Administrative Measures For The Protection Of Ancient And Famous Trees In Nanjing And

Original Language Title: 南京市古树名木保护和管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201204/20120400367225.shtml

Administrative measures for the protection of ancient and famous trees in Nanjing and

    (October 20, 2011 No. 278, promulgated by the people's Government of Nanjing city as of November 1, 2011) first in order to strengthen the management and protection of ancient and famous trees, maintaining historical and cultural city style, ecological environment and promoting coordinated economic and social development, according to the State Council regulations on urban landscaping, urban green Management Ordinance and other laws and regulations, combined with the city's actual, 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 the trees over 100 years old, famous and is a rare and precious trees, as well as with the historical and cultural value, memorable and important scientific value of trees.

Fourth municipal administrative departments in charge of landscaping within the administrative area of the city of ancient and famous trees conservation and management, County (district) landscape administrative departments responsible for accomplishment of ancient and famous trees conservation and management.

    Planning, housing and construction, water conservancy, transportation, environmental protection, cultural relics departments in accordance with their respective responsibilities, to assist in the ancient and famous trees conservation and management.

    Fifth of municipal people's Government development of the ancient and famous trees conservation planning, arranging funding for management and protection of ancient and famous trees.

Sixth to encourage units and individuals donated protection, adopt a valuable and old trees.

    Achievements for the protection of ancient and famous trees of unit or individual, city, County (district) people's Government and the Department of landscape Administration give recognition and rewards. Article valuable and old trees are divided into tier I and Tier II.

    More than 300 years old, or rare, is of great historical value and memorable, important scientific value of wood, as the level of valuable and old trees; the remaining two valuable and old trees.

    Article valuable and old trees identified by the municipal Administrative Department for landscaping, the municipal people's Government, and submitted to the provincial administrative departments.

Nineth following valuable and old trees, and landscaping by administrative departments shall be determined in accordance with the maintenance person responsible:

(A) in the urban landscape of professional conservation management management of green areas, the unit for maintenance responsibility;

(B) in the nature reserves, scenic spots, parks, the park management unit for the conservation of the responsible person;

(C) in offices, schools, military units, organizations, enterprises and institutions as well as cultural units, units within the land of temples, the unit for maintenance responsibility;

(D) in roads, railways, rivers and reservoirs within the land, road, railway, River, reservoir management unit for the conservation of the responsible person;

(E) in the living area, implementation of property management, property management service for maintenance responsibility; implementation of property management, the subdistrict office (town) for maintenance responsibility;

(Vi) on rural collective land, land contracting people, people of Homestead conservation responsible; land tenure has not been determined, the village (neighborhood), Commission for the conservation of the responsible person;

(G) in the courtyard of the individual ownership artificial maintenance responsibility;

(VIII) other valuable and old trees, designated by the Administrative Department of landscaping maintenance responsibility.

    Units or individuals responsible for the conservation of ancient and famous trees have identified objects, may apply to the Administrative Department for landscaping review. Article garden administrative departments should sign maintenance responsibility and maintenance responsibility, clear conservation responsibilities and obligations.

    Change responsible for the conservation of ancient and famous trees, should sign a new maintenance responsibility.

11th landscape administrative departments should develop technical specifications for conservation of ancient and famous trees, free business training and guidance on a regular basis. Maintenance responsibilities shall, in accordance with maintenance technical specifications, routine maintenance and management of ancient trees and bear the costs of maintenance.

Delegate to the conservation and maintenance costs borne by the client.

    There is difficulty in maintenance costs to be borne, may apply to the Administrative Department for landscaping maintenance assistance.

12th landscape Administrative Department of ancient and famous trees of census registration, photo number, State Library, announced on a regular basis. Landscape protection of ancient and famous trees should be established by the Administrative Department logo.

    Protection shall be indicated in the tree number, name, level of protection, conservation, responsibility, supervision and service calls, and so on.

    13th landscape administrative departments shall organize and conduct scientific research of the ancient tree and famous tree, promote the use of research results, step up publicity and education, popularize protection knowledge, improve the level of protection and management. Article 14th landscape Administrative Department shall, jointly with the competent administrative Department of planning, delineation of the scope of protection of ancient and famous trees.

    Scope of protection not less than five metres outside the vertical projection of the Crown. 15th found victims of ancient and famous trees or grow weak, maintenance responsibilities shall report immediately to the Administrative Department for landscaping.

Landscape administrative departments shall organize a rescue, and rejuvenation. Death discovery of ancient and famous trees conservation responsibilities shall report immediately to the Administrative Department for landscaping. Landscape Administrative Department shall promptly verify the reasons, with clearly defined responsibilities, to be cancelled.

    Without verifying the cancellation, it may not deal with valuable and old trees.

16th landscape administrative departments should be of the ancient tree and famous tree growth and periodic supervision and inspection on maintenance.

    Level inspections once every three months at least ancient and famous trees, old trees in the secondary inspection at least every six months.

17th against the following damage behavior of the ancient tree and famous tree:

(A) deforestation;

(B) unauthorized transplants, pruning;

(C) depict the nails, post hanging on the tree, winding the rope, climbing tree, broken branches, stripping damaged bark, picking fruit or seed damage growth;

(D) in the context of protecting stacked materials, digging soil, build facilities, laying pipelines, the use of open fires, flue and the dumping of toxic and hazardous substances;

(E) using tree construction for support or fixtures;

    (Vi) other acts that damage the growth of ancient and famous trees.

    18th production, life of waste water, waste gas and waste residue, such as against the growth of ancient and famous trees conservation responsibility should stop, and promptly report to the Administrative Department for landscaping. 19th project site site involving valuable and old trees, the construction unit shall develop collision avoidance or protection programme, Administrative Department of landscaping review and in accordance with the approved protection scheme of avoiding or construction.

Adopted without a review or not to review, the construction unit shall not commence construction.

    Landscape administrative departments when reviewing the avoidance or the protection programme, experts should be organized.

    20th when planning administrative departments for planning permission procedures, involving valuable and old trees, landscape views of the executive authorities shall be solicited.

Article 21st of the following circumstances, you can transplant valuable and old trees:

(A) the original growth environment is not suitable for valuable and old trees continue to grow, which can lead to death of the ancient tree and famous tree;

(B) the construction of key projects cannot be avoided;

(C) for scientific research and other special needs;

    (D) growing conditions may cause harm to the life and property safety of the public, and take protective measures still cannot be eliminated.

22nd transplant valuable and old trees, shall comply with the following conditions and transplantation application to landscape administrative departments:

(A) the transplantation programme;

(B) move into the maintenance responsibility letter issued by units or individuals;

(C) by the conservation unit transplants have appropriate professional qualifications;

    (D) migration cost of ancient and famous trees, ancient and famous trees compensation cost recovery within five years, maintenance cost have applied by transplants place.

Article 23rd landscape Administrative Department shall, after accepting the transplant applications, organize relevant experts on the feasibility of the graft to demonstrate, to the public and to solicit public comment.

    Landscape of transplantation of examination and approval by the Administrative Department, submitted to the municipal people's Government for approval; don't agree to transplants, shall inform the applicant in writing and state the reasons.

24th article of any units and individuals have the obligation to protect ancient and famous trees and their subsidiary facilities, damage, destruction of ancient and famous trees and their subsidiary facilities, to discourage and report.

    Competent administrative departments shall establish a reporting system for landscaping, published reports, complaints and reports.

25th article violates these rules, and by the Administrative Department for landscaping or the delegate penalties:

(A) responsible for the conservation of ancient and famous trees is not in accordance with the technical specifications for maintenance requirements of daily maintenance and management, resulting in damage of ancient and famous trees, correction and landscaping under the guidance of the competent administrative department take appropriate measures who refuses to take rescue measures and fined 1000 Yuan and 5,000 yuan fine;

(B) the construction units have not been developed to avoid or protect programme, or construction without the permission of the review of the programme, or not in accordance with the approved programme of construction, rectification, and fined 10,000 yuan and 30,000 yuan fines;

(C) without verifying the cancellation without treatment death of ancient and famous trees, fined 2000 Yuan and 5,000 yuan fines;

    (D) cutting, without authorization, transplantation, as well as other damages ancient trees or resulting in death of the ancient tree and famous tree, in accordance with the provisions of the regulations on the management of urban greening.

    26th landscape administrative departments and their functionaries, malpractice, neglect their duties, shall be given administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.

    27th trees under 80 years old to 100 years of age, and can potentiall resource management and protection in accordance with the measures, and the specific measures formulated by the competent administrative Department of urban landscaping, submitted to the municipal people's Government.

    28th article this approach is known as the "upper" contains this number, called "the following" does not contain this number. 29th these measures come into force on November 1, 2011.