438.Administration Rules of Shenzhen Municipality on the Neilingding Island-Futian National Natural Reserve (2011)深圳市内伶仃岛—福田国家级自然保护区管理规定(2011)

发布时间:2017-02-15来源:市法制办字体:【 【内容纠错】

Administration Rules of Shenzhen Municipality on the Neilingding Island-Futian National Natural Reserve (2011)

 

Article 1 These Rules are formulated in accordance with the Forestry Law of the People's Republic of China, the Island Protection Law of the People's Republic of China, the Regulation on Natural Reserves of the People's Republic of China as well as other relevant laws and regulations and on the basis of the actual circumstances of the natural reserve for the purposes of strengthening the administration of the Neilingding Island-Futian National Natural Reserve (hereinafter referred as to "the Natural Reserve") and protecting the resources and environment of the Natural Reserve.

Article 2 The Natural Reserve is composed of two parts, i.e. the Neilingding Island and Futian Mangrove Area.

The Neilingding Island is a natural reserve mainly for the protection of macaque (i.e. a second-grade protected animal of the State) and other precious animals.

Futian Mangrove Area is a natural reserve of forestry and wild animals mainly for the protection of the rare and precious mangrove, the rare, precious and endangered birds and the ecological environment of the wetland where they are living.

Article 3 The administration of the Natural Reserve shall observe the principles of strict protection, scientific administration and restricted development, so as to enable the Natural Reserve to play its roles in scientific research and scientific education.

The fund required for the protection of the Natural Reserve shall be guaranteed by the municipal finance department of Shenzhen and listed in the financial budget.

Article 4 The administration body of Guangdong Neilingding Island-Futian National Natural Reserve (hereinafter referred as to "the Administration Body") shall take charge of the routine administration work of the Natural Reserve.

The forestry, ocean, environment protection, planning and land, public security and other relevant departments shall jointly make efforts to bring to success the relevant work of the administration of the Natural Reserve according to their respective duties.

Article 5 The land within the red line of the Natural Reserve shall be uniformly confiscated by the municipal government and administered by the Administration Body.

Article 6 The Administration Body shall compile the overall plan of the Natural Reserve jointly with other relevant departments on the basis of the natural environment, the conditions of natural resources and the requirements of protection, and submit to the municipal government for approval before the implementation.

The Administration Body may formulate specific administration measures for the protection of the Natural Reserve in accordance with the overall plan of the Natural Reserve and on the basis of the requirements of the administration of the Natural Reserve, strengthen the administration against the Natural Reserve.

Article 7 The Natural Reserve shall be divided into the core area, the buffer area and the experimental area according to the distribution situation of animal and plant resources and endangered animals and plants, the specific scope shall be prescribed in the overall plan of the Natural Reserve.

The core area shall be closed for purpose of administration, and no unit or individual may enter the core area, except for conducting border protection activities and the scientific surveys approved in accordance with the provisions of laws and regulations.

The buffer area shall be semi-closed for purpose of administration, and non-destructive scientific surveys and improvements of ecological environment may be conducted there after approved by the Administration Body.

The scientific experiments, teaching and practicing and scientific education activities may be conducted in the experimental area after approved by the Administration Body.

Article 8 Constructing infrastructure within the Natural Reserve shall be consistent with the overall plan of the Natural Reserve and satisfy the requirements of low-carbon, protection of the ecological environment and recycling of resources.

The construction of infrastructure within the Natural Reserve shall be limited to those for satisfying the requirements of administration and protection, and no hotels, entertainment or recreational facilities or other facilities that are irrelevant to the protection may be built within the Natural Reserve.

Article 9 No infrastructure or temporary facility may be built with the core area of the Natural Reserve.

The building of infrastructure or temporary facility within the buffer area or experimental area of the Natural Reserve shall, before handling other procedures, be reported to the forestry authority for approval, if it is within Futian Mangrove Area, or reported to both the forestry authority and the oceanic authority for approvals, if it is within the Neilingding Island.

Article 10 To conduct scientific experiments, teaching and practicing and scientific education activities in the Natural Reserve, the relevant party shall submit a written application to the Administration Body for approval.

The Administration Body shall review the application filed by an unit or individual within five working days after receiving the application.  If the application is approved, a pass shall be issued to the relevant party; if it is not approved, the Administration Body shall explain the reason in writing.

Any unit or individual approved to enter the Natural Reserve to conduct scientific experiments, teaching and practicing and scientific education activities shall observe the administration of the Administration Body.

Article 11 When a foreigner enters the Natural Reserve, the reception unit shall handle the procedure in accordance with the Regulation on Natural Reserves of the People's Republic of China and observe the administration of the Administration Body.

Article 12 The people entering the Natural Reserve for scientific experiments, teaching and practicing and scientific education activities shall be subject to the control of total number of people.  The Administration Body may determine the upper limit of people entering the Natural Reserve per day according to the criteria prescribed in the Overall Plan of the Natural Reserve for the control of total number of people and the actual situation of the Natural Reserve.

Article 13 The forestry authority may allocate a zone surrounding Futian Mangrove Area as the protection belt and report it to the municipal government for approval.

The municipal government shall strictly control the development and construction activities within the protection belt surrounding the Natural Reserve and prohibit the new, expanded or renewed construction projects that may impair the living environment of the animals or plants within the Natural Reserve.

Article 14 The Administration Body shall strictly control the introduction of foreign species, so as to protection the local species and the biological diversification.  The Administration Body shall strengthen the supervision and scientific research on the existing foreign species, and prevent the invasion of harmful foreign species.

The Administration Body shall strengthen the prevention and cure of hazards of diseases and pests, so as to maintain the biological safety within the Natural Reserve.

Article 15 It is prohibited to cut down the mangrove or other trees within the Natural Reserve without approval.

It is prohibited to hunt or kill wild animals within the Natural Reserve.

Article 16 It is prohibited to conduct any activity that may affect the growth, inhabitation or breeding of wild animals or plants, including collecting the eggs, capturing the baby birds, destroying the nests, gathering the seeds or herbs, excavating the stone, sand or soil, burning the wild grass, barbecuing, cultivating the field, developing aquaculture, fishing or hunting.

Article 17 It is prohibited to discharge waste gas, waste water, solid wastes or any other pollutant within the Natural Reserve or conduct any activity that may impair the living environment of the animals or plants within the Natural Reserve due to the generation of noise, light pollution or radioactive pollution, etc.

Article 18 It is prohibited to fly kites, Kongming lanterns or any other flying objects that may affect the living of birds in the Natural Reserve and the protection belt surrounding the Natural Reserve.

Article 19 The Administration Body shall strengthen the administration of resources and facilities within the Natural Reserve, set up the fire-fighting and environmental sanitary facilities in the experimental area and build the patrol and inspection system, so as to prevent the pollution of environment and damage of natural resources and prevent the forest fires.

The Administration Body shall set up the landmarks and warning signs in the Natural Reserve; no unit or individual may remove or destroy such landmarks or warning signs without approval.

Article 20 The overlapping zone of Futian Mangrove Area and the warning area of border protection shall be subject to the dual administration mechanism.

The Administration Body shall facilitate the entry for the border protection personnel who need to enter the above overlapping zone frequently by issuing passes to them so that they may enter Futian Mangrove Area by the pass.

The border protection authority shall facilitate the entry for the personnel of the Administration Body who need to enter the above overlapping area frequently by issuing passes to them so that they may enter the warning area of border protection by the pass.

The Administration Body and the border protection authority shall innovate the administration methods and facilitate the entry for personnel of each other into Futian Mangrove Area.

While conducting public activities in the above overlapping zone, the above personnel shall abide by the relevant laws, regulations and rules on the border administration and the administration of Natural Reserve of the State, Guangdong Province and Shenzhen Municipality and observe the administration of the relevant authority.

When any other person wants to enter the above zone, they shall handle the procedure in accordance with the relevant provisions of the State.

Article 21 When the border protection authority performs the border policing or patrol duties, they shall avoid entering the core area of Futian Mangrove Area.

When building the patrol roads, posts, lightning or communication facilities, etc. in the buffer area or the experimental area of Futian Mangrove Area, the border protection authority shall protect the local ecological system, ensure the harmony between these facilities and the natural landscape, and take proper shielding measures. The border protection authority shall consult with the Administration Body for the advice on the building of such facilities.

Article 22 The municipal forestry authority shall delegate the following powers of administrative punishment within the Natural Reserve in accordance with the relevant laws, regulations and these Rules on administration of forest or natural reserve to the Administration Body:

(1) A fine of 1000 RMB shall be imposed for entering the Natural Reserve without approval; a fine of 2000 RMB shall be imposed, if the violator refuses to correct his behavior after being dissuaded; a fine of 2000 RMB shall be imposed, if the person entering the Natural Reserve with approval disobeys the administration and violate the specific administrative measures of the Natural Reserve and refuses to correct his behavior after being dissuaded;

(2) For cutting down mangrove or any other tree without approval, the violator shall be ordered to stop the violation and a fine of  5000 RMB for each mangrove at least 1.5-meter tall, or 3000 RMB for each mangrove 1- to 1.5-meter tall, or 2000 RMB for each mangrove less than 1-meter tall, or 1000 RMB for each other tree shall be imposed; where a suspected crime is constituted, the case shall be referred to judicial organs for handling in accordance with law;

(3) For illegal hunting or killing of wild animals, kill, hunting tools and illegal income shall be confiscated and a fine of 5000 to 10000 RMB shall be imposed; where a suspected crime is constituted, the case shall be referred to judicial organs for handling in accordance with law;

(4) Where there is violation of Article 16,  the violator shall be ordered to stop the violation, a fine of 1000 RMB shall be imposed, if the violator refuses to correct his behavior; if it has cause the Natural Reserve to suffer a damage, a fine of 5000 to 10000 RMB shall be imposed depending on the degree of damage; where a suspected crime is constituted, the case shall be referred to judicial organs for handling in accordance with law;

(5) For removing or destroying any landmark or warning sign without approval the violator shall be ordered to restore the original condition and a fine of 2000 RMB shall be imposed.

Article 23 The municipal oceanic authority shall delegate the powers of administrative punishment within the Neilingding Island in accordance with the Island Protection Law of the People's Republic of China to the Administration Body.

Article 24 If there is any violation of Article 17, the environment protection authority shall order the violator to correct his behavior and a fine of 10000 RMB shall be imposed; if there is any other provision provided by law or regulation, such provision shall prevail.

Article 25 If there is any violation of Article 18 hereof, the urban administration authority shall order the violator to correct its behavior; in case it refuses to correct the behavior, it shall be fined 500 RMB.

Article 26 If any personnel of the Administration Body abuses powers, neglects his duties, or takes advantage of his post for personal purposes, he shall be disciplined by the his unit or the higher authority or the discipline department in accordance with law.  If it may constitute a crime, the case shall be referred to judicial organs for handling in accordance with law.

Article 27 These Rules shall enter into force as of January 20, 2012, and the Administration Rules of Shenzhen Municipality on the Neilingding Island-Futian National Natural Reserve issued by the municipal government of Shenzhen on February 9, 2002 shall be rescinded simultaneously.