Chapter III Planning of Regulations on the Administration of Scenic Spots in Sichuan Province

The overall planning of scenic spots should reflect the requirements of harmonious coexistence between man and nature, coordinated regional development and all-round economic and social progress, adhere to the principle of giving priority to protection and development, and highlight the natural characteristics, cultural connotations and local characteristics of scenic spots.

The overall planning of scenic spots shall include the following contents:

(1) Evaluation of scenic resources;

(two) ecological resources protection measures, the layout of major construction projects, and the intensity of development and utilization;

(three) the functional structure and spatial layout of scenic spots;

(4) Prohibiting development and limiting the scope of development;

(five) the tourist capacity of the scenic spot;

(6) Relevant special plans.

Scenic spots should complete the overall planning within 2 years from the date of establishment. The planning period of the master plan is generally 20 years.

The overall planning of scenic spots should carry out environmental impact assessment according to law. Detailed planning of scenic spots should be compiled according to the different requirements of core scenic spots and other scenic spots, determine the site selection, layout and scale of construction projects such as infrastructure, tourism facilities and cultural facilities, and clarify the scope of construction land and planning and design conditions.

The detailed planning of scenic spots shall conform to the overall planning of scenic spots. The overall planning of scenic spots should be connected with the national economic and social development planning, urban and rural planning and the overall planning of land use, and conform to the relevant national technical norms and standards.

The planning of towns, townships and villages in scenic spots should be coordinated with the planning of scenic spots. The planning of national scenic spots shall be organized by the administrative department of construction of the provincial people's government; The planning of provincial scenic spots shall be organized by the local people's governments at the county level.

The planning of scenic spots across administrative regions shall be organized by the people's government applying for the establishment of scenic spots or its construction administrative departments. The planning of scenic spots shall be undertaken by units with corresponding qualification grades through fair competition such as bidding and comparison according to law:

(a) the overall planning and detailed planning of national scenic spots shall be compiled by units with Grade A urban planning or landscape architecture qualification certificates;

(2) The overall planning and detailed planning of provincial-level scenic spots shall be compiled by units with the qualification certificate of urban planning or landscape architecture above Grade B. The planning of scenic spots shall solicit the opinions of relevant state organs, social organizations, enterprises and institutions, the public and experts; Involving major public interests or having a major interest in others, a hearing shall be held.

The materials submitted for examination and approval of the planning of scenic spots shall include the opinions of relevant parties and all sectors of society, as well as the adoption of opinions and the reasons for not adopting them. The examination and approval of the overall planning and detailed planning of scenic spots shall be implemented in accordance with the Regulations of the State Council Municipality on Scenic Spots.

After the planning of scenic spots is approved, it shall be announced to the public through various media according to law, and any organization or individual has the right to consult it. Units and individuals in scenic spots shall abide by the planning of scenic spots and obey the planning and management.

If the implementation of the planning of scenic spots causes losses to the owners and users of natural resources such as land and forest land and property such as houses in the scenic spots, compensation shall be given according to law. It is forbidden to set up various development zones in scenic spots, and it is forbidden to build hotels, guest houses, training centers, nursing homes and other buildings and structures unrelated to the protection of scenic resources in core scenic spots; If it has been built, it should be gradually dismantled or moved out in accordance with the planning of scenic spots, and compensation should be given according to law.

It is forbidden to rent or transfer scenic resources and scenic spots. Scenic area management agencies shall, jointly with the relevant departments of the people's government where the scenic area is located, establish and improve rules and regulations on afforestation, closing hillsides to facilitate afforestation, forest protection and fire prevention, pest control, etc., implement various management responsibility systems, and conduct tending management according to the planning requirements.

Trees in scenic spots belong to special-purpose forests. It is strictly forbidden to cut down trees in historical scenic spots; If it is really necessary to cultivate and renew the cutting of scenic forests, the forestry administrative department of the local people's government shall solicit the opinions of the scenic area management agencies before approval, and handle it in accordance with the provisions of relevant state laws and regulations. The following activities are prohibited in scenic spots:

(a) the reception of tourists exceeds the capacity determined by the overall planning of the scenic spot;

(two) illegal occupation of land in scenic spots;

(three) engaged in quarrying, digging sand and soil, reclaiming land from lakes, mining and reclamation, repairing graves and erecting monuments and other activities. Change the landform and destroy the environment and landscape;

(4) Cutting down and destroying ancient and famous trees;

(five) unauthorized graffiti on the landscape and public facilities;

(six) smoking and lighting a fire in a no-fire area;

(7) Hunting and injuring all kinds of wild animals;

(eight) climbing trees, bamboo, flowers and plants;

(nine) littering in waters or land;

(ten) open livestock, illegal grazing;

(eleven) other acts that damage the landscape, ecology and environmental sanitation. Scenic area management agencies and local people's governments and relevant departments shall establish and improve fire prevention organizations and improve fire prevention facilities.

Scenic area management agencies and people's governments and relevant departments where scenic areas are located shall, in accordance with the provisions of laws and regulations, strictly protect ancient buildings, ancient gardens, stone carvings and other cultural relics, historical and cultural blocks, relics, sites and other cultural landscapes and their environment in scenic areas, regularly maintain them, do a good job in management, establish and improve the responsibility system, and implement measures such as fire prevention, lightning protection, flood control, earthquake prevention and termite prevention. Construction activities in scenic spots should be carried out in accordance with the planning of scenic spots.

Construction projects that conform to the planning of scenic spots shall be audited by the management agencies of scenic spots, and the site selection opinions, construction land planning permits, construction project planning permits and construction project construction permits shall be handled according to law.

Scenic area management agencies shall cooperate with the administrative department of construction of the people's government where the scenic area is located to do a good job in the quality and safety supervision and completion acceptance of construction projects.

The site selection, architectural design and construction scheme of rural housing construction shall be audited by the management agencies of scenic spots, and if it conforms to the planning of scenic spots, the planning and construction permit shall be handled according to law. Scenic area construction projects shall be approved in accordance with the following provisions:

(1) The site selection scheme for major construction projects such as roads, ropeways, cable cars, large-scale cultural facilities, sports facilities and recreational facilities, hotels and landmark buildings with signs of scenic spots in national scenic spots shall be proposed by the scenic spot management agencies and submitted to the construction administrative department of the provincial people's government for review. According to the prescribed procedures reported to the the State Council municipal construction administrative department for approval, go through the relevant project procedures. Its design scheme is approved by the construction administrative department of the provincial people's government;

(2) Other construction projects in the national scenic spots that conform to the planning, and the site selection and design scheme of major construction projects such as roads, ropeways, cable cars, large-scale cultural facilities, sports facilities and entertainment facilities, hotels and landmark buildings with signs of scenic spots. , proposed by the scenic area management agencies, submitted to the provincial people's government construction administrative departments for approval;

(three) other construction projects in line with the planning of provincial scenic spots, the site selection and design scheme should be put forward by the scenic spot management agencies, and reported to the municipal (state) people's government construction administrative departments for examination and approval. Responsibilities of scenic area management agencies:

(a) to publicize and implement the national laws and regulations on scenic spots, ethnic groups, religions, cultural relics, forestry, land and resources, environmental protection, tourism, safety and other aspects;

(two) to protect the scenic resources and ecological environment, maintain the natural features and cultural landscape of scenic spots, and make rational use of scenic resources;

(three) to assist in the preparation of the overall planning and detailed planning and organize their implementation, and to conduct a preliminary examination of the new, expanded and rebuilt projects in the scenic spots according to the overall planning and report them according to the procedures;

(four) the construction, maintenance and management of scenic infrastructure and public facilities, standardize the setting of scenic signs, safety warnings and other signs;

(five) to formulate the management system of scenic spots, the prevention mechanism and emergency plan for safety accidents and emergencies, and to be responsible for the safety, environmental sanitation, public security and service industry management of tourists in scenic spots;

(six) according to the plan to organize and help the residents of scenic spots to develop production and service undertakings with local characteristics, protect the traditional culture of ethnic minorities, and stop and limit the production undertakings that destroy the landscape and pollute the environment;

(seven) to organize and be responsible for the bidding and signing of business projects in scenic spots, and to supervise the units and individuals engaged in business activities in scenic spots to operate according to law;

(eight) responsible for the sale of scenic spots tickets, collect fees paid for the use of scenic resources;

(nine) according to the characteristics of scenic resources, introduce the characteristics of scenic spots at home and abroad, inside and outside the province;

(ten) do a good job in the construction and management of the scenic spot supervision information system; Timely release tourism-related information such as weather and visibility in scenic spots; Establish and improve the file system and investigation and statistics, submit relevant information on time according to regulations, form complete information and keep it properly;

(eleven) to guide the operating enterprises in scenic spots to do a good job in employee training management, and to conduct emergency training for employees in natural disasters and safety accidents on a regular basis to improve the quality of employees. Scenic area management agencies shall not engage in profit-making business activities, and shall not entrust administrative functions such as planning, management and supervision to enterprises or individuals.

The staff of the management organization shall not work part-time in the enterprises in the scenic area. The project management of scenic spots refers to the activities of citizens, legal persons or other organizations to obtain the investment and management rights of the whole or individual projects of scenic spots with compensation in accordance with the provisions of these regulations and other relevant laws and regulations.

The business projects of the scenic spot include transportation, catering, accommodation, commodity sales, entertainment, photography, video, outdoor advertising and tourism services within the scenic spot, except for the business activities of religious activity places. The types, standards, conditions, duration and scope of specific business projects in scenic spots shall be drawn up by the scenic spot management agencies and submitted to the construction administrative departments of local people's governments at or above the county level for examination and approval.

The business plan of major projects such as traffic in scenic spots shall be organized and implemented only after the construction administrative department of the provincial people's government organizes relevant departments and experts to conduct feasibility demonstration and review and approval. Scenic area management agencies in accordance with the relevant laws, regulations and scenic area planning, determine the project operators through fair competition such as bidding, and sign business contracts with the project operators to determine their respective rights and obligations according to law.

Major project management contracts shall be submitted to the construction administrative department of the provincial people's government for the record. Any unit or individual that has not obtained the right to operate a scenic spot project shall not engage in business activities in the scenic spot.

Units and individuals that have obtained the right to operate scenic spots projects shall not change or exceed the business location, scope, time limit and charging standards agreed in the contract; Major projects shall not be closed without authorization. Ticket income and paid use fees of scenic resources shall be managed in accordance with relevant laws and regulations.

The ticket income and paid use fees of scenic spots should be used exclusively for the protection and management of scenic spots and their resources, as well as compensation for the losses of property owners and users in scenic spots. The specific management measures shall be formulated by the provincial people's government in accordance with relevant state laws and regulations.

Scenic spot ticket prices should be preferential for the elderly, active servicemen, disabled people and students at school, and the specific preferential measures shall be formulated by the provincial people's government. In violation of the provisions of the first paragraph of Article 43 of this Ordinance, units and individuals that have not obtained the right to operate scenic spots projects engage in business activities in scenic spots without authorization, the scenic spot management agencies shall order them to make corrections, give them criticism and education, and impose a fine of 5000 yuan to 65438 yuan.

Units and individuals that have not obtained the right to operate scenic spots without authorization shall be ordered by the construction administrative department of the local people's government at or above the county level to make corrections within a time limit. If there is illegal income, the illegal income shall be confiscated and a fine of not less than 50 thousand yuan but not more than 200 thousand yuan shall be imposed. In violation of the provisions of the second paragraph of Article 43 of these regulations, if the units and individuals that have obtained the right to operate scenic spots change or exceed the business location, scope, duration and charging standards agreed in the contract, the scenic spot management agency shall order them to make corrections within a time limit, and if there are illegal gains, the illegal gains shall be confiscated and a fine of 100 yuan to 2,000 yuan shall be imposed.

Change or exceed the business location, scope, duration and charging standard agreed in the contract to operate major projects, or suspend business without authorization, and impose a fine of 1 0,000 yuan but not more than 50,000 yuan; If the circumstances are serious, the project operation contract shall be terminated. In violation of the provisions of this Ordinance, any of the following acts shall be ordered to make corrections by the local people's government at or above the county level that set up the scenic spot management agency; If the circumstances are serious, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions; If the case constitutes a crime, criminal responsibility shall be investigated according to law:

(a) illegal rental, transfer of scenic resources and scenic spots;

(two) to raise the fees for the paid use of tickets and scenic resources without authorization;

(three) abuse of power, dereliction of duty caused serious consequences. The meanings of relevant terms in this Ordinance:

(1) Scenic resources refer to natural landscapes, cultural relics and historic sites, revolutionary memorial sites, historical and cultural blocks, scenic spots and historic sites, gardens, buildings and engineering facilities with ornamental, cultural or scientific value, as well as human landscapes, environment and customs.

(2) Scenic spots refer to areas with concentrated scenic resources, beautiful natural environment, certain scale and tourist conditions, which are announced and demarcated with the approval of the people's government of the State Council or the province for people to visit, watch, rest and carry out scientific and cultural activities. These Regulations shall come into force on August 20 10, 65438. 1The Regulations on the Administration of Scenic Spots in Sichuan Province adopted at the 9th meeting of the Standing Committee of the Eighth People's Congress of Sichuan Province on May 28th, 994 shall be abolished at the same time.