Announcement on Seeking Opinions on "Regulations on the Protection of Xiannuzhai Ecological Park (Draft)" in Loudi
Announcement on Seeking Opinions on "Regulations on the Protection of Xiannuzhai Ecological Park (Draft)" in Loudi
The 20th meeting of the Standing Committee of the Fifth Session of the People's Congress of Loudi City reviewed the "Regulations on the Protection of Xiannuzhai Ecological Park (Draft)" in Loudi City for the second time. In order to reflect the requirements of democratic legislation and improve the quality of legislation, the full text of the second review draft of the bill is now published, and all sectors of the community are invited to submit suggestions for amendments. If you have any comments, please send them to the Legal Work Committee of the Standing Committee of Loudi City People's Congress or email to email@example.com before May 5, 2019.
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 in Loudi City (Draft · Second Review Draft)"
Loudi Municipal People's Congress Standing Committee Office
April 1, 2019
Regulations on Protection of Xiannuzhai Ecological Park in Loudi City
案 · 二次审议稿） (Draft , Second Review)
Chapter I General Provisions
Article 1 [Legislative Purpose and Basis] In order to protect Xiannuzhai Ecological Park, give play to the ecological service function of ecological park, and promote the construction of ecological civilization, these regulations are formulated in accordance with relevant laws and regulations and in accordance with the actual conditions of this city.
Article 2 [Scope of Application] These regulations apply to the planning, construction, protection and management of Xiannuzhai Ecological Park.
The specific scope of Xiannuzhai Ecological Park is determined in accordance with the “Master Plan of Xiannuzhai Ecological Park”.
Article 3 [Responsibilities of the Municipal Government and Its Departments] 规划、建设、 保护和管理工作的领导。 The Loudi Municipal People's Government shall strengthen leadership over the planning, construction, protection and management of Xiannuzhai Ecological Park .
The Loudi Municipal People's Government's natural resources and planning, ecological environment, forestry and other departments shall do a good job in the supervision and management of Xiannuzhai Ecological Park.
Article 4 [Responsibilities of Louxing District Government and its departments, township committees and village committees] The Louxing District People's Government is responsible for organizing and implementing these regulations, establishing a work evaluation mechanism, and strengthening the protection and management of the Xiannuzhai Ecological Park.
The development and reform of the people's government of Louxing District, civil affairs, finance, natural resources and planning, ecological environment, housing and urban-rural construction, agriculture and rural areas, water conservancy, forestry, culture and tourism, emergency management, religious affairs and other departments shall work together in accordance with their respective duties Do a good job in the protection and management of Xiannuzhai Ecological Park.
The township people's government and sub-district office where the Xiannuzhai Ecological Park is located shall perform the duties of protecting the ecological park according to law. Villagers 'committees and residents' committees in ecological parks shall assist in the related work of protecting ecological parks.
Article 5 [Responsibilities of Management Institutions] The Louxing District People's Government has set up the Xiannuzhai Ecological Park Management Agency. Its main responsibilities are:
(1) Publicize and implement laws and regulations related to the protection and management of ecological parks;
(2) Establish and improve the management system of ecological environment, resource protection, operation and service of ecological parks;
(3) Participate in the preparation and implementation of the overall plan of the ecological park, the detailed control plan, and the rational development and scientific use of the resources of the ecological park;
供水、供电、交通、公共厕所、污水处理、垃圾收运等 公共基础设施的建设、管理和维护等工作； (4) Responsible for the construction, management and maintenance of public infrastructure such as ecological and landscape protection, water supply, power supply, transportation, public toilets, sewage treatment, garbage collection and transportation in the ecological park ;
(5) Responsible for daily inspections and deal with illegal acts in ecological parks according to law;
(6) Organizing surveys of natural and human resources in ecological parks and establishing data files;
(7) Supervise and manage construction projects and related activities in ecological parks according to law;
(8) Other duties that should be performed according to law.
Article 6 [Enforcement Mechanism] Regarding the matters authorized by this Regulation to the Xiannuzhai Ecological Park Management Agency to implement administrative penalties, the Ecological Park Management Agency shall perform its duties in accordance with law.
For matters that are not authorized by the regulations for the Xiannuzhai Ecological Park Management Institution to implement administrative penalties, the relevant departments of the People's Government of Louxing District may entrust the Ecological Park Management Institution to implement administrative punishment within the scope of the Ecological Park within its legal authority.
应当予以劝阻并告知有关部门和生态公园所在地乡镇人民政府、街道办事处处理，有关部门和乡镇人民政府、街道办事处应当及时处理并将处理结果书面告知生态公园管理机构。 Regarding matters not authorized by these regulations and the relevant departments of the People's Government of Louxing District not entrusting the Xiannuzhai Ecological Park Management Agency to implement administrative penalties, the Ecological Park Management Agency shall discourage and inform the relevant departments and the people of the townships and villages where the ecological park is located after discovering relevant illegal acts The government and the sub-district office shall handle the matter in a timely manner, and the relevant departments, the township people's government, and the sub-district office shall promptly handle the matter and notify the ecological park management agency in writing of the result.
Article 7 [Funding Guarantee Mechanism] The funds needed for the planning, construction, protection and management of Xiannuzhai Ecological Park shall be jointly undertaken by Loudi City and Louxing District People's Government.
Article 8 [Compensation Mechanism] Individuals or units that have suffered losses due to 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 and implemented after being approved by the People's Government of Loudi City.
Chapter II Planning and Construction
Article 9 [Planning, publication and modification] 人民政府自然资源和规划部门应当会同娄星区人民政府、仙女寨生态公园管理机构组织编制生态公园总体规划和控制性详细规划。 The natural resources and planning department of the Loudi Municipal People's Government, together with the Louxing District People's Government, and the Xiannuzhai Ecological Park Management Organization, shall organize the compilation of the overall planning and regulatory detailed planning of the ecological park.
The overall planning of Xiannuzhai Ecological Park should be based on the city's national economic and social development plan, the city's overall plan, the overall land use plan, and the environmental protection plan, and should be coordinated with the Shuifumiao National Wetland Park overall plan. Other plans involving ecological parks should be linked to the overall plan of the ecological park.
非经法定程序不得修改或者变更。 After being approved by the Loudi Municipal People's Government, the overall planning and regulatory detailed planning of the Xiannuzhai Ecological Park shall be reported to the Standing Committee of the Loudi Municipal People's Congress for record and announced to the public, and shall not be amended or changed without legal procedures.
Article 10 [Division Protection] 国家湿地公园各级保护区的划分相协调， 具体界线由生态公园管理机构标明并向社会公告。 Xiannuzhai Ecological Park is divided into first-level protection zone, second-level protection zone and third-level protection zone. The division of protection zones at all levels should be coordinated with the division of protection zones at all levels in Shuifumiao National Wetland Park. Mark and announce to the public.
Article 11 [Prohibited Construction Activities in Parks] The following construction activities are prohibited in Xiannuzhai Ecological Park:
(1) Construction of facilities for storing explosive, flammable, radioactive, toxic and corrosive materials;
(2) Construction of enterprises that pollute the environment such as papermaking, tanning, printing and dyeing, dyes, coking, sulfur refining, arsenic refining, mercury refining, oil refining, electroplating, pesticides, fertilizers, asbestos, cement, glass, steel, thermal power, etc.
(3) Development and construction of residential areas, golf courses, wind power and photovoltaic power generation projects;
(4) Construction of livestock and poultry breeding farms and breeding quarters;
(5) Other construction activities that damage the ecological environment.
Those that have already been completed shall be demolished or relocated.
Article 12 [Prohibition of construction activities in secondary protected areas] 禁止从事本条例第十一条规定的建设活动外，还禁止新建、扩建宾馆、招待所、度假村、疗养院；已经建成的，应当予以改造或者迁出。 In the second-class protected area of Xiannuzhai Ecological Park, in addition to the construction activities stipulated in Article 11 of these Regulations, the construction or expansion of hotels, guest houses, resorts, and nursing homes is also prohibited; those that have already been completed shall be transformed or moved out.
Article 13 [Prohibition of construction activities in first-level protected areas] 条、第十二条规定的建设活动外，还禁止在非划定区域新建、扩建居民住宅；已经建成的，应当予以改造或者迁出 。 In the first-class protected area of Xiannuzhai Ecological Park, in addition to the construction activities stipulated in Articles 11 and 12 of these Regulations , the construction and expansion of residential houses in non-delimited areas are also prohibited; Remodel or move out .
Article 14 [Construction Approval] Construction activities outside the prohibited scope in Xiannuzhai Ecological Park shall be subject to the preliminary examination opinions provided by the ecological park management agency, and then go through the relevant examination and approval procedures according to law.
The site selection, layout, shape, style, hue, height, and volume of buildings and structures approved for construction shall meet the planning requirements of Xiannuzhai Ecological Park.
The construction unit, construction unit or individual approved to carry out construction activities shall take effective measures to protect the surrounding scenery, water shorelines, forest and grass vegetation, wild animal resources and landforms; after the construction activities are completed, the site shall be cleared in time and restored The original environment.
Chapter III Protection and Management
Article 15 [Forest Resources Protection] The management agency and relevant departments of Xiannuzhai Ecological Park shall do a good job of planting trees, afforesting mountains, protecting forests, preventing fires, preventing and controlling forest diseases and insect pests, and maintain a good ecological environment for the ecological park.
The forest logging in Xiannuzhai Ecological Park is forbidden. If it is really necessary to cut the forest due to forest alteration, tending and renewal, etc., it shall be submitted to the relevant department for approval after the preliminary review opinions of the ecological park management agency.
Article 16 [Water Environmental Protection] The sewage produced and produced in Xiannuzhai Ecological Park has sewage pipe network facilities, which shall be discharged into the sewage pipe network after reaching the sewage acceptance standard; if there is no sewage pipe network facilities, it shall be treated to meet the national first level standard for comprehensive sewage discharge Can be discharged from the rear.
The eco-environment department shall work with Xiannuzhai Ecological Park management agency and other relevant departments to strengthen the inspection and cleanup of the sewage outlets and pollution sources in the ecological park.
Article 17 [Atmosphere Protection] The production and operation operators 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, and the use of clean energy such as electricity, natural gas, liquefied gas, and biogas is encouraged.
Article 18 [Developing Ecological Agriculture and Forestry] Encourage the development of ecological agriculture and forestry in Xiannuzhai Ecological Park, and use organic fertilizers to reduce water, soil and air pollution.
The scale of free-range livestock and poultry is strictly controlled in Xiannuzhai Ecological Park.
Article 19 [Religious Sites and Monuments Protection and Management] 宗教事务管理部门应当会同仙女寨生态公园管理机构加强对生态公园内天籁寺、玄真观等宗教场所的保护和管理。 The religious affairs management department of Louxing District shall work with the Xiannuzhai Ecological Park Management Institution to strengthen the protection and management of religious sites such as Tianzhu Temple and Xuanzhen Temple in the ecological park.
The Xiannuzhai Ecological Park has certain historical, cultural, scientific, and artistic values of buildings, structures, relics, and ruins. The cultural relics protection department of Louxing District shall strictly protect it. No unit or individual shall be damaged or removed or removed without authorization.
Article 20 [Park Activity Management] The following activities in Xiannuzhai Ecological Park shall be submitted to the relevant departments for approval according to law after the preliminary review opinions have been submitted by the ecological park management agency:
(1) Posting and hanging outdoor advertisements;
(2) to organize large-scale sports events, festivals, performing arts, entertainment and other activities;
(3) shooting movies and TV;
其他可能影响生态环境的活动。 (4) Other activities that may affect the ecological environment.
Article 21 [Prohibited Acts in Parks] The following acts are prohibited in Xiannuzhai Ecological Park:
(1) Activities that destroy vegetation and landforms, such as mountain opening, quarrying, sand mining, earth extraction, mining, pit digging, pond filling, kiln opening, reclamation, and land reclamation;
(2) incineration of asphalt, linoleum, rubber, plastic, leather, garbage, and other substances that produce toxic and harmful smoke and odorous gases;
(3) Random dumping, stacking, discarding, leaving rubbish, earth and stones, and other waste;
(4) Set off airborne drifting objects with open flames, such as wishing lights and Kong Ming lanterns, set off fireworks and firecrackers, and set out fires, burn charcoal, and light candles in the fire restricted areas;
(5) the use of highly toxic, highly toxic and highly residual pesticides;
在非划定区域埋葬遗体、建造坟墓； (6) burying remains and constructing graves in non-delimited areas;
(7) Grilling food in the open air in non-designated areas;
(8) Hunting wild animals and collecting wild plants protected by the state and the province;
(9) introduction of alien species;
(10) Damage to public facilities such as boundary monuments, boundary pillars, signs and signs;
(11) Spitting or drowning everywhere;
(12) Other acts prohibited by laws and regulations.
Article 22 [Prohibited acts in first-level protected areas] 新建、改建、扩建坟墓。 In the first-class protected area of Xiannuzhai Ecological Park, in addition to prohibiting the behavior stipulated in Article 21 of these regulations, it is also prohibited to build, rebuild or expand graves.
Article 23 [Ecological restoration] If the ecological environment of Xiannuzhai Ecological Park is damaged due to the construction or exploitation of resources, the actor shall be responsible for remediation.
Split into Articles 21 and 22
Article 24 [Management of Business Activities] The management agency of Xiannuzhai Ecological Park shall strengthen the supervision and management of the business activities in the ecological park and regulate the operation behavior.
Article 25 [Garbage Management] The management agency of Xiannuzhai Ecological Park shall, in conjunction with the relevant township people's governments and sub-district offices, strengthen garbage management and implement waste sorting, collection, transportation and treatment.
Chapter IV Legal Liability
Article 26 [Legal Liability for Illegal Construction] In violation of Article 11, paragraph 1, paragraph 1, paragraph 1, paragraph 2, paragraph 3, paragraphs 12, 13 of this Regulation, illegal construction activities in Xiannvuzhai Ecological Park shall be conducted by Louxing District Natural The Ministry of Resources and Planning ordered to stop illegal acts, dismantle illegal buildings, structures or other facilities within a time limit, and restore them to their original state, and may concurrently impose a fine of less than 10% of the cost of the construction project.
In violation of Article 11, paragraph 1, paragraph 4 of these regulations, in the construction of livestock and poultry farms and breeding communities in Xiannvuzhai Ecological Park, the ecological environment department of Louxing District shall be ordered to stop illegal activities; A fine of 30,000 yuan up to 100,000 yuan shall be imposed and reported to the people's government at or above the county level to order dismantling or closure.
Article 27 [Legal Liability for Illegal Logging] 第二款规定，盗伐森林或者其他林木的，依法赔偿损失，由娄星区林业部门责令补种盗伐株数十倍的树木，没收盗伐的林木或者变卖所得，并处盗伐林木价值三倍以上十倍以下的罚款；滥伐森林或者其他林木，由娄星区林业部门责令补种滥伐株数五倍的树木，并处滥伐林木价值二倍以上五倍以下的罚款。 In violation of the second paragraph of Article 15 of these regulations, illegally logging forests or other forests shall be compensated for in accordance with the law. The forestry department of Louxing District shall order the replanting of dozens of times of illegally planted trees, confiscation of the illegally harvested forests or sale proceeds. , And imposed a fine of three times to ten times the value of the illegally felled trees; the forestry department of Louxing District ordered the replanting of five times the number of trees that were deforested, and imposed two times the value of the deforested trees. Five times fine.
In case of refusing to replant trees or the replanting does not meet the relevant state regulations, the forestry department of Louxing District will replant the crops on behalf of them, and the expenses required shall be paid by the offenders.
Article 28 [Legal Liability for Polluting the Atmosphere] In violation of the first paragraph of Article 17 of these regulations, if manufacturers and operators of oil fume discharge do not install oil fume purification facilities, use oil fume purification facilities abnormally, or fail to adopt other oil fume purification measures, and discharge oil fume in excess of the emission standards, Louxing District Ecology The environment department ordered a correction and imposed a fine of more than 5,000 yuan but less than 50,000 yuan; those who refused to make corrections were ordered to suspend business for rectification.
If a coal-fired boiler is used in violation of Article 17, paragraph 2, of these regulations, the ecological environment department of Louxing District shall confiscate the coal-fired boiler facilities, organize the dismantling of the coal-fired boiler, and impose a fine of 20,000 to 200,000 yuan. .
Article 29 [Legal Liability for Violations of Prohibited Park Activities] 本条例第二十一条有关规定的，由相关部门分别实施下列处罚： Violations of the relevant provisions of Article 21 of these regulations shall be punished by relevant departments respectively:
(1) If the activities of mountain opening, quarrying, sand mining, earth extraction, mining, pit digging, pond filling, kiln opening, reclamation, land reclamation and other activities have resulted in the destruction of forests and forests, compensation shall be made for losses in accordance with the law, and the Forestry Department of Louxing District shall order Stop illegal acts, and replant trees that are more than twice as many as three times as many as damaged, and may be fined more than twice as much as five times as much as the value of the forest;
尘或者恶臭气体物质的，由 娄星区生态环境部门 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； (2) If the burning of plastic, garbage, rubber, asphalt, linoleum, etc. produces toxic and harmful smoke or odorous gas substances, the ecological environment department of Louxing District shall order correction and impose a fine of 10,000 to 100,000 yuan on the unit. Individuals are fined between 500 and 2,000 yuan;
随意倾倒、堆放、丢弃、遗撒垃圾、土石以及其他废弃物的，由仙女寨生态公园 管理机构责令停止违法行为，限期改正，对单位处五千元以上五万元以下的罚款，对个人处五十元以上一百元以下的罚款； (3) For dumping, stacking, discarding, strewing garbage, earth, stones and other wastes at will, the Xiannuzhai Ecological Park Management Agency shall order the illegal activities to be stopped and corrected within a time limit, and a fine of 5,000 yuan to 50,000 yuan shall be imposed on the unit. Individuals impose fines ranging from 50 yuan to 100 yuan;
(4) For the discharge of airborne drifting objects with open flames such as wishing lights and Kongming lanterns, fireworks and firecrackers, outdoor fires, burning charcoals, and burning candles in the no-fire zone, the forestry department of Louxing District will be ordered to stop illegal acts and give warnings. A fine of 200 yuan to 3,000 yuan shall be imposed on the individual and a fine of 10,000 yuan to 50,000 yuan shall be imposed on the unit;
责令停止违法行为；造成农业环境污染事故的，处三万元以下的罚款； (5) For those who use highly toxic, highly toxic, and high-residue pesticides, the agricultural and rural departments of Louxing District 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;
(6) For open-air barbecues in non-designated areas, the ecological environment department of Louxing District shall order corrections, confiscate barbecue tools and illegal gains, and impose a fine of 500 yuan to 20,000 yuan;
(7) Anyone who spits or urinates, shall be ordered to make corrections by the Xiannuzhai Ecological Park Management Agency, and may be fined from 50 yuan to 100 yuan.
Article 30 [Legal liability for illegally constructing graves] In violation of Article 21, Articles 6 and 22 of these regulations, if a grave is built illegally, Louxing District Natural Resources and Planning Department shall order correction within a time limit; if it fails to make corrections within the time limit, it shall apply for compulsory execution according to law and shall be imposed. A fine ranging from 5,000 yuan to 10,000 yuan.
Article 31 [Joint Provisions] These regulations do not provide for penalties for violations of laws and regulations.
Article 32 [Legal Liability of Public Officials] 生态公园所在地乡镇以上人民政府及其部门工作人员违反本条例规定，有下列行为之一的，对直接负责的主管人员和其他直接责任人员依法给予政务处分： Xiannuzhai Ecological Park Management Institution, the people's government at the township level or above and its staff in violation of the regulations, whoever commits one of the following acts, will be directly punished by the person in charge directly responsible and other directly responsible persons according to law:
(1) Violating the planning approval construction activities of ecological parks;
(2) Embezzling, retaining or misappropriating compensation funds;
(3) Failure to promptly investigate or deal with illegal acts in the ecological park;
(4) Other circumstances stipulated by laws and regulations.
Chapter V Supplementary Provisions
Article 33 [Effective Date] Regulations since 201 Effective from year, month and day.