Scenic Area Regulations of Scenic Area Management Regulations

Article 1: These regulations are formulated in order to strengthen the management of scenic spots and effectively protect and rationally utilize scenic spots resources.

Article 2 These regulations shall apply to the establishment, planning, protection, utilization and management of scenic spots.

The term “scenic spots” as mentioned in these Regulations refers to areas with ornamental, cultural or scientific value, relatively concentrated natural and cultural landscapes, beautiful environment, and where people can visit or conduct scientific and cultural activities.

Article 3: The state implements the principles of scientific planning, unified management, strict protection, and sustainable utilization of scenic spots.

Article 4: The scenic spot management agency established by the local people's government at or above the county level where the scenic spot is located is responsible for the protection, utilization and unified management of the scenic spot.

Article 5: The construction department of the State Council is responsible for the supervision and management of scenic spots nationwide. Other relevant departments of the State Council shall be responsible for the relevant supervision and management of scenic spots in accordance with the division of responsibilities stipulated by the State Council.

The construction departments of the people's governments of provinces and autonomous regions and the scenic spots departments of the people's governments of municipalities directly under the Central Government are responsible for the supervision and management of scenic spots within their respective administrative regions. Other relevant departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall be responsible for the relevant supervision and management of scenic spots in accordance with the prescribed division of responsibilities.

Article 6: All units and individuals have the obligation to protect scenic and historic resources and have the right to stop and report acts that damage scenic and historic resources. Article 7 The establishment of scenic spots shall be conducive to the protection and rational utilization of scenic spots resources.

Newly established scenic spots and nature reserves shall not overlap or intersect; if already established scenic spots overlap or intersect with nature reserves, the planning of scenic spots and nature reserves shall be coordinated.

Article 8 Scenic spots are divided into national-level scenic spots and provincial-level scenic spots.

If natural landscapes and cultural landscapes can reflect important natural change processes and major historical and cultural development processes, are basically in a natural state or maintain their historical original appearance, and are nationally representative, they can apply for the establishment of national-level scenic spots; if they have regional For representative ones, you can apply for the establishment of provincial-level scenic spots.

Article 9 When applying for the establishment of a scenic spot, relevant materials containing the following contents shall be submitted:

(1) The basic status of the scenic spot resources;

(2) The scope of the proposed scenic spot and the scope of the core scenic spot;

(3) The nature and protection objectives of the proposed scenic spot;

(4) The conditions for visiting the proposed scenic spot;

(5) The contents and results of negotiations with the owners and users of land, forests and other natural resources and houses and other properties within the proposed scenic area.

Article 10 To establish a national scenic spot, the people's government of a province, autonomous region, or municipality directly under the Central Government shall submit an application, and the construction department of the State Council shall organize a demonstration together with the environmental protection department, forestry department, cultural relics department and other relevant departments of the State Council. , put forward review opinions, and submit them to the State Council for approval and publication.

To establish a provincial-level scenic spot, the county-level people's government shall submit an application. The construction department of the people's government of the province or autonomous region or the scenic spot department of the people's government of the municipality directly under the Central Government shall, together with other relevant departments, organize demonstrations, put forward review opinions, and report The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government approve and publish it.

Article 11: The legitimate rights and interests of owners and users of land, forests and other natural resources and houses and other properties within scenic areas are protected by law.

The people's government that applies for the establishment of a scenic spot shall fully consult with the owners and use rights holders of land, forests and other natural resources and houses and other properties within the scenic spot before applying for approval.

If the establishment of a scenic spot causes losses to the owners or users of land, forests and other natural resources and houses and other properties within the scenic spot, compensation shall be provided in accordance with the law. Article 12 Scenic area planning is divided into overall planning and detailed planning.

Article 13 The preparation of the overall plan for scenic spots shall reflect the requirements of harmonious coexistence between man and nature, coordinated regional development and overall economic and social progress, adhere to the principle of giving priority to protection and subordinate development to protection, and highlight scenic spots. The natural characteristics, cultural connotation and local characteristics of the resources.

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

(1) Scenic resource evaluation;

(2) Ecological resource protection measures, layout of major construction projects, Intensity of development and utilization;

(3) Functional structure and spatial layout of scenic spots;

(4) Scope of prohibited development and restricted development;

(5) ) Tourist capacity of scenic spots;

(6) Relevant special planning.

Article 14: A scenic spot shall prepare and complete an overall plan within 2 years from the date of its establishment. The planning period of a master plan is generally 20 years.

Article 15 Detailed planning of scenic spots shall be prepared according to the different requirements of core scenic spots and other scenic spots, determine the location, layout and scale of infrastructure, tourist facilities, cultural facilities and other construction projects, and specify the construction Land use scope and planning and design conditions.

The detailed planning of the scenic area shall conform to the overall planning of the scenic area.

Article 16: The planning of national-level scenic spots shall be organized and compiled by the construction administrative department of the people's government of the province or autonomous region or the scenic spot administrative department of the people's government of a municipality directly under the Central Government.

Provincial-level scenic spot planning is organized and compiled by the county-level people's government.

Article 17: When preparing plans for scenic spots, bidding and other fair competition methods should be used to select units with corresponding qualification levels.

Scenic and historic area planning shall be prepared in accordance with the approved scope, nature and protection objectives of the scenic and historic area, and in accordance with relevant national laws, regulations and technical specifications.

Article 18: When preparing plans for scenic spots, opinions from relevant departments, the public and experts should be extensively solicited; when necessary, hearings should be held.

The materials submitted for approval of scenic area planning should include the opinions of all sectors of society, the status of their adoption, and the reasons for failure to adopt them.

Article 19: The overall planning of national scenic spots shall be reviewed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government and then submitted to the State Council for approval.

The detailed planning of national-level scenic spots shall be submitted to the construction department of the people's government of the province or autonomous region or the scenic spot department of the people's government of a municipality directly under the Central Government for approval by the construction department of the State Council.

Article 20: The overall planning of provincial scenic spots shall be reviewed and approved by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government and reported to the construction department of the State Council for filing.

The detailed planning of provincial scenic spots shall be examined and approved by the construction department of the people's government of the province or autonomous region or the scenic spot department of the people's government of a municipality directly under the Central Government.

Article 21: After approval, the planning of scenic spots shall be announced to the public, and any organization or individual shall have the right to inspect it.

Units and individuals within the scenic area shall abide by the approved planning of the scenic area and submit to planning management.

Without approval of the scenic area planning, various construction activities shall not be carried out in the scenic area.

Article 22: The approved planning of scenic spots shall not be modified without authorization. If it is really necessary to modify the scope, nature, protection objectives, ecological resource protection measures, layout of major construction projects, development and utilization intensity, and the functional structure, spatial layout, and tourist capacity of the scenic area in the overall planning of the scenic area, the original plan shall be reported. Approval by the examination and approval authority; any modifications to other contents shall be reported to the original examination and approval authority for filing.

If the detailed planning of a scenic spot really needs to be revised, it must be reported to the original approval authority for approval.

If the government or government department modifies the planning of scenic spots and causes property losses to citizens, legal persons or other organizations, compensation shall be provided in accordance with the law.

Article 23 Two years before the expiration of the planning period of the overall plan for a scenic area, the organization and preparation agency of the plan shall organize experts to evaluate the plan and make a decision on whether to re-prepare the plan. The original plan will remain in effect until the new plan is approved. Article 24 The landscape and natural environment in scenic spots shall be strictly protected in accordance with the principle of sustainable development and shall not be destroyed or altered at will.

Scenic and historic area management agencies should establish and improve various management systems for the protection of scenic and historic resources.

Residents and visitors in scenic spots should protect the scenery, water bodies, forests, grass vegetation, wild animals and various facilities in the scenic spots.

Article 25: Scenic and historic area management agencies shall investigate and identify important landscapes in scenic and historic areas, and formulate corresponding protection measures.

Article 26 The following activities are prohibited in scenic spots:

(1) Opening mountains, quarrying, mining, land reclamation, building tombs and monuments, etc. that damage the landscape, vegetation and Activities involving topography and landforms;

(2) Building facilities to store explosive, flammable, radioactive, toxic and corrosive items;

(3) Engraving on scenery or facilities Scratching and smearing;

(4) Littering.

Article 27 It is prohibited to violate the planning of scenic spots and establish various development zones in scenic spots and build hotels, guest houses, training centers, sanatoriums and other things that have nothing to do with the protection of scenic spots in core scenic spots. Buildings; those that have been built should be gradually moved out in accordance with the planning of scenic spots.

Article 28 Construction activities outside the scope prohibited by Articles 26 and 27 of these Regulations in scenic spots must be reviewed by the scenic spot management agency and conducted in accordance with relevant laws and regulations. Go through the approval procedures in accordance with the regulations.

When constructing major construction projects such as cable cars and ropeways in national scenic spots, the project site selection plan must be submitted to the construction department of the State Council for approval.

Article 29: The following activities in scenic spots must be reviewed by the scenic spot management agency and then reported to the relevant competent authorities for approval in accordance with relevant laws and regulations:

( 1) Setting up and posting commercial advertisements;

(2) Organizing large-scale recreation and other activities;

(3) Activities that change the natural state of water resources and water environment;

< p> (4) Other activities affecting ecology and landscape.

Article 30 Construction projects in scenic spots shall comply with the planning of scenic spots and be coordinated with the landscape, and shall not damage the landscape, pollute the environment, or hinder sightseeing.

When construction activities are carried out in scenic areas, the construction unit and construction unit shall formulate pollution prevention and water and soil conservation plans, and take effective measures to protect the surrounding scenery, water bodies, forest and grass vegetation, wildlife resources and Topography.

Article 31: The state establishes a scenic area management information system to dynamically monitor the implementation of scenic area planning and resource protection.

The scenic spot management agency where the national scenic spot is located shall report the implementation of the scenic spot planning and the protection of land, forests and other natural resources to the construction department of the State Council every year; the construction department of the State Council shall report the land, forest and other natural resources protection and other natural resource protection situations, and promptly send a copy to the relevant departments of the State Council. Article 32: Scenic and historic area management agencies shall, based on the characteristics of scenic and historic areas, protect traditional ethnic and folk culture, carry out healthy and beneficial sightseeing and cultural and entertainment activities, and popularize historical, cultural and scientific knowledge.

Article 33: Scenic and historic area management agencies shall make reasonable use of scenic and historic resources and improve transportation, service facilities and tourist conditions in accordance with the planning of scenic and historic areas.

Scenic and historic area management agencies shall set up scenic and historic area signs, road signs, safety warnings and other signs in scenic and historic areas.

Article 34: The management of religious activity sites in scenic spots shall be carried out in accordance with the national regulations on the management of religious activity sites.

If the protection, utilization, management and protection of natural resources and the protection of cultural relics and the management of nature reserves are involved in scenic spots, the provisions of relevant national laws and regulations must also be implemented.

Article 35: The construction department of the State Council shall supervise, inspect and evaluate the planning implementation and resource protection status of national scenic spots. Problems discovered should be corrected and dealt with in a timely manner.

Article 36 Scenic and historic area management agencies shall establish and improve a safety guarantee system, strengthen safety management, ensure tourist safety, and urge business units in scenic and historic areas to accept supervision and inspections conducted by relevant departments in accordance with laws and regulations. .

It is prohibited to accept tourists beyond the allowed capacity and to carry out tour activities in areas without safety protection.

Article 37: Tickets for entering scenic spots shall be sold by the scenic spot management agency. Ticket prices are subject to relevant price laws and regulations.

For transportation, service and other projects in scenic spots, the scenic spot management agency shall determine the operator through fair competition such as bidding in accordance with relevant laws, regulations and scenic spot planning.

The management agency of the scenic spot shall sign a contract with the operator to determine their respective rights and obligations in accordance with the law. Operators shall pay paid usage fees for scenic and historic resources.

Article 38: The ticket revenue of scenic spots and the paid usage fees of scenic spots and scenic spots shall be managed on two lines of revenue and expenditure.

Ticket revenue from scenic spots and paid usage fees for scenic spots should be used exclusively for the protection and management of scenic spots and to compensate the owners and users of property in scenic spots for losses. Specific management measures shall be formulated by the financial department and price department of the State Council in conjunction with the construction department of the State Council and other relevant departments.

Article 39: Scenic and historic area management agencies shall not engage in business activities for profit, and shall not entrust administrative functions such as planning, management and supervision to enterprises or individuals.

Staff of scenic area management agencies are not allowed to work part-time in enterprises within scenic areas. Article 40 Anyone who violates the provisions of these Regulations and commits any of the following acts shall be ordered by the scenic area management agency to stop the illegal act, restore it to its original state, or demolish it within a time limit, confiscate the illegal gains, and impose a fine of not less than 500,000 yuan but not more than 1 million yuan:

(1) Carrying out activities such as digging, quarrying and mining in scenic spots that damage the landscape, vegetation, topography and landforms;

(2) Building and storing explosives in scenic spots , flammable, radioactive, toxic and corrosive materials;

(3) Constructing hotels, hostels, training centers, sanatoriums and other buildings that have nothing to do with the protection of scenic resources in core scenic areas material.

If the local people's government at or above the county level and its relevant competent departments approve the implementation of the acts specified in paragraph 1 of this article, the directly responsible person in charge and other directly responsible personnel shall be demoted or dismissed in accordance with the law; this constitutes a crime , be held criminally responsible in accordance with the law.

Article 41 Anyone who violates the provisions of these Regulations and engages in construction activities outside the prohibited scope in a scenic spot without review by the scenic spot management agency shall be ordered by the scenic spot management agency to stop construction and demolish it within a time limit. , individuals will be fined not less than 20,000 yuan but not more than 50,000 yuan, and entities will be fined not less than 200,000 yuan but not more than 500,000 yuan.

Article 42 Violates the provisions of these Regulations and builds major construction projects such as cable cars and ropeways in national scenic spots. The site selection plan of the project has not been approved by the construction department of the State Council. Local governments at or above the county level If the relevant departments of the people's government issue a site selection opinion, the directly responsible person in charge and other directly responsible personnel will be punished in accordance with the law; if a crime is constituted, criminal responsibility will be pursued in accordance with the law.

Article 43 If an individual violates the provisions of these regulations by clearing wasteland, building tombs, erecting monuments, or other activities that damage the landscape, vegetation, topography, etc. in a scenic spot, the scenic spot management agency shall order him to stop violating the law. If the person violates the law, the person shall be reinstated within a time limit or take other remedial measures, the illegal gains shall be confiscated, and a fine of not less than RMB 1,000 but not more than RMB 10,000 shall be imposed.

Article 44 Anyone who violates the provisions of these regulations by scratching or defacing scenery or facilities or littering in a scenic spot shall be ordered by the scenic spot management agency to restore it to its original state or take other remedies. If any measures are taken, a fine of RMB 50 will be imposed; anyone who carves, defaces or otherwise intentionally damages state-protected cultural relics, scenic spots and historic sites shall be punished in accordance with the relevant provisions of the Public Security Administration Punishment Law; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 45: Anyone who violates the provisions of these Regulations and conducts the following activities in a scenic spot without review by the scenic spot management agency shall be ordered by the scenic spot management agency to stop the illegal behavior, restore the original status within a time limit, or take measures Other remedial measures include confiscation of illegal gains and a fine of not less than 50,000 yuan but not more than 100,000 yuan; if the circumstances are serious, a fine of not less than 100,000 yuan but not more than 200,000 yuan:

(1) Setting, Posting commercial advertisements;

(2) Organizing large-scale recreation and other activities;

(3) Activities that change the natural state of water resources and water environment;

(4) Other activities affecting ecology and landscape.

Article 46 If a construction unit violates the provisions of these regulations and causes damage to surrounding scenery, water bodies, forest and grass vegetation, wildlife resources, and topography during the construction process, the scenic spot management agency shall It shall be ordered to stop illegal activities, restore the original status within a time limit or take other remedial measures, and impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; if the original status is not restored or effective measures are taken within the time limit, the scenic spot management agency shall order the construction to stop.

Article 47 If, in violation of the provisions of these Regulations, the construction administrative department of the State Council, the local people's government at or above the county level and its relevant administrative departments commit any of the following acts, the directly responsible person in charge and other directly responsible persons shall be Responsible personnel shall be punished in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law:

(1) Violating the planning of scenic spots and establishing various development zones in scenic spots;

(2) The scenic spot has not completed the overall planning of the scenic spot within 2 years since its establishment;

(3) Selecting a unit that does not have the corresponding qualification level to prepare the scenic spot plan;

(4) Approving construction activities in the scenic area before the planning of the scenic area is approved;

(5) Modifying the planning of the scenic area without authorization;

(6) Failure to perform supervision and management in accordance with the law Other acts of responsibility.

Article 48 If a scenic spot management agency commits any of the following acts in violation of the provisions of these Regulations, the local people's government at or above the county level that established the scenic spot management agency shall order it to make corrections; if the circumstances are serious, The directly responsible person in charge and other directly responsible personnel will be demoted or dismissed from their posts; if a crime is constituted, criminal responsibility will be pursued in accordance with the law:

(1) Accepting tourists in excess of the allowed capacity or conducting activities in areas without safety guarantees Tour activities;

(2) Failure to set up scenic area signs, road signs, safety warnings and other signs;

(3) Engage in business activities for profit;

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(4) Entrusting administrative functions such as planning, management and supervision to enterprises or individuals;

(5) Allowing staff of scenic area management agencies to operate in enterprises within scenic areas Part-time;

(6) Review and approval of construction activities that are not in compliance with the scenic area planning in the scenic area;

(7) Failure to investigate and punish illegal activities if found.

Article 49 Paragraph 1, Article 41, Article 43, Article 44, Article 45, and Article 46 of these Regulations If the relevant departments have already punished the illegal acts specified in Article 1 in accordance with relevant laws and administrative regulations, the scenic spot management agency will no longer punish them.

Article 50 Paragraph 1 of Article 40, Article 41, Article 43, Article 44, Article 45 and Article 46 of these Regulations If any illegal act infringes upon the property of the state, collective or individual, the relevant unit or individual shall bear civil liability in accordance with the law.

Article 51: If, in accordance with the provisions of these Regulations, a building, structure or other facility illegally constructed in a scenic spot is ordered to be demolished within a time limit, the relevant unit or individual must immediately stop the construction activities and demolish it on their own; If construction continues, the authority that made the decision to order demolition within a time limit has the right to stop it.

If relevant units or individuals are dissatisfied with the decision to order demolition within a time limit, they may file a lawsuit with the People's Court within 15 days from the date of receipt of the decision to order demolition within a time limit; if they do not file a lawsuit or dismantle it themselves upon expiration of the time limit, the authority that made the decision to order demolition within a time limit shall follow the law. The fees for applying to the People's Court for compulsory enforcement shall be borne by the offender. Article 52: These Regulations shall come into effect on December 1, 2006. The "Interim Regulations on the Management of Scenic and Historic Areas" promulgated by the State Council on June 7, 1985 were abolished at the same time.