Chapter 1, General
Article 1. These Regulations are formulated in order to strengthen the construction and management of nature reserves and to protect the natural environment and natural resources.
Article 2. The nature reserves referred to in these Regulations refer to the terrestrial and terrestrial bodies of water that are representative of natural ecological systems, natural concentrated areas of rare and endangered species of wild animals and plants, natural relics with special significance, etc. Or, in the sea area, areas with special areas for special protection and management are designated according to law.
Article 3 All regulations for the construction and management of nature reserves within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China must be complied with.
Article 4. The state adopts economic and technological policies and measures conducive to the development of nature reserves and incorporates the development plans for nature reserves into national economic and social development plans.
Article 5. The construction and management of nature reserves shall properly handle the relationship with the local economic construction and the production and living of the residents.
Article 6. The nature reserves management agency or its administrative department may accept donations from domestic and foreign organizations and individuals for the construction and management of nature reserves.
Article 7 People's governments at or above the county level shall strengthen their leadership over the work of nature reserves.
All units and individuals have the obligation to protect the natural environment and natural resources within natural reserves, and have the right to report or sue units and individuals that damage or invade the nature reserves.
Article 8: The State implements a management system that integrates integrated management and sub-sector management of nature reserves.
The administrative department of environmental protection under the State Council shall be responsible for the comprehensive management of nature reserves throughout the country.
The relevant administrative authorities of the State Council, including forestry, agriculture, geology and mineral resources, water conservancy, and marine affairs, are in charge of the nature reserves concerned within their respective areas of responsibility.
The establishment and responsibilities of the departments responsible for the management of nature reserves at or above the county level shall be determined by the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government in accordance with the specific conditions of the local area.
Article 9 The people's government shall give awards to units and individuals that have made outstanding achievements in the construction and management of nature reserves and related scientific research.
Chapter II Construction of Nature Reserves
Article 10: Any one of the following conditions shall establish a nature reserve:
(1) Typical natural geographical areas, representative natural ecosystem areas, and similar natural ecosystem areas that have been damaged but can be restored after protection;
(2) natural concentrated distribution areas of rare and endangered species of wild animals and plants;
(3) Sea areas, coasts, islands, wetlands, inland waters, forests, grasslands and deserts with special protection values;
(4) natural relics such as geological structures, famous caves, fossil distribution areas, glaciers, volcanoes, and hot springs with significant scientific and cultural values;
(5) Other natural areas that require special protection as approved by the State Council or the people's government of a province, autonomous region, or municipality directly under the Central Government.
Article 11 Nature reserves are divided into national nature reserves and local nature reserves.
The nature reserves that have typical significance at home and abroad, have significant international impact in science, or have special scientific research value are listed as national nature reserves.
Except for being listed as a national nature reserve, other nature reserves with typical significance or important scientific research value are listed as local-level nature reserves. Local-level nature reserves may be subject to hierarchical management. The specific measures shall be reported to the competent department of environmental protection administration under the State Council for the record by the relevant administrative department of the nature reserve of the State Council or the people's government of the province, autonomous region or municipality directly under the Central Government in accordance with the actual conditions.
Article 12. The establishment of a national nature reserve shall be submitted by the people’s government of the province, autonomous region, or municipality directly under the Central Government where the nature reserve is located or by the administrative department of the nature reserve of the State Council. After being appraised by the National Nature Reserve Evaluation Committee, the The competent department of environmental protection administration of the State Council shall coordinate and submit proposals for approval and report to the State Council for approval.
The establishment of a local nature reserve shall be applied by the competent administrative department of the nature reserve of the county, autonomous county, municipality or autonomous prefecture where the nature reserve is located or by the people's government of the province, autonomous region, or municipality directly under the Central Government, and shall be reviewed by the evaluation committee of the local nature reserve. After that, the environmental protection administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the central government shall coordinate and submit proposals for approval to the people’s governments of provinces, autonomous regions, and municipalities directly under the Central Government for approval, and to the environmental protection administrative department of the State Council and the relevant administrative department of the nature reserve of the State Council for the record. .
For the establishment of nature reserves that span more than two administrative regions, the people’s governments of the relevant administrative regions shall submit an application through consultation and apply for approval in accordance with the procedures stipulated in the preceding two paragraphs.
The establishment of marine nature reserves must be approved by the State Council.
Article 13: To apply for the establishment of a nature reserve, a declaration form for the nature reserve shall be completed and reported in accordance with the relevant provisions of the State.
Article 14 The scope and boundary of a nature reserve shall be determined by the people's government that approves the establishment of a nature reserve, and the boundary of the area shall be marked and an announcement shall be made.
In determining the scope and boundary of a nature reserve, the integrity and appropriateness of the object of protection should be taken into account, as well as the needs of local economic construction and residents' production and living.
Article 15 The withdrawal of a nature reserve and the adjustment or change of its nature, scope, and boundaries shall be approved by the people's government that originally approved the establishment of the nature reserve.
No unit or individual may arbitrarily move the boundary of a nature reserve.
Article 16 Nature reserves are named according to the following methods:
National Nature Reserve: The name of the place where the nature reserve is located plus "National Nature Reserve".
Local-level nature reserves: The name of the place where the nature reserve is located adds "local-grade nature reserve".
For nature reserves with special protection objects, the name of the special protection object may be added to the place name of the nature reserve.
Article 17 The competent department of environmental protection administration under the State Council shall, together with the relevant administrative department of the nature reserve of the State Council, formulate plans for the development of the national nature reserve on the basis of the investigation and evaluation of the natural environment and natural resources in the country. After a comprehensive balance of departments, it is submitted to the State Council for approval.
The nature reserve management agency or the administrative department of the nature reserve shall organize the compilation of the construction plan for the nature reserve, and incorporate it into the national, local or departmental investment plans in accordance with the prescribed procedures, and organize the implementation.
Article 18 Nature reserves can be divided into core areas, buffer areas and experimental areas.
The well-preserved natural state ecosystems and the centralized distribution areas of rare and endangered animals and plants in nature reserves shall be designated as core areas and shall not be allowed to enter by any entity or individual; except in accordance with the provisions of Article 27 of these regulations. It is also not allowed to enter scientific research activities.
A buffer area with a certain area can be delimited on the periphery of the core area, and it is only allowed to enter scientific research and observation activities.
The periphery of the buffer zone is zoned as an experimental area and can enter activities such as scientific experiments, teaching practice, visits and inspections, tourism and domestication, reproduction and rare and endangered wildlife.
The people's government that originally approved the establishment of a nature reserve may, when it deems it necessary, delimit a certain area of ​​the external protection zone outside the nature reserve.
Chapter III. Management of Nature Reserves
Article 19: The technical specifications and standards for the management of nature reserves throughout the country shall be formulated by the competent administrative department of the nature reserves of the State Council organized by the competent department of environmental protection administration under the State Council.
The administrative department of the nature reserve of the State Council concerned may, in accordance with the division of responsibilities, formulate the technical specifications for the management of the type of nature reserve and submit it to the competent department of environmental protection administration under the State Council for the record.
Article 20: The competent administrative department of environmental protection of the people's government at or above the county level shall have the power to supervise and inspect the management of various nature reserves in the administrative area; the administrative department in charge of the nature reserve of the people’s government at or above the county level shall have the power to supervise it. The management of nature reserves is supervised and inspected. The unit being inspected shall truthfully reflect the situation and provide the necessary information. The examiner shall keep the technical secrets and business secrets of the inspected unit.
Article 21 National nature reserves shall be managed by the competent administrative department of nature reserves of the people's government of the province, autonomous region or municipality directly under the Central Government where they are located or by the administrative department of the nature reserve of the State Council. The nature reserves at the local level shall be managed by the administrative department in charge of nature reserves of the local people's government at or above the county level where they are located.
The administrative department of the nature reserve concerned shall establish a special management agency within the nature reserve, be equipped with professional and technical personnel, and be responsible for the specific management of the nature reserve.
Article 22 The main responsibilities of a nature reserve management agency are:
(1) Implementing the laws, regulations, guidelines, and policies of the state regarding natural protection;
(2) Formulating various management systems for nature reserves and unified management of nature reserves;
(3) to investigate natural resources and establish archives, organize environmental monitoring, and protect the natural environment and natural resources within the nature reserves;
(4) Organizing or assisting relevant departments in carrying out scientific research work in nature reserves;
(5) carrying out publicity and education on nature protection;
(6) Organize visits, tours and other activities without prejudice to the protection of natural environments and natural resources of nature reserves.
Article 23 The funds required for the management of nature reserves shall be arranged by local people's governments at or above the county level where the nature reserve is located. The state provides appropriate financial subsidies for the management of national nature reserves.
Article 24: The public security organs at the place where the nature reserve is located may, in accordance with needs, set up public security agencies in the nature reserves to maintain public order in the nature reserves.
Article 25 Units, residents, and persons who have been approved to enter a nature reserve within a nature reserve must abide by the various nature reserves management systems and accept the management of the nature reserve management agency.
Article 26 It is forbidden to carry out activities such as felling, grazing, hunting, fishing, collecting herbs, reclaiming rice, burning waste, mining, quarrying, and dredging within a nature reserve, unless otherwise provided by laws and administrative regulations.
Article 27: It is forbidden for anyone to enter the core area of ​​a nature reserve. For the needs of scientific research, if it is necessary to enter the core area to conduct scientific research observation and investigation activities, it shall submit an application and activity plan to the nature reserve management institution in advance and be approved by the relevant administrative department of the nature reserve of the people's government at or above the provincial level; The entry into the core area of ​​a national nature reserve must be approved by the competent administrative department of nature reserves of the State Council.
Where it is necessary for the original residents in the nature reserve of the nature reserve to move out, the local people's government at the place where the nature reserve is located shall properly place it.
Article 28 It is forbidden to carry out tourism and production and business activities in the buffer zone of nature reserves. For the purposes of teaching and scientific research, if it is necessary to enter the buffer zone of the nature reserve to engage in non-destructive scientific research, teaching practice, and specimen collection activities, the application and activity plan shall be submitted to the nature reserve management institution in advance, and the management institution of the nature reserve Approved.
Units and individuals engaged in the activities of the preceding paragraph shall submit a copy of the results of their activities to the management agencies of nature reserves.
Article 29 Where visits and tourism activities are carried out in the experimental areas of national nature reserves, plans are put forward by the management agencies of nature reserves, and after examination by the administrative departments of natural reserves of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government, The relevant administrative department of the nature reserve of the State Council approves; where visits and tourist activities are carried out in the experimental area of ​​a local-level nature reserve, the plan shall be put forward by the nature reserve management agency, and the administrative department of the nature reserve of the people's government of the province, autonomous region, or municipality directly under the Central Government. Approved.
The organization of visits and tourism activities in the nature reserves must be carried out in accordance with the approved plan and the management must be strengthened. Units and individuals that visit the natural reserve and travel should be subject to the management of the nature reserve management agency.
It is forbidden to set up visits and tourism projects that are inconsistent with the protection of natural reserves.
Article 30. If the nature reserve is not partitioned internally, it shall be managed in accordance with the provisions of the present Regulations concerning the core area and the buffer zone.
Article 31 If a foreigner enters a natural reserve at a local level, the receiving unit shall report in advance to the relevant administrative department of the nature reserve of the people's government of the province, autonomous region, or municipality directly under the Central Government for approval; if it enters a national nature reserve, the receiving unit shall report Approved by the competent administrative department of nature reserves of the State Council.
Foreigners entering natural reserves shall abide by the laws, regulations, and regulations concerning the nature reserves.
Article 32. No production facilities shall be built in the core areas and buffer zones of nature reserves. In the experimental areas of nature reserves, no production facilities that pollute the environment or destroy resources or landscapes shall be built; in the construction of other projects, the discharge of pollutants shall not exceed the national and local pollutant discharge standards. If a facility that has been built in the experimental area of ​​a nature reserve has its pollutant discharge exceeding the national and local emission standards, it shall be treated within a time limit; if it causes damage, it must take remedial measures.
Projects built on the external protection zones of nature reserves must not damage the environmental quality within the nature reserves; if damages are caused, they shall be treated within a time limit.
The deadlines for governance decisions are made by the organs stipulated by laws and regulations, and the enterprises and institutions that are subject to deadlines must complete the tasks of governance on schedule.
Article 33: Units and individuals that have caused or may cause pollution or destruction of nature reserves due to an accident or other sudden event must immediately take measures to deal with it, and promptly report to the units and residents who may be harmed, and to nature protection. The district management agencies, local environmental protection administration authorities, and nature reserve administrative departments reported and were investigated and dealt with.
Chapter IV, Legal Liability
Article 34. Units and individuals that commit any of the following acts in violation of the provisions of these Regulations shall be ordered by the nature reserve management agency to make corrections, and may be fined not less than 100 yuan but not more than 5,000 yuan depending on the circumstances:
(1) unauthorized moving or destruction of the boundary of nature reserves;
(2) Unauthorized access to nature reserves or disobedience to the management of a regulatory agency within a nature reserve;
(3) Units and individuals that have been approved to engage in scientific research, teaching practice, and collection of specimens within the buffer zone of a nature reserve shall not submit copies of the results of their activities to the nature reserve management agency.
Article 35. In violation of the provisions of these Regulations, units and individuals engaged in activities such as felling, grazing, hunting, fishing, collecting herbs, reclaiming, burning waste, mining, quarrying, dredging, etc. in nature reserves may, in addition to the relevant laws Where the administrative regulations provide for penalties, the administrative department of the nature reserve or its authorized nature reserve management agency of the people's government at or above the county level shall confiscate the illegal gains, order it to cease the illegal act, restore the original state within a specified time, or take other remedial measures; If the nature reserve causes damage, it may impose a fine of 300 yuan up to 10,000 yuan.
Article 36. Administrative agencies of nature reserves that violate the provisions of these Regulations, and refuse to supervise and inspect the administrative department of environmental protection or the administrative department of the nature reserve concerned, or defraud it when examined, shall be subject to the environmental protection administration of the people’s government at or above the county level. The competent department or the relevant administrative department of nature reserves shall impose a fine of not less than 300 yuan but not more than 3,000 yuan.
Article 37 If a nature reserve management agency violates the provisions of these Regulations and conducts one of the following acts, the administrative department of the nature reserve of the people's government at or above the county level shall order it to make corrections within a time limit; for those directly responsible, the unit to which it belongs shall be Higher authorities give administrative sanctions:
(1) Carrying out visits and tourist activities in natural reserves without approval;
(2) Open visits and tourism projects that are inconsistent with the protection of natural reserves;
(3) Visits and tourist activities are not carried out in accordance with the approved plan.
Article 38 Where, in violation of the provisions of these Regulations, any loss is caused to nature reserves, the competent administrative department of nature reserves of the people's government at or above the county level shall order damages.
Article 39 Where the management personnel of nature reserves are hindered from performing their official duties, the public security organ shall punish them in accordance with the "Regulations of the People's Republic of China on Public Security Administration Punishments." If the circumstances are serious and constitute a crime, criminal responsibility shall be investigated according to law.
Article 40 Anyone who, in violation of the provisions of these Regulations, causes major pollution or damage to nature reserves, causes serious losses of public or private property or causes serious consequences of personal injury or death, and constitutes a crime, shall directly investigate the responsible persons in charge and other directly responsible persons. responsibility.
Article 41. If a nature reserve administrative officer abuses his power, neglects his duty, engages in malpractice for personal gains and constitutes a crime, he shall be investigated for criminal responsibility according to law. If the circumstances are minor and it does not constitute a crime, the administrative unit of his or her unit or the higher authority shall impose administrative sanctions.
Chapter V, Supplementary Provisions
Article 42 The administrative department of the nature reserve of the State Council concerned may, in accordance with these Regulations, formulate measures for the administration of the nature reserves of the type concerned.
Article 43. The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with these Regulations, formulate measures for implementation.
Article 44 This Regulation shall come into force on December 1, 1994.
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