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Administrative Rules Of Shenzhen Municipality Basic Line Of Control

Original Language Title: 深圳市基本生态控制线管理规定

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(Act No. 145 of 17 October 2005 of the People's Government Order No. 145 of 1 November 2005)

Chapter I General
Article I, in order to strengthen ecological protection in the Shenzhen (hereinafter referred to as city), prevent the unplanned spread of urban construction that endangers urban ecosystem safety and promote sustainable urban development, in line with the relevant laws, regulations and regulations.
Article 2 refers to the underlying ecological control line referred to in this Article to the extent of the ecological protection approved by the Government of the Shenzhencan (hereinafter referred to as the municipality).
Article 3 defines, adapts and uses this provision for land use, construction activities within the basic ecological control line.
Article IV. The municipal planning authorities are responsible for the preparation and adaptation of basic ecological control lines.
The executive authorities, such as planning, land, environmental protection, development reform, water, agro-industry, urban integrated law enforcement, and the governments of the various sectors (hereinafter referred to as the zonal government), are jointly monitoring the management of basic ecological control lines within their respective responsibilities, in accordance with the relevant laws, regulations and regulations.
Article 5. Units and individuals have the right to investigate and prosecute violations of this provision.
The municipalities encourage citizens, legal persons or other organizations to engage in ecological protection activities and to reward the contribution that has been made.
Chapter II
Article 6 Delineation of the basic ecological control line shall include the following scope:
(i) Level-level watersheds, wind landscapes, natural protected areas, centralized basic farmland protected areas, forests and outer space parks;
(ii) The slope range of more than 25 per cent of mountains, forestland and sea altitudes in the special area for more than 50 metres, outside the special area for more than 80 metres;
(iii) Main rivers, water banks and wetlands;
(iv) Ecologic and green areas for the preservation of ecosystem integrity;
(v) Lands of the islands and of the sea with ecological protection values;
(vi) Other areas requiring basic ecological control.
Article 7
(i) The development of basic ecological control line delineation programmes by municipal planning authorities;
(ii) Prioritization of programme approval shall seek the views of the relevant functional and district governments of the municipality;
(iii) After the revision of the programme on the basis of the relevant opinion, the approval of the municipal planning authorities;
(iv) The basic ecological control line should be published on the main municipal media and government website within 30 days of the date of ratification.
The underlying ecological control line, which is published, must be clear in scope with clear geographical coordinates and relevant location maps.
Article 8 needs to be adjusted for major national, provincial and municipal construction projects, as follows:
(i) The municipal planning authorities, in accordance with the approval documents related to major national, provincial and municipal construction projects, have organized environmental impact evaluations in accordance with the law and have developed basic ecological control line adaptation programmes;
(ii) Adjustment programmes shall seek the views of the relevant functions and sectors of the municipal government;
(iii) The municipal planning authorities shall make the presentation of the adjustment programme less than 30 days and consult widely through the holding of the hearings, hearings, etc.;
(iv) Upon the revision of the programme on the basis of the relevant observations, the Urban Planning Committee is presented to the Committee for its consideration;
(v) After the adoption of the programme's consideration, the Government of the city was approved.
Adjustment programmes should be made available on the main media and government websites in the city within 15 days of the date of ratification.
Article 9.
Any unit or individual shall not destroy or otherwise change the protection mark of the basic ecological control line.
Chapter III Monitoring and management
Article 10 prohibits construction within the basic ecological control line, in addition to the following:
(i) Major road transport facilities;
(ii) Municipal utilities;
(iii) Tourism facilities;
(iv) Parks.
The construction projects set out in the previous paragraph should be presented as a valid research, environmental impact evaluation and a presentation of the location for the planning of major environmental impacts.
The above-mentioned construction projects should be displayed at the main media and government sites in the city prior to the approval of the location for the planning of the candidate.
The construction projects have been set up to give priority to environmental protection, strengthen environmental and green engineering construction, and strictly control the development intensity.
Article 11 has signed land-use transfer contracts but has not yet been initiated before the implementation of this provision and shall be reviewed by the municipal planning authorities. Projects allowing construction should strictly control the strength and the functionality of development; construction projects that affect the ecological environment are recovered by the municipal land authorities and compensated.
Article 12 has established legitimate buildings, constructions within the basic ecological control line without unauthorized alteration and expansion.
The original rural dwellers within the basic ecological control line should be progressively implemented in accordance with the planning of relocation programmes. There is a need to renovate in the place of origin and to develop specific planning for adaptation, with approval by the municipal planning authorities following a review of the relevant sector.
Article 13 violates the construction of this provision within the basic ecological control line, which is a serious impact on urban planning.
The municipal planning authorities, the city's integrated law enforcement sector and the relevant government functions should strengthen the basic ecological control line. Units and individuals subject to inspection shall not be denied on any grounds, if any, if any.
Chapter IV Legal responsibility
Article 14.
Article 15. Self-approved projects or approved construction within the framework of the basic ecological control line, which are administratively disposed of by the competent leadership and direct responsibilities by law; constitutes an offence and hold criminal responsibility under the law.
Article 16 Staff members of the relevant authorities are toys negligence, abuse of authority, provocative fraud, which is governed by the law by the inspectorate, which constitutes an offence and hold criminal responsibility under the law.
Article 17 destroys or unauthorizedly alters the signs of protection of the basic ecological control line, which is released by the Integrated Law Enforcement Department of the city and is fined by 1000.
Article 18 conducts various types of violations within the basic ecological control line, punishable by law by the relevant administrative authorities; constitutes an offence and is criminally criminalized by law.
Chapter V
Article 19 provides for the basic ecological control line and its scope map as part of this provision with equal legal effect.
Article 20
Chnzhen City's basic ecological control line
(Note by the author: this figure appears in the original version)