City City, Luoyang, Luoyang City People's Government On The Revision Of The Decisions Of The Management Measures Of Ancient And Famous Trees Protection

Original Language Title: 洛阳市人民政府关于修改《洛阳市城市古树名木保护管理办法》的决定

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
(July 6, 2005 Luoyang Government 12th times Executive Conference considered through July 26, 2005 Luoyang Government makes 80th, announced since announced of day up purposes) according to People's Republic of China administrative license method and about legal, and regulations of provides, Luoyang Government decided on Luoyang City ancient tree name wood protection management approach for following modified: a, and 18th article modified for: "responsibility units or responsibility people for conservation management poor, caused ancient tree name wood injury or wither of, A fine of 10,000 yuan and 20,000 yuan fine. Causing the death of the ancient tree and famous tree, fined a maximum of 20,000 yuan and 40,000 yuan.
    "Second, by deleting article 19th" depending on the degree of loss, pay compensation of 30,000 yuan to 50,000 yuan each "content.
    Three, 20th paragraph (b) is amended as "causing damage of ancient and famous trees, fined 2000 Yuan and 10,000 yuan fine"; (c) is amended as "causing the death of old trees, according to the value of ancient and famous trees compensation and fined 20,000 yuan and 30,000 yuan fines." IV, 21st paragraph (a) is amended as "clipping of ancient and famous trees without permission, fined 2000 Yuan and 20,000 yuan fine. "(B) amended to" transplantation of ancient and famous trees without permission, fined 30,000 yuan and 50,000 yuan fine. Causing the death of old trees, according to the value of ancient and famous trees compensation for losses. "(C) is amended as" the felling of ancient and famous trees, in addition to the value of ancient and famous trees compensation for losses, and a fine of 50,000 yuan and 100,000 yuan fine.
    "This decision come into force on the date of promulgation.

    The Luoyang City management measures of ancient and famous trees protection be modified according to this decision, republished. Attached: Luoyang City ancient tree name wood protection management approach (2005 amendment this) (October 15, 2001 Luoyang Government 55th, makes announced according to July 26, 2005 Luoyang Government 80th, makes announced of Luoyang Government on modified straddling Luoyang City ancient tree name wood protection management approach of decided Amendment) first article for strengthening on city ancient tree name wood of protection management, according to State City Green Ordinance, and Henan province City Green implementation approach, and
    Luoyang City Ordinance, combined with the city's actual, these measures are formulated.
    Second city, County (City) urban planning areas and scenic spots in the region of ancient and famous trees conservation and management, application of this approach.
    Article ancient trees in these measures refers to more than 100 years old trees and precious, rare, historic or commemorative trees.
    In more than 300 years old, precious, rare has important historical value, scientific and monumental old trees in old trees for level; the remaining two valuable and old trees.
    Administrative departments in charge of the city fourth of municipal urban landscape city of ancient and famous trees protection and management, responsible for the city's urban old and famous trees protection management planning, protection of ancient and famous trees in the city guide and supervise management, studied on the ancient tree and famous tree number, file and set up a regulatory signs, and so on.
    Counties (cities, districts) of urban landscaping in the administrative departments in charge of the area of ancient and famous trees protection and management of the city, old trees in this area of investigation registration, identification, protection, and gather items to work.
    Fifth level of valuable and old trees by people's Government of the province and construction administrative departments under the State Council for the record; two valuable and old trees by the municipal people's Government, submitted to the provincial administrative departments.
    Article management of ancient and famous trees grow or individuals, management responsibility for the protection of ancient and famous trees unit or person responsible.
    In Park, and garden, and City Green, and City Road range within of ancient tree name wood by garden green management sector is responsible for protection management; in landscape places district, and Temple, and Tomb Raider range within of ancient tree name wood by its management sector is responsible for protection management; in railway, and highway, and canals with to range within of ancient tree name wood respectively by railway, and highway, and canals management sector is responsible for protection management; bulk long in units eyes within and the personal garden in the of ancient tree name wood by where units and personal is responsible for protection management.
    Sights, tourist attractions of the ancient tree and famous tree, fence should be the responsibility to protect.
    Article garden administrative departments with units of ancient and famous trees protection management responsibility or responsible person, shall jointly prepare a programme for the conservation, management, and implementation of conservation and management measures, landscape Administrative Department of ancient and famous trees conservation and management should be examined and technical guidance.
    Change of ancient and famous trees conservation responsible or responsible person, shall be to the competent administrative Department for the conservation of landscape responsibility transfer. Article of ancient and famous trees conservation and management responsibilities or responsible person, shall comply with the national provisions on the protection of ancient and famous trees, on the conservation of ancient and famous trees should be carefully managed to ensure normal growth of ancient and famous trees.
    There are abnormal growth of ancient and famous trees, responsibility or liability shall promptly report to the competent administrative Department of urban landscaping, urban landscape administrative departments shall organize an expert consultation to take protective measures. Article of ancient and famous trees conservation costs borne by the maintenance responsibility or liability.
    There is difficulty in the conservation of valuable and old trees, and can contribute to the County (city, district) Department of urban landscaping Administration applies for grants.
    Cost of rescue, the rejuvenation of the ancient tree and famous tree, Administrative Department of urban landscaping can provide appropriate subsidies.
    City, County (city, district) people's Government shall, in the year city maintenance funding, urban landscaping in special funds set aside a certain percentage of funds used in the cities of ancient and famous trees conservation and management. Article tenth of collective or individual valuable and old trees, landscaping without approval by the Administrative Department and approval of the people's Governments of cities shall not be sold or transferred.
    Donated to the country may be given appropriate incentives.
    11th new construction, renovation or expansion works of the ancient tree and famous tree growth, the construction unit shall be proposed to avoid or protection measures, agreed by the competent administrative Department of urban landscaping, urban people's Governments for approval before implementation. 12th the ancient tree and famous tree trunk within a 5 meter RADIUS, no new, renovation or expansion of any form of buildings or other protective facilities.
    Urban road construction management must not harm the protection of ancient and famous trees. 13th article ban following damage ancient tree name wood of behavior: (a) in trunk Shang mess carved mess designated, and nail nail, and winding rope, and erection wire; (ii) according to tree cover room, and take shed or with tree for support real; (three) from Crown vertical projection 5 meters within built temporary building, and stacked material, and dug pit, and built filter pool, and through Li clear, and ignition, and emissions flue gas, and dumping garbage, and sewage and other harmful objects; (four) without City Garden green competent sector approved picked leaves, and fruit and seed; (five) climbed tree, and folding branch, and
    Uproot or peel the damaged branches, tree trunks, the bark (vi) closed within two meters of tree holes; (g) unauthorized felling and pruning, transfer valuable and old trees. 14th due to special reason needed transplantation of ancient and famous trees, old trees in level shall be approved by the provincial people's Government, two ancient and famous trees should be reported to the approval of the provincial construction department.
    Transplant costs borne by the transplant unit. 15th article the death of valuable and old trees should be protected by old trees in the urban management authorities investigate the cause, with clearly defined responsibilities, and to cancel the registration before they can be processed.
    Handle the result should be reported to the provincial administrative departments of construction.
    16th no units and individuals for damage, destruction of ancient and famous trees, are entitled to discourage, deter and report.
    17th article in protection management ancient tree name wood work in the made following results one of of, by city ancient tree name wood protection management competent sector give recognition or award: (a) for protection ancient tree name wood, made larger research of; (ii) in management, and conservation ancient tree name wood work in the results significantly of; (three) in stop damage ancient tree name wood aspects deeds highlight of. Article 18th responsible or responsible person because of poor maintenance and management, resulting in injury or ancient and famous trees withered, fined 10,000 yuan and 20,000 yuan fine.
    Causing the death of the ancient tree and famous tree, fined a maximum of 20,000 yuan and 40,000 yuan.
    19th approved transplant of ancient and famous trees, caused by maladministration, transplantation of ancient and famous trees died, according to the actual value of the compensation.
    20th article violation this approach 13th article subsection (a), and (ii), and (three), and (four), and (five), and (six) items provides of, depending on situation give following punishment: (a) damage behavior minor, not caused ancient tree name wood injury of, ordered stop damage behavior, and sentenced 50 Yuan following fine; (ii) caused ancient tree name wood injury of, sentenced 2000 Yuan above 10,000 yuan following fine; (three) caused ancient tree name wood death of, by ancient tree name wood value compensation loss, and can sentenced 20,000 yuan above 30,000 yuan following fine. 21st article violates this article 13th paragraph (g) provides, given the following penalties: (a) the pruning of ancient and famous trees without authorization, and fined 2000 Yuan and 20,000 yuan fine, (ii) unauthorized transplants of ancient and famous trees, fined 30,000 yuan and 50,000 yuan fine.
    Causing the death of old trees, according to the value of ancient and famous trees compensation, (iii) deforestation of ancient and famous trees, in addition to the value of ancient and famous trees compensation for losses, and a fine of 50,000 yuan and 100,000 yuan fine.
    22nd the actual loss of the ancient tree and famous tree and values agreed by the group more than 3.
    23rd collective and individual ownership of valuable and old trees, without approval of the city people's Government, without authorization, sale, transfer, and fined 2000 Yuan and 10,000 yuan fine. 24th party who refuses to accept the decision of the competent administrative Department of urban landscaping, you can apply for reconsideration or bring a lawsuit.
    If no application for reconsideration, bring a suit nor implements the decision, by the executive authorities made the decision apply to the people's Court for compulsory execution. 25th urban landscape Administrative Department staff landscaping and law enforcement officials for dereliction of duty, abuse of power, favoritism, resulting in injury or death of ancient and famous trees, sanctions and compensation for the actual losses from the unit.

    Article 26th executive compensation for the payment of fees, fines, unified turned over to the city and County (City) financial, management of ancient and famous trees conservation.
                                                                    27th article this way come into force on the date of promulgation.

Related Laws