Laws of the Guangdong Province

Administrative Regulations of Shenzhen Municipality on the Essential Area of Protecting Ecology

(Discussed and adopted at the 9th Executive Meeting of the Fourth People' s Government of Shenzhen Municipality; promulgated by Decree 145 of Shenzhen Municipal People' s Government on October 17, 2005)

Chapter One  General Principles

     Article 1  In order to strengthen the protection to ecology in Shenzhen Municipality (hereinafter referred to as the municipality), prevent the city ecology system from being endangered by the disorderly expansion of city construction, and promote the sustainable development of city construction, these Regulations are formulated in combination of the actual circumstances of the municipality, according to relevant laws and regulations.

Article 2  The term of "essential area of protecting ecology" mentioned in these Regulations refers to the area which is approved and publicized to be established for protecting ecology by the Shenzhen Municipal People' s Government (hereinafter referred to as the municipal government).

Article 3   These Regulations shall be applicable to the definition and adjustment of the essential area of protecting ecology, and the activities of construction and of using land committed in the essential area of protecting ecology.

Article 4 The municipal competent department of planning shall be in charge of drawing up the schemes of defining and adjusting the essential area of protecting ecology.

The administrative departments of planning, land, environment protection, development and innovation, water affairs, agriculture, forestry and fishery, and the comprehensive law-enforcement department of city administration, and all district people' s governments (hereinafter referred to as the district government) shall accomplish the supervision and administration to the essential area of protecting ecology within their respective functions and duties according to the provisions of relevant laws, regulations and rules.

Article 5  Every unit and individual have the rights to disclose and denouncing the activities in violation of these Regulations.

It is encouraged by the municipal government that citizens, legal persons and other organizations carry out the activities of protecting ecology. The citizen, legal person or organization which makes great contribution to the ecology protection shall be awarded.

Chapter Two  Definition and Adjustment

Article 6  The essential area of protecting ecology shall include the following areas:

1. the first-level protection areas of water sources, beauty spots, nature reserves, centralized essential protection areas of farms, forests and field parks;

2. the mountain lands and forest lands whose lopes are of more than 25 degrees, the highlands in the special zone whose height above sea level are more than 50 meters and the highlands out of the special zone whose height above sea level are more than 80 meters;

3. the main steams, water reservoirs and wet lands;

4. the ecology corridors and green lands for maintaining the completeness of ecology system;

5. the islands, and the seashores and dry lands whose ecology are worth protection; and

6. other areas whose ecology need to be protected.

Article 7  The essential area for protecting ecology shall be defined and publicized according to the following procedures:

1. firstly, the municipal competent department of planning shall draw up the scheme of defining the essential area of protecting ecology;

2. secondly, the opinions of the relevant functional department of the municipal government and of the district governments shall be solicited before the definition scheme is submitted for approval;

3. thirdly, the municipal competent department of planning shall submit the definition scheme to the municipal government for approval after it is revised according to relevant opinions; and

4. lastly, the definition of essential area of protecting ecology shall be publicized on the main news media of the municipality and the governmental websites within 30 days upon the approval.

The publicized essential area of protecting ecology shall have clear boundaries. The specific geographical coordinates of the essential area and the land map of its boundaries shall be publicized as annexes.

Article 8  If the essential area of protecting ecology needs to be partially adjusted because of an important construction project of the State, province or municipality, the adjustment shall obey the following procedures:

1. firstly, the municipal competent department of planning shall organize the estimation on environmental effect, and draw up the scheme of adjusting the essential area for protecting ecology according to the relevant approval documents of the important construction project of the State, province or municipality;

2. secondly, the adjustment scheme shall be solicited opinions from relevant functional departments of the municipal government and the district governments;

3. thirdly, the municipal competent department of planning shall publicize the adjustment scheme, and solicit opinions about the scheme broadly by various means, such as holding a demonstration meeting and hearing. The period for publication shall not be shorter than 30 days;

4. fourthly, the adjustment scheme shall be submitted to the municipal committee of city planning for discussion after being revised according to relevant opinions;

5. lastly, the adjustment scheme shall be submitted to the municipal government for approval after being discussed and adopted by the municipal committee of city planning;

The adjustment scheme shall be publicized on the main news media of the municipality and governmental websites within 15 days upon approval.

Article 9  The municipal government shall establish marks for the essential area of protecting ecology uniformly.

No unit or individual may destroy or change the mark of the essential area for protecting ecology without approval.

Chapter Three   Supervision and Administration

Article 10  No project may be constructed in the essential area of protecting ecology except the following projects:

1. the project of constructing important traffic facilities of road;

2. the project of constructing public facilities for city construction;

3. the project of constructing traveling facilities; and

4. the project of constructing parks.

Every project listed in the preceding paragraph shall be regarded as a project having great effects to environment. The feasibility research, appraisal on environment effect and demonstration to the planned location of the project shall be carried out according to law.

The planned construction location of the project mentioned above shall be publicized on the main news media of the municipality and governmental websites before it is approved. The publication period shall not be shorter than 30 days.

If a project mentioned above has been constructed, the constructor shall give priority to the environment protection, strengthen the supporting construction of environment protection and greening, and strictly control the development progress.

Article 11  The construction project which is subjected to a contract of transferring land-use right concluded before the implementation of these Regulations and has not started shall be submitted to the municipal competent department of planning for examination and approval. The constructor of a project approved to be constructed shall strictly control the development progress and the degree of using land. The municipal competent department of land shall take back the land and compensate the constructor if the construction project has great effect to ecology.

Article 12   The buildings and constructions which have been built in the essential area of protecting ecology according to law shall not be rebuilt or expanded without approval.

The scheme of moving a rural residential district out of the essential area for protecting ecology shall be made according to relevant planning, and be carried out step by step. If it is necessary to rebuild the rural residential district at its original location in the essential area for protecting ecology, a special planning of rebuilding shall be made, and be examined, approved and publicized by the municipal competent department of planning jointly with relevant departments, and shall be submitted to the municipal government for approval after the publication.

Article 13  The construction activity which is committed in the essential area of protecting ecology in violation of these Regulations shall be regarded as an activity seriously affecting the city planning.

The municipal competent department of planning, the comprehensive law-enforcement department of city administration and the relevant functional departments of governments shall strengthen the patrolling inspection in the essential area of protecting ecology according to their respective functions and duties. The units and individuals inspected shall provide relevant materials according to the facts, and shall not refuse with any reasons.

Chapter  Four   Legal Responsibilities

Article 14  The leader in charge and the person directly liable of the unit which adjusts the essential area of protecting ecology arbitrarily in violation of these Regulations shall be imposed administrative penalty according to law.

Article 15  The leader in charge and the person directly liable of the unit which approves a construction in the essential area of protecting ecology without authorization shall be imposed administrative penalty according to law, and shall be investigated for criminal responsibilities according to law if his act constitutes a crime.

Article 16  Any working person of a relevant competent department of government who neglects his duties, abuses his powers or plays irregularities for favoritism shall be imposed administrative penalty to the supervisory department, and shall be investigated for criminal responsibilities according to law if his act constitutes a crime.

Article 17  Anyone who destroys or changes the mark of the essential area of protecting ecology shall be ordered to recover its original state, and shall be imposed a fine of less than 1,000 yuan by the comprehensive law-enforcement department of city administration.

Article 18  Anyone who commits an illegal activity in the essential area of protecting ecology shall be imposed penalty by relevant administrative competent department, and shall be investigated for criminal responsibilities according to law if a crime is constituted.

Chapter Five  Supplementary Provisions

Article 19  The chart showing the essential area of protecting ecology which is defined according to these Regulations shall be considered as a part of these Regulations, and shall have the same legal binding force as these Regulations.