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深圳市生态公益林条例 Regulations of the Shenzhen Municipality on the Forests of Ecology and Commonweal

2006-05-13 11:16   我要纠错 | 打印 | 收藏 | | |

深圳市人大常委会公告第53号

(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)

颁布日期:20020816  实施日期:20021001  颁布单位:深圳市人大常委会

  Chapter I General Provisions

  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.

  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.

  These Regulations shall apply to the plan, construction, management and protection of the forests of ecology and commonweal.

  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.

  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.

  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

  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.

  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.

  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.

  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.

  The units and individuals who protect actively the forests of ecology and commonweal shall be commended and rewarded.

  Chapter II Planning and Construction

  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.

  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.

  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.

  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……

  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%.

  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.

  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.

  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.

  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 .

  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.

  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.

  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.

  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.

  Chapter III Administration and Protection

  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.

  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.

  Article 13 The competent departments for forestry at all levels are the responsible persons for administration of the forests of ecology and commonweal.

  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.

  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.

  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.

  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.

  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.

  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.

  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.

  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.

  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.

  Forest guards shall be appointed by the district or township people‘s governments and shall implement their duties according to law.

  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.

  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.

  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.

  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:

  (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.

  (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.

  (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.

  Legal festivals and holidays and traditional folk festivals are regarded as the special fire prevention terms for forest.

  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.

  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.

  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.

  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.

  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.

  Chapter IV Legal Liability

  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.

  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.

  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.

  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.

  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.

  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.

  (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;

  (2) where failing to accept safety inspection from forests administrative persons and bringing kindling into forests areas without permission;

  (3) where damaging the equipments or facilities for preventing forests fire;

  (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;

  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:

  (1) where using forest trees and nursery stock with dangerous plant diseases and insect pets for growing seedlings or afforesting;

  (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;

  (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.

  (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.

  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.

  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.

  Chapter VI Supplementary Provisions

  Article 34 The Municipal Government may formulate the implementation rules according these Regulations.

  Article 35 These Regulations shall enter into force as of October 1, 2002.

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