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(Promulgated on October 15, 2003 by Decree No. 9 of the Shanghai
Municipal People' s Government)
Article 1 (Purpose and Basis)
With a view to strengthening the protection
of the ecological environment and ecological resources of the Jiuduansha Wetland
Nature
Reserve of Shanghai Municipality, these Procedures are formulated in
accordance with the provisions of the "Regulations of the People'
s Republic of
China on the Protection of Nature Reserves" and relevant laws and regulations,
and in the light of the actual circumstances.
Article 2 (Nature of the
Reserve)
The Jiuduansha Wetland Nature Reserve of Shanghai Municipality
(hereinafter referred to as the Reserve) is an estuarine wetland nature
reserve
with its wetland ecological system as the object of protection.
Article 3
(Scope of Application)
These Procedures apply to the planning, construction,
protection, and their related administrative activities of the
Reserve.
Article 4 (Administrative Departments)
The Shanghai Pudong New
Area People' s Government (hereinafter referred to as the New Area Government) is
authorized by the Municipal
People' s Government to take charge of the work of
the Reserve and be responsible for the formulation of the plans of the Reserve,
its construction and the related administrative activities; the Administrative
Office of the Jiuduansha Wetland Nature Reserve
of Shanghai Municipality
(hereinafter referred to as the Jiuduansha Administrative Office) is the
administrative organization of
the Reserve, responsible for the specific
day-to-day administrative work of the Reserve.
The Shanghai Municipal
Environmental Protection Bureau (hereinafter referred to as the Municipal
Environmental Protection Bureau)
is responsible for the comprehensive
administration of the Reserve and shall guide, supervise and inspect the
environmental protection
of the Reserve.
Relevant departments of this
Municipality of development and reform, planning, construction, land,
agriculture and forestry, public
security, fishing administration, sea and
ocean, port, and water affairs shall cooperate in the implementation of these
Procedures
according to their respective duties.
Article 5 (Determination of
the Limits of the Reserve)
The Reserve shall cover the land areas of the
four sandbars of Jiangya' nansha, Shangsha, Zhongsha and Xiasha, and the
contiguous
water area within specified limits. The specific limits shall be
proposed by the New Area Government jointly with the Municipal
Environmental
Protection Bureau and other relevant departments, and, upon the examination and
approval by the Municipal Planning
Bureau, shall be submitted to the Municipal
People' s Government for approval, and shall be promulgated.
Where it is
necessary to make adjustments to the limits of the Reserve owing to geographic
and environmental changes or other reasons,
adjustment plans shall be put
forward by the New Area Government jointly with the Municipal Environmental
Protection Bureau and
other relevant departments, and, upon the examination and
approval by the Municipal Planning Bureau, shall be submitted to the Municipal
People' s Government for approval and shall be promulgated.
The Jiuduansha
Administrative Office shall set up conspicuous boundary marks at appropriate
places within the limits of the Reserve
approved by the Municipal People' s
Government
Article 6 (Principles of Administration)
The protection and
administration of the Reserve shall be conducted in line with the principles of
scientific planning, exercising
control in zones, unified administration, and
rational utilization.
Article 7 (Sources of Funds)
The sources of funds
for the protection of the Reserve include:
(1) Special-purpose funds
allocated by public finance;
(2) Donations by domestic and foreign
organizations, enterprises and individual persons;
(3) Funds raised by other
means permitted by the State.
Article 8 (Planning of the Reserve)
The New
Area Government shall formulate ecological construction and development plans
for the Reserve jointly with the Municipal
Environmental Protection Bureau in
the light of the situation of the natural environment of the Reserve and the
needs of the protection
of the wetland ecology, and shall organize their
implementation after they are reported to and approved by the Municipal People'
s
Government. The approved ecological construction and development plans for the
Reserve shall be incorporated into the national
economic and social development
plans of this Municipality and the Pudong New Area.
In the course of
formulating the ecological construction and development plans for the Reserve,
the New Area Government shall solicit
the opinions of relevant experts through
appropriate forms, and organize and conduct environment impact assessments.
Article 9 (Delimitation of Functional Zones)
In consideration of the
characteristics of the ecological development of the Reserve, the Reserve shall
be divided into three functional
zones, namely, the core zone, the buffer zone
and the experimental zone. The definition and adjustment of the specific limits
of
the three functional zones shall be proposed by the New Area Government and,
after evaluation and examination by the Municipal Nature
Reserves Evaluation
Committee, they shall be submitted to the Municipal People' s Government for
approval.
The Jiuduansha Administrative Office shall set up conspicuous
marks at appropriate locations within the limits of the three functional
zones
approved by the Municipal People' s Government.
Article 10 (Restrictions on
Acts in the Core Zone, the Buffer Zone and the Experimental Zone)
Within the
core zone, all activities are prohibited, except those scientific research,
observation and investigation activities
that must be conducted inside the core
zone because of scientific research needs.
Within the buffer zone, all
development and utilization activities are prohibited, except the conduct of
scientific research activities,
such as scientific research, observation and
investigation, teaching practice and specimen collection.
Within the
experimental zones, in addition to the activities permitted under Clauses 2 and
3, related activities may be conducted,
such as visit and inspection, ecological
tours, the breeding of native species and rare animals, and the growth of rare
plants.
But the conduct of development and utilization activities that seriously
affect the hydrodynamic environment or damage the ecological
resources shall be
prohibited.
Article 11 (Administration of Teaching and Scientific Research
Activities)
Anyone who conducts teaching and scientific research activities,
such as scientific research observation, investigation, teaching
practice and
specimen collection, within the Reserve shall submit in advance to the
Jiuduansha Administrative Office a written
application. The written application
shall include the following contents:.
(1) Basic information about the
applicants;
(2) The time, contents, scale, number of persons involved and
scope of the proposed activities, and the equipment to be used;
(3) The names
and quantity of the animals and plants to be captured or collected. In case it
is necessary to capture or collect
wild animals or plants protected by the State
or this Municipality, permits issued by relevant administrative departments
shall
also be provided.
The Jiuduansha Administrative Office shall make its
examination and approval decisions within ten working days from the date of the
receipt of the application, and notify the applicant in writing of the result of
the examination and approval process and the grounds
therefor. Where it is
necessary to enter the core zone to conduct scientific research activities£¬the
Jiuduansha Administrative
Office shall give its preliminary examination opinion
within five working days from the date of receipt of the application, and
submit
it to the Municipal Environmental Protection Bureau for approval. The Municipal
Environmental Protection Bureau shall make
its examination and approval decision
within five working days from the date of receipt of the preliminary examination
opinion,
and notify the Jiuduansha Administrative Office thereof. The Jiuduansha
Administrative Office shall promptly notify the applicant
in writing upon
receiving the examination and approval decision of the Municipal Environmental
Protection Bureau.
If the Jiuduansha Administrative Office considers the
scientific research activities conducted by the applicants to be of value to
the
protection of the ecological environment and resources, it may conclude relevant
agreements with the applicants on such matters
as the ownership and use of the
results of the scientific research.
Article 12 (Administration of
Development and Utilization Activities)
Anyone who conducts development and
utilization activities within the experimental zone, such as visit and
inspection, ecological
tours, the breeding of native species and rare animals,
and the growth of rare plants, shall submit to the Jiuduansha Administrative
Office in advance a written application with the following contents:.
(1)
Basic information about the applicants;
(2) The name, contents, scale and
duration of the development and utilization activities and the detailed reasons
for the selection
of the site;
(3) The environmental and resources impact
assessment of the development and utilization activities.
The Jiuduansha
Administrative Office shall give its preliminary examination opinion within ten
working days from the date of the
receipt of the application, and submit it to
the New Area Government for approval. The New Area Government shall make its
examination
and approval decisions within ten working days from the date of
receipt of the preliminary examination opinion, and notify the Jiuduansha
Administrative Office thereof. The Jiuduansha Administrative Office, upon
receiving the examination and approval decisions of the
New Area Government,
shall promptly notify the applicants in writing and lose no time in reporting
them to the Municipal Environmental
Protection Bureau for the record.
Article 13 (Prevention and Control of Environmental Pollution)
The
construction of new large-scale sewage discharge facilities and the
establishment of waste dumping grounds within the Reserve
and its adjacent areas
are prohibited.
The discharge of sewage and other wastes within the Reserve
shall not exceed the pollutant discharge standards set by the State and
this
Municipality.
The New Area Government and the Jiuduansha Administrative
Office shall organize environmental monitoring of the Reserve on a regular
basis
and take effective measures to prevent and control environmental
pollution.
Article 14 (Handling of Environmental Pollution Accidents)
In
case of occurrence of accidents or contingencies, which result or may likely
result in environmental pollution in the Reserve,
units or individual persons
involved shall lose no time in taking necessary remedial measures to eliminate
pollution or prevent
the occurrence of pollution accidents, and shall report in
a timely manner to the Jiuduansha Administrative Office and relevant
environmental supervision and administration departments, and accept their
investigation and handling.
Article 15 (Protection of Special
Species)
The Jiuduansha Administrative Office shall take effective protective
measures to ensure the safety of those valuable and rare animals
and plants
protected by the State, such as Chinese sturgeons, white sturgeons, small swans
and small blue-feet snipes, and their
concentration areas shall be incorporated
into the core protection area.
In the breeding grounds of aquatic life and
along their migratory routes, it is prohibited to conduct activities that
jeopardize
the breeding environment for aquatic species, or obstruct their
migratory routes, such as reclamation and construction of dams.
Article 16
(Control of the Introduction of Foreign Species)
The introduction of foreign
animals and herbaceous plants into the Reserve is prohibited.
If it is
necessary to introduce foreign woody plants for the purpose of the ecological
construction of the Reserve£¬such introduction
shall be proposed by the
Jiuduansha Administrative Office, and before it could be implemented, it shall
be adopted by the Municipal
Nature Reserves Evaluation Committee upon its
evaluation and examination.
Article 17 (Closure Measures)
In case of
serious damages sustained by the ecological environment of the Reserve, or in
order to meet the needs of the protection
of valuable and rare animals and
plants, upon the approval of the New Area Government£¬the Jiuduansha
Administrative Office may
take closure measures in selected areas of the
Reserve. Entry into such closed areas is forbidden for all persons, except the
scientific
research personnel and the administrative personnel whose entry into
such areas is necessary.
When closure measures are taken in the Reserve, the
Jiuduansha Administrative Office shall announce to the public the time and area
of the closure, and report them to the Municipal Environmental Protection Bureau
for the record.
Article 18 (Prohibited Acts)
The following acts are
prohibited within the limits of the Reserve:
(1) Unauthorized entry into the
Reserve;
(2) Destruction, damage or unauthorized moving of the boundary
marks of the Reserve and related protection facilities and equipment;
(3)
Sand mining and unauthorized cutting of greens;
(4) Fishing, hunting, picking
medical herbs and burning wild grasses, unless otherwise provided by law or
administrative regulations;
(5) Other activities that damage the ecological
environment and resources.
Article 19 (Entry in Special Situations)
In
case of entry into the Reserve for the purpose of flood prevention, disaster
fighting, maritime salvage or taking shelter from
dangers in emergencies,
relevant regulations of the Reserve shall be followed and, upon the removal of
the relevant situations,
immediate evacuation shall be made from the Reserve.
Article 20 (Penalties)
Anyone who does any one of the following acts in
violation of these Procedures shall be penalized by the Jiuduansha
Administrative
Office according to the following provisions£º
(1) Anyone who,
in violation of the provision of Article 11 of these Procedures, conducts
teaching or scientific research activities
within the Reserve without
authorization shall be ordered to withdraw from the Reserve, and may be
cumulatively penalized with
a fine of between not less than 1000 yuan and not
more than 5000 yuan;
(2) Anyone who, in violation of the provision of Article
12 of these Procedures, conducts development and utilization activities
within
the Reserve without authorization shall be ordered to stop their development and
utilization activities, and be cumulatively
penalized with a fine of between not
less than 3,000 yuan and not more than 30,000 yuan;
(3) Anyone who, in
violation of the provision of Article 14 of these Procedures, causes the
occurrence of accidents that result
or may likely result in environmental
pollution in the Reserve, and fails to take necessary remedial measures or
report to relevant
departments in a timely manner may be penalized with a fine
of between not less than 500 yuan and not more than 5,000 yuan;
(4) Anyone
who, in violation of the provisions of Article 16 and Article 18 Clauses 1,3,4
and 5 of these Procedures, enters the
Reserve without authorization, or conducts
activities that may damage the ecological environment and resources of the
wetlands
shall be ordered to stop their wrongful activities, have their illegal
gains confiscated, and may be cumulatively penalized with
a fine of between not
less than 300 yuan and not more than 5,000 yuan; anyone who causes serious
destruction to the ecological
environment in the Reserve shall be ordered to
restore it to its former state within a specified time limit, or to make
compensations
for the losses and may be cumulatively penalized with a fine of
between not less than 1,000 yuan and not more than 10,000 yuan;
(5) Anyone
who, in violation of the provision of Article 18 Clause 2 of these Procedures,
destroys, damages or moves without authorization
the boundary marks of the
Reserve and related protection facilities and equipment shall be ordered to
restore them to their original
conditions, or make compensations for the losses,
and may be cumulatively penalized with a fine of between not less than 100 yuan
and not more than 5,000 yuan, depending on the circumstances;
(6) Anyone
who, in violation of the provision of Article 19 of these Procedures, fails to
withdraw from the Reserve immediately
after the removal of relevant situations
shall be ordered to make corrections and, in case of their refusal to do so,
shall be
penalized with a fine of between not less than 300 yuan and not more
than 3,000 yuan.
Anyone who in violation of the provision of Article 13
Clause 2, exceeds the pollutant discharge standards set by the State and this
Municipality shall be dealt with by the competent environmental protection
administrative departments in accordance with relevant
laws, rules and
regulations.
Article 21 (Investigation of Administrative Personnel for
Violations of Laws)
Relevant administrative personnel who, in the course of
implementing these Procedures, neglect their duties, abuse their powers,
seek
personal ends through fraudulent means, or solicit or accept bribes, shall be
subject to administrative punishments by their
own units or higher competent
authorities; anyone whose act constitutes a crime shall be prosecuted for
criminal liabilities.
Article 22 (Effective Date)
These Procedures shall
become effective on December 1, 2003.
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