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Chongqing "four" Development And Construction Control

Original Language Title: 重庆市“四山”地区开发建设管制规定

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(Adopted at the 97th ordinary meeting of the Government of the Great Socialist People's Republic of 26 March 2007, No. 204 of the Order of the Government of the Republic of China of 4 April 2007 for publication, effective 1 May 2007)

Article 1, in order to effectively protect the habitat, the Slumb, the forests in the area of the Bandung, the Green Land resources, and to improve the urban ecological environment, which is based on the relevant laws, regulations and regulations.
Article 2 provides for the development, construction and management of various types of development, construction and management activities in the city's administration region, razing, copper trajectory, and mountain areas (hereinafter referred to as “four mountain areas”).
Article 3 regulates the various development and construction activities in the “Toka” region.
The development control in the Four-Water region is guided by the principles of ecological environmental protection and the need for economic development.
The area of “four mountains” is divided into prohibited areas, priority zone and general control zones, with strict control, focus control and general control over development activities in the regions.
Article IV provides for the harmonization of planning controls in the area of “four mountains”.
The relevant administrative authorities, such as municipal land, forestry, parking, environmental protection, construction and water conservation, are responsible for the development of controls in the area of “four mountains”.
The Government of the communes involved in the area of Article 5 “four mountains” and its relevant authorities should be co-ordinated with the development of construction control in the area of “four mountains”.
Article 6. The municipal planning authorities shall prepare regulatory planning for the development of the four-hazard areas with the municipal land, forestry, parking, environmental protection, construction, water, material, tourism and the relevant territorial governments, report on the approval of the city's Government and make public information available to the community.
The development of regulatory planning in the area of “four mountains” should clarify the specific scope and specific control requirements for the establishment, priority area and general control zones.
The following areas in Article 7, “Toka”, are prohibited:
(i) The core areas and buffer zones of natural protected areas;
(ii) The core landscape area of the landscape;
(iii) The ecological protected areas of the forest park;
(iv) Protected areas at the source of drinking water;
(v) The State's focus on protecting the habitat of wildlife and its trajectory;
(vi) Scope of protection of the physical protection unit;
(vii) Forest intensive areas;
(viii) Separation of urban groups;
(ix) Other regions that need to be prohibited for the development of construction in the context of protection, rehabilitation of the ecological environment and natural landscapes.
The following areas in Article 8 “Space” are focused on the area of control:
(i) The experimental area of natural protected areas and the subsidiaries of protected areas;
(ii) A general landscape area of the landscape;
(iii) Secondary protected areas for drinking water sources;
(iv) The existing forest areas, green areas;
(v) Other regions where development is built, with a focus on the protection, rehabilitation of the ecological environment and natural landscapes.
Article IX, “Space” areas, in addition to the area of protection of the ecological environment and natural landscapes, need to be restricted to the development of the development-building area.
Article 10 prohibits all types of development-building activities in the area of construction, except:
(i) Risk-taking;
(ii) The construction of homes by villagers;
(iii) Major infrastructures such as roads, railways, terminals, bridges, electricity lines, communication lines, gas (oil) pipelines, hydro-engineering and the necessary subsidiary facilities;
(iv) Construction of military facilities;
(v) Major public interest project construction;
(vi) Construction of the need for ecological environmental protection, the protection of wind-based resources and the protection of cultural property.
Legal, regulatory and regulatory controls over the construction of a given region are stricter than the provisions of the preceding paragraph.
Article 11. The priority area prohibits the following development activities:
(i) The opening, quantification and construction of graves;
(ii) The opening of mines (except the acquisition of mining licences by law);
(iii) Property development in the housing category;
(iv) New construction, expansion of industrial projects;
(v) New construction, expansion of office buildings, guests, hospitality, training centres, therapy homes, etc., except for tourism development projects approved by the Government of the city;
(vi) Other development activities that undermine ecological environment and natural landscapes.
Article 12 General control zones prohibits development activities that undermine the ecological environment and natural landscape.
Article 13 prohibits the construction, removal or relocation of enterprises and facilities that are already in a significant pollution environment in the priority area and in the general area of control, and which seriously affect the physical landscape.
Construction projects that are consistent with the provisions of the law, regulations and the general area of control are subject to strict control over the size, quantity and construction.
The land-use criteria and the scale of construction in the area of the prohibition of construction, the focus on the construction of the construction area and the construction of the villagers in the general area of control must be consistent with the relevant provisions of the State and the city.
Article XIV covers all types of rural and urban planning and other specific planning for the development of construction elements in the restricted areas, the priority zone and the general area of control, which must be in line with the development of construction planning in the four-hazard areas approved by the Government of the city; incompatible with the timely adjustment, the unadjusted cannot be used as a basis for development.
The municipal planning authorities should prepare detailed planning with the relevant administrative authorities for the control of the priority zone and the general area of control, and report on implementation by the Government of the city.
The development or adaptation of specific planning and detailed planning covering the development of construction elements in the restricted areas, the priority zone and the general area of control, and the planning of approval prior to the issuance of the report must be with the consent of the municipal planning administrative authorities.
Article 15. The development of construction projects in the restricted area, the priority zone and the general area of control must be consistent with the detailed planning or village-level planning approved by the law; no development of construction projects shall be approved in areas where detailed planning or village planning are not approved.
All development-building projects in the area of the prohibition of construction, the priority zone and the general area of control must be governed by the procedure for planning approval and other statutory procedures.
The following construction projects must be in compliance with the detailed planning approved by the Government of the city and with the review by the municipal planning authorities, the consent of the city's Government, and the planning and other clearance procedures in accordance with the law:
(i) All construction projects in the area of construction, in addition to the drainage of hazardous works and the self-employment of villagers;
(ii) Construction projects focusing on the size of buildings in the area of control over more than five square meters.
The construction projects other than the previous paragraph (non-concluding hazardous work) should be reviewed by the municipal planning administrative authorities to conduct the approval and other approval procedures in accordance with the law.
Article 17 Governments of the districts should strengthen their control over the development of construction in the area of “four mountains”, organize the competent authorities of the current Government to strengthen monitoring of construction activities in the area of prohibition, priority zone construction and general control zones, monitor the founding violations in a timely manner; and transfer to municipal authorities in a timely manner cases of violations that are not under the jurisdiction of the Government.
Article 18
Article 19, in violation of laws, regulations and the development of this provision, is governed by the law by the competent authority to stop the violation, to dismantle the construction and facilities in violation of the law, to restore the status quo and to impose fines; to put an end to the organs that continue the development of the law, to impose a penal decision; to apply for the enforcement of the law of the People's Court, or to the enforcement of the law by the territorial Government.
Article 20
Article 21
(i) Develop, adapt or approve plans in violation of relevant laws, regulations and provisions;
(ii) In violation of the relevant laws, regulations and provisions for the processing of project approval procedures for the development of construction projects;
(iii) Not to carry out their duties in accordance with articles 17, 18, 19, and to cause consequences.
Article 22 encourages units and individuals to report on violations of the authorization and development of the provisions, and the sectors that have received reports should be investigated and processed immediately, and that the reporting materials should be transferred to other competent authorities that are not within the scope of their duties.
Article 23