Regulations of Shanghai Municipality on Greening Work

 2018-10-23  342


(Adopted at the 33rd Session of the Standing Committee of the 12th Shanghai Municipal People's Congress on January 17, 2007; amended in accordance with the Decision on Revising the Regulations of Shanghai Municipality on Greening Work adopted at the 22nd Session of the Standing Committee of the 14th Shanghai Municipal People's Congress on July 23, 2015)

 

Chapter I  General Provisions

 

Article 1

With a view to promoting the development of this Municipality's greening undertaking, improving and protecting the ecological environment, these Regulations are formulated in accordance with the State Council's Regulations on the Urban Greening and other relevant laws and administrative regulations, and in the light of the actual circumstances of this Municipality.

Article 2

These Regulations apply to planning, construction, protection and administration of the greening work such as planting, growing and maintaining trees, grass and flowers in this Municipality's administrative areas.

The administration of ancient and famous trees and their subsequent resources shall follow the provisions set out in the Regulations of Shanghai Municipality on the Protection of Ancient and Famous Trees and Their Subsequent Resources; the administration of woodland and forest trees shall follow the provisions of relevant laws and regulations.

Article 3

The municipal, district and county people's governments shall include the greening construction in the national economic and social development plan, and guarantee the fund input in the construction and maintenance of public green lungs.

Town/township people's governments and sub-district offices shall, in accordance with the requirements of the people's governments in the locality of their districts and county, carry out the relevant greening work within their jurisdiction.

Article 4

The greening administrative department under the Municipal People's Government (hereinafter referred to as MGAD) takes charge of the greening work in this Municipality's administrative areas while the district/county greening administrative departments (hereinafter referred to as district/county GAD) takes the charge of the greening work in their respective jurisdiction, carry out administrative license and administrative punishment according to the provisions of these Regulations and submit themselves to the professional guidance of the MGAD.

Other relevant departments of this Municipality shall, according to their respective functions and duties, coordinate in implementing these Regulations.

Article 5

The municipal, district, county, sub-district and town/township greening committees shall organize and promote the drive for all people's voluntary tree-planting activity and the mass greening work.

Every unit and every citizen of the right age with laboring capacity shall discharge the obligation of planting trees according to relevant state provision.

Every unit and every individual person are encouraged to take part in the greening construction and maintenance in the form of investment, donation or adoption. The unit or individual person that makes donation or adoption may enjoy the right to have its or his/her name used as the title of the green lungs or tree for a certain period of time.

Article 6

This Municipality strengthens the scientific research on greening, preserves the diversity of plants, and encourages the selected propagation and introduction of plants that fit in with this city's natural conditions, optimizes the plant allocation, popularizes the techniques of preventing and wiping out plant diseases and insect pests, and promotes the transformation of the scientific and technological achievements in the greening work.

Article 7

Every unit and every individual person enjoy the right to a good greening environment, have the obligation to protect greening and greening facilities, and have the right to dissuade, lodge complaints about and report on any act of destroying greening and greening facilities.

People's governments at all levels shall commend or reward the units and individual persons that make remarkable achievements in the greening work.

 

Chapter II  Planning and Construction

 

    Article 8

    The MGAD shall, according to the situation of the economic and social development and the needs of the greening development of this Municipality, work out the municipal systematic greening planning that is brought into the overall plan of the city after being comprehensively balanced by the municipal planning administrative department, and approved by the Municipal People's Government.

    The district/county GAD shall, according to the municipal systematic greening planning, and in the light of the actual circumstances of the district/county itself, work out the district/county greening planning, and submit it to the district/county people's government for approval after it is comprehensively balanced by the district/county planning administrative departments; the district/county people's government shall solicit opinions of the MGAD before giving approval.

    Article 9

    The municipal systematic greening planning shall define the greening targets, the layout of planning, the area and control principle of various green lungs in this Municipality.

    The district/county greening planning shall define the functional forms of various green lungs, the phased construction plans and the construction standards.

    In working out and adjusting the municipal systematic greening planning and the district/county greening planning, relevant departments shall, before submitting them for approval, adopt various forms to solicit opinions of the interest-related public.

    Article 10

    The planning administrative departments shall, jointly with the greening administrative departments at the same level, and on the basis of the formulated regulatory unit plan, the municipal systematic greening planning and the district/county greening planning, determine the control line of various green lungs (hereinafter referred to as the green line), and make it known to the public.

    The green line shall not be adjusted arbitrarily. Where an adjustment really needs to be made owing to the urban construction, the planning administrative department shall solicit opinions of the MGAD, and, in accordance with the competence for the examination and approval of the planning, submit the case to the original examination organ for approval.

    Any adjustment of the green line shall not reduce the total area of the planned green lungs. Where the planned green lungs are reduced owing to the adjustment of the green line, new planned green lungs shall be constructed.

    Article 11

    Newly-built construction projects on the periphery of public green lungs shall be in tune with the landscape of the green lungs, and shall not influence the normal growth of plants.

    When working out the detailed control planning, the planning administrative departments shall, jointly with the greening administrative department at the same level, delimit the control area of certain extent on the periphery of public parks and green lungs. Within the control area, it is forbidden to construct buildings and structures exceeding the provided height. The specific administration procedures shall be separately formulated by the municipal planning administrative department jointly with the MGAD.

    Article 12

    For the newly-built construction projects in main areas and on both sides of major landscape roads, concentrated green lungs of certain proportion and width shall be set up on one side of the construction project along the roads. The specific proportion and width shall be determined by the planning administrative department when it examines and checks the planning design scheme of the construction project after soliciting opinions of the greening administrative department at the same level.

    Article 13

    The greening in residential quarters shall be rationally laid out, select and use suitable species of plants and give overall consideration to the requirements of living environment and lighting, ventilation and safety.

Article 14

The division of work with individual responsibility for the construction of green lungs in this Municipality shall comply with the following provisions:

1. The public green lungs shall be constructed or organized for construction by the MGAD or the district/county GAD, among which the green lungs along roads shall be constructed by the public works administrative department;

2. The green lungs in newly built residential quarters shall be constructed by the development unit;

3. The green lungs attached to the units shall be constructed by the units; and

4. The shelter green lungs within the scope of railway and river course administration shall be constructed by the railway and water affairs administrative departments.

With respect to the green lungs other than those provided in the preceding clause, the local district/county people's government shall determine the development unit.

Article 15

The proportion of the green area of a construction project to the total construction area in the auxiliary greening shall reach the following standards:

1. The population of the green area in a newly built residential quarter to the total area of the residential quarter shall not be less than 35 per cent, with the area of concentrated green lungs accounting for not less than 10 per cent of the total area of the residential quarter; the green area of a residential quarter renovated or expanded by blocks according to the planning shall not be less than 25 per cent of the total area of the residential quarter.

2. The green area attached to a newly built school, hospital, sanatorium, or public cultural facilities shall not be less than 35 per cent of the total area of the unit concerned while a contagious disease hospital shall build shelter green lungs not less than 50 meters wide in addition.

3. The total green area attached to a newly built industrial park shall not be less than 20 per cent of the total area of the industrial park, with the specific proportion of green area of every project in the industrial park to be determined by the industrial park administrative organ; the green area attached to the newly built industrial project, and transport hub and warehousing projects outside the industrial park shall not be less than 20 per cent of the total project area; the green area attached to a newly built project of producing toxic and harmful gas shall not be less than 30 per cent of the total area of the industrial project, with a shelter green area not less than 50 meters wide to be built in addition.

4. The green area within the red line of a newly built ground trunk road shall not be less than 20 per cent of the total road area; the green area within the red line of other ground roads shall not be less than 15 per cent of the total road area.

5. The width of the shelter green area on both sides of a newly built railway shall conform with relevant State provisions.

6. The lowest proportion of the green area of every other construction project to the total construction area shall be set by the MGAD by reference to the above-said provisions.

When construction activity is carried out in the historical culture protection zone and within the excellent historical architecture protection area, the original green area shall not be reduced.

This Municipality's relevant administrative departments, when examining and approving the plan, design scheme and construction project planning permit of a construction project, shall follow the provisions set out in the preceding two clauses of this article. Where the green area of a construction project fails to satisfy the provisions in the preceding two clauses really owing to the restriction of conditions, the planning administrative department, when examining and approving the planning permit for the construction project, shall solicit opinions from the district/county GAD; the development unit shall pay greening make-up fees to the district/county GAD according to the shortage of green area. The greening make-up fees shall be turned over to the public finance at the same level and earmarked for the special use by the district/county GAD in arranging for greening construction in the district or county where the construction projected is located.

Article 16

Shade trees shall be planted when a road is newly built or extended. The planting of shade trees shall comply with the requirements of driving sight line, driving clearance and pedestrian passage.

Suitable tree species shall be selected for shade trees with a girth of not less than eight centimeters

Article 17

For this Municipality's newly constructed public buildings and the existing public buildings in urban area to be reconstructed or extended, greening work shall be done for those whose roof is flat and not beyond 50 meters, and the specific greening proportion shall be decided by the Municipal People's Government.

 The stereoscopic greening shall be carried out to the piers and sound barrier equipment of newly built expressways, track traffics, clover leaves, pedestrian overpasses and such public utilities as road fences (isolated columns), retaining walls, flood prevention walls, trash bin houses and such municipal public facilities in urban area, new cities, central towns and such urbanized areas as independent industrial areas, and economic development areas.

This Municipality's planning and construction management departments shall refer to the previous two items while examining the design scheme and construction design documents of the above-mentioned construction projects.

Various types of stereoscopic greening are encouraged to be carried out in this Municipality's industrial buildings, residential buildings and buildings other than that provided in Clause one which are suitable for stereoscopic greening.

Supportive policies for stereoscopic greening shall be made in this Municipality to support the development thereof.

Article 18

The design, construction and supervision of a greening project shall comply with the technical standards and norms set by the State and this Municipality and shall be undertaken by a unit with corresponding qualification.

Article 19

In respect of the following greening construction projects, the design and construction units shall be determined through public biddings and in the principle of openness, fairness and justice, and the supervision system shall be executed:

1. greening construction projects of large-scale infrastructure that have a bearing on social public interest and public security;

2. greening construction projects wholly or partially invested with state-owned assets or financed by the State;

3. greening construction projects with loans or financial aids extended by international organizations or foreign governments; and

4. other greening construction projects as provided by the law or the State Council.

Article 20

Prior to the start of construction of a greening project, the development unit shall apply to the construction project administrative organ for a construction permit.

The MGAD or the district/county GAD, when organizing the construction of public green lungs, shall organize experts to conduct argumentation on the design plan and solicit social public opinions. Meanwhile, when public green lungs of over 40,000 square meters are to be constructed, corresponding public service facilities shall be allocated.

The Auxiliary greening and stereoscopic greening of a construction development project shall be completed simultaneously with the principal part of the project. In case that the auxiliary greening can鈥檛 be completed simultaneously for seasonal reason, the greening shall be completed no later than six months from the date of delivery of the principal part of the project for use.

Prior to the acceptance of a greening project upon its completion, the development unit shall remove the temporary facilities in the green lungs.

Article 21

The development unit of a greening project shall, according to relevant provision set by the State and this Municipality, go through the project quality and safety supervision formalities with the municipal construction project quality supervision organ.

Prior to the start of construction of a greening project, the development unit shall file the contracts of design, construction and supervision together with the working site-plan and the detailed list of project items with the MGAD for record.

Article 22

Upon completion of a construction project of public green lungs, the MGAD or the district/county GAD shall organize the acceptance check, and the green lungs shall be delivered for use only after passing the acceptance check.

In respect of a construction project with auxiliary greening and stereoscopic greening, the unit that organizes the acceptance check upon completion of the construction project shall notify the MGAD or the district/county GAD to participate in the acceptance check. The development unit shall, within 15 workdays from the date of passing the acceptance check, submit the acceptance map of auxiliary greening and stereoscopic greening, and the acceptance check result to the MGAD or the district/county GAD.

 

Chapter III  Supervision and Administration

 

Article 23

The maintaining unit of green lungs and shade trees shall be determined according to the following provisions:

1. Public green lungs and shade trees shall be maintained by the MGAD or the district/county GAD or by its appointed unit;

2. The green lungs in a residential quarter shall be maintained by the property management enterprise entrusted by proprietors or the proprietors;

3. The green lungs attached to a unit shall be maintained by the unit;

4. The shelter green lungs within the administration scope of railways and river course shall be maintained by the railway and water affairs administrative departments respectively.

In respect of the green lungs other than those provided in the preceding clause, the local district/county GAD shall determine the maintaining unit.

In respect of the trees reserved in the area of a construction project, the development unit shall be responsible for the maintenance thereof during the construction period.

The stereoscopic greening shall be maintained by the property right units of the building or structure it attached.

The maintaining unit shall conduct the maintenance according to the technical standards for the maintenance of green lungs, shade trees and stereoscopic greening set by the State and this Municipality.

Article 24

Where the public green lungs and shade trees are maintained wholly or partly with the State fund, the maintaining unit shall be determined through public biddings.

Article 25

The maintaining unit shall, according to the growth condition of trees, conduct regular pruning in compliance with the technical norms for the tree pruning as set by the State and this Municipality.

When the natural growth of the trees affects the safety of public facilities such as pipelines and traffic facilities, the managing unit of pipelines or traffic facilities may request the district/county GAD to do the pruning. The district/county GAD shall, according to the principle of giving consideration to both the safe use of facilities and the normal growth of the trees, organize the pruning.

In the event that natural disaster or any contingency causes the tree(s) to affect the safety of the overhead transmission line, the unit with the ownership of the overhead transmission line may prune the tree(s) first or take other handling measures and report to the local district/county GAD at the same time.

When the national growth of the trees in a residential quarter affects residents   day-lighting, ventilation or living safety, the residents may request the pruning, and the maintaining unit shall opportunely organize the pruning according to relevant provisions.

Article 26

The development unit, when newly constructing the following pipelines and facilities or planting new trees, shall comply with the following provisions:

1. The peripherals of the underground pipelines shall not be less than 0.95 meters horizontally from those of the shade tree trunk; and

2. The electric pole and fire apparatus to be set up shall not be less than 1.5 meters horizontally from the peripherals of the shade tree trunk.

Where underground facilities are constructed in newly built green lungs or in the planned greenery area, it is necessary to reserve above the upper edge of the underground facilities a covering soil layer suitable for plant growth in compliance with relevant technical norms set by the State and this Municipality.

Article 27

The removal of the trees without authorization is prohibited.

Where any trees really need to be removed for the following reasons, the development or maintaining unit or the proprietor shall make an application to the MGAD or the district/county GAD:

1. owing to needs of the urban construction;

2. residents   day-lighting, ventilation and living safety are severely affected; and

3. the trees pose a threat to personal safety or other facilities;

Article 28

The development or maintaining unit, when making an application for the removal of the trees, shall submit the following materials:

1. Materials on the species, quantity, specifications and location of the trees to be removed and the owner's opinions. In respect of the trees to be removed for a construction project, related land-use approval documents and official written reply on the preliminary expansion design shall be submitted in addition; where trees are to be removed for road broadening, the road red-line map and the comprehensive pipeline sectional drawing shall be provided as well.

2. The tree-removing plan and technical measures.

In case of removal of the following trees, application shall be made to the MGAD:

       1. the tree with a girth of over 25 centimeters on public green lungs and the tree with a girth of over 45 centimeters on other green lungs; and

       2. more than ten shade trees.

       For the removal of the trees other than those provided in the preceding clause, an application shall be made with the district/county GAD.

       The MGAD or district/county GAD shall, within 15 workdays from the date of accepting the application, make an examination and approval decision; in case of rejection, an explanation shall be given in writing.

       The removal of the trees within the railway and river course administration scope shall be examined and approved by the railway and water affairs administrative departments respectively according to provisions. In case of approval after examination, the railway and water affairs administrative departments shall notify the MGAD about the approval of the tree removal.

       The tree removal shall be conducted by the unit with corresponding construction qualification, and the construction unit shall conduct the removal in the season suitable for the tree growth and according to the technical rules on transplanting. In case the trees fail to survive within a year after being removed, the development or maintaining unit shall replant corresponding trees.

       Article 29

The felling of the trees without authorization is prohibited.

       When the trees really need to be felled for following reasons, the maintaining unit shall make an application with the MGAD or the district/county GAD:

       1. severely affecting residents day-lighting, ventilation and living safety and besides, the trees are not worth removing;

       2. posing a threat to personal safety or other facilities and besides, the trees are not worth removing;

       3. occurrence of insect pests of a pestilent nature; or

       4. owing to the needs of the growth and cultivation of trees, and besides, the trees are not worth removing.

       Article 30

The maintaining unit, when applying for the felling of trees, shall submit the following materials:

       1. the species, quantity, specifications and location of the tree(s) to be felled and the owner's opinions: and

       2. the tree replanting plan or remedial measures.

       For the felling of the following trees, an application shall be made with the MGAD:

       1. the tree(s) on public green lungs and the shade tree (s); and

       2. over 10 trees or the trees with a girth of over 25 centimeters on other green lungs.

       For the felling of tree(s) other than those provided in the preceding clause, an application shall be made with the district/county GAD.

       The MGAD or the district/county GAD shall, within 15 workdays from the date of accepting the application, make an examination and approval decision; in case of rejection, an explanation shall be given in writing.

       The felling of the tree(s) in the railway area shall be examined and approved by the railway administrative department according to provisions.

       Where the felling is approved, the applicant shall replant trees or take other remedial measures.

       Article 31

Where the temporary use of green lungs is needed owing to the urban construction, an application shall be made to the district/county GAD.

The district/county GAD shall, within 15 workdays from the date of accepting the application, make an examination and approval decision; in case of rejection, an explanation in writing shall be given.

The term of the temporary use of green lungs shall generally not exceed one year; in case of an extension being really needed owing to the construction, the extension formalities shall be completed with the longest extension not to exceed one year. Upon the expiration of the term, the user unit shall restore the green lungs.

       When the tree removal is needed for the temporary use of green lungs, the user unit shall bring up the issue in its application for the temporary use of green lungs.

       For the temporary use of green lungs, compensation fees shall be paid to the MGAD or the district/county GAD. Such fees shall be turned over to the public finance at the same level and used exclusively for the greening construction, maintenance and administration.

       Article 32

No green lungs already built shall be occupied without authorization. In case of a real need for occupation owing to the urban planning adjustment or urban infrastructure construction, an application shall be made with the MGAD, and the green lungs area to be occupied, compensation measures, topographic map, owner's opinions, related land use approval documents and preliminary expansion design shall be submitted as well. Where green lungs are to be occupied for road broadening, the road red-line map and comprehensive pipeline sectional drawing shall be provided as well.

       The MGAD or the district/county GAD shall, within 20 workdays from the date of accepting the application, make an examination and approval decision; in case of rejection, an explanation shall be given in writing.

       Where public green lungs are occupied, supplementary green lungs with a corresponding area shall be constructed on the periphery of the occupied green lungs; where there really do not exist the conditions for supplementary construction, greening compensation fees and green lungs relocation compensation fees shall be paid to the MGAD. Such fees shall be turned over to the public finance at the municipal level and used exclusively for greening construction, maintenance and administration.

       Article 33

Where the internal layout of the public green lungs already built is adjusted, the original green area shall not be reduced and buildings or structures shall not be added without authorization. Where there is a real need to adjust the internal layout of the public green lungs already built and to add buildings and structures, the requirements of the urban planning and related design norms shall be met and prior consent shall be obtained from the MGAD.

       Where the internal layout of other green lungs already built is adjusted, the green area after adjustment shall not be less than the original green area.

Article 34

The existing stereoscopic greening on public buildings and municipal public facilities shall not be occupied or dismantled, except that the public buildings and municipal public facilities are reconstructed, extended, repaired or dismantled.

After the reconstruction, extension or repair of public buildings and municipal public facilities are completed, the dismantled stereoscopic greening shall be restored.

       Article 35

In respect of the following items, the construction unit shall set up on the spot a billboard to make them known to the public:

       1. removal or felling of trees;

       2. temporary use or occupation of green lungs; and

       3. adjustment of the internal layout of the green lungs already built.

       Article 36

The MGAD or the district/county GAD shall establish a monitoring and forecast network for the epidemic situation of greening pest organism, prepare an emergency preplan for disasters and amplify the early warning, prevention and control system of pest organism.

       The quarantine of greening plants and the administration thereof shall be conducted by the forest plant quarantine organ according to the laws and regulations concerning the forest plant quarantine.

       Article 37

The following acts of damaging greening and greening facilities are banned:

       1. stealing, treading on or damaging trees, grass and flowers;

       2. making use of the trees as the support or fixture, and hanging billboards on the trees;

3. dumping trash or harmful waste dregs or water, stacking odds and ends by the trees or in green lungs;

4. setting up advertisements, erecting buildings and structures in green lungs without authorization;

5. extracting earth, burning in green lungs; and

6. other acts of damaging greening or greening facilities.

Article 38

The MGAD and the district/county GAD shall enhance the survey, monitoring and control of greening resources, establish a city-wide greening administration information system, publish information about the greening construction, maintenance and administration.

The departments of real estate, public works and water affairs and other relevant departments as well as the railway department shall provide the greening administration information system with greening-related information.

Article 39

The departments of finance and auditing and other relevant departments shall enhance the supervision and administration over the use of funds for the construction and maintenance of public green lungs.

The MGAD and the district/county GAD shall strengthen the supervision and inspection over the greening construction and maintenance, handling in time complaints and tip-offs about the acts of damaging greening and greening facilities.

Units or individual persons under inspection shall faithfully reflect the situation and provide material relating to the inspection content, and shall not employ trickery, conceal facts, resist or obstruct the administrator in conducting inspection.

 

Chapter IV  Legal Liability

 

Article 40

The development unit that fails to carry out the greening construction according to the requirements set by the planning permit of the construction project, in violation of Clause 1 of Article 15 or Clause 1 and 2 of Article 17 of these Regulations, shall be handled by the planning administrative departments according to relevant provisions.

Article 41

The development unit that fails to complete the auxiliary greening construction with a development project, in violation of the provision of Clause 3 of Article 20 of these Regulations, shall be ordered to make corrections within a prescribed time limit by the MGAD or the district/county GAD; if no corrections are made within the prescribed time limit, a fine of one to three times the budgeted cost of the construction of incomplete green area shall be imposed.

Those who, prior to the acceptance check made upon the completion of a greening project, fails to remove temporary facilities in violation of the provision of Clause 4 of Article 20 of these Regulations, shall be ordered to make corrections within a prescribed time limit by the MGAD or the district/county GAD; if no corrections are made within the prescribed time limit, the MGAD or the district/county GAD shall organize the demolition with the necessary expenses to be borne by the construction unit.

Article 42

The maintaining unit that fails to conduct maintenance according to the technical standards of maintenance, in violation of the provision of Clause 5 of Article 23 of these Regulations, shall be ordered to make corrections within a prescribed time limit by the MGAD or the district/county GAD; if no corrections are made within the prescribed time limit, a fine of not less than 2,000 yuan but not more than 20,000 shall be imposed.

Article 43

Anyone who removes the trees without authorization, in violation of the provision of Clause 1 of Article 27 of these Regulations, shall be ordered to make corrections within a prescribed time limit by the MGAD or the district/county GAD, and a fine of three to five times the compensation standards for greening shall be imposed.

Anyone who fells trees without authorization, in violation of the provision of Clause 1 0f Article 29 of these Regulations, shall be penalized with a fine of five to ten times the compensation standards for greening by the MGAD or the district/county GAD.

The development unit or maintaining unit that fails to replant corresponding trees or take other remedial measures according to relevant provisions, in violation of the provision of Clause 6 of Article 28 or Clause 6 of Article 30 of these Regulations, shall be ordered to make corrections within a prescribed time limit by the MGAD or the district/county GAD; if no corrections are made within the prescribed time limit, a fine shall be imposed respectively according to the provision on the arbitrary tree removal and the provision on the arbitrary tree felling.

Article 44

Anyone who temporarily uses green lungs, in violation of the provision of Article 31 of these Regulations, shall be ordered to make corrections within a prescribed time limit by the MGAD or the district/county GAD, and a fine of not less than 10 yuan but not more than 30 yuan per square meter per day shall be imposed for temporary use of green lungs.

Anyone who occupies green lungs without authorization, in violation of the provision of Article 32 of these Regulations, shall be ordered to make corrections within a prescribed time limit by the MGAD or the district/county GAD, and a fine of not less than 500 yuan but not more than 2,000 yuan shall be imposed for each square meter of the green lungs occupied.

Anyone who adjusts the internal layout of the green lungs already built and reduces the original green area, in violation of the provision of Article 33 of these Regulations, shall be handled by the MGAD or the district/county GAD according to the provision in the preceding clause.

Anyone who occupies, dismantles the stereoscopic greening or fails to restore the original stereoscopic greening, in violation of the provision of Article 34 of these Regulations, shall be ordered to make corrections within a prescribed time limit by the MGAD or the district/county GAD, and a fine of not less than 500 yuan but not more than 2,000 yuan shall be imposed for each square meter of the stereoscopic greening occupied or dismantled.

Article 45

Anyone who damages greening or greening facilities, in violation of the provision of Article 37 of these Regulations, shall be ordered to make corrections within a prescribed time limit by the MGAD or the district/county GAD, a fine of three to five times the compensation standards for greening or greening facilities shall be imposed.

Article 46

Anyone who violates the provisions of Article 18, Article 19 and Clause 1 of Article 20 of these Regulations, shall be handled by the competent construction administrative department according to provisions of relevant laws and regulations.

Article 47

Any decision made by the MGAD in violation of the provisions of these regulations, shall be ordered by the Municipal People's Government to be corrected or any decision made by the district/county GAD in violation of the provisions of these regulations shall be ordered to make corrections by the MGAD, or be ordered to make corrections or to repeal by the district/county people's government.

Article 48

Any staff member of the MGAD, district/county GAD or other relevant administrative departments who violates the provisions of these Regulations by committing one of the following acts shall be given administrative sanction according to law by his/her own unit or the superior competent administrative department; if the wrongful act constitutes a crime, the wrongdoer shall be prosecuted for criminal liability as provided by law:

1. failing to investigate and handle, covering up or conniving at illegal acts in greening;

2. failing to perform the duties and functions, thereby causing grave consequences; and

3. other acts such as neglecting the duties, abusing the power, and practicing favoritism and irregularities.

 

Chapter V  Supplementary Provisions

 

Article 49

The green lungs mentioned in these Regulations refer to public green lungs, green lungs attached to the units, green lungs in residential quarters, and shelter green lungs.

The public green lungs mentioned in these Regulations refer to the green lungs in parks, roadside green lungs and road green lungs.

The green lungs attached to the units mentioned in these Regulations refer to the green lungs in the areas of government organs, enterprises and public institutions, social organizations, troops and schools.

The green lungs of the residential quarter mentioned in these Regulations refer to the green lungs in the area of the residential quarter.

The shelter green lungs mentioned in these Regulations refer to the urban green lungs with the functions of hygienic segregation and safety protection.

The greening facilities mentioned in these Regulations refer to various structures in the green lungs set up for people to tour, enjoy the sight and take a rest, and various auxiliary facilities used for the greening maintenance and administration.

The stereoscopic greening mentioned in these Regulations is the general term referring to the way of greening by using buildings or structures as the carriers, and using plants as the greening materials in the forms of roof greening, vertical greening, edge greening and shelf greening.

Article 50

These Regulations shall be effective as of May 1, 2007. The Regulations of Shanghai Municipality on the Administration of Tree Planting, Afforestation and Greening adopted at the 25th Session of the Standing Committee of the 8th Shanghai Municipal People's Congress on January 8, 1987 shall be repealed at the same time.