Regulations of Jiangsu Province on the Administration of the Scenic and Historic Area of Yuntai Mountain

· Area of Law： Tourism

· Level of Authority： Provincial Local Regulations

· Date issued：01-16-2007

· Effective Date：03-01-2007

· Status： Effective

· Issuing Authority： Jiangsu Province People's Congress (incl. Standing Committee)

Regulations of Jiangsu Province on the Administration of the Scenic and Historic Area of Yuntai Mountain
(Adopted at the Twenty-eighth Meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on January 16, 2007)
Chapter I General Provisions
Article 1 These Regulations are enacted in accordance with the State Council's Regulations on Scenic and Historic Area and other relevant laws and administrative regulations, in light of the specific situations of the scenic and historic area of Yuntai Mountain, and for the purposes of strengthening the administration of the scenic and historic area of Yuntai Mountain, effectively protecting and rationally utilizing the scenic and historic resources.
Article 2 These Regulations shall apply to the planning, protection, construction, utilization and administration of the scenic and historic area of Yuntai Mountain (hereinafter referred to as the scenic area).
Article 3 The scenic and historic area of Yuntai Mountain shall be determined in conformity with the scope specified in the Overall Planning of the Scenic and Historic Area of Yuntai Mountain (hereinafter referred to as the overall planning of the scenic area) approved by the State Council.
The scenic area is classified into class-one reserve, class-tow reserve and class-three reserve. The specific boundary of the reserves shall, in accordance with the overall planning of the scenic area, be delimited and promulgated by the People's Government of Lianyungang City (hereinafter referred to as the People's Government of the City).
Article 4 The administration of the scenic area shall be implemented in adherence to the principle of scientific planning, overall administration, strict protection and sustainable utilization.
Article 5 The competent administrative department for construction of the Provincial People's Government (hereinafter referred to as the provincial construction department) shall be responsible for the work of supervision and administration of the scenic area.
The scenic area administrative institution (hereinafter referred to as the administrative institution) established by the People's Government of the City shall, in accordance with the provisions in relevant laws, regulations and these Regulations, be responsible for the work of protection, utilization and overall administration of the scenic area.
The people's government of the district where the scenic area is located and the departments of planning, construction, national land resources, environmental protection, public security, communication, tourism, industrial and commercial administration, cultural heritage, religious affairs, forestry, marine and fishery at the city level shall, according to their respective functions and responsibilities, make joint efforts to do well the work of protection and administration of the scenic area.
Article 6 The Standing Committee of the People's Congress of Lianyungang City shall strengthen the supervision over the implementation of the laws and regulations on scenic area administration and of the scenic area planning.
Article 7 The administrative institution shall strengthen the publicity of laws and regulations on scenic area administration and promote people's awareness of consciously protecting scenic and historic resources.
Any unit and individual shall have the right and obligation to protect the scenic and historic resources, and have the right to report and stop the act of damaging the scenic and historic resources.
The People's Government of the City or the administrative institution shall commend and award the units and the individuals who make outstanding contributions in the work of the scenic and historic area protection and administration.
Chapter Ⅱ Planning
Article 8 The scenic area planning is the basis for the protection, construction, utilization and administration of the scenic area.
The scenic area planning is divided into the overall planning and the detailed planning of the scenic area.
Article 9 The formulation and revision of the overall planning of the scenic area shall be conducted according to the State Council's Regulations on Scenic and Historic Area.
The provincial construction department shall, in junction with the People's Government of the City, arrange for formulating the detailed planning of the scenic area on the basis of the overall planning of the scenic area, the provincial marine function zoning plan and the overall planning of Lianyungang City, and report for approval according to law.
The detailed planning of the scenic area shall, in accordance with the different requirements of the scenic area protection, be formulated to determine the locations, layouts and scales of the construction projects such as infrastructures, tourist facilities and cultural facilities, and clarify the scope of construction land and the conditions for planning and designing.
Article 10 The People's Government of the City shall organize the administrative institution and relevant departments to formulate implementation planning for matters such as tourism development, environmental protection, infrastructure construction and population control in the scenic area in light of the overall planning and the detailed planning of the scenic area.
Article 11 No unit or individual may alter the scenic area planning without authorization upon its approval. Where it is really necessary to amend the scope, nature, targets of protection, measures for protecting ecological resources, layout of major construction projects, exploration and utilization intensity, functional structure, spatial layout and tourist capacity of the scenic area in the overall planning of the scenic area, or to amend the detailed planning of the scenic area, approval of the original examining and approving organ shall be obtained according to law.
Chapter Ⅲ Protection
Article 12 The administrative institution shall, in junction with relevant departments, investigate and register the cultural landscapes such as memorial buildings, cultural relics, historic sites, gardens, and natural landscapes such as ancient and famous trees, wild animals and plants, terrain and landforms, mountain land and rocks, springs and lakes in the scenic area, and shall, in accordance with the requirement of the scenic area planning and the principle of classified protection, establish and improve various management systems for resource protection.
For important sites and key cultural relics protection units such as Haiqing Temple Pagoda, Tenghualuo Prehistoric Site, Yunv Peak, stone inscriptions of Yulin Taoist Temple, Yanfu Taoist Temple, Daweijian Peak, cliff sculptures of Kongwang Mountain, Ma'er Peak, rock paintings on Jiangjun Cliff, corresponding protection measures shall be formulated on the basis of their characteristics to implement strict protection.
Article 13 Construction activities in the scenic area shall conform to the overall planning and the detailed planning of the scenic area.
Within class-one reserve, it is prohibited to construct engineering facilities irrelevant to landscapes of original scenery and spots.
Within the core scenic area of class-two and class-three reserves, it is prohibited to construct hotels, guesthouses, training centers, sanatoria and other buildings irrelevant to the conservation of scenic and historic resources.
Article 14 Within class-one and class-two reserves of the scenic area, it is prohibited to construct or expand any industrial enterprises; in class-three reserves, it is prohibited to construct or expand any industrial enterprises which pollute the environment or hinder the landscapes.
The People's Government of the City shall formulate a planning to gradually move out the industrial enterprises in the scenic area which pollute the environment or hinder the landscapes.
Article 15 Within the key-protection sea area in the scenic area, including the precious seafood natural reserve within 4 nautical miles around the Front Three Islands, bathing beaches, aquiculture areas in shallow marine water, it is prohibited to set up any pollutant-discharging outlets, or to construct any coastal projects which undermine landscapes. The scale of marine culture shall be controlled in the sea area of coastal landscape belt.
Within the class-one coastal reserves, it is prohibited to fill the sea to destroy the beach, and the intactness of Suma Bay, Dasha Bay and the north of Liandao shall be maintained.
Article 16 The following acts are prohibited in the scenic area:
(1) cutting into mountains, quarrying, mining, assarting, building tombs and erecting tablets or conducting any activities that would undermine landscapes, vegetation, terrain and landforms;
(2) scrawling graffiti or carving on historical relics, scenery or facilities;
(3) unlawfully felling, picking or carving forest trees;
(4) catching or killing wild animals;
(5) burning leaves, wild grass and garbage;
(6) smoking or using open fire in the fire-banning area;
(7) littering;
(8) damaging public facilities;
(9) building facilities used for storing explosive, combustible, radioactive, poisonous or corruptive substances;
(10) other acts prohibited by laws or regulations.
Article 17 The administrative institution and the relevant departments shall formulate specific measures for the protection of water bodies in the scenic area, implement protection responsibilities, clarify protection requirements and prevent and control the pollution of water bodies.
It is prohibited to discharge polluted water, dump garbage or other waste articles into water bodies in the scenic area.
Article 18 The forest trees in the scenic area shall be cultivated and managed, and shall not be felled; where it is really necessary to fell them for regeneration and cultivation, the approval of the forestry department shall be obtained according to law.
The administrative institution and the relevant departments shall do well the work of tree planting and prevention and control of plant diseases and insect pests, and protect the conditions for growing forest tree vegetation and species.
The collection of species, specimens, wild medicinal materials and other forestry by-products shall be carried out in the specified areas with prescribed quantity after the approval of the administrative institution.
Article 19 For the areas where the landscapes and vegetation are seriously destroyed, the local people's government shall take measures such as sealing off the mountain for forest cultivation to restore the landscapes and vegetation gradually.
Chapter Ⅳ Construction
Article 20 The construction of the scenic area shall be carried out in accordance with the planning, and the scenic and historic resources shall be rationally utilized on the basis of financial and material resources.
The People's Government of the City and its relevant departments shall strengthen the infrastructural construction in the scenic areas including construction of the roads, communications, water supply, water discharge, power supply and gas supply, and improve the facilities of transportation and service and the touring conditions.
Article 21 For the construction activities in the scenic area not included in the prohibited scope of these regulations, the relevant units shall go through the formalities of examination and approval according to the provisions in relevant laws and regulations after the examination of the administrative institution.
Article 22 The buildings, structures and other facilities in the scenic area shall not be constructed, expanded or renovated beyond the approved scope of planned land use, and the layout, height, capacity, shape-design, color of the buildings, structures and other facilities shall meet the requirements of the approval document, and shall be congruent with the surrounding landscapes and environment.
Article 23 During the construction process, effective measures shall be adopted to protect the surrounding landscapes, forest trees, vegetation, water bodies and landforms, and shall not inflict pollution and damage. After the completion of a construction project, the construction unit shall timely clear the site, make afforestation and restore the surrounding environment to its original state.
Chapter Ⅴ Administration
Article 24 The People's Government of the City shall take measures such as restricting entry, and moving out residents to strictly control and gradually reduce the amount of the residential population and the temporary population in the scenic area.
Article 25 All units established in the scenic area and individuals entering or living in the scenic area shall be subject to the unified administration of the administrative institution, consciously abide by relevant provisions of the scenic area, protect the scenic and historic resources, take good care of public facilities and maintain environmental sanitation and public order.
Article 26 For service projects in the scenic area such as transportation and commerce, the administrative institution shall, according to relevant laws, regulations and the scenic area planning, determine the business operators by means of fair competition such as bidding.
The administrative institution shall sign contracts with business operators to define their respective rights and obligations according to law. Business operators shall engage in business activities at the places and within the business scope agreed upon in the contracts.
Business operators shall pay fees for using the scenic and historic resources. The collection and expenditure of fees for using the scenic and historical resources shall be separately managed according to law, and the fees shall be specially used for the protection and administration of the scenic area and the compensation for the loss of the owners and the users of the property in the scenic area.
Article 27 The administrative institution shall take measures to restrain motor vehicles from entering the core scenic area. Where it is really necessary to enter, the motor vehicles shall be subject to unified administration, and shall be driven and parked according to the designated routes and places.
Article 28 The administrative institution shall strengthen the dynamic supervision over and administration of the realization of the scenic area planning, and timely find out and stop various acts of destroying the scenic and ecological environment.
Article 29 The administrative institution and relevant departments shall regularly inspect and maintain the public facilities in the scenic area, set up necessary safety facilities and warning signs at the dangerous and important places in the scenic area, formulate the emergency plans, and do well their work in safety precautions and administration of the scenic area.
Article 30 The administrative institution and relevant departments shall formulate special measures such as fire prevention, lightning protection and earthquake precautions, improve the organization of fire prevention, perfect the facilities for fire prevention, and strengthen the protection of the cultural and historical relics and ancient and famous trees in the scenic area.
Article 31 The administrative institution shall properly handle the waste water and garbage, strengthen supervision and inspection, maintain the appearance of the scenic area, and improve the environmental sanitation. The places difficult to clean such as channels, caves and water bodies shall be cleaned regularly.
Article 32 The administrative institution shall establish and improve file system and make statistical investigation of matters of the scenic area such as historical evolution, development and change, resource condition, scope and boundaries, ecological environment, various facilities, exploitation and construction, tourist reception and business situation, and form complete data which shall be properly kept.
Chapter Ⅵ Legal Liabilities
Article 33 Anyone who, in violation of the provisions in these Regulations, commits any of the following acts, shall be ordered to make rectification by the administrative institution. Where there is economic loss, he shall be ordered to compensate for the loss, and a fine may be concurrently imposed:
(1) anyone who builds a grave and erects a tablet shall be ordered to move it out within a time limit and restore the terrain to its original state, and a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed;
(2) a fine of not less than 20 yuan but not more than 200 yuan shall be imposed upon anyone who engages in business activities in the scenic area without authorization;
(3) a fine of not less than 20 yuan but not more than 100 yuan shall be imposed upon anyone who smokes in the fire-banning area; a fine of not less than 50 yuan but not more than 500 yuan shall be imposed upon anyone who burns leaves, wild grass and garbage or uses open fire in the fire-banning area; where consequences are caused, a fine of not less than 1,000 yuan but not more than 5,000 yuan shall be imposed; where a crime is constituted, criminal liability shall be investigated according to law.
Anyone who illegally conducts other acts in violation of these Regulations such as construction activities in the scenic area shall be penalized by the administrative institution or relevant departments in accordance with such relevant laws and regulations as the State Council's Regulations on the Scenic and Historic area.
Article 34 Where a staff member of the administrative institution and relevant departments abuses his powers, neglects his duty, engages in mal-practice for personal gains in the course of implementation of these Regulations, he shall be given administrative sanctions by the unit to which he belongs or by the competent department at a higher level; where a crime is constituted, the criminal liabilities shall be investigated according to law by the judicial organ.
Chapter Ⅶ Supplementary Provisions
Article 35 These Regulations shall come into effect as of March 1, 2007.