Xinjiang Uyghur Autonomous Region, The Implementation Of The Ordinance In The Scenic Way

Original Language Title: 新疆维吾尔自治区实施《风景名胜区条例》办法

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Xinjiang Uyghur autonomous region, the implementation of the Ordinance in the scenic way

    (November 10, 2011 11th 27 Xinjiang Uygur Autonomous Region people's Government Executive meeting considered by people's Government of Xinjiang Uygur Autonomous Region on November 21, 2011 the 173th release come into force February 1, 2012) first according to the scenic area of the State Council regulations, combined with State practice, these measures are formulated.

    Second approach applies to the autonomous region within the administrative area of scenic creation, planning, conservation, use and management.

    Scenic article should adhere to the scientific planning, unified management, the strict principles of conservation, sustainable use.

    The fourth State housing and urban-rural construction administrative departments responsible for supervision and administration of scenic spots within the administrative area for the State, other relevant departments according to their respective duties, is responsible for the supervision and administration of scenic work.

    Fifth people's Governments above the county level in the scenic setting of scenic area administration, responsible for scenic protection, use and unified management of scenic spots cross boundaries, the scenic area is located set common higher level people's Government of the people's Government administrative departments are responsible for the protection, utilization and management work.

    Sixth Department of housing and urban-rural construction administration of the autonomous region shall, jointly with relevant departments, to survey the State scenic resources, selection, classification, evaluation, organization of scenery resources protection and utilization planning of the autonomous region, and autonomous region people's Government for approval.

    Article seventh scenery resources protection and utilization planning of the autonomous region, should include the following:

    (A) State scenic resource distribution, type, features, entertainment and scientific and cultural value;

    (B) the protection and utilization of the overall requirements, objectives, measures, the responsibility to protect;

    (C) the proposed scope of scenic, nature, timing, the prohibition of the development, the development of the region;

    (D) relations with all relevant planning.

    Eighth in the State scenic resource protection and utilization planning of the scenic resources, its natural landscape and cultural landscape that reflects important natural processes and major historical and cultural development of original appearance of the base in a natural state or history, a State representative, can apply for the establishment of a national scenic area has regional representation, you can apply for the establishment of State-level scenic spots.

    Nineth established a State-level scenic areas, State housing and the competent administrative authorities and the development and reform of urban construction, land and resources, water conservancy, environmental protection, forestry, animal husbandry, tourism, religious, cultural and other relevant departments, demonstrated by the autonomous regional people's Government approval of the State Council, published.

    Establishment of State-level scenic areas, apply to the people's Governments at the county level, State housing and competent administrative authorities and the development and reform of urban construction, land resources, forestry, animal husbandry, water conservancy, environmental protection, tourism, religious, cultural and other relevant departments, argues that the proposed review, approval of the autonomous regional people's Government, published.

    Article in accordance with the provisions of article eighth scenic resources, do not apply for the establishment of the people's Governments at the county level scenic area, State housing and urban-rural construction administrative departments may make a declaration to the scenic spots, County Government proposal, or direct reporting recommendations to the autonomous regional people's Government.

    11th seat of scenic resources of States, municipalities (), County (City) Government shall do a scenic resource protection, you may not rent, transfer of scenic resources or destruction of natural, historical and cultural character of the scenic resources.

    12th an application for establishing a scenic area, reflect the scenic resource condition of materials submitted by law shall include the following information:

    (A) the location, history, socio-economic and cultural conditions, scenic resources general status and types of features, protection status, management, overview;

    (B) the natural landscape such as landforms, bodies of water, biological, astronomical, and historical monuments, sites, site of modern revolutionary activity, monumental works of modern engineering, plastic arts, local villages, houses, customs, history, cultural landscape;

    (C) the geology, climate, water, natural disasters, endemic diseases, pests and other environmental quality status;

    (D) the types of scenic resources, features, representativeness and ornamental, scientific culture, the size of the environment, environmental quality and assessment.

    13th an application for establishing a scenic area, material submitted according to law reflected scenic tour conditions should include the following:

    (A) the internal and external traffic, water supply, electricity supply, telecommunications, infrastructure, such as sewage disposal, disaster prevention and safety;

    (B) catering, accommodation, medical care, postal services, banks, toilets, shopping, entertainment and other public service facilities;

    (C) traditional folk performances, cultural exhibition and other cultural facilities;

    (D) allow visitors into the depths.

    Article 14th shall be reasonably designated scenic area of scenic range and core scenic areas, ensure the integrity of natural and cultural landscapes and its ecological environment, continuity, balance and coordination and consistency in administrative divisions.

    15th established scenic spots should be protected within the scenic land, forests, grasslands, waters and other natural resources and housing, property ownership, the legitimate interests of the holder of, specific safeguards.

    Established scenic on the scenic land, forests, grasslands, waters and other natural resources and housing and other property owners, right to person caused the loss of, an established scenic organ shall consult with the rights holders, in accordance with law and proper settlement of the compensation issue.

    16th compilation of scenic spot planning must adhere to conservation priorities, developing obedience protection principles.

    Overall planning of scenic area within the different protection requirements should be regional architectural style, size, scale and other mandatory, comprehensive delineation of the area at all levels, core area, various types of protected areas and service base area, features such as residential areas, clear exploitation intensity to delineate the scope of the prohibition of the development and the development. Scenic area shall, within 2 years from the date of the establishment of complete scenic area master plan.

    The people's Governments above the county level shall incorporate the master planning of scenic funds budget, master planning of scenic resources in poor areas by the State financial grant appropriate subsidies.

    17th scenic area planning and urban planning, land use planning, planning of tourism development planning, environmental protection, and other related planning link.

    18th detailed planning of scenic area should be based on the core scenic areas and other attractions of the different requirements, and shall include the following:

    (A) the planning basis, the basic profile, planning principles;

    (B) the layout plans, construction plans, visit the service area (point) plan;

    (C) the transportation, water supply and drainage, electricity and infrastructure construction plan for environmental protection, related to earthquake, flood, civil defence, fire protection, heating, gas and other projects;

    (D) infrastructure, tourist facilities, cultural facilities, and project site, layout and scale, construction land and planning conditions.

    The preceding paragraph (d) of said planning conditions, refers to the planning and construction of the proposed buildings or structures, such as volume, density, height, layout, size, size, style, color, green and other aspects of control and requirements.

    19th scenic spot planning related to land, forests, grasslands, waters and other natural resource use, move, matters such as the adjustment of industrial structure, planning authorities shall organize hearings and listened to advice from various parties and properly handle scenery resources protection, utilization and protection of related rights.

    The 20th is prohibited within the core area of scenic construction of hotels, guest houses, training centers, nursing homes and scenic resource protection independent of other buildings and structures; released in scenic area planning approval prior to construction, scenic spot planning approved shall, in accordance with the law, develop plans for relocation, demolished or converted to other uses, and gradually implemented.

    Working in the scenic construction activities outside the provisions of the preceding paragraph shall be subject to scenic area administration for examination and approval, according to construction planning permission with planning permission and construction engineering procedures.

    21st prohibits the following acts in the scenic area:

    (A) dredging and soil;

    (B) destroys the forest, collecting seedlings, flowers, grass;

    (C) smoke in no smoking areas, the use of fire;

    (D) provide photography services for operators, occupy filming locations prevent, restrict visitors take photos or watch;

    (E) forced the showmanship, selling goods;

    (Vi) other behaviors prohibited by laws or regulations or rules.

    22nd scenic scenic spot of authority should be in accordance with the approved plans, meet scenic spots within the infrastructure and public facilities construction, maintenance and management responsibilities.

    Scenic area planning without approval, and types of construction activities shall be carried out.

    23rd in State-level scenic area within the building construction projects that may have a significant impact on the landscape, the project location or land planning conditions should be reported to the State housing and urban-rural construction approved by the administrative departments; detailed planning of scenic area has a clear project site, layout and size, location or planning conditions should be reported to the State housing and urban-rural construction administrative departments.

    Referred to in the preceding paragraph may have a significant impact on the landscape construction projects, including cable car, cableway construction, scenic roads, water projects, and the scenic style of natural, holistic and harmony have a major influence on travel, leisure, culture, sport and recreation, accommodation, catering and other buildings and structures.

    24th scenic seat of County (City) over urban planning administrative departments shall, in accordance with the principles of convenience and efficiency, management construction planning permission, planning permission and planning approval procedures for completion of construction projects.

    Located in the scenic counties (cities) housing and urban-rural construction administration departments at or above, permission can be within a construction project bidding, construction permits, administrative functions, such as quality and safety supervision, commissioning scenic area management according to law.

    25th scenic spots within the infrastructure, public facilities and cultural facilities, as well as dining, lodging, shopping, shows, entertainment and so on, can be implemented by way of franchising select investor, owner, operator. Operator shall, in accordance with the franchise agreement, the Parties shall provide services, rational use and protection of scenic resources.

    After the expiration or termination of the franchise agreement, operator investments, construction, renovation and transformation facilities and cultural landscape, according to the franchise agreement transferred to the scenic area administration.

    Franchise agreement should clearly define each other's responsibility, compensation and conditions of termination of the agreement for breach. 26th in scenic areas in the big show, filming or engaged in prospecting, exploration and other activities shall be made to the scenic area Administration approval, and submitted to the ecological protection programmes.

    Ecological protection programmes should include conditions of use, scope, duration, protection, recovery, content, performance bonds and other obligations.

    In the core area engaged in the activities set forth in the preceding paragraph, scenic area management bodies shall be autonomous housing and urban-rural construction approved by the competent authority.

    27th folk reception in scenic spots, ethnic crafts, selling, as well as folk performances, sightseeing, and cultural and recreational activities, scenic spot management institutions should develop relevant norms, complaint handling, protect legal rights visitors.

    28th scenic district management should establish and improve the safety management system to protect cruise, cable car, cableway traffic travel facilities such as security; security facilities in dangerous places, and set the tips, warning sign in the Fire Department set up no obvious signs of fire, smoke.

    Scenic area management bodies should be based on the planning of scenic area, determine the duration of each visit, tourists to visit regional acceptance, ensure the quality of visitors and security, rational utilization of scenic resources.

    In scenic spots within the Organization to carry out activities such as trekking, rock climbing, hiking, shall be notified in advance to the scenic area administration programme of activities, walking routes, the number of, and comply with the scenic spots within the management system. 29th scenic resource use fees paid and ticket fees charged for management, in accordance with the relevant provisions of the State and the autonomous communities.

    In addition to dining, accommodation, shopping, shows, entertainment and other items, use of scenery resources in the scenic setting of ornamental or scientific, cultural activities and other projects, no ticket charge additional fees.

    30th article violates this way 11th section, assignment of the lease, scenic resources or destruction of natural, historical and cultural character of the scenic resources, by the higher people's Governments shall be ordered to correct to the direct responsible person in charge and other direct liable persons shall be given administrative sanctions.

    Violate the provisions of article 21st of the 31st article from scenic area management agency ordered corrective action and fined a maximum of between 1000 Yuan and 100 Yuan.

    32nd article violation this approach 26th article provides, without landscape places district management institutions audit agreed, in landscape places district within for large performances, and television shooting or engaged in survey, and detection, effect ecological and landscape of activities, by landscape places district management institutions ordered stop violations, and deadline recovery undisturbed or take other remedy measures, confiscated illegal proceeds, and at 50,000 yuan above 100,000 yuan following of fine; plot serious of, and at 100,000 yuan above 200,000 yuan following of fine.

    Article 33rd State scenic area of the Ordinance and these rules shall be given administrative punishment, scenic area management bodies not be investigated and prosecuted by law, by the people's Governments at the corresponding level, or the autonomous communities housing and urban-rural construction administration authorities shall order the discharge of its statutory responsibilities.

    34th scenic regulatory agency violates the State scenic area Ordinance and implementation of examination and approval as provided herein, set scenic area management bodies or autonomous region people's Government of the people's Government housing and urban-rural construction administration authorities shall order the cancellation or revocation of examination and approval directly decided.

    35th in violation of this Regulation shall be liable for other acts, pursuant to the State scenic area Ordinance and the provisions of relevant laws and regulations. 36th these measures come into force February 1, 2012.