fine of between not less than 500 yuan and not more
than5,.000 yuan; those who cause trees to die shall
be penalized with a fine of
between not less than 5,000 yuan and not more than 50,000 yuan for each
tree.
(7) Violators of the provision of Article 22 Item (1) of these
Regulations, who fell ancient and famous trees under first-class protection,
shall be penalized with a fine of between not less than 30,000 yuan and not more
than 300,000 yuan for each tree; those who fell
ancient trees under second-class
protection shall be penalized with a fine of between not less than 20,000 yuan
and not more than
200,000 yuan; those who fell ancient trees' follow-up resources
shall be penalized with a fine of between not less than 10,000 yuan
and not more
than 100,000 yuan.
(8) Violators of the provisions of Article 22 Items (2),
(3), (4) and (5) of these Regulations, who damage ancient and famous trees
and
ancient trees' follow-up resources, shall be ordered to correct within a time
limit and may be cumulatively penalized with
a fine of between not less than 300
yuan and not more than 3,000 yuan; those who cause trees to die shall be
penalized with a fine
of between not less than 5,000 yuan and not more than
50,000 yuan for each tree.
(9) Violators of the provision of Article 24
Clause 3 of these Regulations, who make arbitrary disposal of dead trees that
have
not been verified and cancelled, shall be penalized with a fine of between
not less than 1,000 yuan and not more than 10,000 yuan.
Article 26
Violators of the provisions of these Regulations, who damage ancient and
famous trees and ancient trees' follow-up resources and
their related protection
facilities, shall bear the liability of compensation according to law; those
whose wrongful acts constitute
a crime shall be prosecuted for criminal
liability according to law.
Article 27
Staff members of the MGA, the
district/county administrative department of ancient and famous trees and the
MPPSB who commit dereliction,
power abuse or malpractice for selfish end during
the enforcement of these Regulations shall be given administrative punishment
by
their work unit or higher authorities according to law; those whose acts
constitute a crime shall be prosecuted for criminal
liability according to
law.
Article 28
The party concerned who disagrees on the specific
administrative act of the MGA, the district/county administrative department of
ancient and famous trees and the MPPSB may apply for administrative
reconsideration or lodge an administrative lawsuit according
to the provisions
of the "Law of the People' s Republic of China on Administrative
Reconsideration" and the "Administrative Litigation
Law of the People' s Republic
of China" .
If the party concerned does not apply for reconsideration, nor
lodges an administrative lawsuit, nor performs within the prescribed
time limit,
the administrative department or the MPPSB that has made the specific
administrative act may apply to the people' s
court for enforcement.
Article
29
These Regulations shall become effective on October 1, 2002.
The "Provisions of Shanghai Municipality on the Protection and Management
of
Ancient and Famous Trees" shall be repealed at the same time.
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