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Regulations of P.R.China on Nature Reserves

 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.