Regulations on Scenic and Historic Areas (2016 Revision)

Regulations on Scenic and Historic Areas (2016 Revision) Regulations on Scenic and Historic Areas (Promulgated by Order No. 474 of the State Council of the People's Republic of China on September 19, 2006; and revised in accordance with the Decision of the State Council on Amending Some Administrative Regulations on February 6, 2016) Chapter I General Provisions Article 1 These Regulations are formulated for the purpose of strengthening administration of scenic and historic areas and effectively protecting and rationally utilizing scenic and historic resources. Article 2 These Regulations apply to the establishment, planning, protection, utilization and administration of scenic and historic areas. The term “scenic and historic area” in these Regulations means an area that has aesthetic, cultural or scientific value, a concentration of natural and anthropological sites, a beautiful environment and is suitable for tourism or for scientific and cultural activities. Article 3 The State adheres to a principle of scientific planning, overall administration, strict protection and sustainable utilization of scenic and historic areas. Article 4 An administrative agency for a scenic and historic area, which is established by a local people's government at or above the county level in the place where die scenic and historic area is located, shall be responsible for protection, utilization and overall administration of the said scenic and historic area. Article 5 The competent construction department of the State Council shall be responsible for supervision and administration of scenic and historic areas throughout the country. Other relevant departments of the State Council shall, according to their respective functions and duties as specified by the State Council, be responsible for related aspects of supervision and administration of scenic and historic areas. The competent construction departments of the people's governments of provinces and autonomous regions and the competent departments for scenic and historic areas of municipalities directly under the Central Government shall be responsible for supervision and administration of scenic and historic areas within their respective administrative areas. Other relevant departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to their specific functions and duties, be responsible for related aspects of supervision and administration of scenic and historic areas. Article 6 All organizations and individuals shall have the obligation to protect scenic and historic resources and have the right to stop and expose the acts of damaging such resources. Chapter II Establishment Article 7 Scenic and historic areas shall be established in order to aid in the protection and rational utilization of scenic and historic resources. A new scenic and historic area shall not overlap or intersect a nature reserve; where an established scenic and historic area overlaps or intersects a nature reserve, planning for the scenic and historic area shall be in harmony with that for the nature reserve. Article 8 Scenic and historic areas are classed as national or provincial. If a natural or anthropological site is a good example of a major natural vicissitude or important historic and cultural development, is still basically in a natural or original historic state and is representative of the country, application may be made to establish it as a national scenic and historic area; if it is representative locally, application may be made to establish it as a provincial scenic and historic area. Article 9 An application for establishment of a scenic and historic area shall be submitted with the following information: (1) background information on the scenic and historic resources; (2) outlines of the scenic and historic area to be established and outlines of its core area; (3) the character of the scenic and historic area to be established and the target of protection; (4) conditions in the scenic and historic area to be established suitable for tourism; and (5) content and result of consultation with the owners and users of the land, forests or other natural resources, and of buildings or other property in the scenic and historic area to be established. Article 10 To establish a national scenic and historic area, the people's government of the province, autonomous region or municipality directly under the Central Government shall submit an application, and the competent construction department of the State Council shall, jointly with the competent departments for environmental protection, forestry, cultural relics and other relevant departments of the State Council, hold an appraisal, form an opinion after its examination and submit the result to the State Council for approval and announcement. To establish a provincial scenic and historic area, the people's government at the county level shall submit an application, and the competent construction department of the people's government of the province or autonomous region, or the competent department for scenic and historic areas of the municipality directly under the Central Government shall, jointly with other relevant departments, hold an appraisal, form an opinion after its examination and submit the result to the people's government of the province, autonomous region or municipality directly under the Central Government for approval and announcement. Article 11 The lawful rights and interests of the owners and users of the land, forests or other natural resources, and of buildings or other property in a scenic and historic area shall be protected by law. The people's government that applies for establishment of a scenic and historic area shall fully consult with the owners and users of the land, forests or other natural resources, or of buildings or other property in the scenic and historic area before submitting the application for examination and approval. Where the establishment of a scenic and historic area results in loss to the owners or users of the land, forests or other natural resources, or of buildings or other property in the scenic and historic area , compensation shall be paid in accordance with law. Chapter III Planning Article 12 Planning for a scenic and historic area includes the master plan and detailed plan. Article 13 The master plan for a scenic and historic area shall take into account the requirement to maintain harmony between human society and nature, to balance development among different regions of the country and to promote comprehensive economic and social progress, adhere to a principle of putting protection first and development second, and make the natural characteristics, cultural significance and local characteristics of the scenic and historic resources stand out. The master plan for a scenic and historic area shall include the following: (1) assessment of the scenic resources; (2) measures for protecting ecological resources, layout of major construction projects and development or utilization intensity; (3) functional framework and dimensions of the scenic and historic area; (4) the outlines of the area where development is to be prohibited or limited; (5) tourism capacity of the scenic and historic area; and (6) relevant plans for special items. Article 14 A master plan shall be formulated within two years from the date of establishment of a scenic and historic area. The term of the master plan shall generally be 20 years. Article 15 The detailed plan for a scenic and historic area shall be formulated to meet the different requirements of its core area and other areas, specify the site, layout and scale for construction projects such as infrastructure, tourist facilities and cultural facilities and define the outlines of the land needed for construction and its design conditions. The detailed plan for a scenic and historic area shall be in conformity with its master plan. Article 16 The making of the planning for national scenic and historic areas shall be organized by the competent construction departments of the people's governments of provinces or autonomous regions, or by the competent departments for scenic and historic areas of the people's governments of municipalities directly under the Central Government. The making of the planning for provincial scenic and historic areas shall be organized by the people's governments at the county level. Article 17 The planning for scenic and historic areas shall be made by organizations with the corresponding grade of qualifications, which shall be selected through fair competition such as public bidding. The planning for a scenic and historic area shall be made in the light of the examined and approved outlines, character and target of protection of the scenic and historic area and in accordance with relevant laws, regulations and technical criteria of the State. Article 18 In making the planning for a scenic and historic area, opinions shall be fully solicited from relevant departments, the general public and experts, and a hearing shall be held when necessary. The materials concerning the planning for a scenic and historic area to be submitted for examination and approval shall include the opinions of all circles of society, circumstances about adoption of such opinions and reasons for not adopting some opinions. Article 19 The master plans for national scenic and historic areas shall, after examination by the people......