Regulations of the People's Republic of China on Nature Reserves (2017 Revision)

Regulations of the People's Republic of China on Nature Reserves (2017 Revision) Regulations of the People's Republic of China on Nature Reserves (Issued by Order No. 167 of the State Council of the People's Republic of China on October 9, 1994; revised in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations by the Order No. 588 of the State Council on January 8, 2011; and amended in accordance with the Decision of the State Council to Amend Certain Administrative Regulations by the Order No. 687 of the State Council on October 7, 2017) Chapter I: General Provisions Article 1 These Regulations are formulated with a view to strengthening the construction and management of nature reserves and protecting the natural environment and resources. Article 2 The nature reserves as referred to in these Regulations mean the areas delimited according to relevant laws for special protection and administration in the areas where typical natural ecological systems, and precious, rare and vanishing wildlife species are naturally concentrated, or in the dry land, water area on the land and sea area where protected objects such as natural traces with special significance are situated. Article 3 All establishment and management of nature reserves within the territory of the People's Republic of China or the other sea areas under the jurisdiction of the People's Republic of China must be conducted in conformity with these Regulations. Article 4 The State shall incorporate the development plan of nature reserves into the national economic and social development plans by means of adopting economic and technological policies and measures favorable to the development of nature reserves. Article 5 The local economic construction, the production activities and everyday life of local residents shall be properly taken into consideration in the establishment and management of a nature reserve. Article 6 Nature reserves administrative agencies and their competent administrative departments may accept grants from both domestic and foreign organizations and individuals for the establishment and management of nature reserves. Article 7 The people's governments at or above the county level shall strengthen leadership in the work of nature reserves. All units and individuals shall have the obligation to protect the natural environment and resources within nature reserves and have the right to inform against or lodge complaints with the units or individuals who damage or encroach the nature reserves. Article 8 The State shall institute a system which combines integrated management with separate departmental management for the management of nature reserves. The competent department of environment protection under the State Council is responsible for the integrated management of the nature reserves throughout the country. The competent departments of forestry, agriculture, geology and mineral resources, water conservancy, and marine affairs and other departments concerned are respectively responsible for relevant nature reserves under their jurisdiction. The people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, according to the specific condition of the locality, decide on the establishment and the responsibilities of the administrative departments of nature reserves in the people's governments at or above the county level. Article 9 The people's governments at various levels shall give awards to the units or the individuals who have made outstanding contributions to the establishment and management of nature reserves or the related scientific research. Chapter II: Establishment of Nature Reserves Article 10 In the areas which meet one of the following requirements, a nature reserve shall be established: (1) typical physiographic areas, typical natural ecosystem areas, and those areas where the natural ecosystems have been damaged , but can be restored to the same category of natural ecosystems by proper protection; (2) where precious, rare and vanishing wildlife species are naturally concentrated; (3) having marine and coastal areas, islands, wetland, inland water bodies, forests, grassland and deserts which are of special protection value; (4) natural remains which are of significant scientific or cultural value, such as geological structures, famous karst caves, fossil distribution areas, glaciers, volcanoes, and hot springs; (5) other natural areas need to be specially protected upon the approval of the State Council or the people's governments of provinces, autonomous regions or municipalities directly under the Central Government. Article 11 The nature reserves consist of national and local nature reserves. National nature reserves include those of typical significance in or out of the country, and those of significant international influence in science, or of special value in scientific research. Local nature reserves include those, other than the national ones, which are of typical significance or with special value in scientific research. Local nature reserves may be managed by local governments at different levels. The specific measures shall be formulated by the competent department of nature reserves under the State Council or by the people's governments of provinces, autonomous regions or municipalities directly under the Central Government according to their specific conditions, and shall be submitted to the competent department of environment protection under the State Council for the record. Article 12 The establishment of a national nature reserve requires an application from the people's government of the province, autonomous region or municipality directly under the Central Government where the proposed nature reserve is located or from the competent department of nature reserves under the State Council. After the appraisal by the national nature reserves appraisal committee, the competent department of environment protection under the State Council shall coordinate with relevant department to provide appraisal comments on the application and then submit it to the State Council for its approval. The establishment of a local nature reserve requires an application from the people's government of the county, autonomous county, municipality or autonomous prefecture where the proposed nature reserve is located, or the competent department of nature reserves in the people's government of the relevant province, autonomous region or municipality directly under the Central Government. After the appraisal by local nature reserves appraisal committee, the competent department of environment protection administration in the people's government of the province, autonomous region or municipality directly under the Central Government shall coordinate with relevant departments to provide appraisal comments on the application and then submit it to the people's government of the province, autonomous region or the municipality directly under the Central Government for its approval, and meanwhile submit it to the competent department of environment protection under the State Council and the relevant competent department of nature reserves under the State Council for the record. The establishment of a nature reserve involving more than two administrative regions, requires an application from the people's governments of relevant regions after their consultations. Then the application shall go through the same procedures as described in the preceding two paragraphs. The establishment of a maritime nature reserv......