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Shandong Provincial Wetland Protection

Original Language Title: 山东省湿地保护办法

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Wetland protection approach in the Province of San Suu Kyi

(Adopted by Decree No. 257 of 26 December 2012 by the People's Government Order No. 257 of 26 December 2013, published as from 1 March 2013) at the 136th ordinary meeting of the Government of the Sudan, held on 28 November 2012.

Chapter I General

Article 1, in order to strengthen the protection of wetlands, preserve the function of the wetlands, improve the ecological environment and promote sustainable economic and social development, develop this approach in line with the relevant laws, regulations and regulations.

Article 2 applies to the wetlands protection and its monitoring activities within the territorial administration.

The approach refers to wetlands that are more ecologically functional, older or seasonal water for wildlife, river flow into the sea area of lakes, high humid areas, as well as to 6 metres of sea in low-tax.

Article III. Wetland protection should be guided by the principles of integrated planning, protection priorities, rational use and sustained development, and the introduction of integrated coordination and sectoral management systems.

Article IV. The Government of the people at the district level should incorporate wetlands protection into national economic and social development planning, organize the promotion of education and scientific research on wetlands, coordinate the resolution of key issues in the management of the wetlands, financial security, protection.

Article 5

Sectors such as development reform, finance, agriculture, water, land resources, rural and urban construction, environmental protection, ocean and fisheries are in line with their respective responsibilities to protect the relevant wetlands.

Any units and individuals in Article 6 have the obligation to protect the environment of the wetlands and have the right to investigate and prosecute acts of destruction, intrusion of the wetlands.

More than the people's governments at the district level should recognize units and individuals that have made significant achievements in the protection of the wetlands.

Chapter II

Article 7. Wetlands are divided into important international wetlands, important national wetlands, and important wetlands and other wetlands.

The Ministry's important Wetland Gazette and protection coverage, submitted by the relevant departments and experts of the provincial forestry authorities to the Commission for the Writing of Wetlands, approved by the Government of the Provincial People; other wet names are published and protected by the city, the zones (communes, districts) forestry authorities in the host area.

Important international wetlands, the State's important wet names and the scope of protection are implemented in accordance with international wetlands conventions and relevant national provisions.

Article 8

Wetland protection planning should identify elements such as wetlands protection targets, safeguards, regional areas prohibiting the development of construction, limiting development-building and using, protecting and rehabilitating ways.

Article 9. Wetland protection planning should be based on scientific and sound production, based on the types of wetlands, scope of protection, ecological functions and water resources, wildlife and plant resources, and on the overall land-use planning, environmental protection planning, urban and rural planning, water resource planning, ocean functional areas.

Planning for the protection of wetlands should be developed and the views of the relevant units, experts and the general public should be widely sought through the identification, hearings, etc.

Article 10 Governments at all levels and relevant sectors should strictly implement wetlands protection planning, without prejudice to planning for construction projects or other development activities.

Wetland protection planning needs to be adapted or modified and should be approved by the original approval process.

Chapter III Natural protected areas and wetlands parks

Article 11, with one of the following conditions, should establish natural protected areas of wetlands:

(i) The inclusion of important international wet names or national important wet names;

(ii) The rich characteristics of biodiversity or the concentration of species belonging to scarce, endangered wildlife species;

(iii) National and local priorities for the protection of species of birds and major breeding areas of water and poultry, the more winter and the main parking space on the routes of migration;

(iv) The natural wetlands representing different types of specific protection or significant scientific research values;

(v) Other wetlands with special protection significance, important ecological values, economic values or major scientific cultural values. The construction and management of natural protected areas of wetlands are carried out in accordance with national and provincial provisions relating to natural protected areas.

Article 12 does not have conditions for the establishment of natural protected areas of wetlands, but one of the following conditions should be established:

(i) The ecological characteristics of the wetlands are prominent and have some degree of humid landscapes with ecological, cultural and biodiversity values;

(ii) Wetland ecosystems are typical or important regional status, and the function of the humidal subject is exemplary in this province or in some regions;

(iii) Wetland natural landscapes, which are important or special ecological protection, scientific research and advocacy of educational values;

(iv) The wetlands area requiring priority protection, with the approval of the Government of the people at the district level above.

The approval process for the establishment of a wetlands park was developed by provincial forestry authorities. Wetland parks need to be rescinded and modified and should be approved by the original approval process.

Article 13. The Government of the people at the district level should organize the establishment of bordermarks in the relevant sectors, indicating the scope of the wetlands park.

No unit and individual individuals are prohibited to carry out their own movement or to destroy humid parks.

Article 14. In accordance with the actual needs of wetlands protection, wetland parks can be divided into wetlands-growth zones, reconstruction zones, educational demonstration areas, reasonable use of zones and management services.

Any other activities that are not relevant to the protection and management of wetlands ecosystems shall not be carried out except for the necessary activities such as wetlands resource protection, monitoring, creativity and rehabilitation.

Appropriate ecological displays, Kopp education, ecotourism, etc., can be carried out in the areas of teaching, rational use and management of services, without prejudice to the basic functions of the wetlands ecosystems.

Article 15. Wetland park construction must be carried out in accordance with the overall planning of approved wetlands parks, maintaining the integrity and functional integrity of the regional biodiversity and wetlands ecosystems in the wetlands area, in coordination with the surroundings, and without building any work facility that undermines or affects the environment of wildlife, destroys natural landscapes and geological sites, and contaminated environments.

Article 16 does not have the conditions for the establishment of natural protected areas and wetlands parks, which can be protected through the establishment of wetlands, the multi-purpose management area.

Chapter IV Oversight management

Article 17

The entire provincial humid resource census was conducted every five years, organized by the provincial forestry authorities.

Article 18

Article 19 prohibits any unit and person from carrying out the following acts of destruction of the wetlands:

(i) Restructuring, filling, taking wetlands or changing wetlands;

(ii) The illegal opening of mines, the extraction of shrines, the extraction or construction of facilities;

(iii) The unauthorized release of wetlands and the interception of wetlands with the outer trametery;

(iv) In violation of pastures, burning and deforestation;

(v) Emission of toxic, hazardous substances or dumping of solid wastes to wetlands and surrounding regions;

(vi) A major breeding area and habitats that undermine the water, such as fish;

(vii) Reaching wild flora, collecting of wild flora and fauna that are heavily protected by States and provinces, collecting, destroying birds or using extermination for fish and other aquatic life;

(viii) Other acts of destruction of wetlands.

Article 20 Governments of more people at the district level should undertake scientific assessments of degraded and destroyed wetlands, in accordance with wetlands protection planning, and take remedial measures such as habitat-making, vegetation recovery, re-entry (rehabitation), wet, grazing, pollution control, bio-control.

Article 21 Governments of more people at the district level should take measures to guarantee ecological water for wetlands. For natural wetlands resulting from the lack of water resources, water should be filled through engineering and technical measures to preserve the ecological function of wetlands.

More than the people at the district level should encourage water-based construction and wetlands to protect integrated planning, to prevent the sharing of resources such as water, bioenvironment and wetlands. Water and other relevant sectors should maintain a sound water position in rivers, lakes, water banks and preserve the natural cleaning capacity of water bodies when developing water resources for planning and movement.

In Article 2 above, the Government of the people at the district level should plan to build the necessary artificial wetlands and clean water quality in areas such as river sinks, lakes (at sea) and focus on the polluting rivers.

Article 23 includes all important international wetlands and important national wet names and natural wetlands located in natural protected areas, prohibiting any unit or individual from reclaiming, occuping or changing wetlands.

The development of construction activities in the context of important wetlands and other wetlands in the province must be in line with the planning for wetlands protection and in accordance with the law.

Article 24 Construction projects may have an impact on the wetlands ecosystems, and their environmental impact evaluation documents should contain elements for the protection and control of wetlands. The environmental protection or the marine and fisheries sector should seek the views of forestry and other relevant sectors when approving environmental impact evaluation documents.

Article 25 requires the temporary use of wetlands due to the construction of public utility facilities or other activities, and the occupancy units should propose viable wetlands rehabilitation programmes. Wetland rehabilitation programmes should be in line with wetlands protection planning and with the consent of the forest authorities at the district level.

No permanent building or construction shall be constructed without the approval of the temporary occupation of wetlands and no change in the basic function of the wetlands ecosystems.

The duration of the temporary occupancy of wetlands shall not exceed two years. After the expiration of the interim occupancy period, the occupancy units should resume the programme in a timely manner in accordance with the wetlands.

Article 26 engages in activities such as fishing, grazing, harvesting, raising, tourism, within the context of wetlands protection, and programmes for the protection of wetlands should be developed. In the process of processing the approval process, the authorities of the government of forestry at the district level should be consulted.

The activities provided for in the preceding paragraph shall be governed by the regulations governing the length, scope and protection programmes provided for in the relevant sectors and subject to the supervision of the forest authorities.

Article 27, which focuses on national and provincial areas for the centralization of wild flora and fauna, should be actively encouraged by all levels of the people's governments to develop alternative industries and eco-agriculture for the local population, to prevent the reduction of the area of wetlands and to maintain the ecological function of the wetlands.

The sectors and relevant authorities, such as forestry, agriculture, oceans and fisheries, at the district level, should put in place mechanisms for the conservation of scarce wildlife rescue, receive timely care reports, and take urgent care measures against injured, ill-treated or vulnerable rare wild animals.

Article 29 prohibits the introduction of harmful species into wetland areas.

The introduction of alien species into wetlands or the use of drugs within the wetlands should be conducted in accordance with the relevant provisions and piloted in accordance with the relevant technical norms.

The sectors such as forestry, agriculture, oceans and fisheries at the district level should monitor the introduction of foreign species in a dynamic manner, identify their harmful practices and take timely and effective measures to eliminate the harm and report on time to the people's Government and the authorities at the highest level.

Article 33, which causes or may result in wetlands contamination, should take immediate measures to address it and promptly inform units, individuals who may be harmed while reporting to the local people's governments in the areas of forestry, environmental protection.

After reports received from the Government of the veterans, such as forestry, environmental protection, effective measures should be taken to address the hazards in a timely manner.

The Government of the people at the district level should develop policies for the protection and rehabilitation of wetlands, rationalize financial inputs and establish and improve the ecological protection compensation system for wetlands. Specific approaches are developed by provincial forestry authorities with the financial sector.

Article 32 Governments of more people at the district level should organize sectors such as forestry, land resources, ocean and fisheries, and work in accordance with the State's provisions on the registration, recognition, issuance of evidence, etc.

Article 33 The forest authorities of the Government of the veterans at the district level should monitor the use of wetlands resources in the relevant sectors and report on wetlands protection in a timely manner to the people's Government.

Chapter V Legal responsibility

Article 34, in violation of the provisions of this approach, provides that the law, legislation and regulations provide for legal responsibility and are enforced in accordance with this approach.

In violation of this approach, there are one of the following acts within the wetlands, with criminal responsibility under the division of responsibility of the Government of the more than the population of the district, forestry, land resources, agriculture, water, marine and fisheries, environmental protection, etc., to cease violations, to take appropriate remedies and to punish them in accordance with the following provisions; and to constitute crimes:

(i) A fine of up to $30 per square methm of 10 square meters for self-setting, landing, occuping or changing wetlands;

(ii) The unauthorized release of wetlands, the interception of wetlands with the outer shore water system, with a fine of more than 300,000 dollars; and, in serious circumstances, a fine of up to 30,000 dollars;

(iii) In violation of pastures, burns and fines of more than 1000 ktonnes;

(iv) Inviolate the collection, destruction of birds or the use of extermination for fish and their aquatic life, with a fine of up to $3000 million; in serious circumstances, a fine of up to €300,000;

(v) A fine of more than 5,000 dollars for major breeding areas and habitat damage to fish, such as wildlife;

(vi) Authorize mobile, destroying humidal protection of communitymarks, symbols or facilities, with more than 5,000 fines and compensation for the corresponding losses in accordance with the law.

The penalties set out in subparagraph (i) and (iii) above shall not exceed $30,000.

Article XVI, in violation of this approach, denied redress and rehabilitation measures for the destruction of wetlands or the temporary occupancy of wetlands, by means of a remedy organized by the Government's forestry authorities at the district level with the environmental protection sector to impose a fine of up to 3,000 dollars for the responsible person and to compensate for the corresponding losses in accordance with the law.

Article 37, in violation of this approach, provides for the unauthorized introduction of foreign species into wetlands or for the imposition of drugs within the wetlands, with the responsibility of more than 1000 government forestry authorities or other relevant sectors to stop the offence, with a fine of 5,000 dollars; in exceptional circumstances, the imposition of a fine of up to 3,000 dollars.

In violation of this approach, the forest authorities and other relevant departments at the district level have one of the following acts, which are to be disposed of in accordance with the law by the competent and other direct responsible persons directly responsible; and constitute a crime and hold criminal responsibility under the law:

(i) The development and organization of wetlands protection planning, as prescribed;

(ii) Non-compliance with the law with the protection of wetlands;

(iii) The discovery of violations of the provisions of wetlands protection is not lawful;

(iv) To put an end to the sterilization of wetlands in violation;

(v) Other abuses of authority, omissions, provocative fraud.

Annex VI

Article 39 of this approach is implemented effective 1 March 2013.