Scenic Area

Original Language Title: 风景名胜区条例

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People's Republic of China promulgated by Decree No. 474 of the scenic Executive meeting of the State Council on September 6, 2006 the 149th adoption of the regulations, are hereby promulgated and, as of December 1, 2006.
September 19, 2006, Prime Minister Wen Jiabao scenic Regulations Chapter I General provisions article in order to strengthen the management of scenic spots, effective protection and rational utilization of scenic resources, this Ordinance is enacted.
Scenic II the establishment, planning, conservation, use and management, application of this regulation.
Scenic mentioned in these regulations refers to an ornamental, cultural or scientific value, concentration of natural landscape, cultural landscape, a beautiful environment, available for people to visit or activities of scientific and cultural areas.
Article on scenic and scientific planning, unified management, the strict principles of conservation, sustainable use.
Scenic spot of fourth set by local people's Governments at or above the county-level scenic administration, responsible for scenic protection, use and unified management. Article fifth building departments of the State Council is responsible for supervision and administration of the national scenic area.
The duties of the other relevant departments of the State Council in accordance with the provisions of the State Council, is responsible for the supervision and administration of scenic work. People's Governments of provinces, autonomous regions building departments and municipalities scenic Department, responsible for the supervision and administration of scenic spots within the administrative area.
Other relevant departments under the people's Governments of provinces, autonomous regions and municipalities responsibilities under the Division of labor, responsible for the supervision and administration of scenic management.
Sixth article of any units and individuals have the obligation to protect scenic resources, and the right to stop, impeach the acts of destruction of scenic resources.
Chapter II establishment of a seventh scenic area, should contribute to the protection and rational utilization of scenic resources.
New scenic spots and nature reserves may not overlap or cross; established scenic spots and nature reserves of overlap or cross, scenic area planning and planning should be coordinated.
Article eighth scenic area into a national scenic area and provincial-level scenic spots.
Natural landscape and cultural landscape that reflects important natural processes and major historical and cultural development of original appearance of the base in a natural state or history, a State representative, can apply for the establishment of a national scenic area has regional representation may apply for the establishment of provincial-level scenic.
Nineth article application established landscape places district should submitted contains following content of about material: (a) landscape places resources of basic status; (ii) intends established landscape places district of range and core scenic of range; (three) intends established landscape places district of nature and protection target; (four) intends established landscape places district of tour conditions; (five) and intends established landscape places district within of land, and forest, natural resources and housing, property of ownership people, and right people consultations of content and results.
Article tenth national scenic area, and submit an application by the people's Governments of provinces, autonomous regions and municipalities, building departments of the State Council in conjunction with the Environmental Protection Department, Forestry Department, the cultural relics departments and other departments concerned organizations demonstrate, review comments, approved by the State Council announced.
Establishment of provincial-level scenic spots, apply to the people's Governments at the county level, provincial, autonomous regional people's Government Building Department or municipality scenic Department, together with other relevant departments, and justification, review comments, announced approval of the people's Governments of provinces, autonomous regions and municipalities.
11th scenic land, forests and other natural resources and housing, property ownership, right to person's lawful rights and interests are protected by law.
Establishment of scenic spots should be reported to the people's Government of the applicant before approval, and scenic lands, forests and other natural resources and housing, property ownership, the holder of full consultation.
Established scenic on the scenic spots within the land, forests and other natural resources and housing, property ownership, right to person resulting in losses, should be compensated according to law.
12th chapter planning scenic area planning into overall planning and detailed planning.
13th overall planning of scenic area, should reflect the people and nature live in harmony, coordinated regional development and economic and social progress requirements, adhere to the principles of protection, development of priority subject to protection, outstanding scenic resources of the natural, cultural and local features.
General planning for scenic areas should include the following: (a) the evaluation on landscape resources, (ii) ecological resources protection measures, major construction project layout, develop strength and (iii) functional structure and spatial distribution of scenic; (d) the scope of the prohibition of the development and the development and (v) scenic area visitor capacity; (vi) the special plan. Article 14th scenic area shall be completed within 2 years from the date of the establishment of master plan.
Master planning is generally 20-year planning period.
15th detailed planning of scenic area should be based on the core scenic areas and other attractions of the different requirements, identify infrastructure, tourism facilities, cultural facilities, such as the location, layout and size of construction projects, and to clear land for construction and planning conditions.
Detailed planning of scenic area, shall comply with the overall planning of scenic area.
16th national scenic area planning by the provincial, autonomous regional people's Government Building Department or municipality scenic Department Organization.
Provincial-level scenic area planning formulated by the people's Governments at the county level.
17th the compilation of scenic spot planning shall be made in bidding competition to select units with the appropriate qualifications.
Scenic scenic accredited plans shall be in accordance with the scope, nature and conservation goals, in accordance with the relevant laws, regulations and technical norms of the State system.
18th compilation of scenic spot planning should widely seek the advice of relevant departments, the general public and experts when necessary, shall conduct a hearing.
Scenic spots planning materials submitted for approval should include the community's views and the opinions adopted and not adopted by reason.
Overall planning of the 19th national scenic area, the people's Governments of provinces, autonomous regions and municipalities directly under the review, submitted to the State Council for examination and approval.
Detailed planning of the national scenic areas, the people's Governments of provinces, autonomous regions building departments or municipalities scenic Department building by the State authorities.
20th overall planning of provincial-level scenic areas, by the approval of the provinces, autonomous regions and municipalities, building departments under the State Council for the record.
Detailed planning of provincial-level scenic areas, the people's Governments of provinces, autonomous regions building departments or authorities of municipalities scenic.
Article 21st scenic plan after approval, shall be announced to the public, and no organization or individual has the right to check out.
Scenic spots within the units and individuals shall comply with the approved planning of scenic area, subject to planning and management.
Scenic area planning without approval, and shall not be carried out in the scenic construction of all kinds of activities. 22nd approved the planning of scenic area no unauthorized changes.
Really necessary to master planning of scenic scenic range, nature and objectives for the protection, ecological resources protection measures, major construction project layout, develop strength and function of scenic structure, spatial layout, modify tourist capacity, shall be submitted to the original examination and approval organ; modify the content on the other, shall be submitted to the original examination and approval organ for the record.
Detailed planning of scenic area necessitates modification, shall be submitted to the original examination and approval authority for approval.
Government or Government departments modify the planning of scenic area of citizens, legal persons or other organizations resulting in property damage, shall be given compensation. 23rd master planning of scenic planning period before the expiration of 2 years planning the establishment of the authority should organize experts to assess the plan, whether or not the preparation of planning decisions.
In front of the new plan is approved, the original plan continue to be valid.
The fourth chapter within the protection of article 24th scenic landscape and nature, based on the principle of sustainable development should be strictly protected, not corrupted or changed.
Scenic district management should establish and improve the scenic resource protection management system.
Scenic area residents and visitors should protect the scenic landscape, water bodies, vegetation, wildlife, and the facilities.
25th scenic area management bodies should be important in the scenic landscape of investigation, expert evaluation, and develop appropriate protection measures.
26th article in landscape places district within ban for following activities: (a) mountain, and quarrying, and mining, and wasteland, and repair graves State tablet, damage landscape, and vegetation and terrain landforms of activities; (ii) built store explosion sex, and flammable sex, and radioactive, and poison sex, and corrosion sex items of facilities; (three) in scene or facilities Shang carved designated, and coated dirt; (four) mess threw garbage.
27th prohibits the violation of scenic spot planning, establishment of development zones and in the scenic area in the core area within the building hotels, guest houses, training centers, nursing homes and other buildings not connected with scenery resources protection; already under construction should be in accordance with the planning of scenic area, gradually move out.
28th in the scenic area in the section 26th, 27th the prohibition beyond the scope of building activities, after examination by the scenic area administration, in accordance with the relevant laws and regulations and approval procedures.
National scenic areas in major construction projects such as construction of a cable car, cableway, the siting of the project plan approved by the Building Authority shall be submitted to the State Council.
29th article in landscape places district within for following activities, should by landscape places district management institutions audit Hou, in accordance with about legal, and regulations of provides reported about competent sector approved: (a) set, and posted commercial advertising; (ii) held large amusement, activities; (three) change water resources, and water environment natural state of activities; (four) other effect ecological and landscape of activities. Article 30th construction projects within the scenic area shall conform to the planning of scenic area, and harmony with the landscape, may destroy the landscape, environmental pollution and prejudice tour.

In scenic areas in the building activities, construction, the construction unit shall develop pollution control and water and soil conservation programmes, and to take effective measures to protect the surrounding landscape, water resources, vegetation, wildlife and terrain.
31st national scenic area management information system established, the scenic area dynamic monitoring plan implementation and resource protection.
National scenic area is located in scenic spots Management Agency shall submit annually to the building departments of the State Council scenic area planning and conservation of lands, forests and other natural resources of State building departments of land, forests and other natural resources should be protected, copy to the departments concerned under the State Council in a timely manner.
The fifth chapter 32nd scenic area administration and management should be based on characteristics of the scenic, protecting national traditional folk culture, health benefits of sightseeing and cultural and recreational activities, popularize the knowledge of history, culture and science.
33rd scenic area management bodies should be according to the scenic area planning, rational utilization of scenic resources, improving conditions of transport, services, facilities, and sightseeing tours.
Scenic area management bodies should be set within the scenic scenic signs and road signs, warnings and other signs.
Article 34th scenic area within the management of sites for religious activities, in accordance with national provisions on the management of sites for religious activities.
Scenic spots under the natural resources conservation, utilization, management and protection of cultural relics and nature reserve management should also implement the provisions of relevant laws and regulations of the State. 35th building departments under the State Council shall set forth the national scenic area planning, implementation, resource protection supervision and assessment of the situation.
Issues found should be corrected, processed in a timely manner.
Article 36th scenic district management should establish a sound security system, strengthen safety management, ensure the safety tour, and urged relevant departments of the business units within the scenic area in accordance with the law and regulations of supervision and inspection.
Prohibition exceeds the allowed capacity to accept visitors and tour activities in areas without security guarantees. Tickets to the 37th entered the scenic, scenic area Administration Office for sale.
Price of ticket prices in accordance with the relevant provisions of laws and regulations.
Scenery famous spot area of transportation, services and other projects should be managed by the scenic in accordance with relevant laws, regulations and planning of scenic area, using the tender way of fair competition, such as operator. Scenic area management should sign contracts with the operators, determining their respective rights and obligations in accordance with law.
Operators shall pay a fee for paid use of scenic resources.
Article 38th scenic spot ticket income and paid royalties of scenic resources, carrying out two lines of income and expenditure management. Scenic spot ticket income and scenic resource use fees paid shall be exclusively used for scenic resource protection and management, as well as scenic spots within the ownership of the property people, compensation for loss of the right.
Specific measures shall be formulated by the financial sector, competent authorities and the building departments and other departments concerned under the State Council.
39th scenic area management bodies shall not be engaged in profit-making business activities may not be planning, management and supervision of administrative functions entrusted to the enterprise or individual to exercise.
Scenic area staff of the regulatory body, not in scenic spots within the business part-time.
Sixth chapter legal responsibility 40th article violation this Ordinance of provides, has following behavior one of of, by landscape places district management institutions ordered stop violations, and recovery undisturbed or deadline demolition, confiscated illegal proceeds, and at 500,000 yuan above 1 million Yuan following of fine: (a) in landscape places district within for mountain, and quarrying, and mining, damage landscape, and vegetation, and terrain landforms of activities of; (ii) in landscape places district within built store explosion sex, and flammable sex, and radioactive, and poison sex, and corrosion sex items of facilities of;
(C) in the core area within the construction of hotels, guest houses, training centres, nursing homes and other buildings and scenic resource protection has nothing to do.
Local people's Governments at and above the county level authorities approved the implementation of the provisions of the first paragraph of this article, the directly responsible person in charge and other direct liable persons shall be given the punishment of demotion or removal from Office constitutes a crime, criminal responsibility shall be investigated according to law.
41st in violation of the provisions of this Ordinance, prohibited in scenic areas beyond the scope of building activities, without the scenic area administration audit, by scenic area management bodies shall be ordered to stop construction, dismantle, individual fine of between 50,000 yuan and 20,000 yuan, the unit of less than 200,000 yuan and 500,000 yuan fine.
42nd in violation of the provisions of this Ordinance, construction of a cable car, cableway in the national scenic area and other major construction projects, project location, without construction approved by the competent departments of the State Council, issued by the relevant departments of the local people's Governments at or above the county level selection report, directly responsible in charge and other direct liable persons shall be given disciplinary actions constitute a crime, criminal responsibility shall be investigated according to law.
43rd in violation of the provisions of this Ordinance, in the scenic area land clearing, graves carved on tablets and other landscapes, vegetation, topography and activity, the scenic area management bodies shall order to stop the illegal practice, ordered to make restitution or to take other remedial measures, illegal income shall be confiscated, and a fine of less than 1000 Yuan and 10,000 yuan.
44th article violation this Ordinance of provides, in scene, and facilities Shang carved designated, and coated dirt or in landscape places district civil strife threw garbage of, by landscape places district management institutions ordered recovery undisturbed or take other remedy measures, at 50 Yuan of fine; carved designated, and coated dirt or to other way deliberately damaged national protection of heritage, and places of, according to security management punishment method of about provides be punishment; constitute crime of, law held criminal. 45th article violation this Ordinance of provides, without landscape places district management institutions audit, in landscape places district within for following activities of, by landscape places district management institutions ordered stop violations, and deadline recovery undisturbed or take other remedy measures, confiscated illegal proceeds, and at 50,000 yuan above 100,000 yuan following of fine; plot serious of, and at 100,000 yuan above 200,000 yuan following of fine: (a) set, and posted commercial advertising of; (ii) held large amusement, activities of; (three) change water resources, and
The water activity of the natural state of the environment and (d) other activities affecting the ecological and landscape.
46th article violation this Ordinance of provides, construction units in construction process in the, on around scene, and water, and forest grass vegetation, and wildlife resources and terrain landforms caused damage of, by landscape places district management institutions ordered stop violations, and deadline recovery undisturbed or take other remedy measures, and at 20,000 yuan above 100,000 yuan following of fine; late not recovery undisturbed or take effective measures of, by landscape places district management institutions ordered stop construction.
47th article violation this Ordinance of provides, State construction competent sector, and County above place Government and about competent sector has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel law give disposition; constitute crime of, law held criminal: (a) violation landscape places district planning in landscape places district within established various zone of; (ii) landscape places district since established of day up not in 2 years within prepared completed landscape places district general planning of;
(C) choose not to have the appropriate level of qualification of units of scenic spot planning; (d) scenic area planning permission approved in scenic areas in the building activities; (v) tampering of scenic spot planning; (vi) does not perform its functions of supervision and other activities. 48th article violation this Ordinance of provides, landscape places district management institutions has following behavior one of of, by established the landscape places district management institutions of County above place Government ordered corrected; plot serious of, on directly is responsible for of competent personnel and other directly responsibility personnel give downgraded or dismissed of disposition; constitute crime of, law held criminal: (a) over allows capacity accepted visitors or in no security guarantees of regional carried out tour activities of; (ii) not set landscape places district logo and signs, and
Security warning, signs of; (three) engaged in to profit for purpose of business activities of; (four) will planning, and management and supervision, administration functions delegate to enterprise or personal exercise of; (five) allows landscape places district management institutions of staff in landscape places district within of enterprise part-time of; (six) audit agreed in landscape places district within for not meet landscape places district planning of construction activities of; (seven) found violations not investigation of.
49th article of the first paragraph of section 40th, 41st, 43rd, 44th, 45th, 46th, violations of the provisions, in accordance with the provisions of relevant laws and administrative regulations, the departments concerned have been punished, scenic area management bodies no longer punishment.
50th article of the first paragraph of section 40th, 41st, 43rd, 44th, 45th, 46th, violations of the provisions, against the State, a collective or an individual's property, units or individuals shall bear civil liability. 51st in accordance with the provisions of this Ordinance, ordered to demolish illegal construction in the scenic area of buildings, structures or any other facilities, units or individuals must immediately stop building activities, removal of; to continue construction, ordered to reverse decisions of authorities to stop.
Units or individuals shall be ordered to dismantle disagrees with the decision, after receiving the ordered demolition of decision within 15th of, to the courts; expiration not to prosecute and not to remove, ordered to reverse decisions of organs in accordance with the application made by the people's Court for compulsory execution costs borne by the offender. Seventh chapter supplementary articles article 52nd this Ordinance shall take effect on December 1, 2006. Issued by the State Council on June 7, 1985 the interim regulations on scenic spots management repealed at the same time.

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