Regulations of Jiangsu Province on the Scenic and Historic Area of Tai Lake

· Document Number：Announcement No. 131 of the Standing Committee of the Tenth People’s Congress of Jiangsu Province

· Area of Law： Environmental Protection

· Level of Authority： Provincial Local Regulations

· Date issued：03-30-2007

· Effective Date：06-01-2007

· Status： Effective

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

Announcement of the Standing Committee of the Tenth People's Congress of Jiangsu Province
(No.131)
Regulations of Jiangsu Province on the Scenic and Historic Area of Tai Lake, adopted at the Twenty-ninth Meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on March 30, 2007, are hereby promulgated and shall enter into effect as of June 1, 2007.
March 30, 2007
Regulations of Jiangsu Province on the Scenic and Historic Area of Tai Lake
(Adopted at the Twenty-ninth Meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on March 30, 2007)
Chapter ⅠGeneral provisions
Article 1 These regulations are enacted in accordance with relevant laws and administrative regulations, in light of the specific situation of the scenic and historic area of Tai Lake, and for the purposes of strengthening the administration of the scenic and historic area of Tai Lake, strictly protecting and rationally utilizing the scenic and historic resources of Tai Lake.
Article 2 These regulations shall apply to the planning, protection, utilization and administration of the scenic and historic area of Tai Lake.
The term "the scenic and historic area of Tai Lake" as used in these Regulations includes thirteen scenic areas such as Mudu, Shihu, Guangfu, Dongshan, Xishan, Luzhi, Tongli, Yushan, Meilianghu, Lihu, Xihui, Mashan, Yangxian and two independent scenic spots such as Taibo Temple and Taibo Tomb. The specific scope is determined in conformity with the area specified in the Master Plan for the Scenic and Historic Area of Tai Lake approved by the State Council.
Article 3 The principles of scientific planning, unified administration, strict protection and sustainable utilization shall be applied to the scenic and historic area of Tai Lake.
Article 4 The people's government at or above the county level in the place where the scenic and historic area of Tai Lake is located shall handle properly the relationship between urban and rural construction and protection of scenic and historic resources, and take effective measures to strengthen the protection of the natural and cultural landscapes in the scenic and historic area of Tai Lake and their natural environments such as the atmosphere, water bodies, and landforms; where the scenic and historic resources such as landscapes and natural environments are seriously destroyed, the government shall increase input, control the destruction within a time limit and restore the resources to their original state.
Article 5 The competent construction department of the Provincial People's Government shall be responsible for the work of supervision over and administration of the scenic and historic area of Tai Lake.
The administrative agency for the scenic and historic area of Tai Lake established by the Provincial People's Government (hereinafter referred to as the provincial administrative agency) shall be responsible for the work of protection, utilization and unified administration of the scenic and historic area of Tai Lake. The administrative agency for the scenic and historic area established by the people's government of a city with districts or a county (city) where the scenic and historic area of Tai Lake is located (hereinafter referred to as the administrative agency of a city or a county) shall, according to the provisions in relevant laws, regulations and these Regulations, be responsible for the work of protection, utilization and administration of the scenic areas and scenic spots within its jurisdiction. The administrative agency of a city or a county shall accept the professional guidance of the provincial administrative agency.
Other relevant departments of the local people's government at or above the county level in the place where the scenic and historic area of Tai Lake is located shall, according to their respective functions and duties, be responsible for the supervision over and administration of the related work on the scenic and historic area of Tai Lake.
Article 6 All units and individuals shall have the obligation to protect the scenic and historic resources, and have the right to stop and report the acts of destroying such resources.
The local people's government at or above the county level or the administrative agency for the scenic and historic area shall commend and reward the units and the individuals that make outstanding contribution to the protection of the scenic and historic resources of Tai Lake.
ChapterⅡ Planning
Article 7 Planning for the scenic and historic area of Tai Lake includes the master plan and detailed plan.
Article 8 The master plan for the scenic and historic area of Tai Lake shall take into account the requirement to maintain harmony between human society and nature, to balance development among different regions of the country and to promote comprehensive economic and social progress, adhere to a principle of protection first and subordinating development to protection, give prominence to the Tai Lake's unique characteristic of mixture of natural hills and waters and Wu culture, strengthen the protection of the natural shape of Tai Lake's banks, lake islands, mountains, wetlands, riparian zones, historic and cultural streets, villages and townships and irremovable cultural relics, preserve the unique features of the river and lake regions of the south of Yangtze River and maintain the integrity of the water system of Tai Lake.
The master plan shall include the contents such as the chapters or illustrations of the scope, nature, assessment of the scenic resources, protection target, measures for protecting ecological resources, layout of major construction projects, development or utilization intensity, functional framework, dimensional layout, the scope of the area where development is prohibited or limited, the capacity of pleasure boats, tourist capacity, environment impact of the scenic and historic area of Tai Lake.
The master plan for the scenic and historic area of Tai Lake shall dovetail with the master plan for land use, the city master plan, the plan for lake protection and relevant plans for protection of cultural relics.
In the master plan for the scenic and historic area of Tai Lake, the area which has a concentration of cultural and natural landscapes, bears greatest ornamental value, and most needs strict protection, shall be defined as the core scenic area.
Article 9 The detailed plan for the scenic and historic area of Tai Lake shall be formulated in conformity with its master plan, and in accordance with different requirements of the core scenic area and other scenic areas, determine the location, layouts, scales for construction projects such as infrastructures, tourist facilities and cultural facilities, and define the scope of the land needed for construction and the conditions for the planning and designing.
Article 10 The provincial competent construction department shall organize to formulate the master plan for the scenic and historic area of Tai Lake, soliciting opinions from relevant people's governments of cities with districts or counties (cities) and provincial departments concerned, and submit it to the State Council for examination and approval after examination by the Provincial People's Government.
The provincial competent construction department, in conjunction with relevant people's governments of cities with districts and counties (cities), shall organize to formulate the detailed plan for the scenic and historic area of Tai Lake, and submit it to the competent construction department of the State Council for examination and approval.
Chapter Ⅲ Protection
Article 11 On the basis of the principle of sustainable development, the landscape and the natural environment within scenic and historic areas of Tai Lake shall be strictly protected and may not be destroyed or changed without authorization.
The administrative agency of a city or a county shall, in conjunction with relevant departments, investigate and register the cultural landscapes and natural landscapes within the scenic and historic area of Tai Lake, and establish and improve various administrative systems for protection of scenic and historic resources of Tai Lake.
Article 12 The people's government in the place where the scenic and historic area of Tai Lake is located shall, on the basis of the planning for the scenic and historic area of Tai Lake, determine the protection target and administrative requirements of the core scenic area and formulate corresponding protection measures.
Article 13 The people's government in the place where the scenic and historic area of Tai Lake is located shall, according to the requirement in the planning for the scenic and historic area of Tai Lake, formulate special protection measures for the resources which need key protection within the scenic and historic area of Tai Lake such as historic and cultural streets, villages and townships, irremovable cultural relics and historic and famous trees, and promptly organize rescue and maintenance based on their original states.
Article 14 The people's government in the place where the scenic and historic area of Tai Lake is located shall take effective measures to strengthen protection of water bodies and wetlands such as rivers and lakes, bring the Tai Lake under control in a planned and step-by-step way, strictly control and gradually reduce the scale and scope of aquiculture, deal with various sources of pollution such as industrial and agricultural non-point source and domestic waste water, renovate outflow and inflow river courses, protect and restore the Tai Lake to its good natural ecology.
Article 15 The water bodies within the scenic and historic area of Tai Lake shall be classified as Class I reserve for the prevention and control of water pollution within Tai Lake basin, and the relevant provisions on Class I reserve in the Regulations of Jiangsu Province on Prevention and Control of Water Pollution of Tai Lake shall be applied to.
All the pollutants within the scenic and historic area of Tai Lake shall be processed. It is prohibited to discharge into water bodies the industrial and domestic waste water which has not been processed or fails to meet the standard prescribed by the State or the Province after being processed. It is prohibited to dump garbage or other pollutants into water bodies.
Vessels navigating, berthing or operating on the Tai Lake waters shall comply with the provisions in Regulations of Jiangsu Province on Prevention and Control of Vessels-induced Pollution in Inland Waters.
Article 16 People entering or residing in the scenic and historic area of Tai Lake shall consciously abide by the relevant provisions of the scenic and historic area of Tai Lake, protect the scenery, water bodies, forests, grass and vegetations, wild animals and all sorts of facilities, and maintain environmental sanitation and public order.
Article 17 Any of the following activities shall be prohibited within the scenic and historic area of Tai Lake:
(1) cutting into mountains, quarrying, mining, assarting, filling lakes, building tombs and erecting tablets or conducting any activities that would undermine landscapes, vegetation, terrain and landforms;
(2) building facilities to store explosive, combustible, radioactive, poisonous or corrosive substances or piling up, discarding or processing waste residues, gangue, oil, pollutants containing pathogens and other poisonous and harmful substances;
(3) scrawling graffiti or carving on scenery or facilities;
(4) littering.
Article 18 It is prohibited to, in violation of the planning for the scenic and historic area of Tai Lake, establish any type of development zones, industrial zones or manufacturing enterprises within the scenic and historic area of Tai Lake, or construct, within the core scenic area, any hotels, guest houses, training centers, sanitariums, business buildings, dwelling houses, restaurants or other buildings not related to the protection of the scenic and historic resources of Tai Lake. Where the above-mentioned buildings have been constructed before the implementation of these Regulations, they shall not be expanded in the scale in the name of renovation and repair, and shall be gradually moved out according to the requirement of the planning for the scenic and historic area of Tai Lake.
Article 19 For other construction activities within the scenic and historic area of Tai Lake than those prohibited by laws and administrative regulations on administration of scenic and historic areas, the construction projects with investment of not less than 10 million Yuan RMB or taking up an area of not less than 5 thousand square meters shall go through examination and approval formality in accordance with the provisions in relevant laws and regulations after verification by the provincial administrative agency; other construction projects shall go through examination and approval formalities in accordance with relevant laws and regulations after verification by the administrative agency of a city or a county. The construction projects verified by the administrative agency of a city or a county shall be reported to the provincial administrative agency for record.
When the necessity arises for adjustment, the specific standard of the construction projects as prescribed in the preceding paragraph shall be decided by the Provincial People's Government.
Article 20 Where anyone installs or posts commercial advertisements or holds activities such as large-scale entertainments within the scenic and historic area of Tai Lake, he shall, upon verification by the administrative agency of a city or a county, report to the relevant department for approval in accordance with relevant laws and regulations.
Where anyone conduct activities which would change the natural state of water resources or water environment or affect the ecology or landscapes within the scenic and historic area of Tai Lake, he shall, upon the verification by the provincial administrative agency, report to relevant department for approval in accordance with relevant laws and regulations.
Article 21 For any of the following activities conducted within the scenic and historic area of Tai Lake, relevant department shall, before examination and approval, solicit opinions from the administrative agency of a city or a county:
(1) setting up aerial or aquatic touring routes which pass through the scenic area;
(2) conducting scientific investigation or collecting specimens;
(3) shooting films or making TV programs;
(4) other activities concerning the protection and utilization of the scenic and historic area of Tai Lake.
Article 22 To conduct construction activities within the scenic and historic area of Tai Lake, the project owners and the construction units shall formulate plans for landscape renovation, vegetation protection, pollution prevention and control and water and soil conservation, and take effective measures to protect the surrounding scenery, water bodies, forests, grass and other vegetation, wild animal resources, terrain and landforms.
Article 23 The provincial administrative agency shall establish information system for administration of the scenic and historic area of Tai Lake.
The administrative agency of a city or a county is responsible for the dynamic monitoring of implementation of the planning for the scenic and historic area of Tai Lake and protection of the resources within the scenic areas and spots within its jurisdiction, and shall regularly report and submit the monitoring reports to the provincial competent construction department. The provincial competent construction department shall regularly report to the Provincial People's Government on implementation of the planning for the scenic and historic area of Tai Lake and protection of resources.
Chapter Ⅳ Utilization and Administration
Article 24 The people's government in the place where the scenic and historic area of Tai Lake is located shall, in the light of the planning for the scenic and historic area of Tai Lake, rationally utilize resources, improve touring conditions such as transportation and service facilities.
The administrative agency of a city or a county shall, in accordance with the planning for the scenic and historic area of Tai Lake, establish standardized signs and markings such as sings for the scenic areas and spots of the scenic and historic area of Tai Lake, boundary posts, road signs and safety instructions.
Article 25 The development and utilization of the resources within the scenic and historic area of Tai Lake such as inland water, land, forest trees shall comply with the planning for the scenic and historic area of Tai Lake, and go through relevant formalities for examination and approval according to law; for these ongoing activities of development and utilization which fail to meet the requirements of the planning for the scenic and historic area of Tai Lake, the provincial competent construction department shall order the rectification to be made within a prescribed period of time.
Article 26 Where the activities concerned with the protection and construction of the scenic and historic resources of Tai Lake are held within the special garden areas such as national forest parks, tourist holiday resorts, agriculture demonstration garden area and geological parks within the scenic and historic area of Tai Lake, they shall be subject to the requirements of the planning for the scenic and historic area of Tai Lake. Where there are provisions prescribed otherwise in laws and administrative regulations, those provisions shall prevail.
Article 27 The existing museums, store-rooms or state-owned units of cultural relics protection which are opened up as touring sites within the scenic and historic area of Tai Lake shall not be operated as enterprise assets. The engineering projects concerning irremovable cultural relics shall, according to laws and regulations on protection of cultural relics, go through the formalities of examination and approval.
The establishment of the sites for religious activities within the scenic and historic area of Tai Lake shall, according to relevant laws and regulations, go through the formalities of examination and approval.
Article 28 The engineering projects within the scenic and historic area of Tai Lake shall meet the requirements of the planning for the scenic and historic area of Tai Lake, and the matters such as the layout, height, capacity, shape-design, style and color of the buildings shall be congruent with the surrounding environment. It is prohibited to construct any project or facility which destroys landscapes, endangers safety, pollutes environment, affects flood control, reduces the water quality of the water function zoning and hinders touring.
Article 29 The administrative agency of a city or a county shall establish and improve a safety guarantee system to strengthen safety management, and establish and improve an emergency management mechanism to deal with emergencies promptly.
It is prohibited to accept pleasure-boats or tourists beyond the designated capacity or conduct touring activities in areas without safety guarantees.
Article 30 The provincial competent construction department shall supervise and inspect the implementation of the planning for the scenic and historic area of Tai Lake and the protection of resources thereof. It shall timely redress and handle the problems that have been uncovered.
Chapter Ⅴ Legal Liabilities
Article 31 Where the local people's government at or above the county level and its relevant departments, in violation of the provisions in these Regulations, commit any of the following acts, the person directly in charge and other persons directly responsible shall be given sanctions according to law; where a crime is constituted, he shall be investigated for the criminal liabilities according to law:
(1) establishing, in violation of the planning for the scenic and historic area of Tai Lake, various development zones, industrial zones or manufacturing enterprises within the scenic and historic area of Tai Lake;
(2) operating museums, store-rooms or state-owned units of cultural relics protection opened up as touring sites as enterprise assets;
(3) other acts that fail to perform the duties of supervision and administration according to law.
Article 32 Where the administrative agency of a city or a county, in violation of the provisions in these Regulations, examine and approve to conduct construction activities within the scenic and historic area of Tai Lake in excess of authority, the people's government which establishes the above-mentioned administrative agency shall order it to make corrections, and the person directly in charge and other persons directly responsible shall be given a sanction in the form of demotion or dismissal from the post.
Where the administrative agency of a city or a county, in violation of the provisions in these Regulations, accept pleasure-boats or tourists in excess of the designated capacity or conduct touring activities in the areas without safety guarantees, or fail to submit monitoring reports on the implementation of the planning for the scenic and historic area of Tai Lake and the protection of resources thereof according to provisions, the people's government which establishes the above-mentioned administrative agency shall order it to make corrections; if the case is serious, the person directly in charge and other persons directly responsible shall be given a sanction in the form of demotion or dismissal from post.
Article 33 Where anyone who, in violation of the provisions in these Regulations, commits any of the following acts, the administrative agency of a city or a county shall order cessation of the illegal act, restoration to the original condition, or demolition to be done within a specified time, confiscate the illegal gains, and concurrently impose a fine of not less than 500,000 yuan but not more than 1,000,000 yuan:
(1) cutting into mountains, quarrying, mining, assarting, filling lakes or other activities that would undermine the landscapes, vegetations, terrain or landforms within the scenic and historic area of Tai Lake;
(2) building facilities to store explosive, combustible, radioactive, poisonous or corrosive substances or piling up, discarding or processing waste residues, gangue, oil, pollutants containing pathogens and other poisonous and harmful substances within the scenic and historic area of Tai Lake;
(3) constructing hotels, guest houses, training centers, sanitariums, business buildings, residential houses, restaurants or other buildings irrelevant to the protection of the scenic and historic resources of Tai Lake within the core scenic area.
Where the people's government at or above the county level and its relevant departments approve the acts as prescribed by the preceding paragraph, the person directly in charge and other persons directly responsible shall be given a sanction in the form of demotion or dismissal from post according to law; where a crime is constituted, he shall be investigated for the criminal liabilities according to law.
Article 34 Where any individual, in violation of the provisions in these Regulations, assarts, builds tombs, erects tablets or conducts other activities that would destroy the landscapes, vegetations, terrain or landforms, the administrative agency of a city or a county shall order cessation of the illegal act, restoration to the original condition within a specified time or to take other remedial measures, confiscate the illegal gains, and concurrently impose a fine of not less than 1,000 yuan but not more than 10,000 yuan.
Article 35 Where anyone, in violation of the provisions in these Regulations, conducts construction activities other than those prohibited in laws and administrative regulations within the scenic and historic area of Tai Lake without verification by the provincial administrative agency or the administrative agency of a city or a county, the said administrative agency shall order cessation of construction and demolition to be done within a specified time, and impose upon the individual a fine of not less than 20,000 yuan but not more than 50,000 yuan, and upon the unit a fine of not less than 200,000 yuan but not less than 500,000.
Article 36 Where anyone, in violation of the provisions in these Regulations, installs or displays commercial advertisements, or holds large-scale entertainments or other activities within the scenic and historic area of Tai Lake without verification by the administrative agency of a city or a county, the administrative agency of a city or a county shall order cessation of illegal act, restoration to the original condition within a specified time or other remedial measures to be taken, confiscate the illegal gains, and concurrently impose a fine of not more than 100,000 yuan; if the case is serious, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be concurrently imposed.
Where anyone, in violation of the provisions in these Regulations, conduct activities which would change the natural state of water resources or water environment or other activities which would affect the ecology or landscapes within the scenic and historic area of Tai Lake without verification by the provincial administrative agency, the provincial administrative agency shall order cessation of illegal act, restoration to original condition within a specifies time or other remedial measures to be taken, confiscate the illegal gains, and concurrently impose a fine of not less than 50,000 yuan but not more than 100,000 yuan; if the case is serious, a fine of not less than 100,000 yuan but not more than 200,000 yuan shall be concurrently imposed.
Article 37 Where anyone, in violation of the provisions in these Regulations, scrawls graffiti, carves on scenery or facilities or litters within the scenic and historic area of Tai Lake, the administrative agency of a city or a county shall order restoration to original condition or to take other remedial measures, and impose a fine of 50 yuan; where anyone scrawls graffiti on, carves on, or vandalizes by other means, cultural relics or historic sites protected by the State, he shall be punished in accordance with the relevant provisions in the Law on Punishments in Public Order and Security Administration and Law on Protection of Cultural Relics; where a crime is constituted, he shall be investigated for the criminal liabilities according to law.
Article 38 Where a construction unit, in violation of the provisions in these Regulations, destroys the surrounding scenery, water bodies, forests, grass and other vegetation, wild animal resources, terrain or landforms, the administrative agency of a city or a county shall order cessation of illegal act, restoration to original condition within a specified time or other remedial measures to be taken, and concurrently impose a fine of not less than 20,000 yuan but not more than 100,000 yuan; where it fails to restore to the original condition or take other effective measures at the expiration of the specified time, it shall be order to cease construction.
Article 39 Where the administrative agency of a city or a county fails to investigate and deal with the acts in violation of the provisions in these Regulations according to law, the provincial administrative agency may order it to investigate and deal with the acts according to law; where it still fails to investigate and punish before the expiration of the specified time, the provincial administrative agency may investigate and deal with the acts according to law.
Where the illegal acts prescribed by these Regulations have been penalized by relevant departments in accordance with relevant laws and regulations, the provincial administrative agency or the administrative agency of a city or a county shall not impose penalty on the same acts.
Chapter Ⅵ Supplementary Provision
Article 40 These Regulations shall come into effect as of June 1, 2007.