Administrative Measures For The Protection Of Ancient And Famous Trees In Hubei Province

Original Language Title: 湖北省古树名木保护管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264108.shtml

Administrative measures for the protection of ancient and famous trees in Hubei Province

    (May 17, 2010 Executive meeting consideration of Hubei Province on May 31, 2010 No. 336, promulgated by the people's Government of Hubei Province as of August 1, 2010) Chapter I General provisions

    First to strengthen the protection of ancient and famous trees, promoting the construction of ecological civilization and the coordinated economic and social development, according to the People's Republic of China Forestry Act, regulations on urban landscaping and other provisions of laws and administrative regulations, combined with the province, these measures are formulated.

    Article of ancient trees in these measures refers to the trees in more than 100 years old; call famous, refers to the rare and valuable tree species or has important historical, cultural or scientific value and significant commemorative trees.

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

    Fourth Committee on greening the people's Governments above the county level shall be responsible for the protection of ancient and famous trees in the area managed to organize and coordinate work. Forestry administrative departments of the people's Governments above the county level shall be responsible for the protection of ancient and famous trees in the Pro RC management, urban green city people's Government urban planning area in the administrative departments in charge of the area of the ancient and famous trees protection and management (hereinafter "the competent administrative Department of the ancient tree and famous tree").

    Finance, planning, construction, environmental protection, tourism, culture and other related departments in their respective areas of responsibility within the collaborative work of ancient and famous trees conservation and management.

    Article management follows the principle of territoriality for the protection of ancient and famous trees, professional protection and public protection combining the principle of combining, regular maintenance and routine maintenance. Sixth people's Governments at various levels shall strengthen the publicity and education on protection of ancient and famous trees, encourage and support the protection of ancient and famous trees in scientific research.

    On protection of ancient and famous trees, education and scientific research in outstanding units and individuals, the people's Governments above the county level shall give awards to reward.

    Article seventh all units and individuals have the obligation to protect valuable and old trees, and must not harm the old trees in and of themselves, damage to valuable and old trees have criticism, discouragement and reporting rights.

    Chapter II survey

    Eighth above the county level administrative departments of ancient and famous trees should be carried out within the jurisdiction of the ancient tree and famous tree resources, establishment of resource files; the concentration of ancient and famous trees community, establishment of ancient and famous trees protection area; the registration of scattered of valuable and old trees, photographed, numbered.

    Units and individuals to report to the Administrative Department of ancient and famous trees of valuable and old trees have been registered, administrative departments should establish resource files in a timely manner.

    Article ancient three-level protection:

    (A) age in more than 500 years of published by the provincial people's Government exercise level protection;

    (B) age between 300 and 499 years published by the municipal people's Government to implement secondary protection;

    (C) 100 to 299 years old three-level protection announced by the people's Governments at the county level.

    Ancient and famous trees by the provincial Department of forestry administration organization for the harmonization of identification.

    Of the ancient tree and famous tree identification standards and procedures developed by the provincial forestry administrative departments.

    Chapter III protection and management

    Tenth people's Governments above the county level shall incorporate protection of ancient and famous trees resources into the budget at the same level. Daily maintenance cost by the ancient and famous trees conservation responsibilities or responsibilities to bear.

    Provincial, municipal and county-level people's Governments respectively to level the protection of ancient and famous trees and wood, II the conservation of old trees, level three maintenance responsibility of conserving valuable and old trees or responsibility for providing proper assistance.

    11th provincial forestry administrative departments shall develop technical specifications for conservation of ancient and famous trees.

    Ancient trees in administrative departments should strengthen the technical specification of ancient and famous trees conservation information, training, mentoring, maintenance responsibility unit and the responsible person.

    12th old trees in the county level administrative departments and conservation responsible or responsible person signing maintenance responsibility, identifying maintenance responsibilities and requirements, and registration and public notice.

    Change of ancient and famous trees conservation responsible or responsible person, shall be submitted to the county administrative departments of ancient and famous trees upon confirmation, handling maintenance responsibility transfer.

    13th conservation units, or responsible persons shall be determined in accordance with the following:

    (A) growing in organs, groups, armed forces, enterprises, institutions, cultural relics protection units within the land, the unit for the conservation units; introduction of property management, property management companies for the conservation units;

    (B) the growth in rail, road, River Dam and reservoir lakes within the Canal lands, rail, road and water project management unit for the conservation units;

    (C) growth in the urban planning area of public green space, production, protection of green space on the streets of green spaces, roads, urban landscape management units for maintenance units;

    (Iv) growth in the forestry nursery, forest parks and scenic, nature reserves, nature conservation community, as well as other forestry lands, institutions for the conservation of the Park's management responsibilities;

    (V) growth in residential areas of the town or residents within the courtyard, owners of property management enterprises or neighborhood offices for conservation units;

    (Vi) grew up in rural land contracting (including cropland, woodland, grassland, and other agricultural land according to law) on, the contractor for the maintenance responsibility;

    (VII) grew up in houses of rural residents, the residents ' conservation responsible;

    (VIII) other growth in the rural areas, conservation on a clear personal responsibility of people with reduced mobility, the villagers ' committees or villager groups as conservation units.

    Maintenance responsible or responsible person cannot be determined from old trees old trees in the county administrative departments responsible for coordinating identification. 14th ancient trees established by the people's Governments at the County protection.

    Protect brand name shall be indicated in the ancient and famous trees, scientific name, scientific name, age, level of protection, serial number and conservation responsible or responsible person and so on.

    Donated, adopted the ancient and famous trees of units and individuals can enjoy protection of ancient and famous trees in a certain period of authorship.

    15th maintenance responsibility unit and the responsible person should effectively carry out maintenance responsibilities, in accordance with relevant State regulations and technical norms for conservation of valuable and old trees.

    16th prohibits damage valuable and old trees of the following behavior:

    (A) characterization of nails, winding wire ropes, climbing trees broken branches, stripping damaged bark, ground-breaking injury;

    (B) the use, trunk for support or flying objects;

    (C) in the vertical projection of the Crown within the pit to get soil and flood-stained or sealed surface, the use of open fires, dumping of hazardous waste waste, pipe laying and wiring, construction of temporary or permanent buildings;

    (D) cutting;

    (E) the illegal sale of such transfer;

    (Vi) other harmful actions.

    17th against transplantation of valuable and old trees, except for State key projects.

    To transplant due to key State projects, transplantation programmes should ask the Administrative Department of ancient and famous trees, agreed that the costs borne by the employer. 18th County level people's Governments in ancient trees or scope of communities around the protection of ancient and famous trees, setting protection or protection flags, protection of ancient and famous trees growing conditions.

    On the construction of ancient trees growth production and living facilities, the old trees in the county administrative authorities shall order the relevant units, individual deadline to take measures to eliminate the hazards.

    Without authorization, no unit or individual is allowed to move, change, damage protection or protection flags.

    19th construction project impact the normal growth of ancient and famous trees, geological hazards and protective measures should be taken.

    Article 20th ancient tree and famous tree pests and diseases, human damage suffered or nature such as lightning damage, there is a clear growth weakness, symptoms of endangered, conservation unit in charge or responsible person shall promptly report to the county administrative departments of ancient and famous trees, ancient trees in Administrative Department shall, within 5 working days after receipt of the report to take rescue, governance or rejuvenation. Article 21st death of ancient and famous trees conservation responsibilities or responsible person shall promptly report to the county administrative departments of ancient and famous trees.

    No unit or individual may unlawfully without administrative authorities confirmed the death of ancient and famous trees of ancient trees. Administrative Department of ancient and famous trees shall, within 10 working days after receipt of the report of investigation, verification, identify the reasons and responsibilities.

    Confirmed dead, to be cancelled, and submitted to the next higher administrative departments for the record.

    The fourth chapter legal liability

    22nd article in violation of these regulations, laws, regulations, penalties, from its provisions not provided for, in accordance with the provisions of that approach.

    23rd violates the provisions of article 15th, be ordered by the Administrative Department of ancient and famous trees conservation unit in charge or responsible person rectify causing damage or death of ancient and famous trees, compensation according to law. 24th article violation this approach 16th article provides of, by ancient tree name wood administrative competent sector on illegal who for criticism education, ordered its deadline corrected, plot minor of, and at 100 Yuan above 1000 Yuan following fine; serious damage level protection ancient tree and name wood of, by each strains and at 10,000 yuan above 30,000 yuan following fine, serious damage two level protection ancient tree of, by each strains and at 5,000 yuan above 20,000 yuan following fine, serious damage three level protection ancient tree of, by each strains and at 1000 Yuan above 10,000 yuan following fine

    Constitutes a crime, criminal responsibility shall be investigated according to law.

    25th in violation of paragraph one of this article 17th, illegal transplants cause destruction of ancient and famous trees, damages shall be; by the competent administrative Department of the ancient tree and famous tree shall be ordered to desist from the illegal act and fined a maximum of 20,000 yuan and 30,000 yuan constitutes a crime, criminal responsibility shall be investigated according to law.

    26th in violation of the provisions of the second paragraph of article 18th, by the ancient tree and famous tree administrative authorities shall order the restitution offenders deadline; fails to recover, by the competent administrative Department of the ancient tree and famous tree recovery, the cost paid by the offender. 27th in violation of the provisions of article 19th, by the ancient tree and famous tree the competent administrative authority shall order the employer to correct within, and removal of obstacles.
Damage to the ancient tree and famous tree, punished in accordance with relevant provisions in these procedures.

    28th disobey article 20th, due to conservation unit in charge or responsible person who fails to report in a timely manner, resulting in injury or the death of ancient and famous trees, compensation according to law and by the Administrative Department of ancient and famous trees based on ancient and famous trees recover their damaged part or all of the maintenance grant.

    Article 29th Administrative Department staff in the ancient and famous trees protection of ancient and famous trees in the management of abuse, malpractice, negligence, by their work units or by the competent authorities shall be given administrative sanctions in serious cases, constitute a crime, criminal responsibility shall be investigated according to law.

    The fifth chapter by-laws

    Article 30th in more than 80 years old potentiall resource management can be performed in accordance with the measures of protection. 31st article this way come into force on August 1, 2010.