Lhasa, Wetland Protection And Management Measures

Original Language Title: 拉萨市湿地保护管理办法

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(July 18, 2006, Lhasa city people's Government at the 12th Executive meeting of July 27, 2006, Lhasa city people's Government promulgated as of September 1, 2006, 12th) Chapter I General provisions article in order to fully protect the wetland and its biodiversity, maintain the basic functions of wetland ecosystem and promote sustainable use of wetland resources, according to the People's Republic of China environmental protection law and other relevant provisions of laws and regulations, combined with the practical, these measures are formulated.
    Article protection of wetlands within the administrative area of the city, construction and management, should comply with these measures.
    Article wetlands in these measures, is a function of regulation surrounding all wetlands, peatlands, beach, wet meadows, seasonal water sections of the region.
    Fourth wetland protection should follow a comprehensive protection, scientific use, the principles of sustainable development, mitigation and control of wetland degradation, protect the integrity of the wetland system.
    Fifth of municipal Administrative Department of environmental protection is the urban built-up area of wetland protection in administrative departments.
    Department of forestry administration is the urban area outside the wetland protection in administrative departments.
    Water, land and natural resources, agriculture and animal husbandry (fish) and other administrative departments in accordance with the duties, cooperate closely together to protect wetlands.
    Article sixth of the County (district) people's Governments shall prepare a wetland conservation plan within their respective administrative areas, and incorporated into the national economic and social development plan, arrange special funds for wetlands protection.
    Establishment of national, local, social, multi-level, multi-channel input mechanism of wetland protection.
    Article seventh County (district) people's Governments shall do the publicity and education work of wetland conservation, increasing citizens ' awareness of wetland conservation.
    Any unit or individual has a responsibility to protect its wetland resources, of destruction and occupation of wetland resources has the right to impeach or accuse.
    The County (district) people's Governments shall encourage and support the returning wet wetland restoration and wetland protection and restoration of work units and individuals that have made outstanding contributions award. Wetland protection in chapter II the eighth municipal people's Government was established by the relevant departments and wetland determination Committee composed of experts, scholars, to confirm the city's wetland delineation, upon approval by the municipal government, it shall be announced.
    Specific work by the urban forestry administration departments in charge.
    According to the ecological functions of wetlands before Nineth and conservation value, the establishment of ecological function protected areas, nature reserves and ecological parks.
    Tenth article that meet the following criteria, wetlands of ecological function protected areas should be established: (a) have the special protection of important ecological functions and values, (ii) is of great scientific value.
    11th article where has following conditions of, should established wetland nature reserve: (a) has representative of natural wetland ecological system or suffered damage but by protection can recovery of similar wetland ecological system of; (ii) wetland biological diversity rich, and height gathered of or rare, and endangered species concentrated distribution of; (three) belongs to national and autonomous regions focus protection birds of breeding habitat to or important of migration stop to of.
    12th that meet the following conditions, ecological park should be established: (a) the value of wetland protection relatively intact, with a certain degree of protection, (b) in accordance with article tenth and 11th condition of establishment of ecological function protected areas and nature reserves, but could not be established because of objective restrictions.
    13th article in accordance with the natural distribution and trend of wetland ecosystems, may be delineated across the County (district) administrative divisions and across eco-systems of protected areas, to protect the integrity of the wetland ecosystem.
    Article 14th wetland reserve is divided into State-level wetland reserve and Lhasa, the autonomous regions and municipal wetland reserve.
    15th across two or more county-level administrative areas of wetland by the urban forestry administration departments or by the relevant people's Government, where the wetlands together consensus to apply.
    16th wetland reserve line established by the municipal people's Government, and marking boundaries shall be published.
    Without authorization, no unit or individual is allowed to move, the destruction of wetland boundary markers or facilities.
    17th changing nature wetland reserve of revocation, or adjustments of the boundaries, wetland reserves should be established by the original people's Government. Chapter III supervision and management of wetland 18th wetland reserve by County (district) people's Government established or designated national authority. Wetland reserve across two or more counties (districts), set up by the municipal wetland protected area management agencies.
    Specific management agencies responsible for wetland management, cities built in the area of environmental protection Administrative Department, outside the built-up area of forestry administrative departments the dual leadership of the people's Governments at the County and wetland protected areas.
    Wetland reserves management institutions of main duties: (a) implementation about wetland protection of legal, and regulations, and regulations and approach, and policy; (ii) developed wetland reserves of construction and management system; (three) unified management, and supervision and integrated coordination wetland reserves of planning, and construction and protection work; (four) survey wetland natural resources and established archives, organization environment monitoring; (five) organization or coordination about sector carried out wetland reserves of scientific research work; (six) for wetland resources protection of publicity education;
    (VII) monitoring visits, tours and other activities in wetlands and (VIII) other responsibilities as provided for by the laws, rules and regulations.
    The relevant competent administrative departments shall work on wetland protected area management agencies guidance and supervision.
    Article 19th County (area) of forestry administrative departments shall, in accordance with national and autonomous region, Lhasa, the relevant provisions of the Organization on wetland resources of censuses, surveys and special surveys and results reported to the forestry administrative departments, levels of Government and city.
    Article 20th counties (districts) forest wetland resource files management system should be established by the Administrative Department, responsible for the custody of wetland resources conservation, management and research results, data and information obtained and submitted to the municipal forestry administration departments. 21st in the exploration and mining of mineral resources within the wetlands or engaged in road, water, electricity, communication development and construction activities involve taking or expropriation, such as wetlands, strict examination and approval procedures.
    Without the City Department responsible for environmental protection and Forestry Department, Planning Department of land and resources, and other departments shall not accept occupation and requisition of wetland applications.
    For all types of construction projects involving wetlands must strictly implement the environmental impact assessment system and the "three simultaneous" system, submitted to the approval authority responsible for environmental protection departments, planning and approval of the Department of land and resources.
    According to the directory of classified management of construction projects, of all types of construction projects involving wetlands are designated as environmentally sensitive areas, environmentally sensitive areas to prepare an environmental impact report (table). 22nd does require temporary use of a wetland, using application to wetland protected area management agencies.
    Temporary use of a wetland shall not exceed two years, may not change the nature of the wetlands, or build permanent structures. Article 23rd County (district) people's Governments shall take measures for the protection of wetlands and water resources.
    Wetland reserve of losing protection of water resources, water supply mechanism should be established.
    24th forbidden wetland in developed urban areas and suburbs of towns, the prohibition of the use of natural wetlands to purify sewage.
    25th article ban in wetland range within engaged in following activities: (a) emissions wetland water resources; (ii) dug ditch, and built dam, and reclamation wetland; (three) damage fish, aquatic biological migratory channel and wildlife of important breeding district and Habitat to; (four) unauthorized mining sand, and take soil, and burning, and cut forest, and collection national or autonomous regions, and Lhasa focus protection of wild plant; (five) illegal hunting by protection of wildlife, picked up bird eggs or used extinction sex way fishing fish and the other aquatic biological;
    (F) poisonous and harmful gas discharges to a wetland reserve or, (VII) to the wetlands and surrounding waters against water, aquatic chemical and (VIII) to the wetlands and surrounding the dumping of solid waste, (nine) without the permission of grazing and other destruction of wetlands in the wetland.
    Article 26th use of wetland resources development and eco-tourism activities, urban built-up area to the municipal environmental protection administration departments, outside the built-up area shall be agreed by the Municipal Department of forestry administration.
    In wetland reserve tours, tourism activities, must be carried out in accordance with the programmes of the Department, and subject to the supervision of the wetland protected area management. 27th without approval, no unit or individual may unlawfully entering the wetland activities.
    For teaching, scientific research and other activities needed to enter, an application shall be submitted prior to wetland management bodies and activities, approved by the appropriate authorities, and should submit their copy of the results of scientific research in wetland protected area management agencies.
    Wetlands are not allowed in the settler population, the existing residents by the wetlands in the County Government moved out, production and business operation activities should stop.
    28th wetland local Government should encourage and support farmers and herdsmen in the development of pollution-free agricultural wetland on the existing cultivated land.
    Needed on the existing cultivated land in wetland use of pesticides and other chemicals should be in wetland protection areas designated by the authority deployment and storage, the residues and packaging materials shall not be discarded.
    Fourth chapter legal responsibility 29th article violation this approach provides, in wetland range within has following behavior one of of, by related administrative competent sector according to about legal, and regulations provides give punishment: (a) mining, and take soil, and burning of, by environmental protection administrative competent sector be punishment; (ii) to wetland reserves or around waters within emissions sewage, and put may against water, and aquatic biological of chemical items and packaging real and to wetland and around dumping solid waste of, by environmental protection administrative competent sector be punishment; (C) logging, fishing, hunting protected wildlife, collect eggs, collecting key protected wild plants of State or autonomous region, Lhasa, by the competent administrative Department of forestry will be punished;

    (D) the destruction of aquatic organisms such as fish migration routes and important breeding area and Habitat of wild animals, by the fishery administration departments will be punished. 30th article violation this approach provides, in wetland range within has following behavior one of of, city built district within by location environmental protection administrative competent sector, and city district outside by wetland location forestry administrative competent sector give punishment: (a) unauthorized for development construction activities of, ordered deadline demolition wetland Shang new of buildings and other facilities, recovery undisturbed, and sentenced by damage wetland area each square meters 5 Yuan to 10 yuan of fine; (ii) emissions wetland water resources of, ordered stop violations, recovery wetland water resources,
    And sentenced each cubic metres 3 Yuan to 10 yuan of fine; (three) dug ditch, and built dam, and reclamation wetland of, ordered stop violations, deadline recovery undisturbed or take other remedy measures, and sentenced each square meters 3 Yuan to 10 yuan of fine; (four) unauthorized mobile, and damage wetland or wetland reserves of landmarks, and facilities of, ordered deadline recovery or compensation loss, and can sentenced recovery by needed actual costs or loss amount twice times of fine;
    (E) without consent into the wetland reserve or disobedience wetland protected area management agencies in the reserves, with a warning and fined 100 Yuan more than 1000 Yuan fine.
    31st article wetland reserves management institutions has following behavior one of of, by Shang level administrative competent sector ordered deadline corrected; on directly responsibility personnel by its where units or superior organ give administrative sanctions: (a) without approved in wetland reserves within carried out visit, and tourism activities of; (ii) opened and wetland reserves protection direction inconsistent of visit, and tourism project of; (three) not perform on in wetland reserves carried out of visit, and tourism, activities for supervision of responsibility, to wetland reserves caused loss of.
    32nd article forestry, and environmental protection administrative competent sector and staff or wetland reserves management institutions and staff, has following behavior one of of, on its competent personnel and directly responsibility personnel law give administrative sanctions: (a) not strictly implementation wetland protection planning of; (ii) found violation this approach of behavior not timely law processing of; (three) not seriously perform wetland reserves management institutions main duties of.
    Article 33rd did not enforce the environmental impact assessment system and the "three simultaneous" system, by approving the construction project environmental impact report (table) of the Administrative Department of environmental protection in accordance with the provisions of the regulations on environmental protection of construction projects.
                                          Fifth chapter supplementary articles article 34th these measures shall take effect on September 1, 2006.