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Wuhan Basic Ecological Management Regulations

Original Language Title: 武汉市基本生态控制线管理规定

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Regulation of basic ecological control line management in the city of Vavhan

(Summit 4th ordinary meeting of the Government of the Republic of Vilhan on 20 February 2012 to consider the adoption of Decree No. 224 of 16 March 2012 concerning the application of 1 May 2012.

Chapter I General

Article 1, in order to strengthen ecological environmental protection, prevent the spread of urban construction and promote sustainable economic, social and ecological harmony, and develop this provision in line with the relevant laws, regulations and regulations.

Article 2

The basic ecological control line referred to in this provision refers to the range of ecological protections that are defined in accordance with this provision.

The scope of ecological protection referred to in the previous paragraph refers to functionalities such as the protection of urban ecology, the preservation of the overall ecological framework of cities, and ensuring ecological safety in cities, which require protection, including ecological bottom lines and ecological development areas.

Article 3. The Government of the city has established a coordination mechanism for the management of basic ecological control lines to coordinate the identification, adaptation and management of basic ecological control lines.

The Governments of the various sectors (including the development areas, the landscapes, the management of the zones, etc.) are the subject of responsibility to maintain their management of the integrity of the basic ecological control line in the region, in accordance with the relevant laws, regulations and regulations, to coordinate the work of the authorities in the area of law-making, the investigation of the land in conflict with the basic ecological control line, and to organize the implementation of ecological protection, village relocation and centralized construction, and clean-up of the construction projects.

Article IV. Planning, land, development reform, urban integrated law enforcement, environmental protection, forestry, parking, water, agriculture, artisanals, etc. The relevant administrative authorities shall, in accordance with their respective responsibilities, be guided by the following provisions:

(i) Planning the administrative authorities to organize the development of a programme for the demarcation and adaptation of the basic ecological control line and to implement planning for construction projects within the basic ecological control line in accordance with the law.

(ii) The land administration authorities are responsible for the regulation of land within the basic ecological control line by law, the recovery of land within the basic ecological control line and the identification of illegal land within the basic ecological control line.

(iii) The development reform sector is responsible for project investment management within the basic ecological control line.

(iv) The integrated urban management law enforcement component is responsible for investigating violations under the basic ecological control line by law, enhancing the conduct of investigations and preventing new violations within the basic ecological control line.

(v) Environmental administration authorities are responsible for environmental impact evaluation, environmental monitoring within the basic ecological control line, and for monitoring in accordance with the law of environmental violations, including emissions of pollutants in the basic ecological control line in the overall control of pollutant emissions across the city and reducing pollution burdens within the basic ecological control line.

(vi) The forest, parking administration authorities are responsible for the protection and management of forests, forestland, greenland, natural protected areas, in accordance with the planning requirements of the basic ecological control line, the organization of greening and the commission of offences under the law.

(vii) The administrative authorities, such as water, agriculture, material and property, are responsible for strengthening monitoring and management of water, farmland, artefacts, etc. within the basic ecological control line, and for investigating offences under the law.

Article 5 encourages citizens, legal persons and other organizations to engage in ecological protection activities to report violations of this provision.

Chapter II

Article 6. The basic ecological control line should be determined in accordance with the overall planning and ecological framework protection planning of the city of Vilhan, where the following regions should be classified as the ecological bottom area and other regions are classified as ecological development areas:

(i) At the level of drinking water sources, at the secondary level, in the core areas of the landscape, the forest park and the peripheral park, the natural protected areas;

(ii) Rivers, lakes, water banks, wetlands, important urban steriles and their scope of protection;

(iii) Beaching greater than 16 mountains and their scope of protection;

(iv) Highway, rapid road, rail and protective greenfields for major municipal utilities;

(v) Other areas such as the maintenance of ecosystem integrity require strict protection of basic agricultural fields, forestland, ecological greening core areas, ecologism.

Article 7

(i) The establishment of a basic ecological control line delineation programme by municipal planning authorities;

(ii) The delineation programme should seek the views of the relevant sectors of the Government of the city and the peoples of the various sectors, take a demonstration, hearing or other means to seek expert and public advice and to inform society. Not less than 30 days of the demonstration;

(iii) The delineation programme has been refined by the municipal planning administrative authorities on the basis of the relevant advice, which was adopted by the Urban Planning Committee and approved by the Government of the city;

(iv) The basic ecological control line should be published on the main media and government websites in the city within 15 days of the date of ratification.

The basic ecological control line approved should be presented to the Standing Committee of the People's Congress.

Article 8 shall be governed by the principle of non-reducing, balancing and ecological functions, in accordance with the following procedures, in accordance with the following procedures:

(i) The municipal planning authorities, in accordance with national, provincial and municipal major construction project-related approval documents or post-adjusted planning, validate the need for amendments and organize, with the consent of the city's people, basic ecological control line adjustments programmes;

(ii) Adjustment programmes should seek the views of the relevant sectors of the Government of the city, the people of the region concerned, and the persons responsible for the planning of the land, to obtain expert and public opinions, to the extent that they are heard, or otherwise, and to inform society. Not less than 30 days of the demonstration;

(iii) The adjustment programme, which was refined by the municipal planning administrations on the basis of the relevant advice, was adopted by the Committee on Planning and submitted to the Government for approval;

(iv) Adjustment programmes should be made available on the main media and government websites in the city within 15 days of the date of ratification.

The approved basic ecological control line adjustment programme should be presented to the Standing Committee of the People's Congress.

Chapter III Monitoring and management

Article 9, in addition to the following projects, prohibits the construction of other projects in the ecologically bottom area:

(i) The systematic impact, the establishment of road transport facilities and municipal utilities facilities;

(ii) Ecological agricultural facilities;

(iii) The park's greenfield and the necessary wind library facilities;

(iv) Special-purpose facilities, such as military, confidentiality, are required.

Article 10 prohibits the construction of other projects in the ecological development area, in addition to the following projects:

(i) The construction of projects under article 9;

(ii) Accompanied tourist reception and services facilities in the landscape, wetlands parks, forest parks, peripheral parks;

(iii) Ecological leisure leave projects;

(iv) The necessary agricultural production and rural livelihoods, services facilities;

(v) The necessary public service facilities;

(vi) Other planning administrative authorities will be incompatible with ecological protection, low resource consumption and environmental impact, with approval by the Government of the urban population of projects that are agreed to.

Article 11 projects to be constructed within the basic ecological control line should serve as an environmental impact evaluation and a planning address for projects that may have significant environmental impacts. Prior to the approval of the choice site, social statements should be made, not less than 30 days.

Article 12. Construction projects within the basic ecological control line should be guided by the principles of environmental ecology in the construction process and meet planning requirements for low intensity and low density, with specific planning management technical requirements being developed by municipal planning authorities.

The types of projects that have been established by law within the basic ecological control line should be addressed in accordance with the degree of ecological impact, respectively:

(i) Homes and their accompanying facilities, as well as pollutant emissions Daes and projects that have no adverse impacts on ecological protection, may be retained in accordance with the status quo and the current purpose;

(ii) Projects that have adverse impacts on ecological protection, leading to the transformation and industrial transformation of the rights concerned and moving towards appropriate purposes that are not incompatible with ecological protection;

(iii) Projects that are not in compliance with environmental protection, water conservation, soil maintenance, regulations, regulations and related standards and normative requirements, which are modified by the relevant administrative authorities, such as environmental protection, water services, in accordance with their respective responsibilities, and which are not restructured or modified to the extent that the relevant licences are cancelled by law.

Article 14. Construction projects that have been approved in the context of the basic ecological control line prior to the implementation of this provision, but have not yet been started, should be converted to low-resource consumption, environmental impacts, and strict control over the strength and functionality of development; and to the construction of government land reserves that are not in accordance with article 9, paragraph 10, of this provision should be replaced with planning outside the basic ecological control line or government land reserves.

Article 15. Current projects in the context of the basic ecological control line may not be taken into account in the relevant sectors and are addressed in accordance with the relevant legislation, regulations and the relevant provisions of the law.

Article 16, the Government of the city and the people of the region should develop a policy that encourages the relocation and centralization of former rural dwellers within the basic ecological control line, and the implementation of programmes by the people of the region and the progressive organization of implementation.

In addition to the historical cultural village or other special villages where it is required to retain, the rural dwellers in the ecologicallydeline area should be gradually constructed outside the ecologically bottom line area, with the rehabilitation of ecological functions. In accordance with the planning requirement for the retention of historical cultural names or other special villages, it should be guided by the principle of territorial size, scale-building, strict control of the high, density and quantity of buildings and the development of detailed planning, with approval by the municipal planning authorities, following the approval of the announcements with the relevant sectors.

The rural dwellers in the ecological development area are encouraged to carry out differentiations outside the basic ecological control line, which is required to build in the ecological development area and should be concentrated in accordance with planning requirements.

Article 17 Governments should clean up the various existing projects within the framework of the basic ecological control line of the city, as requested by the Government of the city, and organize implementation after approval by the Government of the city, in accordance with the results of the classification disposal programme.

Article 18 The municipalities and the peoples of the region should step up the development of enabling policies to establish an ecological compensation mechanism, in accordance with the principle of combining reparations and development, and to provide reasonable compensation to units and individuals whose legitimate interests have been lost due to the assumption of ecological protection responsibilities.

Chapter IV Legal responsibility

Article 19 violates the provision of unlawful construction within the basic ecological control line, which is dealt with by the relevant administrative authorities in accordance with the relevant laws, regulations and the relevant provisions of I'a law-building; constitutes an offence punishable by law.

Article 20 consists of one of the following acts by the executive branch and its staff, and administrative disposition by the competent leadership and the direct responsible person in accordance with the law; and criminal accountability by law:

(i) No basic ecological control line is delineated or adapted by law;

(ii) ultra vires approval, violation of planning and other violations;

(iii) Inadequate and disposable of violations within the basic ecological control line;

(iv) The failure to fulfil existing project disposal responsibilities within the basic ecological control line, as required by this provision;

(v) Other omissions, provocative fraud, abuse of power have resulted in damage to the ecological environment.

Chapter V

Article 21 sets out the basic ecological control line and its scope map as part of this provision with equal legal effect.

Article 2 provides stricter provisions for production-building activities within the basic ecological control line, for example, articles, water, forestland, greenlands, wetlands and the protection of natural protected areas.

Article 23 The municipal planning authorities should establish specific enforcement rules in accordance with this provision.