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中华人民共和国自然保护区条例(二)

2006-05-16 16:42   我要纠错 | 打印 | 收藏 | | |

  Article 26 In nature reserves, such activities as felling, 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.

  Article 27 Nobody shall be allowed to enter the core area of 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.

  Article 28 Tourism, production and trading activities are 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.

  All units and individuals who participate in such activities described in the preceding paragraph shall submit a copy of the report of the activity result to the administrative agency of the nature reserves.

  Article 29 With respect to the visiting and sightseeing 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 visiting and sightseeing tourist projects that violate the protection guidelines of nature reserves shall be prohibited.

  Article 30 Where there are no divisions within the nature reserves, that nature reserves shall be managed in accordance with the stipulation concerning the core area or buffer zone in the Regulations.

  Article 31 In cases when foreigners wish to enter a local nature 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.

  All foreigners who enter nature reserves shall abide by the relevant laws, regulations and rules concerning nature reserves.

  Article 32 No production installations shall be built in the 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.

  The projects constructed in the outer protection zone of 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.

  The decision to eliminate and control pollution within a 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.

  Article 33 If any accident or accidental event takes place, the 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

  Article 34 Any unit or individual who has violated the 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:

  (1) moving or doing damage to the landmarks of nature reserves without approval;

  (2) entering the nature reserves without approval, or failing to meet the requirements of the administrative agency while in the nature reserves;

  (3) carrying out scientific research, educational practice 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.

  Article 35 Any unit or individual who has violated the 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.

  Article 36 The administrative agencies of the nature reserves 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.

  Article 37 Any administrative agency of the nature reserves 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:

  (1) taking visit and sightseeing tour in nature reserves without approval;

  (2) setting up visit and tourist projects against the general guidelines of the conservation of nature reserves;

  (3) taking visit and sightseeing tour failing to accord with the activity plans approved.

  Article 38 Whoever violates the Regulations by causing damage 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.

  Article 39 Whoever hinders the work of the administrative staff 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.

  Article 40 If a violation of the Regulations causes 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.

  Article 41 Any person conducting management of nature reserves 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

  Article 42 The competent administrative department of nature reserves under the State Council may, in accordance with the Regulations, formulate the administrative rules for different types of nature reserves.

  Article 43 The people's governments of provinces, autonomous regions and municipalities directly under the central government may, in accordance with the Regulations, formulate the implementation measures.

  Article 44 The Regulations shall enter into force on December 1, 1994.

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