Protection Of Ancient And Famous Trees In Benxi City Approach

Original Language Title: 本溪市古树名木保护办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201303/20130300385521.shtml

Protection of ancient and famous trees in Benxi City approach

    (November 14, 2012 14th session of the Standing Committee of the people's Government of the 117th district, Benxi City review December 12, 2012, 165th, Benxi City people's Government promulgated as of February 1, 2013) first to strengthen the protection of ancient and famous trees in the city administration, according to the People's Republic of China Forestry Act, the State Council regulations on urban landscaping and other related laws and regulations, based on actual Benxi, these measures are formulated.

    Article within the administrative area of the city of ancient and famous trees conservation and management, application of this approach.

    Article ancient trees in these measures refers to trees in more than 100 years old.

    Famous in these measures refers to rare tree species, tree, unique, both at home and abroad and rare in the city, and has historically meaningful, important scientific research, landscape value, the trees released by the Municipal Government to determine. Fourth city, County (district) Government responsible for the administration of ancient and famous trees protection leadership and organizational coordination.

    City, County (district) Administrative Department for forestry and urban greening (hereinafter referred to as administrative departments of ancient and famous trees) are responsible for this area of rural and urban protection of ancient and famous trees.

    Finance, environmental protection, tourism, law enforcement, transportation, water supplies, railway, culture, film and television, education, real estate, and other sectors, according to their respective functions of ancient and famous trees conservation and management work together.

    Article fifth protection and utilization of combined as well as planning and construction, ornamental use, subject to the principles of protection; grading supervision and strict punishment, principle of territorial management.

    Sixth city, County (district) Government urban and rural development plans should be combined with protection of ancient and famous trees program, and the inclusion of ancient and famous trees conservation plan for national economic and social development planning and environmental planning. Article seventh city, County (district) Government in accordance with the administrative division of ancient and famous trees protection fund into the budget at the same level.

    Annual allocations of special funds for the rescue of the ancient tree and famous tree, rejuvenation and protection facilities built and maintenance subsidies, as well as research, advocacy, and other conservation efforts.

    Article administrative departments to deal with ancient and famous trees of ancient tree and famous tree resources, types, distribution, management and protection of Census and establishment of technical files, dynamic monitoring and management.

    Article tree is divided into primary, secondary and tertiary.

    (A) in more than 500 years old ancient tree level of old trees.

    (B) in more than 300 years old ancient trees 499 years two ancient trees.

    (C) the age of less than 100 to 299 years old trees for three old trees.

    (D) the famous and no age restrictions, regardless of their level.

    Tenth ancient and famous trees in accordance with the relevant national regulations and standards for identification confirmation.

    (A) the level, ancient trees, ancient trees by organizations identified by the Administrative Department, after approval by the municipal government provincial Government confirmed and reported to Department of forestry administration and construction administrative departments under the State Council for record.

    (B) second-level ancient trees and famous and old trees in the municipal administrative departments identified, confirmed by the municipal government, and submitted to the provincial Department of forestry administration and construction administrative departments for the record.

    (C) three levels of ancient trees by the County (district) Administrative Department of ancient and famous trees organization identified by County (district) Government that administrative departments for the record of ancient and famous trees.

    11th the value of ancient and famous trees, ancient trees, by administrative departments concerned experts in accordance with the relevant provisions and standards assessment, assessment as compensation for the loss of the reference. 12th confirmed by identification and record-keeping of valuable and old trees, and directory published by the municipal government, competent administrative departments to set up signs of ancient trees.

    Signs should specifically set forth the ancient tree and famous tree the name, scientific name, genus, protection grade, age, lap time, number of trees, authority, responsible for the management, monitoring phone calls, determine the time content, with special historical, cultural and scientific value and are memorable, independent view of the ancient tree and famous tree, should attach a text description.

    13th ancient and famous trees protection according to the following regulations:

    (A) for ancient trees around the vertical projection of the Crown extends to 5 meters, canopy edge is not clear or non-obvious part extends to the outer edge of the canopy within 5 metres.

    (B) community growth of valuable and old trees, the municipal administrative departments of ancient and famous trees based on actual delineation of the scope of protection.

    Administrative Department under the protection of ancient and famous trees require fencing, walls and other protective measures.

    Article 14th responsibility to protect ancient and famous trees in accordance with the following provisions:

    (A) the scattered units of the eyes and personal of valuable and old trees in the courtyard, by the units and individual protection.

    (B) the railways, highways, reservoirs and river with a range of valuable and old trees, respectively, by the Department of railways, roads and water supplies protection and management.

    (C) within the Administrative Department of urban landscape management of valuable and old trees, specified by the units of the ancient tree and famous tree management specialist is responsible for conservation and management.

    (Iv) resident in the community valuable and old trees, the owners paid protection of Commission property service enterprises management; implementation of property management, managed by the Community institutions to designate protection management.

    (E) within the scope of collective land in rural areas of valuable and old trees, protected by the local villagers ' Committee or villagers ' group management of valuable and old trees on the land, managed by the land protection.

    (F) growth in scenic spots, tourist resorts, nature reserves, forest parks, within the scope of State-owned forest farm of the ancient tree and famous tree, which is responsible for the protection and management of the management bodies or State-owned forest farms.

    15th city, County (district) administrative departments of ancient and famous trees in accordance with the ancient and famous trees protection level, regular inspections of the ancient tree and famous tree in accordance with the following provisions:

    (A) the level, ancient trees, ancient trees by Administrative Department every six months to visit once, County (district) administrative departments of ancient and famous trees inspected once every quarter.

    (B) second-level ancient trees and famous and old trees in the municipal administrative departments in annual inspections, County (district) administrative departments of ancient and famous trees inspected once every six months.

    (C) the three ancient trees, ancient trees, by spot checks once a year by the Administrative Department, the County (district) administrative departments of ancient and famous trees inspected once a year. Results of the regular inspection of ancient and famous trees, city and County (district) Administrative Department of ancient and famous trees should be the establishment of archives and record management.

    Problems found during the inspection shall take prompt measures to deal with.

    16th imposed protection management responsibility system of ancient and famous trees.

    (A) administrative departments of ancient and famous trees should be regularly signed with management responsibility unit, responsible for management responsibility, implementation of management responsibility of ramets, and an annual assessment of implementation and protecting liability, assessment results recorded in the archives.

    (B) management and protection responsibilities or responsibilities shall keep daily records of ancient and famous trees, each quarterly management reports to the administrative departments under the jurisdiction of the ancient and famous trees reported to fulfil management responsibilities and the growth of ancient and famous trees. (C) the ancient and famous trees overhead, borne by the management responsibility and liability.

    Ancient and famous trees protection unit in charge, responsible person in accordance with the regulations to fulfil management responsibilities, Administrative Department of ancient and famous trees should be regularly on the basis of the financial budget management on subsidies.

    (D) change of management responsibility, and protecting liability unit, responsible for administrative departments should be informed in advance of ancient and famous trees, ancient and famous trees should be carried out by the Administrative Department for the record, and with a new change of ancient and famous trees and protecting liability unit, responsible person signing the management responsibility.

    17th and protecting liability unit, responsible for administrative departments under the guidance of ancient and famous trees, fulfil the responsibility to protect ancient and famous trees in accordance with the following provisions:

    (A) in accordance with the administrative management of the Department of ancient and famous trees conservation management technical specifications to ensure their normal growth.

    (B) take measures to prevent natural disasters on the ancient tree and famous tree damage.

    (C) the ancient and famous trees brought about by pests or growing post-operatively, endangered when an exception occurs, and shall promptly report to the Administrative Department of ancient and famous trees, and assist administrative departments of ancient and famous trees in governance, emergency treatment and rejuvenation.

    (D) found to be in violation of these regulations provided damage behavior of ancient and famous trees should stop and report in a timely manner, and assist in the investigation and handling of Administrative Department of ancient and famous trees.

    (V) found valuable and old trees die, shall promptly report to and assist the administrative departments of ancient and famous trees in identifying causes and responsibilities, verified by the Administrative Department of ancient and famous trees, logging out, according to the ancient tree and famous tree programme submitted by the competent administrative Department for processing.

    Article 18th all units and individuals shall have the duty to protect valuable and old trees, damaged, corrupted, valuable and old trees, the right to stop, impeach and accuse.

    City, County (district) Government for the protection of ancient and famous trees have made outstanding contributions to the units and individuals shall award. 19th to encourage units and individuals donated protection or adopt a valuable and old trees.

    Donors and subscribers donated can dependants protection or adopt agreed in the ancient tree and famous tree sign enjoys right of authorship and naming rights. 20th construction project in the scope of protection of ancient and famous trees around, may impact the normal growth of ancient and famous trees, the construction unit shall develop collision avoidance protection programmes, subject to approval of the Administrative Department of ancient and famous trees and planning administrative departments may apply for the relevant planning procedures. Building and construction units should be in accordance with the approval of the Administrative Department of ancient and famous trees to avoid protection programmes to protect valuable and old trees.

    Administrative Department of ancient and famous trees should influence the growth of ancient and famous trees construction supervision, examination, suppression of growth behavior of ancient and famous trees.

    Article 21st impact, damages ancient trees grow production, operations, facilities or buildings, Administrative Department of ancient and famous trees shall order the owner or actual management within to take measures to eliminate effects and hazards.

    22nd due to public interest in transplantation of the ancient tree and famous tree that meets the following conditions, you can carry out transplantation procedures in accordance with relevant laws and regulations:

    (A) the construction of key projects cannot avoid, or to avoid high costs.

    (B) the transfer is feasible, transfer technology is mature.

    (C) the removal costs and maintenance costs have been implemented.

    (D) have signed compensation agreements with the tree owner.

    (E) the transplant construction units have the appropriate credentials.
(F) enter into a conservation agreement with the professional maintenance unit.

    Transplant level trees need approval of the provincial government, transplanted two ancient and famous trees and needed approval from the municipal government, transplanted three ancient trees need to be reported to the County (district) approved by the Government. Administrative Department of ancient and famous trees to transplant ancient and famous trees to guide and supervise the process. The ancient tree and famous tree transplant and after 5 years of maintenance by professional maintenance unit, for 5 years after the ancient and famous trees protection transfer dependency management of Administrative Department of ancient and famous trees.

    Death of ancient and famous trees resulting from the transplant, transplant units or transplant the construction unit shall be according to the value of compensation, compensation for financial departments of the surrender, and for the protection of ancient and famous trees.

    Article 23rd following damage to valuable and old trees and its affiliated facilities:

    (A) the transplant without authorization, logging, assignment, sale of valuable and old trees.

    (B) the tree broken branches, stripping damaged bark, picking fruits and seeds.

    (C) hanging in the trees, fixing, portrayal, winding the rope.

    (D) with the trunk as a support or scaffolding fixtures, trees.

    (E) in the context of protection of ancient and famous trees piling up material, digging soil and laying submerged pipelines, the use of open flame, emission of smoke, dumping of hazardous substances, construction of buildings and structures, laying a hardened cured floor.

    (F) protection of ancient and famous trees and protection of facilities damaged.

    (VII) other acts that damage to valuable and old trees.

    For the above acts causing damage or death of ancient and famous trees should be compensation by value.

    Article 24th acts in violation of these rules, provided for by laws and regulations from its provisions.

    25th article valuable and old trees and protecting liability unit and the responsible persons of the following acts in violation of these regulations, be warned, and in accordance with the following provisions:

    (A) management responsibility, responsibility, modification not performed ex ante obligation or does not report on a quarterly basis, by the Administrative Department of ancient and famous trees in a warning.

    (B) management unit in charge, responsible person is not required to fulfil management responsibilities, be ordered by the competent administrative Department of the ancient tree and famous tree correct within; it fails to mend, impose a fine of 1000 to 5000 Yuan.

    (C) protection and protecting liability unit, the person responsible is not responsibility, management of the technical specifications or in unusual circumstances does not report in a timely manner, resulting in death of the ancient tree and famous tree, fined 10,000 yuan to 30,000 yuan fine.

    26th article violates this article 23rd one of the prohibited acts, be ordered by the competent administrative Department of the ancient tree and famous tree to stop the illegal practice, and be punished in accordance with the following provisions:

    (A) tree broken branches, stripping damaged bark, picking fruits and seeds or hanging on the tree, nailing, portrayal, winding the rope, using trees as supports, fixtures, trees of scaffolding, and each fined 1000 Yuan and 3000 Yuan fine.

    (B) in the context of protection of ancient and famous trees piling up material, digging soil and laying submerged pipelines, the use of open flame, emission of smoke, dumping of hazardous materials, construction of buildings and structures, laying a hardened solidified ground, fined 10,000 yuan and 30,000 yuan fine.

    (C) the destruction of ancient and famous trees protection signs and facilities, in addition to the value of compensation, up to 5000 Yuan and 10,000 yuan fine.

    (D) Transplantation without authorization, logging, assignment, sale of valuable and old trees, and each fined 30,000 yuan and 50,000 yuan fine; resulting in injury or death of ancient and famous trees, in addition to the assessment twice times the value compensation, each fined 50,000 yuan and 100,000 yuan fine.

    27th construction projects are not taken to avoid protection or collision avoidance protection scheme without the valuable and old trees of Administrative Department, unauthorized construction, fined 20,000 yuan and 50,000 yuan fine; resulting in injury or death of ancient and famous trees, in addition to the assessment twice times the value compensation, each fined 50,000 yuan and 100,000 yuan fine.

    28th article violates these rules, and refuse or obstruct law enforcement personnel performing official business according to law, insults, beat officers, law enforcement personnel, in violation of security regulations, transferred to the public security organs in accordance with the law, the People's Republic of China Law on administrative penalties for public security penalties constitutes a crime, transferred to judicial organs for criminal responsibility shall be investigated according to law.

    29th a party refuses to accept the decision on administrative penalty law may initiate administrative reconsideration or administrative proceedings.

    30th of municipal and County (district) Administrative Department of ancient and famous trees staff due to dereliction of duty, abuse of power, favoritism and lead to injury or death of ancient and famous trees, shall be given administrative sanctions by the discipline inspection and supervision organs; if the case is serious enough to constitute a crime, criminal responsibility shall be investigated according to law. 31st article this way come into force February 1, 2013.