Legal Status of the Nominated Site

Legislative Laws, Arts and Relevant Articles that Guarantee the Legal Status of the Nominated Site

Summary of Laws and Regulations that Guarantee the Legal Statue of the Nominated Site

Executive Summery of Main Relevant Laws and Regulations

Constitution of the People’s Republic of China
Article 9 All mineral resources, waters, forests, mountains, grassland, unreclaimed land, beaches and other natural resources are owned by the state, that is, by the whole people, with the exception of the forests, mountains, grasslands, unreclaimed land and beaches that are owned by collective in accordance with the law. The state ensures the rational use of natural resources and protects rare animals and plants. Appropriation or damaging of natural resources by any organization or individual by whatever means is prohibited.

Article 22 The state protects places of scenic and historical Area, valuable cultural monuments and relics and other important items of historical and cultural heritage in China.

Article 26 The state protects and improves the living environment and the ecological environment, and prevents and controls pollution and other public hazards. The state organizes and encourages afforestation and the protection of forests.

Environmental Protection Law of the People’s Republic of China
Article 17 The people’s governments all levels shall take measures to protect regions representing various types of natural ecological systems, regions with a natural distribution of rare and endangered wild animals and plants, regions where major sources of water are conserved, geological structures of major scientific and cultural value, famous regions where karst caves and fossil deposits are distributed, traces of glaciers, volcanoes and hot springs, traces of human history, and ancient and precious trees. Damage to the above shall be strictly forbidden.

Article 19 Measures must be taken to protect the ecological environment while natural resources are being developed or utilized.

Article 23 In urban and rural construction, vegetation, waters and the natural landscape shall be protected and attention paid to the construction of gardens, green land and historic sites and scenic spots in the cities in the light of the special features of the local natural environment.

Law of the People's Republic of China on the Protection of Wildlife
Article 6 The governments of all levels shall strengthen the administration of wildlife resources and formulate plans and measures for the protection, development and rational utilization of wildlife resources.

Article 8 The State shall protect wildlife and the environment for its survival, and shall prohibit the illegal hunting, catching or destruction of wildlife by any unit or individual.

Article 9 The state shall give special protection to the species of wildlife which are rare or near extinction. The wildlife under special state protection shall consist of two classes: wildlife under first class protection and wildlife under second class protection. Lists or revised lists of wildlife under special state protection shall be drawn up by the department of wildlife administration under the State Council and announced after being submitted to and approved by the State Council.

Forestry Law of the People's Republic of China
Article 24 The competent department of forestry under the State Council and the people’s governments of provinces, autonomous regions and municipalities directly under the Central Government should delimit nature reserves and step up protection and administration in typical forest ecological regions, forest regions where in rare and precious animals and plants grow and breed (multiply), natural tropical rain forest regions and other natural forest regions with special value of protection in different natural belts.

Article 25 Hunting and catching of wild animals under state protection in forest regions are prohibited; where hunting and catching are necessitated for special requirements, they shall be handled pursuant to relevant state provisions.

Water Law of the People’s Republic of China
Article 5 The state shall protect water resources and adopt effective measures to preserve natural flora, plant trees and grow grass, conserve water sources, control water and soil losses and improve the ecological environment.

Regulations of the People’s Republic of China Concerning Scenic Spots
Article 24 the landscapes and natural environments in scenic spots should be strictly protected and should not be damaged or changed randomly, according to the principle of sustainable development. Managing agencies of scenic spots should establish and improve every managing system concerning the protection of scenic resources. The residents and visitors inside scenic spots should protect the landscapes, water, grass and forests, wildlife and infrastructures.

Article 25 Management Agencies of national parks should do investigations and identifications on important landscapes inside national parks and establish relevant protective measures.

Article 26 The activities are forbidden in national parks as:
(1) some activities which could destroy the landscapes, vegetations and landforms, such as digging mountains, quarrying, mining, wild land reclamation, build graves and steles;
(2) building infrastructures for storing explosive, flammable, radioactive, toxic, corrosive objects;
(3) carving and smearing on sceneries and infrastructures;
(4) littering.
Article 27 It is forbidden to disobey plans of national parks and to set up each kind of development zone within national parks and to build the hotels, rest houses, training centers, nursing homes, as well as other constructions which are irrespective with the protection of scenic resources in the core area; buildings already constructed, should be moved out gradually in accordance with national park plans.
Article 30 Architectures in scenic spots should be in accordance with the plan of scenic spots and be in harmony with landscapes. They can not destroy landscapes, pollute environments and affect visiting.

Regulations of the People’s Republic of China on Nature Reserves
Article 10 In the areas which meet one of the following requirements, a nature reserve shall be established:
(1) typical physiographic areas with representative natural ecosystems, and those similar areas where the natural ecosystems have been damaged to some extent, but can be restored through proper protection;
(2) areas with a natural concentrated distribution of rare and endangered wild animal or plant species; (3) those areas which are of special protection value, such as marine and coastal areas, islands, wetland, internal water bodies, forests, grassland and deserts;
(4) natural remains which are of scientific or cultural value, such as geological structures, famous karst caves, fossil distribution areas, glaciers, volcanoes, and hot springs;
(5) other natural regions requiring special protection by the approval of the State Council or the people’s governments of provinces, autonomous regions or municipalities directly under the central government.

Article 14 The range and boundary of nature reserves shall be determined by the people’s government responsible for the approval of the establishment. The boundaries of nature reserves shall be indicated and announced to the public. The determination of the range and boundaries of nature reserves shall be given consideration to the integrity and suitability of the protected object as well as the needs of local economic construction, the production activities and the everyday lives of local residents.

Article 18 Nature reserves may be divided into three parts: the core area, buffer zone and experimental zone. The intact natural ecosystems and the areas where the rare and endangered animals or plants are concentratedly distributed within nature reserves, shall be included in the core area into which no units or individuals are allowed to enter. Scientific research activities are generally prohibited in the core area except for those approved.

Article 26 In nature reserves, such activities as felling, grazing, hunting, fishing, gathering medicinal herbs, reclaiming, burning, mining, stone quarrying and sand dredging etc., shall be prohibited unless it is otherwise provided by relevant laws and regulations.

Article 27 Certain amount of area surrounding the core area may be designated as the buffer zone, where only scientific observations and other research activities are allowed. The area surrounding the buffer zone may be designated as the experimental zone, where may be entered for various activities such as scientific experiment, educational practice, visit and investigation, tourism, and the domestication and breeding of rare and endangered wild animal or plant species. If the people’s government responsible for the approval of the establishment of the nature reserves thinks it necessary, certain amount of area surrounding the nature reserve may be designated as the outer protection area.

Provisions for Administration on Protection of Geological Relics
Article 7 The following geological relics should be protected.

First, typical stratotype sections, sections reflecting fossils groups, formations sections of lithological character and face, and typical geological formations sections and traces, which are of great scientific research values for ascending geological history.

Second, fossils and fossil localities about ancient human, ancient vertebrates, invertebrates, microfossils, old-age trees and historical remains ancient creatures, which are of great scientific and culture research values for geological evolution and creatures.

Third, Geological landscapes such as karst, Danxia, loess, Yadan, granite peaks, quartz peaks, volcanoes, icebergs, aerolites, singing sands and seacoasts etc., which are of great scientific and appreciation values.

Four, rocks, minerals, bowlders and their localities, which are of special scientific and appreciation values.

Five, hot springs, mineral springs, pulp, marks of underground water which are of special medical or scientific values. Waterfalls, lakes and strange springs which are of special geological significances.
Article 17 No units or individuals shall quarry, get soil, mine, graze animals, cut trees and do other activities which are harmful to the protected objects. It is forbidden to collect samples and fossils without allowance of managing agencies inside the reserve.

Article 18 workshop and other architectures that have nothing to do with geological relic protection are not allowed to be built inside reserves. Some infrastructures already constructed which might pollute or damage geological relics should be moved out in certain period.

Measures of Guizhou Province Concerning Scenic Spots
Article 18 natural water systems inside scenic spots should be protected according to plans of scenic spots or other plans.

No units or individuals shall wall up water area, use the water exceeding the capacity of the water and change the existing water use without allowance or to letter polluted water, rubbish and other contaminations into the water.

Wastes let from scenic spots should be in accordance with the state letting standard and should be let in appointed place.

Article 19 managing systems in scenic spots should protect ecological environment inside, and conserve entironment for plants and animals.

Article 21 Some business are forbidden in scenic spots as below:
(1) occupying scenic resources and land inside scenic spots illegally and change features of scenic resources and land inside scenic spots without allowance;
(2) actions that may damage landscapes, vegetation and landforms such as quarrying, sand excavation, and depict or smear on sceneries or infrastructures;
(7) smoking, playing firecracker and setting up campfire in woods.
(8) littering;
(9) other activities that possibly damage the resources of scenic spots.

Measures of Fujian Province Concerning Scenic Spots (Draft)
Article 15 Every unit and individual in the Scenic Spots shall consciously comply with related regulations and protect scenery, forest and environment in the Scenic Spots.

Article 16 Forest in scenic spots are forbidden to be cut down. For those forests that essentially need to be cut down for construction and renewal, the permission from scenic spots administration departments shall be received and go through related procedures. Without the permission of Scenic Spots administration departments, any one cannot collect wildlife specimen, wild medicinal herbs and forest by-product.

Article 17 The protection of wild life habitat environment in Scenic Spots shall be strengthened. Forbid hurting and hunting wild life in Scenic Spots.

Article 18 It is prohibited to collect stone, dig sand and soil, destroy vegetation, deforested-land reclamation, reclamation of land from the lake, build tomb and related sabotages.

Measures of Fujian Province on Protection of China Danxia Natural Heritage
Article 6 All units and individuals shall have the obligation to protect the natural heritage resources of China Danxia Landscape and shall have the right to refrain to and report on which actions will damage the resources.

Article 9 In the natural heritage area of China Danxia, it is prohibited to do any constructing activities that will damage the heritage. If it is necessary to be built, the item shall be in accordance with the protection and management plan of China Danxia Landscape Natural Heritage and then apply for the approval of relative laws. Then the item will be implemented.

Article 10 In the buffer zones of China Danxia Landscape Natural Heritage, all construction activities shall be in accordance with the protection and management plan of China Danxia Landscape Natural Heritage, and the layout, scale, height, shape, material, color, and so on should be in harmony with China Danxia Landscape natural heritage and its ecological environment. Then the items will be implemented.

Article 11 Those original buildings which do not conform to the protection and management planning of China Danxia Natural Heritage, damage the landscape, affect the ecology, and prejudice the safety and pollute the environment should be cleared, rectification or removed in a deadline.

Article 19 In the protection areas of China Danxia Landscape Natural Heritage, those activities should be prohibited such as quarrying, cutting tree, mining, prospecting mineral, reclamation land, shearing turpentine, collecting wild landscape plants, building graves and steles and so on, which will damage the landscape, vegetation and landform.

Measures of Zhejiang Province Concerning the Management of Scenic Spots
Article 7 Governments of City (or County) shall organize some relative agencies to set up landmarks along the outlines of scenic spot and peripheral protective zone and identify the area.

Article 8 scenic resources should not be remised or remised in disguised form. The establishments of development zone, resort are forbidden inside scenic spots. Land inside scenic spots should not be remised or remised in disguised form.

Article 12 landforms inside scenic spots should be strictly protected, activities that may damage landforms such as quarrying, mining, sand and soil collecting, building tombs etc. should be forbidden without allowance of relative administrative sections and scenic spots managing agencies.

Article 13 trees inside scenic spot and peripheral protective zone shall be managed in accordance with relative plans. Forests in scenic spots are forbidden to be cut down. For those essentially need cutting forest for construction and renewal, shall receive the permission from Forestry departments in accordance with laws and go through related procedures. The behaviors of the collection of specimen, wild medicinal materials and other forest byproducts should be permitted by relevant authorities and authorities of scenic spots, and are taken at appointed place with limit amount.

Measures of Hunan Province Concerning Scenic Spots
Article 24 The landscapes and natural environment in the scenic spot shall be strictly preserved based on the principle of sustainable development and cannot be destroyed and casually changed. The authorities of scenic spots shall establish sound administration policies of scenic spot protection. The residents and tourists in scenic spots shall protect the landscape, water, vegetation, wildlife and facilities.

Measures of Guangdong Province Concerning Scenic Spots
Article 22 Authorities in scenic spots shall set up landmarks along the outlines of scenic spot and peripheral protective zone and identify the area.

Article 23 Authorities in scenic spots shall register all ancient structures, gardens, histrionic relics, old valuable trees and set up signs for necessary protection.

Article 24 The behaviors of the collection of specimen, wild medicinal materials and other forest byproducts should be permitted by relevant authorities and authorities of scenic spots, and are taken at appointed place with limit amount.

Article 25 The behaviors by which land of scenic spots are occupied are strictly forbidden. The establishments of development zone, resort, hospital, industrial or mineral enterprise, warehouse and freight yard are forbidden. Besides, it is forbidden that damage of cultural relics and landscapes in scenic spots. Furthermore, the emission of over-standard wastewater, gas, noise and solid waste to scenic spots is also forbidden.

Article 26 Some business are forbidden in scenic spots as below:
(1) sand excavation, quarrying and borrowing;
(2) reclamation, inning, pond-filling and tomb construction;
(3) hunting and harming of wildlife;
(4) scribbling, writing, carving and drawing on landscapes and facilities;
(5) cutting of ancient valuable trees;
(6) casual abandonment of waste; climbing up trees, bamboos and breaking flowers and grass; firing and smoking in fire-forbidden zone;
(7) setting up ads, occupying and offering for sale in main spots.

Provisional Regulations Concerning the Management of Chishui National Park
Article 5 All units or individuals in the National Park should obey the unified management of the administration and cherish the resources, environment and infrastructures in national parks, and abide by relative regulations.

Article 10 The protection of scenic resources, including trees, mountains and rocks, water, wild animals, atmosphere and human landscapes should be strengthened, not be destroyed and polluted.

Detailed Rules Concerning the Management of Chishui Alsophila spinuloso National Nature Reserve
Article 4 All companies and individuals are forbidden to damage the natural environment. The activities strictly prohibited are as follows: felling, grazing, hunting, fishing, gathering medicinal herbs, reclaiming, burning, mining, stone quarrying and sand dredging, building outdoor fires, blasting operations and taking wild animals and plants out of the nature reserve.

Article 5 Every company and individual must protect the signs, equipment and facilities of the nature reserve. It is forbidden to damage the signs, landmarks, boundary stones, roads and railings, to smoke in the field and leave litter and garbage behind.

Article 6 The following activities can only be implemented after the examination and the agreement of the administrative office of the nature reserve and reported to the Environment Protection Department of Guizhou or the Ministry of Environmental Protection for approval:
(1). Activities with indispensable scientific research carried out in the zone;
(2). Nondestructive scientific research, teaching, educational practice and specimens collection in the buffer zone;
(3). Foreigners’ entering the buffer zone for scientific research and observation;
(4). Collecting and hunting of national class Ⅰ, class Ⅱ and class Ⅲ protected and endangered or unique wild animals and plants for specimens.

Provisions concerning the Protection and Management of Cultural Relics in Zhejiang Province
Article 19 Unmovable cultural relics shall be adopted the protection principle of the original sites. Without the approval of relative laws, the sites can not be moved and dismantled.

Article 20 Those repairing, maintenance, moving and using unmovable cultural relics must observe the principle of keeping the cultural relics in their original state, and may not damage, reconstruct or extend them.

The protection construction work to the cultural relics should be in accordance with the project design scheme which has been approval by the administrative department concerning the cultural relics. If change the important contents of the engineering design which has been approved, there must be approved by the original approval authority.

Article 22 The local people's governments at and above the county level shall delimit the necessary scopes of protection of the cultural relics within a year from the date of the approval the protection sites of the cultural relics. According to the needs for the protection of cultural relics, certain areas for construction control may be delimited around the sites.

When protection scopes and certain areas for construction control of the cultural relics are delimited, the safety shall be ensured and the historical features shall be kept the integrity. Before the delimiting the opinions of the relevant departments concerning protection for the cultural relics and adjacent interested parties shall be asked.

Provisions of Hunan Province on Protection of Langshan Scenic Spots
Article 5 The People’s Government of Hunan Province and the People’s Government of Shaoyang shall strength the leadership of protecting of the Mt. Langshan Scenic Spots. The People’s Government of Ningxin County is responsible for the protection and administration of Mt. Langshan Scenic Spots. The People’s Government of Hunan Province establishes administration management department directing and supervising the protection of Mt. Langshan Scenic Spots. Land, forest, environmental protection and other related administration departments shall accomplish their job of Mt. Langshan Scenic Spots protection according to their own responsibilities.

Article 10 Any unit or individual cannot encroach, sell or illegally transfer the scenery, heritage resource and land.

Article 11 Protection policies of Mt. Langshan Scenic Spots landform resource shall be made, avoiding geological hazard and maintaining the integrity of Danxia landform. Strictly control the Rock-climbing activity inside the Mt. Langshan Scenic Spots. Rock-climbing activities are prohibited without permission.

Article 14 Environment, forest and Water Conservancy administration department shall strengthen the monitoring of environment quality and supervising the environment protection, strictly protecting the natural ecology environment of Mt. Langshan Scenic Spots.

Article 15 The old buildings, tombs and heritages in Mt. Langshan Scenic Spots shall be registered, establishing document and labeled and protected.

Provisions of Jiangxi Province on Longhushan-Guifeng Peak National Park
Article 4 Carrying out the principles of scientific planning, unified management, strict protection and sustainable development for the Scenic Spots, realizing the uniform of ecology, society and economic interests.

Article 5 People’s Government of Yingtan and People’s Government of Shangrao separately establish administration department for Scenic Spots management, and are responsible for the protection, utilization and uniform management of their own Scenic Spots according to related laws, regulations and this Provision.

Article 14 Danxia landform and natural environment in scenic spots shall comply with the sustainable regulation, strictly protect and cannot be destroyed or changed.

The administration departments shall establish sound environment protection, animal protection, plant protection, harmful biological control, forest fire prevention, soil and water conservation, construction, safety management, hygiene management and other protection administration policies.

Article 17 It is prohibited to violateIntegrated Plan and Detailed Plan of the scenic spots, to construct any kinds of development zone and hotels, training centre, sanatorium, or other unrelated constructions.

Article 26 People’s Government of Yingtan, Shangrao and authorities in scenic spots shall support, guide and help the villages, group and villagers inside the scenic spots or protection zone, utilizing the advantage of natural resource to develop ecological agriculture, ecological forest and tourism service; lower the pollution of agrochemicals, improving the ecological environment, beautifying the tourism environment.

Interim Measures for Administration of Jiangshan City on Scenic Spots
Article 6 People’s Government of Jiangshan City shall organize some relative agencies to set up landmarks along the outlines of scenic spot and peripheral protective zone and identify the core area.

Article 7 Basing on some relative laws, regulations and their own responsibilities, the administrative agencies of Jiangshan City should do the job of afforestation, forests protection, fire preventing, water and entironment protection, environment pollution preventing etc. and protect the habitats of wildlife.

Article 8 basing on some relative laws, regulations and their own responsibilities, the administrative agencies of Jiangshan City should carry on activities about the investigation, registering, setting files, implementing protecting and managing measures on scenic resources such as ancient architectural, gardens, carved stones, relics, old trees an so on.

Article 9 landforms inside scenic spots should be strictly protected, activities that will damage landforms such as quarrying, mining, sand and soil collecting, building tombs etc. should be forbidden without allowance of relative administrative sections and scenic spots managing agencies.

Provisional Regulations Concerning the Management of Jianglangshan National Park in Zhejiang Province
Article 22 landforms inside scenic spots should be strictly protected, activities that will damage landforms such as quarrying, mining, sand and soil collecting should be forbidden without allowance of relative administrative sections and scenic spots managing agencies. Any sorts of nursing homes, rest houses, hotels, singing and dancing halls should not be newly built or enlarged.

Article 23 protective measures to landform resources inside scenic spots should be taken to prevent disasters and protect the integrity and uniqueness of Danxia landforms.

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