Règlement sur la protection et la gestion des sites pittoresques (révision)

Wenshan Zhuang and Miao Autonomous Prefecture, Yunnan Province

Regulations on the Protection and Management of Puzhehei Scenic Area

 

(2007On February 9, 2007, the second meeting of the 12th people's congress of Wenshan Zhuang and Miao autonomous prefecture of Yunnan province was approved by the 28th meeting of the standing Committee of the 10th people's congress of Yunnan province on March 30, 2007. the fifth meeting of the 13th people's congress of Wenshan Zhuang and Miao autonomous prefecture of Yunnan province was revised and approved by the 18th meeting of the standing Committee of the 12th people's congress of Yunnan province on may 29, 2015)

Chapter I General Provisions

Article 1 In order to strengthen the protection, management and rational development and utilization of the Puzhehei Scenic Area (hereinafter referred to as the scenic area) in Qiubei County, Wenshan Zhuang and Miao Autonomous Prefecture, in accordance with the Environmental Protection Law of the People's Republic of China, the State Council's Regulations on Scenic Spots and other relevant laws and regulations, Combined with the actual situation of the scenic spot, formulate these regulations.

Article 2 Units and individuals that operate within the protection scope of scenic spots shall abide by these Regulations.

The third scenic area protection scope: from the starting point of the fork road of Shuangge line in the east, along the new Baishiyan, the upper Qingping to Xiangqi; From the south to Da Jia Le, along the old city Longtan to the fish pond; From Shikanzi in the west, from Shikanzi to Shizishan along the water outlet mountain of Zhilong Lake. From Tiger Chong in the north, along Yanfeng Mountain to Shuanglongying Qingcaotang Pond. The total area is 388 km².

Article 4 The protection, management, development and utilization of scenic spots shall adhere to the principles of scientific planning, protection priority, orderly development and sustainable utilization, so as to achieve the unity of ecological, economic and social benefits.

Article 5 The People's Government of the Autonomous Prefecture and Qiubei County shall strengthen the protection and management of scenic spots and incorporate them into the national economic and social development plan.

Article 6 The administrative organ of the People's Government of Qiubei County (hereinafter referred to as the administrative organ) shall be responsible for the protection, utilization and management of the scenic spot and provide services. Its main responsibilities are:

(1) to publicize and implement the relevant laws and regulations and these Regulations;

(2) to be responsible for the protection and management of the resources of the scenic spot;

(3) Do a good job in the investigation, registration and filing of scenic resources;

(4) to manage and maintain the infrastructure and public facilities of the scenic spot;

(5) to manage the construction activities and business activities in the scenic spot;

(6) to be responsible for the safety management in the scenic spot;

(7) to collect fees such as paid use fees for scenic resources in accordance with the law;

(8) to exercise the power of administrative punishment conferred by these regulations.

Article 7 The relevant functional departments of the People's Government of Qiubei County shall do a good job in the protection and management of scenic spots in accordance with the law. The people's governments of townships (towns) in scenic spots shall do a good job in the protection and management of scenic spots within their jurisdiction. Villagers' committees and villagers' groups in scenic spots shall assist in the protection and management of scenic spots.

Article 8 The People's Government of Qiubei County shall formulate preferential policies to support social forces to participate in the construction and development of scenic spots, and protect the legitimate rights and interests of investors in accordance with the law.

Article 9 The development and utilization of scenic spots shall take into account the interests of the masses, improve the production and life of the masses, and drive the local masses to become rich together. Enterprises in the scenic area shall give priority to recruiting qualified villagers in the scenic area.

Article 10 The People's Government of Qiubei County shall support and encourage the relocation of residents in the first and second protection zones.

Chapter II Planning and Construction

Article 11 The People's Government of Qiubei County shall organize the preparation of a scenic spot protection plan, submit it to the Standing Committee of the People's Congress at the same level for deliberation, submit it for approval in accordance with the law, and announce it to the public for implementation. The protection planning of scenic spots shall be connected with the overall planning of national scenic spots, national wetland parks, provincial nature reserves and tourist resorts. The approved scenic area protection plan shall not be changed. If it really needs to be changed, it shall be submitted for approval according to the original examination and approval procedures.

Article 12 Scenic spots shall be divided into water source protection areas and primary, secondary and tertiary protection areas. The scope of the water source protection area is: the water area of the Pendulum Lake, the Old City Longtan, the Qingping Reservoir and the water surface of the mountain sink.

The scope of the first-class protected area is: the perennial flood level in Yangdongtang water area extends 300 meters outward; The water area of Longquan Lake, Longquan Lake and its lakeside zone and the surface of the mountain sink are covered by the Wanni Village and Hongxing Lake via the Sinkhole Lake and Puzhehei Lake.

The scope of the second-level protected area is: outside the first-level protected area, from Shuangtangzi in the east to Xincheng along S206 line; From the south of Xincheng to the big block, it crosses the road along the eight-pendulum highway and the road along the river is located through Lion Mountain to Tiger Chong. From the north, the tiger rushed through Yanfeng Mountain to Shuangtang Zi.

The scope of the three-level protection zone is: the water source protection zone and the area outside the first and second-level protection zones.

The management agency shall set up boundary posts, boundary markers, etc. in accordance with the geographical boundaries of hierarchical protection, and publish them.

Article 13 The section of the first-level protected area along the banks of the river and around the lake where the perennial flood level line extends 70 meters outward is planned as a lakeside zone. For villages involved, the lakeside zone shall be reserved according to the village planning. The specific scope shall be designated by the people's Government of Qiubei County. In addition to the construction of necessary public facilities, it is forbidden to build other facilities in the lakeside zone. Existing buildings that do not conform to the protection plan of the scenic area shall be gradually relocated or demolished.

Article 14 It is forbidden to build, rebuild, expand industries and other projects that do not conform to the protection plan of scenic spots in the first and second protection zones; if they have been completed, they shall be relocated or demolished within a time limit.

It is forbidden to build new industrial projects in the third-level protected areas. If the original projects need to be rebuilt or expanded, they shall meet the requirements of the scenic area protection plan and environmental protection.

Article 15 The new construction, reconstruction, and expansion of various facilities and construction projects in the scenic spot, as well as the construction of civilian houses, shall comply with the protection plan of the scenic spot, and shall go through relevant procedures in accordance with the law after being reviewed by the management agency. Construction units and individuals shall, in accordance with the approved location, area, height, shape, color tone, etc.ProvisionsConstruction is carried out. Existing buildings that do not conform to the protection planning of scenic spots shall be gradually transformed, relocated or demolished.

Article 16 the people's Government of Qiubei County shall, in the scenic area, uniformly plan and build underground pipe networks such as water supply, sewage discharge, communications and electric power, as well as facilities for domestic sewage treatment and domestic garbage collection and treatment, so as to prevent and control pollution in the scenic area.

Article 17 Construction projects in scenic spots shall be subject to environmental impact assessment in accordance with the law, and the pollution prevention and control facilities of construction projects shall be designed, constructed and put into operation at the same time as the main project. Units and individuals involved in the construction of the project shall take effective measures to protect the surrounding ecological environment and cultural relics and monuments, and shall not cause pollution or damage.

Article 18 Guesthouses, hotels and residential inns (farmhouses) in scenic spots shall be equipped with catering grease pools, sewage treatment facilities and garbage collection facilities. If the facilities are not matched or cannot operate normally, they shall not be operated. The People's Government of Qiubei County shall encourage and support the construction of tertiary septic tanks in the residences of villagers in the scenic area.

Article 19 The People's Government of Qiubei County shall strengthen the administration of funerals in scenic spots, plan and build public welfare cemeteries, and promote cremation. It is forbidden to build or renovate tombs in water sources and first-class protected areas. Existing graves should be moved to public cemeteries.

Within the second-class protected areas, they shall be buried in public welfare cemeteries. Existing graves should be gradually moved to public cemeteries.

In the three-level protected areas, public welfare cemeteries are encouraged to be buried.

Chapter III Protection and Management

Article 20 The People's Government of Qiubei County shall strengthen the ecological environmental protection of the lake basins in the scenic area, increase the protection of forest land in the scenic area and the control of rocky desertification, and implement afforestation, closure of mountains for afforestation, and tending management. Slope land exceeding 25 degrees in the scenic area shall be gradually returned to forest and grassland.

Article 21 Water level control shall be implemented at important water level points in scenic spots: Dingjiashiqiao Reservoir has a perennial flood level of 1447.17 meters [1985 to the national elevation benchmark, the same below] and a minimum water level of 1444.50 meters; Shuangjiashan Gate has a perennial flood level of 1446.78 meters and a minimum water level of 1443.48 meters. Xihuang Wetland Gate has a perennial flood level of 1446.40 meters and a minimum water level of 1442.20 meters. Longquan Lake Gate has a perennial flood level of 1446.40 meters and a minimum of 1441.50 meters. According to the actual situation of flood control and drought relief, if the water level really needs to be adjusted, the people's government of Qiubei County shallDecision。

Article 22 The Longhu Lake in the scenic spot shall be protected in accordance with the national "Surface Water Environmental Quality Standards" Class I water quality standards, and the waters of the old city Longtan, Qingping Reservoir and the first-level protected area shall be protected in accordance with Class II water quality standards.

Article 23 The People's Government of Qiubei County shall strengthen the protection of wetlands in the scenic area, and take measures such as returning farmland, returning ponds, returning wetlands, dredging, dredging, intercepting pollution, and replenishing water to restore functionally degraded wetlands and promote wetland resources. sustainable use.

Article 24 The scenic spot shall be subject to the classified management of fishing ban and fishing.System. The People's Government of Qiubei County shall delimit and announce the no-fishing area and fishing area, and the no-fishing period shall be from March 1 to June 1 each year. During the fishing ban period, fishing activities and fishing outside the fishing area are prohibited.

Article 25 the people's Government of Qiubei County shall, in accordance with the agricultural resources and agricultural ecological environment in the scenic spot, formulate plans for the development of ecological agriculture, popularize the use of organic biological fertilizers, biological pesticides and green prevention and control technologies, guide and encourage the development of ecological agriculture and sightseeing agriculture, and reduce agricultural non-point source pollution.

Article 26 The following acts are prohibited in the third-level protected areas:

(1) Discharging oil and waste water exceeding the standard into lakes, reservoirs and rivers, dumping earth and rock, waste residue, garbage, carcasses of livestock and poultry, leftover food and other wastes;

(2) cleaning vehicles or containers for storing oil or toxic and harmful substances in lakes, reservoirs and river courses;

(3) engaging in aquaculture activities that pollute water bodies;

(4) Sabotage, stealing, buying and selling stalactites;

(5) destroying or moving boundary posts, boundary markers and various signs and public facilities without authorization;

(6) Fishing with harmful operating methods such as fried fish, poisonous fish, electric fish and the use of ground cages;

(7) Landfilling, reclaiming wetlands, filling lakes and enclosing lakes, blocking rivers and damming rivers and excavating river courses without authorization;

(8) Unauthorized introduction, domestication, breeding and release of non-native species;

(9) Unauthorized excavation and collection of wild plants listed in the national and provincial protection lists;

(10) using pesticides banned by the state;

(11) Deforestation for reclamation or grease, peeling, root digging, etc.;

(12) destroying the environment in which wild animals thrive and inhabit;

(13) to hunt or poison swans, wild geese, wild ducks and other wild animals;

(14) selling wild animals and their products on the national or provincial protection list without authorization;

(15) Use of fire in the forest area;

(16) to build sheds, set up stalls and occupy roads without authorization;

(Seventeen) chasing tourists to sell, on the road to solicit passengers, etc.

Article 27 In addition to complying with the provisions of Article 26 of these Regulations, the following acts are prohibited in the second-level protection zone:

(1) Building, rebuilding or expanding sewage outlets without authorization;

(2) using oil-powered motor vessels;

(3) Incineration and landfill of garbage;

(4) Setting up net cages, fish cages and river-blocking nets in lakes, reservoirs and river courses;

(5) littering peel, paper scraps and other garbage.

Article 28 In addition to complying with the provisions of Article 27 of these Regulations, the following acts are prohibited in the protected areas:

(1) Pile articles in the lakeside zone and the bank slope of the river channel entering the lake;

(2) occupying or destroying the lakeside zone;

(3) traveling by boat for sale;

(4) washing clothes, tableware, mops and other dirt in lakes and rivers or washing and killing animals;

(5) Cutting reeds, burning wasteland or picking lotus flowers, lotus leaves and lotus seeds without authorization, and digging wild lotus roots in rivers.;

(6) Swimming and grazing.

Article 29 In addition to complying with the provisions of Article 28 of these Regulations, the following acts are prohibited in the water source protection zone:

(1) New construction, reconstruction and expansion of projects unrelated to water supply facilities and protection of water sources;

(2) Installation of sewage outlets;

(3) Fishing;

(4) aquaculture, livestock and poultry breeding.

Article 30 Activities that damage the landscape and change the topography and landform, such as stone picking, sand quarrying and soil extraction, are prohibited in the scenic area. If it is really necessary for emergency rescue and disaster relief and the construction of public welfare projects, it shall be taken in a limited amount at the designated place with the approval of the people's government of Qiubei County. In the third-class protection zone, except for the approved self-built facilities of the masses that require a small amount of sand mining and soil extraction.

Thirty-first scenic resources to implement the system of paid use. If the resources of the scenic spot are used for business activities, the paid use fee for the resources of the scenic spot shall be paid. Specific collection of paid use fees for scenic resourcesApproach, formulated by the people's government of Qiubei County and submitted to the provincial people's government for approval. Scenic spot ticket prices should be reported to the price administrative department for approval.

Article 32 The livestock and poultry of farmers in the scenic area shall be kept in captivity, and the feces shall be treated innocuously; the new construction, reconstruction and expansion of large-scale livestock and poultry farms and breeding communities shall be prohibited in the first and second grade protection areas, and those that have been completed shall be gradually demolished or relocated; if the new construction, reconstruction and expansion of large-scale livestock and poultry farms and breeding communities are needed in the third grade protection area, It shall comply with the scenic protection plan and environmental protection area, the relevant procedures may be completed.

Article 33 Vessels in the scenic area shall be classified and registered by the management agency, and non-commercial vessels shall not be used to carry passengers. Vessels in scenic spots should be equipped with garbage collection devices. Garbage shall be collected at fixed points on the shore and treated in a harmless manner.

Article 34 Those engaged in business activities such as hotels, hotels, residential inns (farmhouses) in scenic spots shall, with the consent of the management agency, go through the relevant procedures and operate with a license.

Article 35 Units and individuals engaged in business activities in scenic spots shall operate in good faith at designated locations, areas and within the prescribed business scope, and shall not cheat or mislead tourists.

Article 36 The management agency shall, in accordance with the environmental carrying capacity and environmental protection needs, implement a tourist flow information disclosure system, and formulate tourist diversion plans and emergency plans to ensure the safety and order of tourism activities.

Article 37 The operation of tourist vehicles and vessels in scenic spots shall be approved by the administrative agency. The total amount of livestock vehicles engaged in operation shall be controlled, registered and listed by the management agency for unified management, and operated according to the designated route. The operator is responsible for cleaning up the waste and excrement generated.

Article 38 If the trees planted on agricultural cultivated land in scenic spots need to be cut or harvested to form agricultural land forests, they shall be reported to the management agency for review and approval, and approved by the forestry administrative department. The scenic trees and scenic forests in the scenic area shall be listed for protection by the management agency, and shall not be transplanted or felled without the consent of the management agency.

Article 39 The People's Government of Qiubei County shall strengthen the management of road traffic in scenic spots to ensure smooth and safe traffic in scenic spots. The specific measures shall be formulated by the people's government of Qiubei County and announced to the public for implementation.

Article 40 The management agency shall establish and improve the safety early warning mechanism, strengthen safety management, and set up safety warning signs. Tourist facilities and equipment shall meet the relevant national safety standards to ensure the safety of tourists. The management agency shall delimit camping and picnic areas in the scenic area. Camping and picnic activities are prohibited in non-designated areas.

Article 41 The administrative agency shall, in conjunction with the ethnic and religious administrative departments of the Autonomous Prefecture and Qiubei County, formulate management measures for places for religious activities in scenic spots in accordance with the law, and regulate religious activities in scenic spots.

Article 42 The following activities in scenic spots shall be approved by the management agency:

(1) Rock climbing, gliding, shooting films and TV plays and advertisements;

(2) holding large-scale recreational activities;

(3) Carrying out water training and competition;

(4) Set up plaques, slogans, galleries, signboards, flags, light boxes, etc;

(5) rubbings and stele stone carvings;

(VI) Collection of Species Specimens;

(7) Temporarily occupying the infrastructure and public service facilities in the scenic area.

Chapter IV Legal Liability

Article 43 If the staff of the management agency and relevant departments violate the provisions of these regulations in the protection and management of scenic spots and have one of the following circumstances, they shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law:

(1) Changing the protection plan of the scenic spot without authorization;

(2) overstep the examination and approval, and violate the examination and approval of planning;

(3) Failing to deal with illegal acts in a timely manner according to law;

(4) dereliction of duty, abuse of duty, favoritism;

(5) Poor management causes damage to resources and environmental pollution in scenic spots.

Article 44 Anyone who violates the provisions of these Regulations and commits one of the following acts shall be ordered by the management agency to stop the illegal act and be punished in accordance with the following regulations; if a crime is constituted, criminal responsibility shall be investigated according to law.

(1) Those who violate the provisions of the second paragraph of Article 13, Article 14 and Article 19 shall be demolished within a time limit and fined not less than 1000 yuan but not more than 5000 yuan; If the demolition is not carried out within the time limit, the demolition shall be carried out according to law, and the cost of the demolition shall be borne by the offender and a fine of not less than 5000 yuan but not more than 10000 yuan shall be imposed;

(2) In violation of the provisions of Article 24, Item 6 of Article 26 and Item 4 of Article 27, the fishing gear and catch shall be confiscated and a fine of not less than 200 yuan but not more than 1000 yuan shall be imposed; if the circumstances are serious, a fine of not less than 1000 yuan but not more than 5000 yuan shall be imposed;

(3) Those who violate the provisions of items 1 and 2. of Article 26 and item 3 of Article 27 shall take control measures within a time limit to eliminate pollution, and may concurrently impose a fine of not less than 500 yuan but not more than 2000 yuan on individuals and a fine of not less than 2000 yuan but not more than 10000 yuan on units;

(4) Those who violate the provisions of Item 4 of Article 26 and Item 2 of Article 27 shall be fined between 2000 yuan and 10000 yuan;

(5) Those who violate the provisions of Item 5 of Article 26 shall be restored to their original state within a time limit and be fined between 500 yuan and 2000 yuan;

(6) Those who violate the provisions of Item 7 of Article 26 shall be restored to their original state within a time limit and shall be fined not less than 50 yuan but not more than 100 yuan per square meter; if they refuse to restore, they shall designate a competent unit to restore on their behalf, and the expenses shall be borne by the violator;

(7) Those who violate 5. 16 and 17 of Article 26, item 6 of the first and 2. 3. 4. 5. of Article 28, and the second paragraph of Article 40 shall be fined not less than 100 yuan but not more than 500 yuan; If the circumstances are serious, a fine of not less than 500 yuan but not more than 2000 yuan shall be imposed;

(8) Those who violate the provisions of Item 12 of Article 26 shall be fined not less than 50 yuan but not more than 200 yuan per square meter;

(9) those who violate the provisions of items 13 and 14 of Article 26 shall have their physical objects and illegal income confiscated, and shall be fined not less than 3 times but not more than 5 times the value of the physical objects;

(Ten) in violation of the provisions of the first paragraph of Article 27 and the first paragraph of Article 30, the individual shall be fined between 5000 yuan and 20000 yuan, and the unit shall be fined between 20000 yuan and 100000 yuan;

(11) Those who violate the provisions of Item 5 of Article 27 shall be fined not less than 10 yuan but not more than 50 yuan.

Article 45 Anyone who violates the following provisions of these Regulations and commits one of the following acts shall be punished by the management agency; if a crime is constituted, criminal responsibility shall be investigated according to law.

(1) In violation of the provisions of the first and second paragraphs of Article 15, and the third paragraph of Article 19, without the review of the management agency, not in accordance with the approved location, area, height, shape, color and other regulations, and not in public welfare Those who are buried in the cemetery shall be ordered to stop the illegal act, dismantle it within a time limit, and impose a fine of 1000 yuan up to 5000 yuan;

(2) Whoever, in violation of the provisions of the first paragraph of Article 31, fails to pay the paid use fee of scenic resources shall be ordered to pay within a time limit; if he fails to pay within the time limit, he shall be fined not less than 1 time but not more than 3 times of the unpaid amount.

(3) In violation of the provisions of the first paragraph of Article 33, if a non-commercial vessel carries passengers, the regulations shall make corrections and the illegal income shall be confiscated; if it refuses to make corrections, the vessel may be temporarily detained and a fine of 500 yuan up to 2000 yuan shall be imposed.

(4) Whoever, in violation of the provisions of Article 34, carries out business without authorization shall be ordered to make rectification within a time limit and be fined not less than 1000 yuan but not more than 5000 yuan; those who refuse to make rectification shall be closed according to law.

(5) Those who, in violation of the provisions of the second paragraph of Article 35 and Article 37, do not operate in the designated place, area or prescribed business scope or cheat tourists, and do not operate according to the designated route, shall be ordered to stop the illegal act, make corrections within a time limit, and impose a fine of not less than 500 yuan but not more than 2000 yuan.

(6) Anyone who violates the provisions of the first paragraph of Article 37 and carries out operations without permission shall be ordered to stop the operation and the operator shall be fined between 200 yuan and 1000 yuan.

(7) Whoever transplants or fells without authorization in violation of the provisions of the second paragraph of Article 38 shall be ordered to stop the illegal act, the material object and the illegal income shall be confiscated, and a fine of not less than 1 time but not more than 3 times the value of the material object shall be imposed.

(8) whoever, in violation of the provisions of paragraph 7 of Article 42, occupies the infrastructure and public service facilities in the scenic spot without authorization, shall be ordered to stop the illegal act, restore the original state within a time limit, and be fined not less than 2000 yuan but not more than 10000 yuan; if he refuses to restore, a competent unit shall be designated to restore it on his behalf, and the expenses incurred shall be borne by the lawbreaker.

Article 46 Any person who, without the approval of the management organization, carries out the six activities 5. the first and 2. 3. 4. of Article 42 shall be ordered to stop the illegal act and be fined not less than 2000 yuan but not more than 10000 yuan.

Article 47 Those who violate the provisions of Article 17, Article 26, Item 11 of 10. 9., Article 29, Article 32, and Paragraph 1 of Article 38 of these Regulations shall be punished by the management agency in conjunction with relevant administrative departments in accordance with relevant laws and regulations.

Chapter V Supplementary Provisions

Article 48 These Regulations shall be deliberated and adopted by the People's Congress of the Autonomous Prefecture, submitted to the Standing Committee of the People's Congress of Yunnan Province for deliberation and approval, and shall be promulgated and implemented by the Standing Committee of the People's Congress of the Autonomous Prefecture. The "Regulations on the Protection of Puzhehei Scenic Area in Wenshan Zhuang and Miao Autonomous Prefecture of Yunnan Province" promulgated and implemented on May 9, 2007 shall be abolished at the same time. The People's Government of the Autonomous Prefecture may, in accordance with these Regulations, formulate and implementRules。

Article 49 These Regulations shall be interpreted by the Standing Committee of the People's Congress of the Autonomous Prefecture.