Advanced Search

Beijing Focused On The Protection Of Terrestrial Wildlife Damage Compensation

Original Language Title: 北京市重点保护陆生野生动物造成损失补偿办法

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

The focus of the city of Beijing on the protection of the loss of the land wildlife

(Adopted by the 26th ordinary meeting of the Government of Beijing, 20 January 2009, No. 211 of the Beijing People's Government Order No. 211 of 2 February 2009)

Article 1 establishes this approach in accordance with the People's Republic of China Wildlife Protection Act and the National People's Republic of China's Land Wildlife Protection Regulations.

Article 2 provides for compensation in accordance with this scheme for units and individuals who have been damaged by land-based wildlife determined to be compensated by this city (hereinafter referred to as wildlife).

The above-mentioned paragraph defines the scope of wildlife granted compensation, which is determined by the authorities of the Greenization of Municipal Parks and made public available to the community in accordance with the National and Beni City's “focused protection of land wildlife”.

Article 3

The forest administration authorities in the area (zone) are responsible for the determination, verification and compensation of losses caused by wildlife in the present administration.

The Government of the commune (communes) and the street offices should be able to investigate losses caused by wildlife, and the Villagers' Commission and the Residential Commission cooperate with them.

Article IV. Governments of the urban and district (zone) should include provisions such as the prevention of damage caused by wildlife, awareness training and compensation for loss in the current financial budget.

Reimbursement for loss of property caused by wildlife is the financial burden of the area (zone). Large-scale wildlife damage resulted in higher amounts of property losses, and the city-level finance provided adequate subsidies to the relevant areas (zone).

Article 5

(i) Organizing research on relevant wildlife species resources and developing preventive measures;

(ii) The establishment of a warning card, the issuance of a brochure, the use of television, radio, newspapers and legal regulations and protection knowledge for wildlife protection;

(iii) Organizing training on elements such as wildlife biomass and protective technologies;

(iv) Research and integrated use of engineering technologies and biotechnology that may result in loss of wildlife.

In units and individuals that take effective protection measures, the forest administration authorities and district(s) forest administration authorities should be supported.

Article 6. The parties found that wildlife caused the destruction of crops, the injury or death of a ultry livestock, and that compensation requests should be submitted to local communes (communes) or street offices within five working days.

An application for compensation by the parties should be completed and submitted to the following materials:

(i) A description of the underlying circumstances of the type, quantity and location of the loss;

(ii) Evidence material on the location of property loss;

(iii) Evidence material for preventive measures.

Article 7 communes (communes) that receive compensation requests, or street offices, should be surveyed within three working days; loss surveys are clear, initial responses should be made and, within five working days, they are presented to the forest administration authorities in the area (zone).

Article 8. Upon receipt of the request for information by the forest administration authorities in the area (the district) shall be promptly verified, with respect to the provision of compensation or non-requirements within 10 working days, as well as the presentation of the views on the site of the villagers' committees, the resident councils on the ground of the events.

During the demonstration period, there was an objection to the content, which could be presented to the forest administration authorities in the region (at the district) or to the municipal parking greener administrative authorities. Regional (zone) forestry administrative authorities or municipal parking greener administrative authorities should conduct prompt investigations; and, where necessary, reorganized investigations.

The demonstration expires without objection, and a compensation decision was taken by the forest administration authorities in the area of damage to the events (the district) and a one-time payment to the applicant.

Article 9. Reimbursement for loss of property by wildlife, based on preventive measures, shall be calculated according to the following provisions:

(i) The loss of agricultural crops, calculated at average market prices for the certified loss and the current area (areas) in the previous year, to compensate for the full loss of 60 to 80 per cent;

(ii) Injured livestock in the home, 50% to 70 per cent of the actual rate of treatment incurred, with the highest amount not exceeding 50 per cent of the value of the ultry livestock of the group;

(iii) Deaths of poultry livestock, which are based on market prices at the time of avian livestock, and compensation for the total loss of 60 to 80 per cent.

Article 10 causes loss due to the protection of land-based wildlife, resulting in difficulties in family life, which can be sought by law to the local civil affairs sector. In accordance with the conditions of social assistance, the local civil affairs sector should receive assistance in due course.

Article 11. The financial, audit and inspectorate sectors should enhance oversight of the use of work funds such as compensation for losses caused by wild animals, survey tests, advocacy training, prevention and control.

Article 12 Staff of the State violates the provisions of this approach by providing administrative disposal by their competent authorities or by the inspectorate; by the alleged offence, by transferring the judiciary to the judicial body in accordance with the law:

(i) Disadvantages, delays, failure to investigate damage caused by wild animals by prescribed time limits or to pay compensation;

(ii) Instruction in private fraud and help others to report and take advantage of payment;

(iii) Infraction, negligence, resulting in the risk of compensation;

(iv) The misappropriation of compensation payments.

Article 13. Restatements, instigation of compensation charges, are warned by the authorities of the zones (at the district) of the forestry administration, which is a crime, and are held criminally by law.

The parties refused to return, and the Government of the local commune (commune) or the street offices were responsible for recovery.

Article 14. Wildlife caused bodily injury and was duly compensated by the municipal parking greener administrative authorities in the light of the provisions of the scheme.

Article 15. This approach has been implemented effective 1 April 2009.