Regulations of Jiangsu Province on Scenic Spots Management

• Document Number：Announcement No. 20 of the Standing Committee of the Eleventh People's Congress of Jiangsu Province
• Area of Law： Tourism
• Level of Authority： Provincial Local Regulations
• Date issued：05-20-2009
• Status： Effective
• Issuing Authority： Jiangsu Province

Regulations of Jiangsu Province on Scenic Spots Management
(Adopted at the Forth Meeting of the Standing Committee of the Seventh People's Congress of Jiangsu Province on August 28, 1988, Amended for the first time according to the Decisions on Amendment of the Regulations of Jiangsu Province on Scenic Spots Management at the Twenty-Ninth Meeting of the Standing Committee of the Eighth People's Congress of Jiangsu Province on July 31, 1997, amended for the second time according to the Decisions on Amendment of the Regulations of Jiangsu Province on Scenic Spots Management at the Ninth Meeting of the Standing Committee of the Tenth People's Congress of Jiangsu Province on April 16, 2004, and amended for the third time according to the Decisions on Amendment of the Regulations of Jiangsu Province on Scenic Spots Management at the Ninth Meeting of the Standing Committee of the Eleventh People's Congress of Jiangsu Province on May 20, 2009)
Chapter I General Provisions
Article 1 These Regulations are formulated in accordance with the relevant laws and regulations of the State, in light of the specific situation of this Province, and for the purpose of strengthening the management on scenic spots in this Province and better protection, development and utilization of scenic spots resources.
Article 2 Scenic spot resources refer to natural scenes of great view or great cultural or scientific value such as rivers, mountains, lakes, oceans, landscapes, forests, animals, vegetable, fossils and special geographic, astronomic and meteorological scenes and humanitarian scenes such as historic landmarks and sites, revolutionary memorial sites, historic relics, gardens, architectures, engineering facilities, the environment which they are in and the local customs and practices.
Scenic spots refer to the areas of great view and great cultural and scientific value, where natural scenes and humanitarian scenes concentrate, and where people can visit for sightseeing or conduct scientific or cultural activities.
Article 3 These Regulations shall apply to the establishment, planning, protection, utilization and management of scenic spots in the administrative region of this Province.
Article 4 Scenic spots within the administrative region of this Province shall be divided into national scenic spots, provincial scenic spots and scenic spots of cities or counties according to their views, cultural and scientific value, environment quality, sizes, and touring facilities.
The establishment of national and provincial scenic spots shall be conducted in accordance with the provisions in the Regulation of Scenic Spots of the State Council.
To establish a scenic spot at city or county level, the competent scenic spot administrative department of the people's government of a city divided into districts or a county (city) shall, in conjunction with the relevant departments, work out the research and assessment report on the scenic spot resources, submit it to the people's government at the corresponding level for approval and promulgation and report to the provincial competent construction administrative department for record.
Article 5 The local people's government at or above the county level shall organize the relevant departments to do well the work on planning, construction, protection and management of scenic spots to ensure the proper implementation of relevant laws and regulations.
The provincial competent construction administrative department shall be responsible for the supervision and management work concerning the scenic spots located within the administrative region of this Province. The other relevant departments of the provincial people's governments shall, according to their specified functions and duties, be responsible for the relevant supervision and management work concerning the scenic spots located within the administrative region of this Province.
The competent scenic spot administrative department of a city divided into districts or county (city) shall be responsible for the supervision and management work concerning the scenic spots located within its administrative region. The other relevant departments of the people's governments of the city divided into districts or the county (city) shall, according to their specified functions and duties, be responsible for the relevant supervision and management work concerning the scenic spots located within their respective administrative regions.
The scenic spot administration organ established by the people's government at or above the county level of the place where the scenic spot is located shall be responsible for the protection, utilization and management of the scenic spots. Where a scenic spot crosses administrative regions, the organ responsible for its administration shall be established by the people's governments of the places where it locates based on negotiation, or by the joint people's government at the next higher level.
Article 6 The development and utilization of the scenic spot resources shall be incorporate into the national economy and social development planning by the local people's governments at various levels.
Chapter II Planning
Article 7 The planning on scenic spots is the basis for construction, protection and management of scenic spots. Planning on scenic spots is divided into comprehensive planning and detailed planning.
Article 8 The planning on scenic spots shall be incorporated into the local urban and rural planning, and be integrated with the national economy and social development planning.
Article 9 In the planning on scenic spots, attention shall be given to the protection of natural heritage to maintain the ecological balance.
In the range of a scenic spot, the landscape shall be kept intact, the natural and historic features shall be maintained, and the ecological environment shall be protected so that touring and management can be organized when the scenic spot reaches certain scale.
In the protection zone of a scenic spot, the features of the landscape shall be preserved, the natural environment and the ecological balance be maintained, pollution be prevented and construction activities be controlled.
Article 10 The formulation, examination and approval of the planning for national and provincial scenic spots shall be implemented according to the provisions in the Regulations on Scenic Spots of the State Council.
The planning for the scenic spots of a city or county shall be formulated by the competent scenic spot administrative department of the city divided into districts or the county (city) where the scenic spots locate, submitted to the people's government at the corresponding level for approval and promulgation, and reported to the provincial competent construction administrative department for record.
Article 11 The adjustment or amendment of the planning for a scenic spot shall be reported to the original examination and approval organ for approval.
Article 12 Where a comprehensive planning for a scenic spot is approved, the borders of the scenic spot and its protection zone shall be specified and made known to the public.
Chapter III Construction
Article 13 The scenic spot administration organ shall carry out the construction in compliance with the planning, and actively develop and utilize the scenic spot resources and gradually improve the service facilities and touring conditions according to the financial and physical resources it occupies.
Article 14 Construction not forbidden by laws and regulations within a scenic spot shall be, after being examined by the scenic spot administration organ, be submitted for verification and approval according to the provisions of relevant laws and regulations.
Article 15 The layout, height, size, style and color of a project (including various buildings expanded or renovated) shall be in tune with the surrounding landscape and environment.
Article 16 The construction of industrial projects (including enterprises run by towns, townships and villages), pubic facilities and residential buildings within the scenic spot protection zone shall be in compliance with the requirement in the planning for the scenic spot.
Article 17 The construction of main infrastructure in the scenic spot such as roads, power transmission lines, telecommunication, water supply, drainage system and gas supply facilities shall be incorporate into the construction plans of various departments concerned.
Article 18 The system of use with pay shall be implemented for scenic spot resources. Any unit or individual who benefits from the utilization of scenic spot resources shall pay the scenic spot resources fees to be specially used for the protection and development of the scenic spots. The specific measures on the collection of the fees shall be formulated by the provincial competent construction administrative department in conjunction with the provincial financial and pricing departments, and reported to the provincial people's government for approval and implementation.
Chapter IV Protection
Article 19 Scenic spot resources are the important resources of the State and the precious treasure of the society. It is the important duty of the people's governments at various levels and the responsibility of each citizen to protect the scenic spot resources.
Article 20 No unit or individual may occupy the land in the scenic spots.
Article 21 No facilities damaging the landscape, polluting the environment or obstructing sightseeing may be built in the scenic spots and their protection zones.
In the core area of the scenic spots, no hotels, guesthouses, vacation villages, sanitariums, training centers and other buildings irrelevant to the protection of the scenic spot resources may be built against the scenic spot planning.
No engineering facilities other than the necessary protection facilities may be built around the precious scenes and important scenic spots.
The facilities that have been built within the scenic spots shall be sorted out by the local people's government which shall, according to the different situations, deal with them differently. Those which pollute the environment, damage the scenery and natural landscape and obstruct the sightseeing shall be rectified within a prescribed period of time or gradually moved out; it is not allowed to expand a facility or build a new facility before it is moved out.
For a scenic spot which will be repaired and open to the public as in compliance with the planning, the unit or individual originally uses the scenic spot shall move out of it within a specified time limit after the land transfer or requisition formalities have been gone through, and shall be responsible for the protection of the spot before the move-out.
Article 22 The following activities are forbidden in the scenic spots:
(1) Activities which damage the landscape, vegetation, and topographic and geomorphic features such as cutting into mountains for quarrying, mining, reclaiming wasteland, constructing graves, erecting stone tablets;
(2) Constructing facilities for storing explosive, inflammable, radioactive, toxic and corrosive articles;
(3) Carving or scribbling on scenes or facilities;
(4) Littering.
Article 23 The activities such as setting up or posting commercial advertisement or holding carnivals in the scenic spots, those which change the natural conditions of water resources and water environment or those which affect the ecological balance and landscape shall be examined and verified by the scenic spot administration organ and approved by the relevant competent departments in accordance with the provisions in relevant laws and regulations.
Article 24 Specific measures shall be taken to protect the woods, plants and animals, and natural ecological status of the scenic spots and it is forbidden to hunt various wild animals. No trees can be cut down without the consent of the scenic spot administration organ and the approval of the competent urban affroestation administrative department and the competent forestry administrative department.
Approval shall be obtained from the scenic spot administration department for collecting animal or plant specimen or wild herbal medicine within the scenic spots, and the quantities and varieties of the specimens or herbal medicine to be collected shall be limited.
Article 25 Old and famous trees, ancient architectures, revolutionary sites and cultural relics shall be strictly protected. Name tags shall be hung on them, record shall be made for each of them and specific measures for corrosive, earthquake, flood and lightening protection and pest control shall be taken to ensure their safety.
The Law of the People's Republic of China on the Protection of Cultural Relics shall be implemented for the protection and management of the cultural relics in the scenic spots.
Article 26 Fire protection control shall be strengthened in the scenic spots. It is forbidden to conduct acts endangering safety such as setting off fireworks or firecrackers in the woods.
Chapter V Management
Article 27 All units within the scenic spots shall be subject to the administration of the scenic spot administration organ whenever engaged in the acts concerning the protection, development and utilization of the scenic spots.
Article 28 Businesses and individual peddlers engaged in providing commercial, catering and transportation services for touring in the scenic spots shall, with the approval of the scenic spot administration organ, carry out their operation at the specified places within their scope of business.
Article 29 Healthy touring and entertaining activities publicizing socialism and patriotism and spreading historical, cultural and scientific knowledge shall be held in the scenic spots; visitors shall be guided to obey the public order, protect the scenic spot resources, take care of public property and keep the environment tidy and clean.
Chapter VI Awards and Punishments
Article 30 Units or individuals who meet any one of the following conditions in the work concerning scenic spot protection shall be commended and awarded by the local people's government at or above the county level or the competent scenic spot administrative organ:
(1) making outstanding achievement in the planning, construction, protection and management of the scenic spots;
(2) making great contribution in the survey and scientific research of scenic spot resources;
(3) making great contribution in the implementation of laws and regulations concerning scenic spots and in the fight against the acts destroying the scenic spot resources.
Article 31 Anyone who, in violation of the provisions in Article 14 of these Regulations, engages in the construction activities which are not forbidden in the scenic spots but without the examination and approval of the scenic spot administration organ shall be ordered by the scenic spot administration to stop construction and dismantle the building within a specified time limit, and be fined not less than RMB20,000 yuan but not more than RMB50,000 yuan in case of an individual person, and be fined not less than RMB200,000 yuan but not more than RMB500,000 in case of an enterprise.
Article 32 Anyone who, in violation of the provisions in the second paragraph of Article 21 of these Regulations, constructs hotels, guesthouses, vacation villages, sanitariums, training centers and other buildings irrelevant to the protection of the scenic spot resources shall be ordered by the scenic spot administration organ to stop the illegal act, restore the original state or dismantle the building within a specified time limit, his illegal gains shall be confiscated and he shall concurrently be fined not less than RMB500,000 yuan but not more than RMB1,000,000 yuan.
Article 33 Anyone who, in violation of the provisions in Article 22 of these Regulations, commits any one of the following acts shall be punished by the scenic spot administration organ:
(1) the person who commits the acts which damage the landscape, vegetation, and topographic and geomorphic features in the scenic spots such as cutting into mountains for quarrying and mining, or constructs facilities for storing explosive, inflammable, radioactive, toxic and corrosive articles shall be ordered to stop the illegal acts, restore the original state or dismantle the facilities within a specified time limit, his illegal gains shall be confiscated and he shall concurrently be fined not less than RMB500,000 yuan but not more than RMB1,000,000 yuan;
(2) the person who commits the acts which damage the landscape, vegetation, and topographic and geomorphic features in the scenic spots such as reclaiming wasteland, constructing graves and erecting stone tablets shall be ordered to stop the illegal acts and restore the original state within a specified time limit or to take other remedial measures, his illegal gains shall be confiscated and he shall concurrently be fined not less than RMB1,000 yuan but not more than RMB10,000 yuan;
(3) the person who carves or scribbles on scenes or facilities or litters in the scenic spots shall be ordered to restore the original state or take other remedial measures, and be fined RMB50 yuan.
Article 34 Anyone who, in violation of the provisions in Article 23 of these Regulations, commits acts such as setting up or posting commercial advertisement or holding carnivals in the scenic spots, acts changing the natural conditions of water resources and water environment or acts affecting the ecological balance and landscape without prior examination and verification of the scenic spot administration organ shall be ordered to stop the illegal acts, restore the original state within a specified time limit or take other remedial measures, his illegal gains shall be confiscated and he shall concurrently be fined not less than RMB50,000 yuan but not more than RMB100,000 yuan; where the case is serious, he shall be fined not less than RMB100,000 yuan but not more than RMB200,000 yuan.
Chapter VII Supplementary Provisions
Article 35 These Regulations shall enter into effect at the day they are promulgated.
The Interim Regulations of Jiangsu Province on Scenic Spot Protection adopted at the fourteenth meeting of the standing committee of the Fifth People's Congress of Jiangsu Province on May 30, 1982 shall be repealed at the same time.