Traditional Culture Encyclopedia - Travel guide - Approved master plan of national forest park
Approved master plan of national forest park
Article 1 In order to standardize the management of forest parks, protect and rationally utilize forest scenic resources, improve the ecological environment, promote the development of forest tourism, and improve people's quality of life, these Regulations are formulated in accordance with the Forest Law of People's Republic of China (PRC) and other relevant laws and administrative regulations, combined with the actual situation of this province.
Article 2 The term "forest park" as mentioned in these Regulations refers to an area established according to law, which is based on forest resources, has certain scale and quality of forest landscape resources and environmental conditions, and can be used for people to visit, relax, conduct scientific research, culture and education.
Article 3 The construction and management of forest parks shall adhere to the principles of overall planning, strict protection, rational development and sustainable utilization, and promote the unification of ecological benefits, economic benefits and social benefits of forest resources.
Article 4 People's governments at or above the county level shall incorporate the protection and development of forest parks into local national economic and social development plans, increase investment in infrastructure construction and forest resources protection of forest parks, and organize, coordinate and solve major problems in the management of forest parks.
Fifth forestry administrative departments of the people's governments at or above the county level shall be responsible for the management of forest parks within their respective administrative areas. Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the management of forest parks according to law.
Forest park management agencies are responsible for the daily management activities of forest parks.
Sixth units and individuals engaged in construction, management, sightseeing and other activities in the forest park have the obligation to protect forest landscape resources. Any unit or individual has the right to sue or report acts of destroying or encroaching on forest scenic resources.
Seventh units and individuals that have made remarkable achievements in the management and protection of forest parks shall be rewarded by the people's governments at or above the county level.
Chapter II Establishment and Construction
Article 8 The forestry administrative department of the provincial people's government shall, jointly with relevant departments, formulate the development plan of forest parks in this province, and organize the implementation after the approval of the provincial people's government.
Article 9 The establishment of forest parks shall conform to the quality standards of forest landscape resources stipulated by the state. Without approval, no unit or individual may establish a forest park.
Article 10 Owners or users of forests, trees and woodlands may apply for the establishment of forest parks.
The use of collective or individual contracted forest land to establish a forest park shall obtain the consent of the owner or user of the forest land.
Eleventh applications for the establishment of national forest parks shall be conducted in accordance with the conditions and procedures stipulated by the administrative department of forestry of the State Council.
Twelfth to apply for the establishment of a provincial forest park, the following conditions shall be met:
(a) in line with the development plan of forest parks in this province;
(2) The area is over 100 hectare, and the forest coverage rate is over 70%;
(3) The quality grade of forest scenic resources has reached the second-class or above standard for the quality grade evaluation of national forest park scenic resources;
(four) the ownership of forests, trees and woodlands is clear, and the boundaries of woodlands are clear;
(five) sound management and operation institutions, clear responsibilities and systems, and corresponding technical and management personnel;
(6) Other conditions stipulated by laws and regulations.
Article 13 To apply for the establishment of a provincial forest park, the applicant shall submit an application, a feasibility study report and other relevant materials to the administrative department of forestry of the provincial people's government, and report to the provincial people's government and the administrative department of forestry of the State Council for the record after being approved by the administrative department of forestry of the provincial people's government.
The examination and approval authority of the provincial forest park shall make a decision on whether or not to grant permission within 20 days from the date of receiving the application materials.
Article 14 The administrative licensing decision for establishing provincial forest parks shall specify the name, location, area and boundary of provincial forest parks and make an announcement to the public.
Fifteenth approved provincial forest parks that need to be revoked, merged, changed in business scope or changed in affiliation shall be reported to the original approval authority for approval.
Sixteenth in the approved scenic spots, nature reserves, experimental areas, geological parks to apply for the establishment of forest parks, should be to the scenic spots,
The examination and approval authorities of nature reserves and geological parks shall put on record.
Those who apply for the establishment of scenic spots or nature reserves or geological parks in the approved forest park shall report to the examination and approval authority of the forest park for the record.
Where the geographical scope of forest parks is basically the same as that of scenic spots, experimental areas of nature reserves and geological parks, the local people's governments at or above the county level shall, according to the principles of simplification, efficiency and protection and utilization, determine an institution to be responsible for unified management.
Seventeenth approved the establishment of the forest park, the forestry administrative department of the people's government at or above the county level shall organize the preparation of the overall planning of the forest park, and report to the approval in accordance with the relevant provisions of the state and the province.
The approved master plan of forest park is the basis for the protection, development and construction of forest park, and no unit or individual may change it without authorization. If it is really necessary to adjust the overall planning of forest parks due to the protection, development and construction of forest parks, it shall be reported to the original approval authority for approval.
Eighteenth the construction of various facilities in the forest park shall conform to the overall planning of the forest park and coordinate with the surrounding landscape. Construction projects shall be subject to environmental impact assessment according to law, and the examination and approval procedures shall be performed.
Nineteenth in the forest park construction activities, the construction unit shall take measures to protect the landscape vegetation, mountains and water around the construction site.
Twentieth residents in the forest park should build new houses in the unified planning of residential areas, and go through the examination and approval procedures according to law. Its construction scale and land area are strictly controlled.
Chapter III Protection of Resources
Twenty-first forest park management agencies are responsible for the protection and management of forest landscape resources.
The forestry administrative departments of the people's governments at or above the county level shall supervise and inspect the protection of forest scenic resources by the forest park management institutions.
Twenty-second forest park management agencies should cultivate scenic trees with local characteristics, maintain the leading characteristics of local forest landscape, and improve the ornamental value of forest landscape resources.
Encourage forest park management agencies to introduce new biological species suitable for the local ecological environment. The introduction of non-native biological species should be scientifically demonstrated, and quarantine procedures should be handled according to law to prevent the invasion of harmful organisms.
Twenty-third forest park management agencies should regularly organize the inventory of forest resources in forest parks and establish archives.
Forest park management agencies should register the ancient and famous trees and rare, endangered and wild animals and plants with unique ornamental and scientific research value in the forest park, and set up protection facilities and protection signs in their main growing places or habitats.
It is forbidden to cut down, damage and transplant old and famous trees in forest parks without authorization.
It is forbidden to collect, hunt or harm wild animals and plants protected by the state and the province in forest parks. If it is really necessary to collect or hunt because of special circumstances, a collection certificate or hunting license shall be handled according to law, and the collection or hunting shall be carried out according to the type, quantity, place and time limit specified in the collection certificate or hunting license.
Twenty-fourth forest park tree species adjustment and forest land transformation shall conform to the overall planning of forest park. Trees in tourist areas are prohibited from being cut down except for tending or renewal.
It is forbidden to scribble, depict or dig flowers, trees, seeds and medicinal materials in forest parks without authorization.
Twenty-fifth forest park management agencies shall cooperate with the relevant administrative departments of the people's governments at or above the county level to register the cultural relics and temples in the forest park, establish archives and set up protection facilities.
Twenty-sixth strictly protect the topography of the forest park, and prohibit quarrying, mining, sand digging and soil borrowing in the forest park. Because of the maintenance of roads and facilities in the forest park, it is really necessary to dig sand and soil in the forest park, and it shall be approved by the relevant administrative departments of the people's governments at or above the county level, and excavated at the place designated by the forest park management institution.
If the residents in the forest park have to dig sand and borrow soil for their own use because of special needs, the forest park management institution shall designate a place to dig.
If vegetation is damaged due to sand digging and soil borrowing, it shall be responsible for restoration.
Twenty-seventh swamps, riverbeds, lakes, streams, waterfalls, etc. In the forest park, in addition to the transformation and utilization in accordance with the requirements of the overall planning of the forest park, it should remain in its original state and shall not be withheld, misappropriated, filled or otherwise changed.
Twenty-eighth in the main scenic spots and core scenic spots, hotels, guest houses, nursing homes and other facilities shall not be built.
It is forbidden to build industrial and mining enterprises and other construction projects and facilities that pollute the environment and destroy resources or landscapes in forest parks.
Twenty-ninth prohibit excessive discharge of pollutants, dumping of solid waste and hazardous waste in forest parks.
The domestic garbage in the forest park must be piled up and disposed of in time.
Thirtieth no unit or individual may occupy the forest land in the forest park without authorization.
If the forest land in the forest park needs to be expropriated or requisitioned due to construction, the land-using unit shall apply, and after the examination and approval by the forestry administrative department, the land-use examination and approval procedures shall be handled according to law.
Article 31 It is forbidden to build new graves in forest parks. The built cemetery shall not be expanded. Except for tombs with historical, cultural, artistic and scientific value protected by the state and cemeteries approved for construction according to law, the original graves shall be moved or buried within a time limit, leaving no graves.
Thirty-second forest park management agencies should organize professionals to investigate and monitor pests in forest parks; If harmful organisms are found to be seriously harmful, emergency measures shall be taken and reported to the local people's government and the forestry administrative department immediately.
Article 33 Forest park management institutions shall establish forest protection and fire prevention organizations, implement the fire prevention responsibility system, equip with necessary fire prevention facilities and equipment, delimit fire-forbidden zones and fire prevention responsibility zones, conduct regular fire prevention inspections, and eliminate fire hazards.
It is forbidden to use fire in the forest park. If fire is needed due to special circumstances, it shall be implemented in accordance with the relevant provisions of forest fire prevention.
Chapter IV Operation and Management
Thirty-fourth units and individuals at home and abroad are encouraged to invest in the development, construction and operation of forest parks.
Owners and users of forests, trees and woodlands in forest parks can participate in the development, construction and operation of forest parks in the form of shares, joint ventures and leases.
Thirty-fifth forest park operators shall, under the guidance of the administrative department of forestry, do a good job in environmental protection, animal and plant protection, forest fire prevention and pest control in their business areas according to law.
Thirty-sixth forest park operators shall, according to the overall planning of forest parks, build public service facilities to provide civilized, healthy and beneficial eco-tourism services for the public.
Forest park operators should set up tour routes, health and environmental protection facilities and fire warning signs in the tourist area, and equip necessary management personnel to maintain the order of tour and operation and improve the service conditions of tour.
Thirty-seventh forest park operators should set up safety protection facilities and warning signs in dangerous areas and areas where tourists may be hurt, and set up prohibition signs in obvious positions for fuels, packaging materials and other items that endanger safety and affect health and environmental protection.
Forest park operators should regularly check and maintain the business facilities in the forest park, and eliminate hidden dangers in time.
Thirty-eighth approved by the relevant departments, forest park operators can sell tickets and collect related fees.
Encourage forest park operators to use resources and technology, cultivate seedlings and flowers, set up characteristic botanical gardens, carry out popular science education and other activities, and do a good job in the protection and utilization of forest landscape resources.
Thirty-ninth forest park management agencies should strengthen safety management, determine the tourist reception capacity according to the ecological carrying capacity, and formulate emergency plans and tourist guidance plans in the tourist season.
Fortieth forest park management agencies should guide the residents in the forest park to develop pollution-free planting, breeding and forest by-product processing industries with local characteristics, and engage in production and business activities related to the protection, development and utilization of forest parks.
Article 41 The public security organ where the forest park is located may, according to needs, set up public security organs in the forest park to maintain public order in the forest park.
Chapter V Legal Liability
Forty-second whoever, in violation of the provisions of Article 9 of these regulations, engages in business activities in the name of Forest Park without approval shall be ordered by the forestry administrative department of the people's government at or above the county level to make corrections within a time limit and confiscate the illegal income; If no correction is made within the time limit, a fine of 1 10,000 yuan but not more than 30,000 yuan may be imposed.
Forty-third in violation of the provisions of the provisions of article seventeenth, not in accordance with the approved overall planning and construction of forest parks, the forestry administrative department of the people's government at or above the county level shall order it to stop construction and restore to its original state; Those who destroy forest resources shall compensate for the losses and be fined 1 times and 5 times the value of forest resources.
Article 44 If, in violation of the provisions of Article 19 of these regulations, no protective measures are taken during the construction, resulting in the destruction of landscape vegetation, mountains and water bodies, the relevant administrative departments of the people's governments at or above the county level shall order them to stop the illegal act, make restitution within a time limit or take other remedial measures, and may concurrently impose a fine of not less than 20,000 yuan but not more than 6,543,800 yuan.
Forty-fifth in violation of the provisions of these regulations, any of the following acts shall be punished by the administrative department of forestry of the people's government at or above the county level in accordance with the following provisions:
(a) cutting down, damaging and transplanting old and famous trees in the forest park without authorization, shall be ordered to take remedial measures or compensate for the losses, confiscate the old and famous trees, and impose a fine of more than 2 times and less than 5 times the value of the old and famous trees;
(two) in the forest park trees, public facilities graffiti, shall be ordered to take remedial measures, impose a fine of more than 500 yuan 100 yuan;
(three) unauthorized excavation of flowers, trees, seeds and medicinal materials in the forest park, shall be ordered to make corrections; If the circumstances are serious, a fine of more than 2 times and less than 5 times the value of the confiscated flowers, trees, seeds and medicinal materials shall be imposed.
Article 46 In violation of the provisions of Article 37 of these regulations, if forest park operators fail to set up safety protection facilities or warning signs in dangerous areas and areas where tourists may be injured, the forestry administrative department of the people's government at or above the county level shall order them to make corrections within a time limit; If no correction is made within the time limit, a fine of more than 5000 yuan 10000 yuan may be imposed.
Forty-seventh forestry administrative departments and forest park management institutions and their staff in violation of the provisions of these regulations, one of the following acts, the directly responsible person in charge and other directly responsible personnel shall be given administrative sanctions according to law; If the case constitutes a crime, criminal responsibility shall be investigated according to law:
(1) Failing to implement the administrative license in accordance with the provisions of these Regulations;
(2) Failing to investigate and deal with illegal acts;
(three) the illegal implementation of administrative punishment or other administrative decisions;
(four) other acts of abuse of power, favoritism and dereliction of duty.
Chapter VI Supplementary Provisions
The forty-eighth of this Ordinance since March 6, 2007.
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