陕西省森林公园条例

 

第一章 总 则

    Article 1 [Legislative purpose] These Regulations are formulated in accordance with the Forestry Law of the People's Republic of China and other relevant laws and administrative regulations in light of the actual conditions of this province in order to regulate the management of forest parks, protect, cultivate and rationally utilize forest scenic resources, and penetrate forest eco-tourism development。

    Article 2 [Applicable Norms] These Regulations shall apply to the establishment, planning, construction, protection and management of forest parks within the administrative areas of this province。

    Article 3 The term "forest park" as mentioned in these Regulations refers to the area for sightseeing, leisure, scientific research, cultural education and other activities established with the approval of legal procedures based on forest landscape resources and with certain scale and quality forest landscape resources and environmental conditions。

    Article 4 [Nature and Principles] The construction of public infrastructure in forest parks and the protection of forest scenic resources are important components of ecological construction and belong to social public welfare undertakings。

    The development of forest parks adheres to the principles of giving priority to protection, rational utilization, overall planning and scientific management, and promotes the coordinated development of ecological, social and economic benefits。

    Article 5 The people's governments at or above the county level shall strengthen the organization, coordination and leadership of the construction and management of forest parks, incorporate the construction of public infrastructure of forest parks into the national economic and social development plan, and incorporate the funds for the protection and management of forest scenic resources into the financial budget of the people's governments at the same level。

    Article 6 The forestry administrative department of the provincial people's Government is responsible for the supervision and management of forest parks in the province, and its subordinate forest park administration agency is responsible for the specific work of supervision and management of forest parks。

    The competent forestry departments of the people's governments of the cities and counties divided into districts shall be responsible for the supervision and administration of forest parks within their respective administrative areas。

    Other relevant departments of the people's governments at or above the county level shall, in accordance with their respective duties, do a good job in the administration of forest parks according to law。

    Article 7 The management organization of forest parks shall, under the supervision and guidance of the competent department of forestry administration and the administrative institution of forest parks, be responsible for organizing the implementation of the overall plan of forest parks, and do a good job in the protection of forest scenic resources and the management of forest parks。

    Where forest parks overlap or intersect with scenic and historic interest areas, nature reserves, and geological parks, people's governments at or above the county level shall integrate management organizations and implement unified management。

    Article 8 Units and individuals engaged in construction, management, sightseeing and other activities in forest parks shall have the obligation to protect forest scenic resources。

    禁止任何单位和个人破坏、侵占森林风景资源。

    Article 9 [Encouraging investment] Encourage units and individuals to participate in the construction and management of forest park projects in the form of donations, sole proprietorship, joint ventures, cooperation, etc。

    Article 10 The people's governments at or above the county level shall commend and reward the units and individuals who have made outstanding contributions to the protection and management of forest park scenic resources。

 

第二章 设 立

    Article 11 [Development plan] The provincial forestry administrative department shall, in accordance with the situation of forest landscape resources in the province, prepare the development plan of forest parks in the province, and after consulting the opinions of the relevant departments at the provincial level and the public, report it to the provincial people's government for approval, and publish it to the public before implementation。

    The forestry administrative department of the city divided into districts shall, according to the development plan of the forest park of the province and the situation of the local forest scenic resources, work out the specific development plan of the forest park in its administrative area and submit it to the people's government at the same level for approval before implementation。

    The development plan for forest parks shall conform to the national economic and social development plan, the overall plan for land utilization, the urban and rural planning and the long-term planning for forestry, and be in line with the planning for nature reserves and scenic spots。

    第十二条[级别划分]森林公园划分为国家级和省级两个等级。

    The establishment of a forest park shall be approved in accordance with these Regulations and the conditions and procedures prescribed by the State, and no forest park shall be established without approval。

    第十三条[申请条件]设立森林公园应当具备下列条件：

    (一)符合全省森林公园发展规划；

    (二)面积不少于一千公顷；

    (三)森林覆盖率在百分之七十以上；

    (4) The quality level of scenic resources has reached the level 2 or above of the national forest scenic resources quality grade evaluation standard;

    (五)森林、林木、林地权属清楚，界线明确；

    (6) Having the status of a legal person, having a corresponding management organization and a standardized management system, and having the corresponding technical and managerial personnel;

    (七)法律、法规规定的其他条件。

    Article 14 [Application materials] Applicants for the establishment of forest parks shall submit a written application to the provincial forestry administrative department and submit the following materials:

    (a) feasibility study report, charts, images and other data of forest scenic resources;

    (b) the forest, trees and woodland and other land related to the proposed establishment of the forest park ownership certification materials;

    (3) Agreements signed with the owners and users of the forests, trees, woodlands and other land involved in the proposed establishment of the forest park;

    (4) The nature of the management organization, certificate of legal personality, asset status and personnel allocation of the proposed forest park;

    (五)法律、法规规定的其他材料。

    Article 15 [Examination and Approval Procedure] The provincial forestry administrative department shall make a written decision within 20 days from the date of accepting the application。If a decision cannot be made within 20 days, it may be extended for 10 days with the approval of the head of the provincial forestry administrative department。If the conditions are met, approval shall be granted;If the conditions are not met, approval shall not be granted and reasons shall be given in writing。

    专家实地考察、论证和评审所需时间不计算在前款规定的期限内。

    森林公园批准设立后，应当报国家林业行政主管部门备案。

    16th [change procedure] forest park division, merger, name change, change subordination, adjustment of business area, should be reported to the provincial forestry administrative department for approval。

    Article 17 [Conditions for cancellation] If a forest park has one of the following circumstances, the provincial forestry administrative department shall revoke it and announce it。

    (一)主要景区的林地依法变更为非林地的；

    (二)森林风景资源严重下降无法继续提供森林旅游服务的；

    (3) failing to start construction in accordance with the plan within one year after the approval of the general plan of the forest park;

    (四)法律、法规规定的其他情形。

 

第三章 规划建设

    Article 18 [overall planning] the forest park management organization shall be within 18 months from the date of approval of the establishment of the forest park，委托具有法定资质的单位按照国家《十大网堵平台》，编制森林公园总体规划，征求森林公园所在地林业行政主管部门的意见，报省林业行政主管部门批准。

    The overall planning of forest parks should reflect the principle of protecting forest scenic resources and maintaining the integrity of the ecosystem, strictly control the setting of artificial scenic spots, and strictly limit the construction of permanent facilities。

    Article 19 [Planning examination and approval] The provincial forestry administrative department shall organize relevant departments and experts to review the overall plan of the forest park, and approve it after the review is passed, and the forest park management organization is responsible for the implementation。

    森林公园总体规划批准后，不得擅自变更。If the overall plan needs to be adjusted due to changes in the scope of forest parks or construction and protection, it shall be submitted to the provincial or national forestry administrative department for approval。

    第二十条[规划期限]森林公园总体规划的规划期为十年。期满后应当按照本条例规定重新进行编制和审批。

    Article 21 [Construction requirements] The construction projects in the forest park shall meet the requirements of the overall plan and go through the examination and approval procedures according to law。The site selection, scale, building materials, style and color of the construction project should be coordinated with the surrounding landscape environment, and the sewage and waste treatment facilities and fire prevention facilities should be designed, constructed and used at the same time。

    第二十二条[禁止性规定]森林公园内不得从事下列建设活动：

    Construction of engineering facilities that damage forest scenic resources, hinder tourism and pollute the environment, establishment of various development zones and construction of villas;

    The construction of hotels, sanatoriums and other buildings unrelated to the protection of forest scenic resources in the ecological protection areas and tourist areas of forest parks;

    (三)擅自修建人造景观或者景点；

    (四)其他损害森林风景资源的建设活动。

    Article 23 [Construction and reconstruction] Where the original units, residential buildings and facilities need to be reconstructed, relocated or demolished due to the implementation of the general plan for forest parks, the people's government at or above the county level shall organize and provide compensation。

    Article 24th [protection measures] Construction units, construction units in the forest park construction projects and temporary facilities, shall take measures to avoid the surrounding scenery, scenic spots, water bodies, landforms, forest and grass vegetation damage, timely clean up the site after completion, restore the original state。

    Exploration, mining of mineral resources and other activities around the forest park, which may damage the scenic resources of the forest park, the relevant administrative departments shall seek the opinions of the provincial forestry administrative departments before approval, and take corresponding protection measures。

 

第四章 保护管理

    第二十五条[禁止条款]森林公园内禁止下列行为：

    (一)毁林开垦、采矿、采石、采砂、取土、放牧；

    (二)填堵自然水系；

    (三)在禁火区、森林防火戒严期用火；

    (四)新建、改建坟墓；

    (五)采挖花草树根、攀折树枝、乱扔垃圾；

    (6) Carving, damaging or moving facilities, tourist signs and signs in the park on trees, buildings and facilities;

    (七)法律、法规禁止的其他行为。

    Article 26 The management organization of a forest park shall adopt various methods such as renewal and replanting to plant trees and maintain the scenic vegetation and ecological environment of the forest park。Due to landscape protection, landscaping and tourism, etc., it is really necessary to renew and transform the forest trees in the forest park, tending and cutting, shall go through the examination and approval procedures according to law。

    Article 27 [wildlife protection] The management organization of forest parks shall strengthen the protection of endangered and rare wild animals and plants, organize regular investigations and establish management archives;Peripheral protection zones or protection facilities shall be set up for the main habitats of wild animals。

    Article 28 [Protection of ancient and famous trees] Forest park management organizations shall number and list ancient and famous trees, register and file them, and set up protection facilities。

    Article 29 [forest fire prevention] The forest park management organization shall establish and improve the forest fire prevention system, formulate emergency plans for forest fire prevention, delimit the fire prohibition zone and the fire prevention responsibility zone, equip the fire prevention personnel, facilities and equipment, set up fire prevention signs, and regularly carry out fire prevention inspections。

    Article 30 [Pest control] The forest park management organization shall organize professional and technical personnel to investigate, monitor and prevent forest pests, and shall take emergency measures to report to the local forestry administrative department immediately if a suspected forest pest accident is found。

    Article 31 [Capacity control] The management organization of the forest park shall scientifically and reasonably determine the tourist capacity of the tour routes and scenic spots and scenic spots according to the environmental bearing capacity and tourism safety conditions, and formulate specific plans for channeling tourists。游客数量接近景区、景点容量时。应当限制游客进入，并及时疏导。

    Article 32 [Safety management] The management of forest parks shall organize the improvement of the safety guarantee system, establish emergency plans for safety accidents, set up alarm points and medical emergency stations, set up road signs, road signs and other signs along the tourist routes, regularly inspect the dangerous tourist sections, and eliminate safety hazards in time。Safety warning signs and precautions shall be set up in dangerous areas, waters or areas where wild animals and poisonous and harmful plants are present to ensure the safety of tourists。

    Operators of transportation vehicles, amusement facilities and equipment in forest parks should be equipped with professional personnel to regularly inspect, maintain and maintain relevant facilities and equipment to ensure safe operation。

    Article 33 The price of forest park tickets and related transportation service fees shall be determined by the pricing department according to the grade of forest park, the services provided and public opinions。

    The forest park shall waive the admission fee for the elderly, children and teenagers, students, active servicemen and the disabled。

    According to the actual situation, the forest park shall set up free open days (week, month) or free open to the public。

    Article 34 Units and individuals that enter a forest park to engage in commercial operations shall, in accordance with the unified plan of the forest park, conduct business activities in the designated areas or locations according to law, and do a good job in environmental protection。

    Article 35 [Rights and Obligations of tourists] Tourists shall abide by the management regulations of the forest park and the tour order, tour according to the prescribed routes, take good care of the forest flowers and public facilities, and maintain the environmental health in the park。The means of transportation entering the forest park shall drive in accordance with the prescribed routes and park in the designated areas。

    Tourists have the right to complain to forestry or other competent administrative departments about the violation of their legitimate rights and interests by the management organizations and operators of forest parks。The department receiving the complaint shall promptly investigate and handle it and inform the party of the result in writing。

    Article 36 In the forest park for film and television shooting, large-scale artistic performances and other activities, the forest park management organization shall assess the impact of the activity on the forest park landscape and ecology, put forward the corresponding environmental protection requirements, and report to the forestry administrative departments at or above the county level for the record。After the event, the organizer shall dismantle the temporary facilities, clean up the site and restore it to its original state。损坏林木和森林公园设施的，应当予以赔偿。

    Article 37 The public security organs and forest public security organs where the forest parks are located shall be responsible for the public security of the forest parks and the protection of forest resources。

    Article 38 [Popularization of science] The forest park management organization shall carry out popularization of science, introduce the main species of animals and plants, geological landforms in the forest park, and set up explanatory signs。

    39th forest park has one of the following circumstances, the provincial forest park management authority should order the closure of the renovation within a time limit, and announced to the public:

    (一)未按规定编制和实施森林公园总体规划；

    (2) The quality of forest scenic resources has declined, and the assessment has not reached the corresponding quality grade standards;

    (3) Due to force majeure and other reasons, the forest park does not have the conditions for sightseeing temporarily;

    (4) There are security risks in the sightseeing facilities, irregular operation, poor service quality, and more complaints from tourists;

    (五)其他需要限期关闭整治的情形。

    Article 40 [Supervision and inspection] The forestry administrative departments at or above the county level and the provincial forest park administration agencies shall establish a regular inspection system, strengthen the supervision and inspection of the protection and utilization of forest scenic resources, the implementation of the overall plan of the forest park and the changes in the forest ecological environment, and implement dynamic monitoring。

 

第五章 法律责任

    Article 41 Those who violate the provisions of Article 12, paragraph 2, of these Regulations and set up forest parks without approval shall be ordered by the competent forestry administrative departments at or above the county level to make corrections and be imposed a fine of more than 10,000 yuan and less than 50,000 yuan。

    第四十二条[违法建设责任]违反本条例第二十二条规定，在森林公园内违法从事建设活动的，The competent departments of forestry, land and resources, planning and construction, and environmental protection at or above the county level shall order the cessation of illegal acts according to law，限期恢复原状或者采取其他补救措施，依照有关法律、法规处罚。

    Article 43 Anyone who violates the provisions of item (1) and (2) of Article 25 of these Regulations shall be ordered by the relevant administrative department at or above the county level to stop the illegal act and restore to the original state within a time limit, and may be fined not less than 1,000 yuan but not more than 10,000 yuan。

    Those who violate the provisions of item (5) and (6) of Article 25 of these regulations shall be ordered by the competent forestry administrative departments at or above the county level to stop the illegal acts and make corrections, and may be fined between 50 yuan and 300 yuan;If losses are caused, compensation shall be made according to law。

    Article 44 Those who, in violation of the provisions of Article 34 of these Regulations, fail to engage in commercial operations in the designated areas or places shall be ordered by the competent forestry administrative departments at or above the county level to make corrections and may be imposed a fine of not less than 200 yuan but not more than 2,000 yuan。

    第四十五条[文化活动责任]违反本条例第三十六条规定，影视拍摄、大型文艺演出等活动结束后，承办者未拆除临时搭建的设施，清理现场恢复原状的，由县级以上林业行政主管部门责令限期改正，逾期不改正的，处五千元以上三万元以下罚款。

    Article 46 [Invoking Articles] Other acts that violate the provisions of these Regulations shall be executed in accordance with the provisions of relevant laws and regulations。

    Article 47 [Provisions on Hearing] Where, in accordance with the provisions of these Regulations, a fine of more than 5,000 yuan is imposed on an individual or a fine of more than 30,000 yuan is imposed on an entity, the parties shall have the right to request a hearing。

    Article 48 [Administrative sanction] relevant administrative departments, forest park management institutions, management organizations and their staff practice favoritism, abuse power and neglect duty in the process of forest park management，The persons directly in charge and other persons directly responsible shall be given administrative sanctions according to law;criminal，依法追究刑事责任。

 

第六章 附则

    Article 49 [Implementation Date] These Regulations shall come into force as of October 1, 2012。