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Administrative Rules of Shenzhen Special Economic Zone on the Wutong Mountain Scenic Spot
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Discussed and adopted at the 83rd executive meeting of the Shenzhen People' s Government on June 11,1994; Promulgated by Decree No.38
of the Shenzhen People' s Government on November 24,11994.
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Chapter¢ñ General Provisions
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Article 1 In order to strengthen the administration, protection and utilization of the Wutong Mountain Scenic Spot in the Shenzhen Special
Economic Zone (hereinafter referred to as the Scenic Spot), exploit the Scenic Spot' s scenic resources, these rules are formulated
according to the Provisional Administrative Regulations on the Scenic Spot promulgated by the State Council, and on the basis of
the actual circumstances in the Shenzhen Special Economic Zone.
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Article 2 The Scenic Spot has the Wutong Mountain as its center, adjoins the Yantian Industrial Zone on the east, the East Lake Park and Shenzhen
Water Reservoir on the west, the Luosha Highway on the south, and the control line of the Special Zone on the north (hereinafter
referred to as the boundaries of all directions).
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The administrative organ of the Scenic Spot shall determine reasonably the Scenic Spot'
s boundaries of all directions in detail on the basis of the city planning in the Special Zone, together with the administrative
competent department of state-owned land planning.
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Article 3 The exploitation and construction of the Scenic Spot shall be brought into the city' s plan of national economic and social development
as well as the city planning, and be carried out under the policies of strict protection, scientific administration and reasonable
utilization.
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Article 4 The land in the Scenic Spot shall not be embezzled by any unit or individual.
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All sceneries and natural environment in the Scenic Spot shall not be destroyed or changed
at discretion by any unit or individual.
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Chapter ¢ò the Administrative Organ of the Scenic Spot
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Article 5 The administrative organ of the Scenic Spot is responsible for the administration of the Scenic Spot. All the other units in the
Scenic Spot shall obey the uniform planning and administration of the administrative organ of the Scenic Spot.
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Article 6 The main functions and duties of the administrative organ of the Scenic Spot are :
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1. carrying out the laws, regulations and rules concerning the protection and administration of scenic spot;
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2. participating in and organizing the drawing of the Scenic Spot' s detailed planning, and organizing the specific implementation
of the planning;
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3. protecting and managing the Scenic Spot' resources, harmonizing the exploitation and utilization of scenic resources among the
units in the Scenic Spot;
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4. taking charge of the protection and administration of forest, such as planting trees, cultivating woods, preventing fire and
killing insects;
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5. examining the construction project in the Scenic Spot, supervising the project being constructed;
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6. maintaining the public security in the Scenic Spot;
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7. other functions and duties stipulated in these rules.
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Article 7 The protection and administration of the East Lake Park and Fairy Lake Botanic Park in the Scenic Spot shall be undertaken by the
administrative organ of the East Lake Park and Fairy Lake Botanic Park respectively, and be supervised by the administrative organ
of the Scenic Spot.
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Chapter ¢ó the Planning and Construction of the Scenic Spot
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Article 8 The detailed planning of the Scenic Spot shall be laid down by the municipal administrative competent department of state-owned
land planning, together with the municipal administrative competent department of city appearance and relevant departments. After
the Municipal People' s Government approves the detailed planning of the Scenic Spot, the administrative organ of the Scenic Spot
shall organize the implementation.
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Article 9 The detailed planning of the Scenic Spot shall not be changed by any unit or individual without the approval of the Municipal People'
s Government.
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Article 10 The administrative organ of the Scenic Spot shall demarcate the boundaries of all directions of the Scenic Spot by erecting boundary
markers.
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Article 11 The land of the Scenic Spot shall be managed by the administrative organ of the Scenic Spot according to the detailed planning of
the Scenic Spot.
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The construction scale in the Scenic Spot shall be controlled strictly.
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Temporary use of land in the Scenic Spot shall no be approved.
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Article 12 The construction unit shall apply to the municipal construction competent department for site choice of the construction project,
and fill in the Application for Examination and Approval of the Chosen Construction Site.
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The application mentioned in the preceding paragraph shall be annexed with a written opinion raised by the administrative organ
of the Scenic Spot.
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Article 13 The design unit, that undertakes the design of project in the Scenic Spot, shall have the Certificate of Design Qualification, and
shall not begin designing until the administrative organ of the Scenic Spot affirms the certificate.
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The construction unit, that undertakes the construction of project in the Scenic Spot, shall have the Certificate of Construction
Qualification, and shall not begin constructing until the administrative organ of the Scenic Spot affirmed the certificate.
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Article 14 The layout, height, size, mode, color and scale of the facilities constructed according to the detailed planning of the Scenic Spot
shall be in harmony with their surrounding scenes and environment.
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The project, which is irrelevant with the scenery or tourism, such as industrial and mining enterprise, railway, station yard, stock
house or hospital, or may damage the scenery, pollute the environment or obstruct the tourism, shall not be constructed in the Scenic
Spot.
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The hotel, rest house, sanatorium, office or living facility of the administrative organ, or other large construction project shall
not be built in the tourism area or the reservation land of natural environment where the tourists centralize.
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Article 15 The construction unit shall adopt effective measures to protect the surrounding trees, vegetation, water and landform from being
polluted or destroyed when it constructs project in the Scenic Spot. The construction unit shall clear the construction site in time,
greening the place and recover the original appearance of environment.
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Article 16 The administrative organ of the Scenic Spot shall exploit scenic resources positively, improve traffic, service facilities and tourism
condition step by step, according to the detailed planning of the Scenic Spot.
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Chapter ¢ô the Protection and Administration of the Scenic Spot
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Article 17 The administrative organ of the Scenic Spot shall be equipped with necessary personnel and facility. It shall establish and improve
all systems, fulfill its obligations of protection and administration, and accomplish the protection and administration of the Scenic
Spot.
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Article 18 The administrative organ of the Scenic Spot shall accomplish the work of closing hill to facilitate reforestation, planting trees,
preventing and wiping out plant diseases and insect pests, and protect woods and vegetation earnestly.
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The woods in the Scenic Spot are all for special use, shall be cultivated and managed by the administrative organ of the Scenic
Spot according to the planning and instructions, regardless of their ownership, and shall not be felled without approval. Anyone,
who wants to conduct the necessary thinning, renewing and felling of woods, shall get approval from the administrative organ of the
Scenic Spot, go through the formalities of examination and approval according to relevant provisions and accept the supervision of
the administrative organ of the Scenic Spot.
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The ancient and rare trees in the Scenic Spot are forbidden to be felled.
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Article 19 The administrative organ of the Scenic Spot shall strengthen the propaganda of fire prevention in the forest, carry out all measures
to prevent fire in forest, employ a team to prevent fire and protect the forest, prepare facilities for communication and fire control,
and conclude responsibility agreements on fire prevention in forest with all units and residents in the Scenic Spot.
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Any unit or individual, who wants to use fire in the field of the Scenic Spot for production, shall get an approval from the administrative
organ of the Scenic Spot. During the fire prevention period, fire in the wild field shall be controlled strictly; monitor and control
over the fire danger and situation shall be strengthened. It is forbidden to burn the trees on hill or grasses on waste land or take
picnic in the wild field without approval.
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Article 20 Anyone, who wants to collect specimens, wild medicine materials or other wood byproducts in the Scenic Spot, shall get approval
from the administrative organ of the Scenic Spot, and shall collect within the specified area and quantity limit.
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Article 21 The administrative organ of the Scenic Spot shall take charge of protecting the natural environment, such as the landform, soil
and inhabitant environment of animals and plants, and the literature environment, such as cultural and historical site in the Scenic
Spot. Activities, which will destroy scenery resources, such as quarrying stones in the mountain, digging sand, borrowing earth and
hunting, are forbidden.
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Article 22 The administrative organ of the Scenic Spot shall strengthen the protection and administration of the water and atmosphere in the
Scenic Spot, forbid the activities polluting or destroying the water or atmosphere. |
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Article 23 The administrative organ of the Scenic Spot shall strengthen the administration of the appearance, environment and sanitation of
the Scenic Spot, and strictly forbid the activities of spitting everywhere, urinating everywhere, and dumping garbage or sewage casually. |
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Article 24 All units and individuals shall take good care of all basic, safety and service facilities in the Scenic Spot, and they are strictly
forbidden to be destroyed, changed for other use illegally or moved casually. |
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Article 25 No one may establish a commercial service stall in the area of the Scenic Spot until he gets an approval from the administrative
organ of the Scenic Spot, and acquires the business license issued by the administrative department for commerce and industry, and
he shall operate within the specified area and business scope. Anyone, who wants to provide catering services, shall meet the sanitary
standards stipulated by the state. |
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Article 26 The tourists in the Scenic Spot shall obey the public order, take good care of scenery resources and public property, keep the environment
clean and obey the precautions of tourism. |
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Article 27 The use of scenery resources shall be under the principle of compensated use. Any unit or individual, who uses scenery resources
in the Scenic Spot, shall pay the charge for use to the municipal government according to relevant provisions. |
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Chapter ¢õ Encouragement and Punishment |
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Article 28 The municipal administrative competent department of city appearance, or the administrative organ of the Scenic Spot shall give
encouragement to and award the unit or individual, who has made outstanding achievement or important attribution in protecting the
Scenic Spot. |
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Article 29 Activities in the Scenic Spot against these rules, shall be punished according to the following provisions: |
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1. anyone, who fells woods without approval, shall be confiscated the felled woods
and felling tools, ordered to replant trees, and imposed a fine of 1,000 yuan per tree by the administrative organ of the Scenic
Spot or the administrative competent department of forestry; |
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2. anyone, who uses fire in the wild field for production, burns the trees on
hill or grasses on waste land or takes picnic in the wild field without approval, shall be fined 5,000 yuan by the administrative
competent department of forestry; |
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3. anyone, who hunts wild animals, shall be confiscated the hunted animals and
hunting tools, and be fined 3,000 yuan by the administrative organ of the Scenic Spot or the administrative competent department
of forestry; |
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4. anyone, who spits everywhere, urinates everywhere, dumps garbage or sewage
casually, shall be imposed a fine more than 50 yuan but less than 200 yuan by the administrative organ of the Scenic Spot or the
administrative competent department of city appearance; |
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5. anyone, who destroys the sight spot, scenery, basic facility or safety facility,
shall be imposed a fine of three times of the loss by the administrative organ of the Scenic Spot; |
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6. anyone, who encroaches the land in the Scenic Spot, constructs in violation
of regulations or places stalls disorderly, shall be ordered to return the encroached land, demolish the illegal structure or disordered
stall in a time limit, and imposed a fine of 500 yuan per square meter by the administrative organ of the Scenic Spot or the administrative
competent department of state-owned land planning; |
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7. anyone, who quarries stones in the mountain, digs sand or borrows earth, shall
be ordered to stop his misfeasance, recover the original state and be imposed a fine of 2,000 per cubic meter by the administrative
organ of the Scenic Spot or the administrative competent department of state-owned land planning; |
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8. anyone, who discharges sewage or waste gas without approval, shall be ordered
to make treatment in a time limit, and punished by the administrative organ of the Scenic Spot or the administrative competent department
of state-owned land planning, according to relevant regulations or laws concerning environment protection. |
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The activity, which shall be punished according to the provisions in the preceding
paragraph, shall not be punished repeatedly by relevant department of imposing penalty. |
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Article 30 Anyone, who obstructs the personnel of the Scenic Spot to carry out their duties according to law, shall be punished by the department
of public security according to the Regulations of the People' s Republic of China on Punishments in Public Order and Security Administration.
If a crime is constituted, the criminal responsibility shall be investigated according to law. |
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Article 31 Any unit or individual, who causes damage to the Scenic Spot or tourist, in violation of these rules, shall bear the responsibility
of compensation for the damages. If a crime is constituted, the criminal responsibility shall be investigated by the judicial organization. |
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Article 32 If the party doesn' t agree with the decision of administrative penalty made by the administrative organ of the Scenic Spot, he
may apply for review to the municipal administrative competent department of city appearance within 15 days upon receiving the penalty
decision. If the party doesn' t agree with the decision of administrative penalty made by the municipal administrative competent
department of city appearance, he may apply for review to the administrative review organ of the municipal people' s government within
15 days upon receiving the penalty decision. |
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If the party doesn' t agree with the review decision, he may bring litigation
to the people' s court within 15 days upon receiving the review decision. The party may also bring litigation to the people' s court
directly within 15 days upon receiving the penalty decision. If the party doesn' t apply for review, bring litigation to the people'
s court, nor implement the penalty decision in the limited time, the competent department making the penalty decision shall apply
to the people' s court for coercive implementation. |
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Chapter ¢ö Supplementary Provisions |
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Article 33 The projects and facilities, which have been constructed with approval before the beginning date of the implementation of these
rules, shall be managed by the municipal administrative competent department of city appearance together with relevant departments
according to relevant laws, regulations and these rules. |
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Article 34 The administrative organ of the Scenic Spot may draw up administrative measures on the Scenic Spot according to these rules. It
shall submit the administrative measures to the municipal administrative competent department of city appearance for approval, and
organize the implementation of the approved administrative measures. |
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Article 35 These rules shall go into effect as of the date of promulgation. |
