Law of the People's Republic of China on Ecological Protection of the Tibetan Plateau

Law of the People's Republic of China on Ecological Protection of the Tibetan Plateau

Order of the President of the People's Republic of China

(No. 5)

The Law of the People's Republic of China on Ecological Protection of the Tibetan Plateau, as adopted at the 2nd Session of the Standing Committee of the Fourteenth National People's Congress of the People's Republic of China on April 26, 2023, is hereby issued and shall come into force on September 1, 2023.

Xi Jinping, President of the People's Republic of China

April 26, 2023

Law of the People's Republic of China on Ecological Protection of the Tibetan Plateau

(Adopted at the 2nd Session of the Standing Committee of the Fourteenth National People's Congress on April 26, 2023)

Table of Contents

Chapter I General Provisions

Chapter II Ecological Security Layout

Chapter III Ecological Protection and Repair

Chapter IV Ecological Risk Prevention and Control

Chapter V Guarantees and Supervision

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted for the purposes of strengthening the ecological protection of the Tibetan Plateau, preventing and controlling ecological risks, guaranteeing ecological security, building a hub of national ecological civilization, promoting sustainable economic and social development, and achieving the harmonious coexistence of man and nature.

Article 2 Where activities related to the ecological protection of the Tibetan Plateau are engaged in or involved, this Law shall apply; if this Law is silent thereon, any other relevant law shall apply.

For the purposes of this Law, “Tibetan Plateau” means all the administrative areas of the Tibet Autonomous Region and Qinghai Province and the relevant county-level administrative areas of the Xinjiang Uygur Autonomous Region, Sichuan Province, Gansu Province, and Yunnan Province.

Article 3 The ecological protection of the Tibetan Plateau shall follow principles of respecting nature, following its laws, and protecting it; adhering to ecological protection first, a focus on natural restoration, and the guarantee of natural ecological security; and adhering to overall coordination, classified implementation of policies, scientific prevention and control, and systematic governance.

Article 4 The state shall establish a mechanism for coordinating the ecological protection of the Tibetan Plateau, provide overall guidance and comprehensive coordination of the ecological protection of the Tibetan Plateau, deliberate major policies, plans, and projects for the ecological protection of the Tibetan Plateau, coordinate major cross-regional and cross-departmental issues, and urge and inspect the implementation of relevant important work.

The relevant departments of the State Council shall be responsible for the work related to the ecological protection of the Tibetan Plateau according to the division of responsibilities.

Article 5 Local people's governments at all levels in the Tibetan Plateau shall implement responsibilities for ecological protection and repair, ecological risk prevention and control, optimization of industrial structure and layout, and maintenance of ecological security in the Tibetan Plateau, among others, within their administrative areas.

The relevant regions in the Tibetan Plateau shall strengthen cooperation in the formulation of local regulations and local government rules, compilation of plans, supervisory law enforcement, and other aspects as needed and jointly advance the ecological protection of the Tibetan Plateau.

Article 6 The State Council and the local people's governments at or above the county level in the Tibetan Plateau shall incorporate the ecological protection of the Tibetan Plateau into national economic and social development plans.

The relevant departments of the State Council shall, in accordance with the division of responsibilities, organize the compilation of special plans for the ecological protection and repair of the Tibetan Plateau, among others, organize the implementation of major ecological repair and other projects, and overall advance the ecological protection and repair of the Tibetan Plateau and other work. The local people's governments at or above the county level in the Tibetan Plateau shall organize the implementation of special plans related to the ecological protection and repair of the Tibetan Plateau, among others, within their respective administrative areas in accordance with the relevant provisions issued by the state. The compilation of special plans for the ecological protection and repair of the Tibetan Plateau, among others, shall be subject to scientific demonstrations and assessments.

Article 7 The state shall strengthen the investigation of the conditions of land, forests, grasslands, rivers, lakes, wetlands, glaciers, deserts, wild animals and plants, and other natural resources and the conditions of the ecology and environment in the Tibetan Plateau, evaluate regional resource and environmental carrying capacity and suitability for territorial space development, improve the monitoring network system for the ecology and environment, natural resources, biodiversity, hydrology, meteorology, geology, water and soil conservation, and natural disasters in the Tibetan Plateau, and advance comprehensive, coordinated, and regular monitoring. Investigation, evaluation, and monitoring information shall be shared in accordance with the relevant provisions issued by the state.

Article 8 The state shall encourage and support scientific investigation and research in the Tibetan Plateau, strengthen research on major scientific and technological issues and construction of major scientific and technological infrastructure in the fields of climate change, biodiversity, ecological protection and repair, hydrological and water resources, snow-capped mountains, glaciers, frozen grounds, water and soil conservation, desertification control, river and lake evolution, geological environment, the monitoring, early warning, and prevention of natural disasters, the development, utilization, and protection of energy and climate resources, and ecosystem carbon sinks, among others, in the Tibetan Plateau, promote long-term research work, and understand the ecological conditions of the Tibetan Plateau and their changes.

The state shall overall lay out scientific and technological innovation platforms for the ecological protection of the Tibetan Plateau, intensify efforts to train scientific and technological professionals, leverage the results of the scientific investigations and research into the Tibetan Plateau, promote the application of advanced and applicable technologies, facilitate the transformation of scientific and technological achievements, and maximize the role of science and technology in supporting the ecological protection of the Tibetan Plateau.

Article 9 The relevant departments of the State Council and the local people's governments at all levels shall take effective measures to protect the traditional ecological cultural heritage in the Tibetan Plateau and promote the excellent ecological culture in the Tibetan Plateau.

The relevant departments of the State Council and the local people's governments at all levels shall strengthen publicity and education about and scientific literacy for the ecological protection of the Tibetan Plateau, spread the concept of ecological civilization, advocate a green and low-carbon lifestyle, improve the public awareness of ecological civilization, and encourage and support entities and individuals' participation in activities related to the ecological protection of the Tibetan Plateau.

The news media shall publicize and report on the ecological protection of the Tibetan Plateau in various forms and conduct public opinion supervision on illegal acts in accordance with the law.

Article 10 Entities and individuals that make extraordinary contributions to the ecological protection of the Tibetan Plateau shall be commended and rewarded in accordance with the relevant provisions issued by the state.

Chapter II Ecological Security Layout

Article 11 The state shall develop an overall plan for the ecological security layout in the Tibetan Plateau, advance the comprehensive, systematic, and source-oriented governance of mountains, rivers, forests, farmlands, lakes, grasslands, deserts, and glaciers, implement major projects for the protection and repair of important ecosystems, optimize the ecological security shield system of the Tibetan Plateau with main ecological functions including source conservation, biodiversity protection, soil and water conservation, windbreak and sand stabilization, and ecosystem carbon sinks, improve the quality, diversity, stability, and sustainability of ecosystems, enhance the supply capacity of ecological products and the service functions of ecosystems, and build the state's strategic region of ecological security shields.

Article 12 When organizing the compilation of territorial space plans for their respective administrative areas, the local people's governments at or above the county level in the Tibetan Plateau shall implement the requirements related to the development and protection of territorial space in the Tibetan Plateau, make detailed arrangements for agricultural, ecological, urban, and other functional space, coordinate the delineation of cultivated land, permanent basic farmland, ecological protection limits, and urban development limits. Special plans related to the utilization of territorial space in the Tibetan Plateau shall be connected with the territorial space plans.

Article 13 Territorial space development and utilization activities in the Tibetan Plateau shall comply with the control requirements for uses of territorial space. The conversion of uses within the ecological space of the Tibetan Plateau shall be conducive to enhancing the ecological functions of ecosystems such as forests, grasslands, rivers, lakes, wetlands, glaciers, and deserts.

The provincial people's governments in the Tibetan Plateau shall strengthen the supervision and administration of human activities within the ecological conservation red lines and regularly assess the effectiveness of ecological protection.

Article 14 The provincial people's governments in the Tibetan Plateau shall, based on the ecological, environmental, and resource utilization conditions of their respective administrative areas, in accordance with the requirements of ecological conservation red lines, minimum standards for environmental quality, and ceilings on resource utilization, strictly compile zone-based ecological and environmental management and control plans and ecological and environmental access lists and implement the plans and lists after filing them for recordation with the ecology and environment department of the State Council. The zone-based ecological and environmental management and control plans and the ecological and environmental access lists shall be connected with territorial space plans.

Article 15 The state shall strengthen the protection of forests, alpine meadows, grasslands, rivers, lakes, wetlands, snow-capped mountains, glaciers, alpine frozen grounds, deserts, springs, and other ecosystems in the Tibetan Plateau and consolidate and improve the source conservation, biodiversity protection, soil and water conservation, windbreak, sand stabilization, and other biological functions of the Source of Three Rivers (the Yangtze River, the Yellow River, and the Lancang River) Grassland, Meadow, and Wetland Ecological Functional Area; the Zoige Grassland and Wetland Ecological Functional Area; the Gannan Yellow River Important Watershed Ecological Functional Area; the Qilian Mountain Glacier and Water Conservation Ecological Functional Area; the Altun Grassland Desertification Prevention and Control Ecological Functional Area; the Sichuan-Yunnan Forest and Biodiversity Ecological Functional Area; the Southeast Tibet Forest Ecological Functional Area on the Edge of the Tibetan Plateau; the Northwest Tibet Changthang Desert Ecological Functional Area, the Mount Everest Biodiversity Protection and Water Conservation Ecological Functional Area; and other national key ecological functional areas.

Article 16 The state shall support the development of the Tibetan Plateau nature reserve system. The State Council and the provincial people's governments in the Tibetan Plateau shall establish national parks, nature reserves, nature parks, and other protected natural areas in accordance with the law in the complete distribution areas of important typical ecosystems, ecologically and environmentally sensitive areas, natural concentrated distribution areas of and important habitats for precious and endangered or endemic wild animals and plants, important natural relics, and important natural landscape distribution areas, advance the construction of the sources of three rivers, the Qilian Mountains, Qiangtang, Mount Everest, the Gaoligong Mountains, Mount Gongga, and other protected natural areas, and maintain the authenticity and integrity of important natural ecosystems.

Article 17 The industrial structure and layout in the Tibetan Plateau shall be commensurate with the ecosystems and resource and environmental carrying capacity of the Tibetan Plateau. The relevant departments of the State Council and the local people's governments at or above the county level in the Tibetan Plateau shall, as required by territorial space plans, adjust the industrial structure, optimize the layout of productivity, give priority to the development of resource-saving and environment-friendly industries, moderately develop ecotourism, characteristic culture, characteristic agriculture and animal husbandry, national characteristic handicrafts, and other regional characteristic ecological industries, and establish and improve a green, low-carbon, and circular economic system.

The construction and expansion of industrial projects in the Tibetan Plateau shall comply with the orientation of regional main functions and the requirements of national industrial policy and strictly implement the provisions on the development of natural resources and industrial access and exit.

Chapter III Ecological Protection and Repair

Article 18 The state shall strengthen the ecological protection and repair of the Tibetan Plateau, adhere to the integrated protection and repair of mountains, rivers, forests, farmlands, lakes, grasslands, deserts, and glaciers, and implement systematic governance that focuses on natural restoration and combines natural restoration with artificial repair.

Article 19 The relevant departments of the State Council and relevant local people's governments shall strengthen the work of ecological protection and repair in the source of three rivers, conduct systematic protection and zone-based and classified management of national parks established in accordance with the law, scientifically adopt measures such as grazing ban and enclosure, increase efforts to manage degraded grasslands, degraded wetlands, and deser......