Announcement on Soliciting Opinions on the Regulations on the Protection of Xiannuzhai Ecological Park (Draft)
Announcement on Soliciting Opinions on the Regulations on the Protection of Xiannuzhai Ecological Park (Draft)
The 17th meeting of the Standing Committee of the Fifth People's Congress of Loudi City conducted the first review of the "Regulations on the Protection of Xiannuzhai Ecological Park (Draft)". In order to enhance the democracy and scientificity of legislation and improve the quality of legislation, the "Regulations (Draft)" and its description are published in full, and opinions from all sectors of society are openly solicited. If you have any comments, please send them to the Legal Work Committee of Loudi Municipal People's Congress by January 31, 2019 or email email@example.com.
Contact: Xie Jianbo Phone: 0738-8289923
娄底市乐坪 大道东500 号 Address: 500 Leping Avenue East , Loudi City Postcode: 417000
Attachment: Regulations on the Protection of Xiannuzhai Ecological Park (Draft) and its explanation
Loudi Municipal People's Congress Standing Committee Office
December 26, 2018
Xiannuzhai Ecological Park Protection Regulations (Draft)
Chapter I General Provisions
First 为了加强对仙女寨生态公园的保护和管理，规范仙女寨生态公园资源利用，推进娄底绿色发展和生态文明建设， 根据有关法律、法规，结合本 市实际，制定本条例。 (Legislative purpose) In order to strengthen the protection and management of Xiannuzhai Ecological Park, standardize the use of resources in Xiannuzhai Ecological Park, promote the green development of Loudi and the construction of ecological civilization , these regulations are formulated in accordance with relevant laws and regulations and the actual situation of this city .
Article 2 (Scope of Application) These regulations apply to the planning, construction, protection and management of Xiannuzhai Ecological Park.
保护 范围 为东至湘乡界，西至华星路、株东路、新星南路，南至香泉湾街、沪昆高铁，北至水洋新区建设控制线，总面积934公顷，包括水洋、福潭、坪石、思乐、大新、群益、傅家、仙女寨等8个行政村。 The protected area of Xiannuzhai Ecological Park ranges from Xiangxiang to the east, Huaxing Road, Zhudong Road, Xinxing South Road to the west, Xiangquanwan Street, Shanghai-Kunming high-speed rail to the south, and a control line to the north of the Shuiyang New Area. Including 8 administrative villages including Shuiyang, Futan, Pingshi, Sile, Daxin, Qunyi, Fujia, Fairy Village. The specific scope of protection is determined in accordance with the "Master Plan for Xiannuzhai Ecological Park" approved by the Municipal People's Government.
Article 3 应当遵循科学规划、保护优先、合理利用、综合治理、持续发展的原则。 (Legal principles) The protection of Xiannuzhai Ecological Park shall follow the principles of scientific planning, protection priority, reasonable use, comprehensive management, and sustainable development.
Article 4 (Responsibilities of the Municipal Government) The Municipal People's Government shall strengthen the leadership of the planning, construction, protection and management of Xiannuzhai Ecological Park, incorporate the planning, construction, protection and management of Xiannuzhai Ecological Park into the national economic and social development plan and establish Work coordination mechanism.
The fifth (Responsibilities of Municipal Government Departments and Municipal Governments) The Municipal People's Government is involved in development and reform, finance, environmental protection, land and resources, culture, tourism, housing, urban and rural construction, agriculture, forestry, water conservancy, civil affairs, religion, security supervision, planning, and urban management The competent authorities, the People's Government of Louxing District, and the Management Committee of Wanbao New District shall, in accordance with their respective responsibilities, do a good job in the related supervision and management of Xiannuzhai Ecological Park.
Article 6 (Responsibilities of Management Institutions) The people's government of Louxing District has established a management agency for Xiannuzhai Ecological Park, which is specifically responsible for the construction, protection and management of Xiannuzhai Ecological Park. Its main responsibilities are:
(1) Promote and implement laws and regulations on the protection and management of Xiannuzhai Ecological Park, and organize ecological environmental protection activities;
(2) Participate in the preparation and implementation of the overall planning and detailed control plan of Xiannuzhai Ecological Park, and rationally develop and scientifically use the resources of Xiannuzhai Ecological Park;
、 市场秩序、旅游安全和旅游业发展等工作； (3) Responsible for environmental protection , market order, tourism safety and tourism industry development in Xiannuzhai Ecological Park ;
(4) Responsible for the construction, management and maintenance of public infrastructure in Xiannuzhai Ecological Park;
(5) Responsible for daily inspections and handle illegal acts in Xiannuzhai Ecological Park in accordance with law;
(6) To organize investigations on natural and human resources in Xiannuzhai Ecological Park and establish data files;
依法管理、监督仙女寨生态公园内建设项目和有 关活动； (7) To manage and supervise the construction projects and related activities in Xiannuzhai Ecological Park in accordance with law ;
(8) Other duties that should be performed according to law.
Article 7 市、区人民政府以及万宝新区管理委员会做好仙女寨生态公园的 保护工作。 (Responsibilities of the Township Subdistrict Office and Village Committee) The township people's government and sub-district office where the Xiannuzhai Ecological Park is located shall cooperate with the municipal and district people's governments and the Wanbao New District Management Committee to protect the Xiannuzhai Ecological Park .
Villagers 'committees and residents' committees in Xiannuzhai Ecological Park shall cooperate with relevant government departments to do a good job in the protection and management of Xiannuzhai Ecological Park.
eighth (Enforcement mechanism) The management institution of Xiannuzhai Ecological Park shall strengthen the construction of law enforcement teams and perform the administrative law enforcement functions conferred by these regulations in accordance with the law.
The relevant administrative departments of the municipal and district people's governments may entrust the administrative punishment function in Xiannuzhai Ecological Park to the Xiannuzhai Ecological Park management agency.
The management agency of Xiannuzhai Ecological Park shall discourage illegal acts without law enforcement authority and notify the relevant competent authorities to deal with it. The relevant competent authorities shall notify the management of Xiannuzhai Ecological Park in writing of the results of the processing.
Article 9 对因建设、保护和管理仙女寨生态公园受到直接利益损失的土地、森林等自然资源和建筑物、构筑物等合法财产的所有权人、使用权人，应当依法给予补偿。 (Compensation mechanism) The owners and right-of-use rights of legal property such as land, forest and other natural resources and buildings and structures that have suffered direct benefits from the construction, protection and management of Xiannuzhai Ecological Park shall be compensated according to law. The specific compensation measures shall be formulated by the People's Government of Louxing District.
Article 10 建设、保护和管理工作。 (Public participation) Encourage and support natural persons, legal persons and other organizations to participate in the construction, protection and management of Xiannuzhai Ecological Park in accordance with law through donations and participation in voluntary service activities .
Any unit and individual has the obligation to protect the ecological environment of Xiannvuzhai Ecological Park, and has the right to dissuade and report on acts that damage the ecological environment of Xiannuzhai Ecological Park.
Units and individuals who have made outstanding achievements in the protection and management of Xiannuzhai Ecological Park shall be commended and rewarded by the people's government of Louxing District.
Chapter two Planning and Construction
Article 11 组织编制仙女寨生态公园总体规划和控制性详细规划，经市人民政府批准后向社会公布，并报市人民代表大会常务委员会备案。 (Planning and publication) The municipal and rural planning authorities of the Municipal People's Government, together with the People's Government of Louxing District, the Management Committee of Wanbao New District, and the Xiannuzhai Ecological Park Management Organization, shall organize the formulation of the overall planning and detailed control plan of the Xiannuzhai Ecological Park. After approval, it will be announced to the public and reported to the Standing Committee of the Municipal People's Congress for the record.
、环境保护规划 等规划为依据，与水府庙国家湿地公园总体规划相协调。 The overall planning of Xiannuzhai Ecological Park should be based on the city's national economic and social development plan, urban master plan, land use master plan , and environmental protection plan , and coordinate with the master plan of Shuifumiao National Wetland Park. 其他规划 ，应当与仙女寨生态公园总体规划相协调。 Other plans involving the Xiannuzhai Ecological Park should be coordinated with the overall planning of the Xiannuzhai Ecological Park.
Article 12 (Plan modification) The approved overall planning and regulatory detailed planning of Xiannuzhai Ecological Park shall not be modified or changed by any unit or individual without legal procedures.
Article 13 核心保护区、限制保护区和利用保护区 。 (Divisional protection) Xiannuzhai Ecological Park is divided into core protection areas, restricted protection areas and utilization protection areas . The core protected areas include Sunshui River and the natural mountains on both sides of the river, Tianshan Temple, the mountain where the Cihang Temple is located, woodland and the Xiannuzhai Botanical Garden. The total area is 420 hectares. Boundary area and the east side of Xinxing South Road and the east side of Huaxing Road, with a total area of 454 hectares; the use of protected areas includes the northeast side of Xinxing South Road and Xiangquanwan Street and the north side of Wanbao Avenue, with a total area of 60 hectares. The management agency of Xiannuzhai Ecological Park shall set boundary markers and boundary markers in accordance with the planning requirements and mark the protected areas. All types of construction are strictly implemented in accordance with the plan approved by the Municipal People's Government.
翻新 外，不得进行其他项目建设。 In the core protected area, except for ecological protection, landscape protection construction, public infrastructure construction, and renovation of village (resident) houses in the area designated in the plan , no other project construction can be carried out.
Within the restricted protected area, no other projects may be constructed except for the construction that can be carried out as described in the preceding paragraph, as well as the construction of local residential houses (residents) and land consolidation.
In the use of protected areas, it is forbidden to build new industrial projects and gradually withdraw from existing industrial projects, and tourism, leisure and health care facilities can be constructed moderately.
Article 14 仙女寨生态公园内的建设项目，应当符合仙女寨生态公园的规划要求。 (Construction approval) The construction projects in Xiannuzhai Ecological Park shall meet the planning requirements of Xiannuzhai Ecological Park. Relevant competent authorities shall solicit the opinions of the Xiannuzhai Ecological Park Management Agency before approving the construction project.
Article 15 (Construction management) Units or individuals conducting construction activities in Xiannuzhai Ecological Park shall take effective measures to protect the surrounding scenery, water bodies, forest and grass vegetation, wild animal resources, and landforms. After the construction activities are over, the site should be cleared in time to restore the original environment.
Article 16 (Reconstruction and removal) The people's government of Louxing District shall, in accordance with the overall planning and regulatory detailed planning requirements of Xiannuzhai Ecological Park, renovate the buildings in the park and rectify the surrounding environment of the buildings.
The municipal and district people's governments should plan special residential land, build relevant infrastructure, and encourage villagers (residents) to move out of the core protected area.
third chapter protection
Article 17 (Forest resource protection) The management agency of Xiannuzhai Ecological Park and relevant competent departments shall do a good job in planting trees, closing hills and forests, preventing forest fires and preventing and controlling forest diseases and insect pests, so as to maintain the good ecological environment of Xiannuzhai Ecological Park.
If it is really necessary to cut down trees in the Xiannuzhai Ecological Park due to forest phase transformation, tending and renewal, etc., the relevant competent department shall seek the opinions of the Xiannuzhai Ecological Park management agency before examining and approving.
Article 18 (Water resources protection) The municipal and district people's governments shall strengthen the construction of sewage pipeline networks and sewage treatment infrastructure in Xiannuzhai Ecological Park, standardize water quality monitoring and sanitary protection management, and achieve sewage discharge up to standards.
The competent department of environmental protection shall work with the management agency of Xiannuzhai Ecological Park to strengthen the inspection and cleanup of the sewage outlets, living pollution sources, and pollution sources of livestock and poultry breeding in the park.
Sewage generated by the service industry operators in Xiannuzhai Ecological Park shall be discharged into the sewage pipe network after it has been treated to meet the sewage pipe network's pollution acceptance standards. If there is no sewage pipe network, the operator of the service industry shall discharge the sewage after the sewage treatment reaches the first-level discharge standard.
Article 19 (Air quality protection) The competent environmental protection department shall work with the Xiannuzhai Ecological Park management agency to strengthen the monitoring of the ambient air quality in the Xiannuzhai Ecological Park.
The operator of the catering industry in Xiannuzhai Ecological Park shall take measures such as installing oil fume purification facilities to meet the standards to discharge oil fume.
The use of coal-fired boilers is prohibited in Xiannuzhai Ecological Park. Encourage villages, tourist attractions, and business places in Xiannuzhai Ecological Park to give priority to clean energy such as electricity, solar energy, natural gas, liquefied gas, and biogas.
Article 20 (Wetland protection) The management agency of Xiannuzhai Ecological Park and the municipal Shuifumiao National Wetland Park shall strengthen the protection and management of the area of Hunan Shuifumiao National Wetland Park within the Xiannuzhai Ecological Park in accordance with their respective responsibilities.
Article 21 的管理和利用， 严格建设项目用地审批。 (Land use protection) The competent department of land and resources shall work with the Xiannuzhai Ecological Park management agency to strengthen the management and use of land in the Xiannuzhai Ecological Park and strictly approve land for construction projects.
Article 22 (Ecological agroforestry and animal and poultry control and protection) Encourage the development of ecological agroforestry in Xiannuzhai Ecological Park, strictly control the scale of free-range livestock and poultry farming, and promote the use of organic fertilizers to reduce water, soil and air pollution.
Article 23 (Ecological restoration) Industrial and mining enterprises such as quarries and brick factories in Xiannuzhai Ecological Park shall be closed within a time limit.
，限期关闭的企业责任人或者实际控制人应当负责治理修复。 If the exploitation of resources causes the ecological environment of Xiannuzhai Ecological Park to be damaged , the person in charge of the enterprise or the actual controller who closes within a time limit shall be responsible for remediation.
Article 24 (Prohibited Sexual Behavior) The following behaviors are prohibited in Xiannuzhai Ecological Park:
(1) Unauthorized occupation, random construction, unauthorized construction of buildings and structures;
(2) New or expanded livestock and poultry farms and breeding areas;
剧毒、高毒、 高残留的农药； (3) the use of highly toxic, highly toxic and highly residual pesticides;
(4) Deforestation or damage to vegetation;
猎捕国家 和地方保护的野生动物； (5) Hunting and hunting wildlife under national and local protection;
(6) illegal discharge of pollutants;
(7) Unauthorized destruction of the terrain and landforms by opening mountains, mining, quarrying, sand digging, or soil extraction;
(8) Damage, unauthorized removal of boundary markers, boundary pillars or other boundary signs;
(9) Incineration of plastics, garbage, straw, rubber, asphalt, linoleum and other substances that will produce toxic and harmful smoke or odorous gases and other substances that will affect the quality of ambient air;
(10) Other acts prohibited by laws and regulations.
Article 25 (Prohibition of sexual acts in the core protected area) It is forbidden to engage in the acts stipulated in Article 24 of these regulations in the core protected area of Xiannuzhai Ecological Park, and it is also prohibited to engage in the following acts:
(1) climbing flowers and plants, picking flowers, etc .;
(2) Drowning everywhere, littering melon peel cores, food packaging bags and other garbage;
建筑物、构筑物等设施 以及树木上涂写、刻画或者未经批准张挂、张贴宣传物等； (3) Scribing, depicting, or hanging or posting publicity materials on buildings, structures, and other facilities and trees;
(4) Field fires, open-air barbecues, and lighting of Kong Ming lamps, fireworks and firecrackers, burning incense and paper money outside designated areas, etc.
Chapter Four management
Article 26 仙女寨生态公园内有从事下列活动的，在依法报有关主管部门批准前，应当先征求仙女寨生态公园管理机构的意见： (Park Activity Management) If any of the following activities are carried out in Xiannuzhai Ecological Park, the opinions of Xiannuzhai Ecological Park management agency shall be sought before being reported to the relevant competent authority for approval according to law:
(1) Posting or hanging an outdoor advertising sign or logo;
(2) Holding large-scale or commercial performances, amusement and other activities;
(3) filming movies and television in the park;
(4) Collecting species and specimens for scientific research and cultural exchange;
(5) Other activities that may affect ecology and landscape.
Article 27 (Religious Places and Historic Sites Protection and Management) Religious management departments shall work with Xiannuzhai Ecological Park management agencies to strengthen the protection and management of religious sites such as Tianzhu Temple and Xuanzhen Temple in Xiannuzhai Ecological Park.
The buildings, structures, relics, and ruins in Xiannuzhai Ecological Park that are not included in the scope of cultural relics protection but have certain historical, cultural, scientific, and artistic values should be listed in the park's protection list and published. They should be strictly protected and must not be damaged or Relocation and removal without authorization.
Article 28 核心保护区内 禁止新建、改建、扩建坟墓。 (Management of funeral land) It is prohibited to build, rebuild or expand graves in the core protected area of Xiannuzhai Ecological Park . Existing tombs in the core protection zone, except for tombs with cultural relic protection value, shall be relocated within a time limit or buried in place without leaving the head.
坟葬不得破坏林地和生态环境，不得用水泥、石材等材料修建永久性墓冢。 The burials outside the core protected area in Xiannvuzhai Ecological Park shall not damage the forest land and ecological environment, and shall not use cement, stone and other materials to build permanent tombs.
Article 29 仙女寨生态公园管理机构应当根据旅游产业政策和园内旅游资源现状，制定仙女寨生态公园旅游产业经营管理规约，加强旅游经营行为的规范引导，落实环保责任，提高服务质量。 (Tourism industry management) The management agency of Xiannuzhai Ecological Park shall formulate the management regulations for the tourism industry of Xiannuzhai Ecological Park in accordance with the tourism industry policy and the status of tourism resources in the park, strengthen the normative guidance of tourism operations, implement environmental protection responsibilities, and improve service quality.
The management statute shall clearly define the business hours, business locations, pollution prevention and other matters of the tour operator.
（ 垃圾管理）娄星区人民政府应当加强仙女寨生态公园管理机构对仙女寨生态公园内生活垃圾收集设施的建设和管理。 Article 30 ( Garbage Management) The People's Government of Louxing District shall strengthen the construction and management of the garbage collection facilities in Xiannuzhai Ecological Park.
Garbage generated by villagers (residents), service industry operators, schools, nursing homes and other units in Xiannuzhai Ecological Park shall be sorted and stored, collected separately, collected and transported in a centralized manner.
Article 31 仙女寨生态公园核心保护区实行车辆进出限制。 (Traffic management) Vehicle access restrictions are imposed in the core protected area of Xiannuzhai Ecological Park. The traffic management department of the public security organ shall work with Xiannuzhai Ecological Park Management Institution to formulate specific measures and make an announcement to the public after approval.
chapter Five legal liability
Article 32 (Responsibility for illegal construction) Those who engage in illegal construction activities in Xiannuzhai Ecological Park in violation of Article 13, paragraphs 2, 3, 4, and Article 24, paragraph 1, shall be in charge of urban and rural planning. The department ordered that the illegal activities be stopped, the illegal construction (structure) or other facilities be demolished within a time limit, and the original state be restored, and a fine of less than 10% of the construction cost may be imposed concurrently.
Article 33 (Responsibility for destroying the ecological environment) In violation of Article 15 of these Regulations, if the construction site is not cleaned up and vegetation is restored within one month after the completion of the construction project, the Xiannuzhai Ecological Park Management Agency shall order correction within a time limit and impose 5,000 yuan or more and 20,000 yuan The following is fine.
Article 34 (Responsibility for illegal use of coal-fired boilers) In violation of the second paragraph of Article 19 of these regulations, operators of catering industries that emit soot have not installed soot purification facilities, used the soot purification facilities abnormally, or failed to adopt other soot purification measures, exceeding the emission standards. Those who emit oil fume shall be ordered to make corrections by the competent department of environmental protection and imposed a fine of 5,000 to 50,000 yuan; if they refuse to make corrections, they shall be ordered to suspend business for rectification.
If a coal-fired boiler is used in violation of Article 19, paragraph 3 of these regulations, the competent environmental protection department shall confiscate the coal-fired boiler facility, organize the dismantling of the coal-fired boiler, and impose a fine of 20,000 to 200,000 yuan.
Article 35 (Violation of Prohibition of Prohibited Sexual Behavior) Violations of the relevant provisions of Article 24 of these Regulations shall be punished by the relevant competent authorities:
新建、扩建畜禽养殖场、养殖小区的，由环境保护主管部门责令停止违法行为，限期改正；拒不改正的，处三万元以上十万元以下罚款，并报市人民政府责令拆除或者关闭； (1) For new or expanded livestock and poultry breeding farms and breeding quarters, the competent environmental protection department shall order to stop the illegal acts and make corrections within a time limit; if they fail to make corrections, they shall be fined 30,000 to 100,000 yuan and reported to the Municipal People's Government. Dismantle or close
(2) For those who use highly toxic, highly toxic, and high-residue pesticides, the competent agricultural department shall give a warning and order the cessation of illegal acts; those who cause agricultural environmental pollution accidents shall be fined up to 30,000 yuan;
(3) In case of excessive deforestation or damage to vegetation, compensation shall be made according to law; the competent forestry department shall order the replanting of trees with five times the number of felled trees, and impose a fine of two to five times the value of the excessively deforested trees; refusal to replant trees Or if the replanting does not meet the relevant national regulations, the competent forestry department shall replant the crops on behalf of them, and the expenses required shall be paid by the offenders.
(4) For hunting wild animals under national and local protection, the competent forestry authorities shall confiscate the catches, hunting tools, and illegal gains, and impose a fine of two to ten times the value of the catches, and no fines And concurrently impose a fine of 10,000 to 50,000 yuan; if a crime is constituted, criminal responsibility shall be investigated according to law;
(5) Those who discharge pollutants in violation of the law shall be ordered to make corrections within a time limit and imposed a fine by the competent department of environmental protection, and those who refuse to make corrections may be punished continuously from the day after the day when the correction is ordered;
擅自开山、采矿、采石、挖砂、取土等破坏地形、地貌的，由国土资源主管部门责令停止开采、赔偿损失，没收采出的矿产品和违法所得，可以并处二十万元以下的罚款；拒不停止开采，造成矿产资源破坏的，依照刑法有关规定对直接责任人员追究刑事责任； (6) Anyone who destroys terrain, landforms, etc. without permission for mining, mining, quarrying, sand digging, or soil extraction shall be ordered to stop mining, compensate for losses, and confiscate the mined mineral products and illegal income, and may be punished concurrently. A fine of less than 10,000 yuan; if the refusal to stop mining causes damage to mineral resources, the person directly responsible shall be investigated for criminal responsibility in accordance with the relevant provisions of the Criminal Law;
(7) If the boundary stakes or other boundary signs are damaged or moved without authorization, the Xiannuzhai Ecological Park Management Agency shall order correction and may impose a fine of not less than 100 yuan but not more than 5,000 yuan;
焚烧塑料、垃圾、秸秆、橡胶、沥青、油毡等会产生有毒有害烟尘或者恶臭气体的物质以及其它会影响环境空气质量的物质的，由环境保护主管部门 责令改正，对单位处一万元以上十万元以下的罚款，对个人处五百元以上二千元以下的罚款。 8. Burning of plastic, garbage, straw, rubber, asphalt, linoleum and other substances that will produce toxic and harmful soot or odorous gases and other substances that will affect the quality of the ambient air shall be ordered by the competent environmental protection department to make corrections. A fine of not less than RMB 100,000 and not more than RMB 100,000 shall be imposed on an individual with a fine of not less than RMB 500 and not more than RMB 2,000.
Article 36 (Violation of prohibited sexual behaviors in core protected areas) Violations of the relevant provisions of Article 25 of these regulations shall be imposed by the Xiannuzhai Ecological Park Management Agency respectively:
(1) Those who break flowers and plants, pick flowers and plants, and damage trees and flowers shall be ordered to make corrections and may be fined 50 yuan concurrently;
(2) Those who are drowning everywhere and throw litter of melon peel cores, food packaging bags, etc., shall be ordered to make corrections and may be fined 50 yuan concurrently;
在仙女寨生态公园 内建筑物、构筑物等设施 以及树木上涂写、刻画或者未经批准张挂、张贴宣传物等， 责令改正，可以并处五十元罚款； (3) Scribing, depicting, or hanging or posting propaganda without approval on the buildings, structures and other facilities and trees in Xiannuzhai Ecological Park , and ordering corrections may be imposed with a fine of 50 yuan;
(4) Those who use fire in the wild, open-air barbecues, and discharge of Kong Ming lamps, fireworks and firecrackers, burn incense and paper money outside designated areas shall be ordered to make corrections; those who refuse to make corrections shall be fined between 200 and 3,000 yuan.
Article 37 (Responsibility for burying graves in violation of the law) If a new, rebuilt, or expanded grave is violated in accordance with Article 28 of these regulations, the competent civil affairs department in conjunction with the competent land and resources department shall order the suspension of illegal acts or correction within a time limit. The following is fine.
Article 38 (Responsibility for dumping garbage illegally) In violation of Article 30, paragraph 2 of these regulations, if domestic waste is not classified into designated collection points or collection containers, and it is dumped, thrown, incinerated, or stacked at will, it shall be managed by Xiannuzhai Ecological Park The agency ordered that the illegal activities be stopped, corrected within a time limit, and individuals be fined 50 yuan.
Operators of service industries such as farmhouses, hotels, restaurants, guest houses, holiday villas and other units and other units shall be ordered to stop illegal behaviors, be corrected within a time limit, and be fined 5,000 to 50,000 yuan.
Article 39 其他 行为，法律、法规已有法律责任规定的，依照其规定处理，构成犯罪的，依法追究刑事责任。 (Convergence with higher law) For other acts that violate the provisions of these regulations , laws and regulations that already have legal liability provisions shall be dealt with in accordance with their provisions, and if they constitute a crime, criminal liability shall be investigated in accordance with the law.
Article 40 (Responsibility of the management department) If the person in charge of Xiannuzhai Ecological Park management agency, the relevant administrative department and the staff commits one of the following acts, the superior department shall give administrative sanctions according to law:
(1) those that have been examined and approved in violation of the law or have not been submitted for examination and approval in accordance with prescribed procedures and deadlines;
(2) Violating, retaining or misappropriating compensation funds in violation of the provisions of these Regulations;
(3) It is found that natural disasters or illegal acts are not handled in a timely manner or reported to the relevant authorities in a timely manner, causing serious consequences;
(4) Failure to perform statutory duties, or to engage in malpractices for personal gain or abuse of power, resulting in a fire, safety liability accident, or environmental pollution accident;
(5) Other circumstances stipulated by laws and regulations.
Chapter Six Supplementary clause
Article 41 (Effective Date) These Regulations shall become effective on the date of March 201.
）》的说 明 Explanation on the Regulations on the Protection of Xiannuzhai Ecological Park (Draft )
I. The need to formulate these Regulations
“ 绿肺 ” 。 Loudi City Xiannuzhai Ecological Park is located in the center of Louxing District, Loudi Economic Development Zone, and Wanbao New District. It covers an area of about 14 square kilometers and is close to the downtown area of Loudi. It is the city's " green lung " . The ecological park is rich in tourism resources, beautiful mountains and rivers, steep jungles, and beautiful natural environments. There are ruins of fairy maidens and tianyan rocks, and the cultural landscape is rich.
“ 绿肺 ” 功能发挥。 In recent years, because of the unclear scope, unclear positioning, and weak management of Xiannuzhai Ecological Park, illegal construction, burial and other burials have become prominent in the park, and problems such as resource destruction and environmental pollution have been outstanding, which has severely damaged Xiannuzhai Ecological Park. The ecological environment has affected the " green lung " function of Xiannuzhai Ecological Park . Although the government has taken some measures to strengthen management and protection in recent years, due to the lack of legal basis, the management and protection are obviously insufficient. Therefore, there is an urgent need for a local regulation with specific characteristics, local characteristics and strong operability to protect Xiannvuzhai Ecological Park.
Explanation of several major issues
。 (1) Regarding the establishment of institutions . The issue of the establishment of management institutions is the focus and difficulty of this legislation. On the one hand, it will affect the implementation of the regulations and the effect of their implementation, and will determine the success or failure of the regulations to a certain extent; on the other hand, in the context of the current institutional reform, rationalize the management of ecological park management agencies and other relevant administrative departments. Relationships are important.
， 将管理机构设在娄星区人民政府，市编办、娄星区人民政府认为 仙女寨生态公园 范围内的11个村（居）民委员会隶属于娄星区，将管理机构设在娄星区政府有利于各项工作落实 ， 并就此作出了决定，后因机构改革而中止。 The “Regulations (draft for review)” drafted by the Municipal Planning Bureau set the management agency at the People's Government of Louxing District, and the municipal editor and the people's government of Louxing District consider the 11 villages (residents) within the scope of Xiannuzhai Ecological Park . The committee is affiliated to Louxing District, and the establishment of a management agency in Louxing District Government is conducive to the implementation of various work . It has made a decision on this and was suspended due to institutional reform.
。 During the review process of the Municipal Government Legislative Affairs Office, when organizing discussions and studies of municipal government legal advisers, legal experts, and municipal departments, most comrades proposed that the management institution should be established by the municipal people's government. They believe that improving the management level is conducive to coordinating the municipal law enforcement departments. Conducive to the unified allocation and management of funds, and more conducive to the construction, protection and management of Xiannuzhai Ecological Park .
During the deliberations of the executive meeting of the municipal government, considering the reform trends such as institutional reform and the decline of administrative law enforcement power, the establishment of a management agency in accordance with the principle of territorial jurisdiction is more conducive to the work. The conference decided that the Xiannuzhai Ecological Park Management Agency should be established by the Louxing District People's Government. The Municipal Government's Legal Affairs Office revised the "Regulations (Draft)" in accordance with the requirements of the meeting, and made clear provisions on the establishment of institutions in Article 6.
(2) Regarding the law enforcement mechanism. The issue of the law enforcement mechanism of ecological park management agencies has also been the focus of controversy in various departments. Some departments advocate joint law enforcement, and some departments entrust law enforcement. The "Regulations (Draft)" both authorize law enforcement and entrust law enforcement; it not only assigns some administrative law enforcement powers to the management agencies of Xiannuzhai Ecological Park, but also stipulates that the relevant administrative departments of the municipal and district people's governments may The administrative penalty function is entrusted to the Xiannuzhai Ecological Park Management Agency. The reason why the "Regulations (Draft)" emphasizes entrusted law enforcement can not only provide legal basis for other administrative entities to entrust law enforcement, but also alleviate the problem of insufficient enforcement power of functional departments.
(3) About partition protection. Xiannuzhai Ecological Park is neither a scenic spot nor a provincial forest park. It is different from urban parks. There is no specific upper-level method for reference. According to laws in the related fields of environmental protection, forests, parks, etc., and with reference to other provinces and cities, the "Regulations (Draft)" stipulates that the Xiannuzhai Ecological Park is divided into core protected areas, restricted protected areas and protected areas for protection. The construction of this category is strictly in accordance with the plan approved by the Municipal People's Government, and the construction content of the ecological park is stipulated, which is also a feature of this Ministry's regulations.
(4) Regarding the compensation mechanism. Only in accordance with the law can local support be obtained. Establishing and implementing a perfect compensation mechanism is not only an important factor related to the future development of Xiannuzhai Ecological Park, but also the key to the smooth implementation of various regulations on resource protection in the Regulations (Draft). Therefore, the "Regulations (Draft)" make clear provisions on this. The owner, use of natural resources such as land, forest and other natural resources and buildings, structures and other legal property that have suffered direct benefits from the construction, protection and management of the Xiannuzhai Ecological Park. Right holders, compensation according to law.
(5) Concerning the construction of rural residential houses. ， 人口6351人，现有民房863栋，村民违规建房现象十分突出。 There are 11 administrative villages (neighborhood committees) in Xiannuzhai Ecological Park, with a population of 6,351. There are now 863 private houses, and the phenomenon of villagers' illegal building of houses is very prominent. 村（居）民 建房需求较大，但宅基地批准困难，很多村（居）民未经批准私建住宅，导致很多民房成为非法建筑。 In recent years, the village (residential) people have a large demand for building houses, but the approval of housing sites is difficult. Many villagers (residential people) build private houses without approval, resulting in many private houses becoming illegal buildings. To this end, the "Regulations (Draft)" regulates the approval and management of buildings in ecological parks in accordance with the problem of illegal buildings. Illegal occupation, construction and construction of buildings (structures), and reconstruction and improvement of existing buildings and surrounding environment in the park. The municipal and district people's governments should plan special residential land and build relevant infrastructure to encourage villagers (residents) to move out of the core protected area. We will gradually solve the problem of housing needs of villagers (residents) through transformation, improvement, planning, and encouragement.
(6) About the mass grave. At present, the grave mass grave problem in Xiannvuzhai Ecological Park is very serious. In addition to the indigenous residents, there are also non-indigenous residents who bury their graves in the park area, especially in the core protected areas (Xuanzhen Temple and Tianshan Temple's back mountain). (Region) There are also many individuals who have illegally occupied land burial graves, which have severely damaged the local ecological environment and natural landscape and need to be controlled urgently.
Aiming at the problem of illegal burials, the "Regulations (Draft)" set out the principles for handling districts, steps, and situations. First, make clear that the core protected area prohibits the construction, reconstruction, and expansion of graves. Existing tombs in the core protection zone, except for tombs with cultural relic protection value, shall be relocated within a time limit or buried in place without leaving the head. “ 一刀切 ” 的禁止土葬的形式，其他区域的坟葬只要求不得破坏林地和生态环境，不得用水泥、石材等材料修建永久性墓冢。 Secondly, no “ one-size-fits-all ” form of burial is prohibited. Graves in other areas are only required not to damage the forest land and ecological environment, and it is not allowed to use cement, stone and other materials to build permanent tombs.