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National Nature Reserve In Supervision And Inspection Methods

Original Language Title: 国家级自然保护区监督检查办法

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(Released October 26, 2006 the State environmental protection administration, 36th as of December 1, 2006) first in order to strengthen the supervision and management of national nature reserves, improve the level of construction and management of national nature reserves, according to the People's Republic of China environmental protection law and the People's Republic of China nature reserve, as well as other relevant provisions of the Ordinance, these measures are formulated.
    Article these measures applicable in environmental protection Administrative Department under the State Council organization of the national nature reserve of national supervision and inspection.
    Third article State environmental protection administrative competent sector in in accordance with legal regulations and this approach of provides perform supervision check duties Shi, right to take following measures: (a) into national nature reserve for field check; (ii) requirements national nature reserve management institutions reported construction and management situation; (three) check out or copy about information, and voucher; (four) to units and personnel survey understand related situation; (five) legal, and regulations provides right to take of other measures.
    Supervisors and inspectors in carrying out their duties of supervision and inspection, and shall strictly abide by the relevant laws and regulations of the State programs, documents, and inspected the unit keep confidential the technological and business secrets.
    Article fourth units or personnel supervision and inspection of the law should be given support and coordination to objectively reflect the situation, provide relevant information, and may not refuse or hinder supervision and inspection work.
    Fifth no unit or individual shall have the right to pollution or destruction of national nature reserves, as well as to perform or not to perform their supervision and management of State-level nature reserve impeach or accuse any agency.
    Sixth environmental protection Administrative Department under the State Council should be national nature reserve in the supervision and inspection of the situation to the public, subject to public supervision.
    Article seventh environmental protection administration departments of the State Council national nature reserve construction and management for regular assessment of the situation.
    Environmental protection administration departments of the State Council to set up a State-level nature reserve assessment Committee for periodic evaluation of the construction and management of national nature reserve status, and suggest corrective measures based on the evaluation results.
    On the construction and management of each national nature reserve status of periodic assessment of not less than once every five years.
    Eighth article national nature reserve regularly assessment of content should including: (a) management institutions of set and personnel prepared situation; (ii) management facilities status; (three) area and function partition suitable sex, and range, and line and land ownership; (four) management regulations, and planning of developed and implementation situation; (five) resources this end of, and protection and the using situation; (six) research, and monitoring, and archives and specimens situation; (seven) nature reserve within construction project management situation; (eight) tourism and other human activities situation;
    (I) the State of relations with surrounding communities; (j) education, training, Exchange and cooperation, (11), financial management (12) others should evaluate the content.
    Criteria for periodic evaluation of State-level nature reserve by the State Council shall be formulated by the Administrative Department of environmental protection.
    Nineth national nature reserve in environmental protection Administrative Department under the State Council organization of periodic evaluation, should be assessed in the beginning 20 working days ' prior notice to be evaluated national nature reserve management institutions and their administrative departments.
    Tenth national nature reserve assessment results into excellent, good, and four grades.
    Environmental protection Administrative Department under the State Council shall promptly evaluate findings and recommendations to the evaluated national nature reserve management feedback, and copied to the competent administrative Department of the reserve and the provincial people's Government.
    Evaluated State-level nature reserves authority disagrees with the results of the assessment, you can apply to environmental protection Administrative Department under the State Council for review; environmental protection Administrative Department under the State Council shall examine and verify in a timely manner.
    11th national nature reserve to assess periodically the results issued by the administrative departments in charge of environmental protection of the State Council.
    12th national nature reserve in environmental protection Administrative Department under the State Council to carry out enforcement checks.
    Law enforcement inspection is divided into regular inspections, a special inspection, sampling, and ad hoc surveys. 13th article national nature reserve law enforcement check of content should including: (a) national nature reserve of established, and range and function district of adjustment and name of change whether meet about provides; (ii) national nature reserve within whether exists illegal cut, and grazing, and hunting, and fishing, and mining drug, and reclamation, and burning, and mining, and quarrying, and dug sand, and television shooting and other legal regulations ban of activities; (three) national nature reserve within whether exists illegal of construction project, Sewage units of pollutants emissions whether meet environmental protection legal, and regulations and the nature reserve management of about provides, exceeded sewage units deadline governance of situation; (four) involved national nature reserve and its environment effect evaluation file law by place environmental protection administrative competent sector approval of construction project, its environment effect evaluation file in approval Qian whether consent of State environmental protection administrative competent sector of agreed; (five) national nature reserve within whether exists damage, and occupation, and
    Illegal transfer nature reserve of land or other natural resources of behavior; (six) national nature reserve of tourism activities programme whether after State about nature reserve administrative competent sector approved, tourism activities whether meet legal regulations provides and nature reserve construction planning (General planning) of requirements; (seven) national nature reserve construction whether meet construction planning (General planning) requirements, related based facilities, and equipment whether meet national about standard and technology specification;
    (H) national nature reserve management institutions to perform their duties, (IX) funding of the construction and management of national nature reserve in compliance with the relevant provisions of the State; (x) laws and regulations should be implemented under the supervision and inspection of other content.
    Article 14th regular evaluations or law-enforcement inspection found violations of national nature reserve construction and management of national nature reserve under authorities, except in accordance with the provisions of the present article 19th processing, environmental protection Administrative Department under the State Council shall order the rectification, and may be informed as appropriate.
    For rectification not qualified and serious damage to the protected object, no longer meets the conditions for national nature reserve, a State-level nature reserves, national nature reserve in environmental protection Administrative Department under the State Council shall review recommendations of the Board of the national nature reserve to be demoted, after they have been reviewed by and approved by the State Council, being demoted.
    15th due to the relevant administrative authorities or national nature reserve administration abuse of power, negligence, malpractice, caused the national nature reserve to be demoted, directly responsible to the person in charge and other direct liable persons, environmental protection Administrative Department under the State Council can contribute to its parent bodies or relevant supervisory organ for the sanctions proposal.
    16th degraded national nature reserves, shall not be declared again within five years to set up a State-level nature reserve.
    17th environmental protection Administrative Department under the State Council shall be announced to the public in a timely manner on the national nature reserve of law enforcement and inspection results, was ordered to fix list of national nature reserves and their rectification and degraded state-level natural reserve list.
    18th article County above place Government and about administrative competent sector, violation about provides, has following behavior one of of, on directly is responsible for of competent personnel and other directly responsibility personnel, State environmental protection administrative competent sector can to its superior organ or about monitored organ proposed administrative sanctions recommends: (a) without approved, unauthorized revoked national nature reserve or unauthorized adjustment, and change national nature reserve of range, and boundaries, and function Division of; (Ii) illegal approved in national nature reserve within construction pollution or damage ecological environment of project of; (three) illegal approved in national nature reserve within carried out tourism or mining mineral resources of; (four) on this area within occurred of violation environmental protection legal regulations in the about national nature reserve management provides of behavior, not stop or not investigation of; (five) developed or take and environmental protection legal regulations in the about national nature reserve management provides phase conflict of provides or measures,
    As pointed out is still not corrected, (vi) interfere or restrict Administrative Department of environmental protection in accordance with the national nature reserve of conducting supervision and inspection, and (VII) other acts that violate national nature reserve management regulations.
    19th article national nature reserve management institutions violation about provides, has following behavior one of of, State environmental protection administrative competent sector should ordered deadline corrected; on directly is responsible for of competent personnel and other directly responsibility personnel, can to established the management institutions of nature reserve administrative competent sector or about monitored organ proposed administrative sanctions recommends: (a) unauthorized adjustment, and change nature reserve of range, and boundaries and function Division of; (ii) without approved, in nature reserve carried out visit, and tourism activities of; (Three) opened and nature reserve protection direction inconsistent of visit, and tourism project of; (four) not according to approved of programme carried out visit, and tourism activities of; (five) on national nature reserve within occurred of violation environmental protection legal regulations in the about national nature reserve management provides of behavior, not stop or not investigation of; (six) block or hamper supervision check personnel law perform duties of; (seven) misappropriated, and abuse national nature reserve construction and management funding of; (eight) on supervision check personnel, and Impeach and accuse people retaliate, and (IX) other does not perform acts of nature reserve construction and management responsibilities.

    Rejected by the 20th national nature reserve management authority environmental protection Administrative Department under the State Council supervision and inspection of State-level nature reserve, or deception in the supervision and inspection shall be formulated by the Administrative Department of environmental protection in accordance with the relevant provisions of the regulations of the nature reserve are punished.
    21st provincial Department of environmental protection administration supervision and inspection of local-level natural reserve in the administrative regions can adopt these measures.
    Local people's Governments at or above the county level administrative Department of environmental protection of the national nature reserves within the administrative area of law enforcement and inspection, refer to this approach; national nature reserve found in the inspection of law enforcement authorities have breached national nature reserve construction and management regulations, the relevant situation can escalate environmental protection Administrative Department under the State Council shall be formulated by the Administrative Department of environmental protection after it has been verified in accordance with the relevant provisions of these measures.
                                            22nd article this way come into force on December 1, 2006.