Chapter I General Provisions
Article 1 The
regulation herein has been formulated to strengthen the development and
management of natural reserves and to protect the natural environment and
natural resources.
Article 2 The regulation explains that
natural reserves refer to areas under special protection and management that are
set aside from the land, terrestrial bodies of water or oceans. According to the
law, special attention is placed on locations of protected objects, such as
representative natural eco-systems, natural concentration and distribution areas
of precious and endangered wild fauna, flora species and natural
relics.
Article 3 All
natural reserves constructed or managed in the territory of the People's
Republic of China (PRC), or in other marine areas under the jurisdiction of PRC,
shall comply with this regulation.
Article 4 The government brings the
development plan of natural reserves in line with the national economic and
social development plan by carrying out economic and technical policies and
measures in compliance with the development of natural reserves.
Article 5 The development and management of
natural reserves shall be in compliance with the economic construction and the
needs of residents' lives.
Article 6 Management and other
administrative bureaus can accept donations from agencies and individuals both
at home and abroad for the development and management of natural
reserves.
Article 7 People's governments above the
county level shall strengthen the power to lead the development of natural
reserves. Every agency or individual has the obligation to protect the natural
environment and natural resources and the right to report or accuse the party
responsible for damaging or seizing natural reserves.
Article 8 The State carries out a management
system by combining comprehensive management and sectored management.
The environmental protection bureau of the
State Council takes charge of the comprehensive management of the natural
reserves of the entire nation.
The administrative sections of the State
Council in charge of forestry, geological minerals, irrigation and maritime
affairs will superintend the relevant natural reserves within their scope of
official duty.
The set-up and obligations of the sections
in charge of the natural reserves in local governments above the county level
shall be reaffirmed by the government of the province, municipality or
autonomous region, according to the specific conditions.
Article 9 The governments are authorized to
award individuals and agencies that have made remarkable achievements in the
management of natural reserves or in scientific research.
Chapter II The Development of Natural Reserves
Article 10 Areas containing one of the
following situations shall be regulated as natural reserves:
1. Typical natural geographic areas,
representative natural ecological system areas or similar areas with natural
ecological systems that are damaged but can be restored.
2. Natural concentration and distribution areas of precious and endangered wild fauna and
flora species.
3. Seashores, coastal lines, islands,
wetlands, hinterland water, forests, prairies and deserts with special
protective value.
4. Natural relics with significant
scientific and cultural value, such as the geological tectonics, famous karst
caves, fossil-distributed areas, glaciers, volcanoes and hot springs.
5. Other natural areas that need special
protection approved by the government of the province, municipality and
autonomous region.
Article 11 Natural reserves can be divided
into national natural reserves and local natural reserves.
Natural reserves with typical meanings,
international scientific influences or special scientific research value, both
home and abroad, are listed as national natural reserves.
Apart from the ones listed as national
natural reserves, other natural reserves with typical meanings and significant
scientific research value are listed as local natural reserves. Local natural
reserves can be managed at different levels. Specific approaches to management
shall be decided by the administrative section of the State Council or the
people's government of the province, municipality or the autonomous region
according to their specific situation, and recorded by the State
Council.
Article 12 The establishment of national
natural reserves shall be applied by the people's government of the province,
municipality or autonomous region, or the relevant section of the State Council
under whose administration natural reserves may fall; the process shall be
evaluated by the national natural reserves evaluating committee, coordinated and
advised by the environmental protection section of the State Council and
approved by the State Council.
The establishment of local natural reserves
shall be applied by the government of the county, city or autonomous prefecture
where the natural reserves are located, or the environmental protection section
of the province, municipality or autonomous region. The process shall be
evaluated by the local natural reserves evaluating committee, coordinated and
advised by the responsible sections of the environmental protection of the
people's government of the province, municipality or the autonomous region, and
approved by the people's government of the province, municipality or autonomous
region, and recorded by the relevant natural reserves section and the
environmental protection section of the State Council.
The establishment of natural reserves, which
covers more than two administrative regions, shall be applied after the
coordination of the relevant people's governments, then followed according to
the procedures outlined above.
The establishment of maritime natural
reserves shall be approved by the State Council.
Article 13 The application for the
establishment of natural reserves shall be submitted according to relevant
regulations of the State.
Article 14 The region and broader line of
natural reserves shall be clarified by the people's government that approved the
establishment and be set up with landmarks. When affirming the region and
broader line, the applicability of the protected objects and the need of the
economic construction and people's lives shall be taken into
consideration.
Article 15 A dismantling or change in the
form, scope or borderline of natural reserves shall be approved by the people's
government that approved the establishment of the reserves.
No agency or individual is permitted to move
the landmark of the natural reserves.
Article 16 Natural reserves are named
according to the following principles:
National natural reserves include the name
of the location of the natural reserves plus the National Natural
Reserves.
Local natural reserves include the name of
the location of the natural reserves plus the Local Natural
Reserves.
For natural reserves with special-protected
objects the name of the special-protection objects can be added after the name
of the reserve's location.
Article 17 The responsible section of the
environmental protection of the State Council shall work with the responsible
natural reserves section of the State Council on the investigation and
evaluation of the situation of the natural environment and natural resources,
draft out the development plan for the national natural reserves balanced by the
planning section of the State Council and ask for approval from the State
Council.
The management or the responsible
administrative section of natural reserves shall draft the construction plan for
natural reserves in compliance with the national, local or sectional investment
plan, and then carry it out.
Article 18 The regulation divides the
natural reserves into a core zone, buffer zone and experimental zone.
Areas with eco-system or concentration areas
of precious and endangered wild fauna and flora species that are intact shall be
listed as a core zone, where no agency or individual is allowed to tread. Apart
from situations approved by Article 27 of this regulation, no scientific
research activity is permitted in these areas.
Scientific research activity can only be
conducted in the buffer zone, located outside the core zone.
Outside the buffer zone is the experimental
zone where activities, such as scientific experiments, teaching practice, visits
and surveys, domestication and breeding of precious and endangered wild fauna
and flora species, are allowed.
The people's government that approves the
establishment of natural reserves can designate a certain area as an outer
protection zone when necessary.
Chapter III Management of Natural
Reserves
Article 19 The technical standards of the
management of natural reserves shall be organized by the responsible
environmental protection section of the State Council and be drawn up by the
relevant natural reserves sections.
The responsible natural reserves section of
the State Council can take the charge separately according to different duties,
formulate various technical standards of natural reserves management and report
to the responsible environmental protection section of the State Council for
records.
Article 20 The responsible environmental
protection sections above the county level are authorized to supervise the
natural reserves under their administration. The responsible natural reserve
sections of the people's government above the county level are authorized to
supervise the natural reserves of which they are in charge. The supervised units
shall report the accurate situation and provide the necessary information. The
supervisor shall keep confidential the technical and commercial data from the
supervised units.
Article 21 National natural reserves are
administrated by the responsible natural reserves section of the people's
government of the province, municipality or the autonomous regions, or by the
relevant responsible natural reserves of the State Council. Local natural
reserves are administrated by the responsible natural reserves section of the
people's government above the county level.
Article 22 Major duties of the
administrative bureau of natural reserves:
Carrying out laws, regulations and policies
related to the protection of nature;
Stipulating management regulations on
natural reserves and coordinating specific a management for natural
reserves;
Exploring natural resources and setting up
files, organizing environmental supervision, protecting the natural environment
and natural resources in natural reserves;
Organizing or coordinating relevant sections
to conduct scientific research in natural reserves;
Promoting education for the protection of
nature;
Organizing activities for visits or tourists
when the protection of the natural environment and natural resources is not
disturbed.
Article 23 The expenditure for the
management of natural reserves is arranged by the local people's government
above the county level. The State can provide certain subsidies for managing
national natural reserves.
Article 24 The public security bureau at the
location of the natural reserves is authorized to set up branches in the
reserves as necessary to maintain security in the area.
Article 25 Units, inhabitants located at
natural reserves, or people permitted to enter the reserves shall abide by the
regulations of the natural reserves and accept the administration of the
management of the reserves.
Article 26 Activities such as felling,
grazing, hunting, fishing, herb collecting, cultivating, burning grass on
wasteland, mining, stone collecting, sand digging, etc., are forbidden, except
special activities allowed by other laws and regulations.
Article 27 Entering the core zone of the
nature reserves is prohibited. Anyone who must enter the core zone for
scientific observation, surveys and investigations shall apply to the
administrative section of the natural reserves and gain approval from the
responsible natural reserves section of the people's government above the county
level. Anyone who must enter the national natural reserves shall have approval
from the responsible natural reserves section of the State Council.
Shall it be deemed necessary for natives of
natural reserves to move out, the local people's government of the natural
reserves location in question shall take care of resettlement.
Article 28 Tourist and manufacturing
activities are forbidden in the buffer zone. In the name of scientific research,
the plan for activities that do not threaten the reserves, like scientific
research, teaching practice or specimen collecting, shall be submitted to the
administrative section of the natural reserves for approval by the
administrative section of the reserves.
Agencies or individuals wanting to conduct
similar activities shall submit a duplicate of their achievement record to the
administrative section of the natural reserves.
Article 29 Plans for visits or tourist
activities in the national natural reserves shall be drafted by the
administrative section of the natural reserves; examined and verified by the
responsible administrative section of the natural reserves of the people's
government of the province, municipality and autonomous region; and reported to
the responsible section relevant to natural reserves of the State Council. Plans
for visits or tourist activities in the local natural reserves shall be drafted
by the administrative section of the natural reserves and approved by the
responsible administrative section of the natural reserves of the people's
government of the province, municipality or autonomous region.
Visits or tourist activities at natural
reserves shall be conducted according to the approved plan and be kept under
strict management. An individual or agency that enters the natural reserves
shall be in compliance with the management of the administrative section of the
natural reserves.
Tourists or visiting activities that are not
in compliance with the protection aims are prohibited.
Article 30 The inner part of the natural
reserves, which has not yet been divided, shall follow the regulation for the
core and buffer zones.
Article 31 The receiving unit shall report
foreigners entering local natural reserves to the responsible administrative
section of the natural reserves of the people's government of the province,
municipality or autonomous region. Upon entering national natural reserves, the
receiving unit shall report to the responsible administrative section of the
natural reserves of the people's government of the State Council.
Foreigners entering natural reserves shall
abide by the laws, regulations and rules of the natural reserves.
Article 32 In the core and buffer zones of
the natural reserves, the manufacture of constructions is forbidden. In the
experimental zone of the natural reserves, the manufacture of constructions,
which may pollute or damage the environment, is also forbidden. No facility
construction is permitted that discharges pollutants surpassing the national or
local set standards. The facilities that have been established in the
experimental zone of the natural reserves with discharges surpassing the
national or local set standards shall be restrained; the ones that have caused
loses shall provide compensation.
Projects constructed in the outer protection
zone of the natural reserves shall not have a negative impact on the quality of
the environment of the natural reserves. Projects that have already caused a
negative impact shall mend their ways within a given time limit.
The decision to reform shall be made by
certain bureaus according to laws and regulations; enterprises in need of reform
shall complete the task on time.
Article 33 An individual or agency that has
polluted or damaged, or may pollute or damage, natural reserves due to an
accident or other unexpected incidents, shall carry out measures to: resolve the
problem, inform the residents or units that may be harmed, report to management
and the responsible sections of the local natural reserves and the environmental
protection unit, and accept an investigation and a punishment.
Chapter IV Legal Responsibility
Article 34 An individual or agency that has
violated a regulation in one of the following situations shall amend their
behavior in accordance with the enforcement of the administrative section of the
natural reserves. A fine of RMB 100-5,000, depending on the situation, could
also be imposed.
Moving or destroying landmarks of natural
reserves without permission
Entering natural reserves without permission
or disobeying the working staff.
An individual or agency permitted to conduct
activities such as scientific research, teaching and specimen collecting in the
buffer zone of the natural reserves but has failed to submit a copy of the
achievement record to the administrative section of the natural
reserves.
Article 35 Apart from being punished, an
individual or agency that conducts activities in violation of the regulation --
such as felling, grazing, hunting, fishing, herb collecting, cultivating,
burning grass on waste land, mining, stone collecting and sand digging can be
seized, forced to stop the illegal activities, asked to restore the natural
reserves in a given time or provide compensation. A fine of RMB 300-10,000 can
also be imposed for damaging the reserves.
Article 36 A natural reserves administrator
who refuses to coordinate the supervision of the responsible section of the
environmental protection or relevant responsible natural reserves section, or
engages in fraud during the supervision can be fined RMB 300-3,000 by the
responsible environmental protection section of the people's government above a
county level or the relevant responsible natural reserves section.
Article 37 An administrative section of the
natural reserves that violates the regulation in one of the following situations
shall be dealt with in accordance with the responsible environmental protection
section of the people's government above county level. The person directly
responsible shall be punished accordingly by the unit in charge.
Visiting or engaging in tourist activities
at the natural reserves without approval.
Coordinating visits or tourist projects that
defy the protection of the natural reserves.
Visiting or engaging in tourist activities
that do not comply with the approval.
Article 38 Anyone in violation of the
regulation who damages the natural reserves shall be forced to provide
compensation by the responsible environmental protection section of the people's
government above the county level.
Article 39 Anyone hampering the management
of the natural reserves shall be punished by the public security bureau in
accordance with the PRC Regulations for Controlling and Penalizing Public
Offences. The accused shall assume responsibility for the crime committed if
his/her acts have produced grave consequences.
Article 40 Management personnel or other
parties directly responsible for causing accidents that may seriously pollute or
damage the natural reserves, bring about great loss, injury or death, and other
crimes, shall take responsibility for their actions.
Article 41 When natural reserves
administrations and personnel neglect their duties, abuse authority, engage in
favoritism or grafting, they will be held accountable, especially if their acts
produced grave consequences and/or were criminal in nature. Anyone causing minor
consequences that do not constitute a crime shall be punished with
administrative penalty by their unit or the higher bureau.
Chapter V Supplementary
Provisions
Article 42 Responsible sections of the
natural reserves of the State Council can stipulate related management
approaches for the natural reserves in accordance with the
regulation.
Article 43 Provinces, municipalities and
autonomous regions can stipulate specific measures to implement the
regulation.
Article 44 This regulation takes effect upon
the date of promulgation, December 1, 1994.