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第218号 广东省生态景观林带建设管理办法
来源:广东省司法厅      发布时间:2019-04-28 16:58   

  Decree of the People’s Government of Guangdong Province

  No. 218


  The Measures of Guangdong Province for the Construction of Ecological Landscape Forest Belts adopted at the Fifty-ninth Executive Meeting of the Twelfth Session of the People’s Government of Guangdong Province on October 21, 2015, are hereby promulgated and shall become effective as of February 1, 2016.

  Governor

  Zhu Xiaodan

  December 10, 2015


       Measures of Guangdong Province on the Construction of Ecological Landscape Forest Belts


Article 1

These Measures are formulated for the purposes of regulating the construction of ecological landscape forest belts and strengthening the management of ecological landscape forest belts in accordance with such laws and regulations as theForestry Law of the People’s Republic of China and Regulations of Guangdong Province on Forest Protectionand in light of the actual situation of this Province.

Article 2

These Measures shall apply to the construction and management of ecological landscape forest belts within the administrative region of this Province.

Article 3

For the purpose of these Measures, the term “ecological landscape forest belts” means forest belts with ecological protection and ornamental functions, which are planned and constructed within a certain range along both sides of rivers, along coastlines and main traffic lines.

The exact scope of ecological landscape forest belts shall be determined in accordance with the development plans of ecological landscape forest belts.

Article 4 

The construction and management of ecological landscape forest belts shall follow the following principles:

(1) Government guidance and non-governmental entities contribution;

(2) Adapting to local conditions and highlighting local features;

(3) Integrating resources and promoting optimization;

(4) Planning on an overall and strategic scale and strengthening management.

Article 5 

The provincial people’s government shall be responsible for the overall construction and management of ecological landscape forest across this Province.

The people’s governments at the county or prefecture level are the subjects of responsibility for the construction and management of ecological landscape forest belts, which shall be responsible for the land supply and financing of ecological landscape forest belts, establishing a joint work mechanism, under which relevant governmental departments, township governments, and villagers’ committees jointly participate in the management of ecological landscape forest belts.

Citizens, legal persons and other organizations are encouraged to participate in the construction and management of ecological landscape forest belts, and to adopt sections and individual trees in the ecological landscape forest belts.

Article 6 

The provincial afforestation committee shall be responsible for guiding, coordinating and supervising the construction and management of ecological landscape forest belts in this Province.

The afforestation committees established by people’s governments at the county or prefecture level shall be responsible for guiding and coordinating the construction and management of ecological landscape forest belts within their respective administrative regions.

Article 7

The administrative departments of forestry shall be responsible for the construction and management of ecological landscape forest belts on forestry land.

The administrative departments of water conservancy shall be responsible for the construction and management of ecological landscape forest belts within the scope of water conservancy projects.

The administrative departments of land shall be responsible for the reforestation of abandoned mines and quarries within ecological landscape forest belts.

The highway administrative authorities and the railway regulatory authorities shall be responsible for the construction and management of ecological landscape forest belts on the land designated for the construction of highways and railways.

Article 8

The provincial afforestation committee shall formulate development plans for ecological landscape forest belts of this Province, and shall solicit opinions from relevant provincial departments and the people’s governments above the prefecture level, and submit such plans to the provincial people’s government for examination and approval.

People’s governments at the county or prefecture level shall, in light of the overall plans of this Province for ecological landscape forest belts and specific local conditions, formulate and implement their respective local development plans for ecological landscape forest belts.

The development plans for ecological landscape forest belts shall be disclosed to the public.

Article 9

The development plans for ecological landscape forest belts shall not be changed without proper authorization. Where such a change is necessary, the total length and surface area of ecological landscape forest belts affected by such a change shall not be reduced, and such a change shall be carried out with reference to the procedures for the formulation and review of the development plans.

Article 10 

The administrative departments of forestry and other relevant departments shall designate units for the conservation and management of ecological landscape forest belts and sign management and conservation responsibility agreement with such units.

The conservation and management units of ecological landscape forest belts shall implement relevant management and protection measures, timely carry out such conservation and management tasks as weeding, cutting, scarification, hole expansion, drainage and fertilizer management, and ensure the overall effect of ecological landscape forest belts.

Article 11

The management and conservation units of ecological landscape forest belts shall establish forest fire prevention and safety inspection system, and employ forest rangers.

The forest rangers shall patrol the ecological landscape forest belts, timely stop such misconduct as unauthorized use of fire and destruction of ecological landscape forest felts, and report to the competent local administrative departments of forestry.

Article 12

The occupation and expropriation of the forest land for ecological landscape forest belts shall be strictly controlled. Where it is necessary to occupy or expropriate an ecological landscape forest belt for the benefit of a construction project, the procedures of occupation and expropriation must be properly completed.

Article 13

Where it is necessary to renew, carry out intermediate cutting or digging of trees in ecological landscape forest belts, such renewal, intermediate cutting or digging must follow the procedures prescribed by the state, and abide by the operating procedures forest logging.

Article 14 

To the extent of the total control quota of the area of ecological public interest forest at or above the provincial level, the ecological landscape forest belts developed on forest land shall be given priority in into the ecological public interest forest at the provincial level above in accordance with law.

The ecological landscape forest belts developed on land lots designated for other purposes shall be governed by relevant laws and regulations applicable to such land lots.

Article 15

The planning and construction of ecological landscape forest belts shall be subject to proper respect for the will of the forest property right holders and shall protect the legitimate rights and interests of such forest property right holders.

Where an ecological landscape forest belt is incorporated into the ecological public interest forest, proper compensation shall be offered to the owner of the forest property right to such forest belt in accordance with law.

Article 16

The administrative departments of forestry shall strengthen the supervision and inspection of the construction and management of ecological landscape forest belts and report their annual check and inspection results to the people’s government at the corresponding level.

The construction and management of ecological landscape forest belts shall be incorporated into the assessment of the responsibility system of forest resources protection and development.

Article 17

Unauthorized use of fire or destruction of ecological landscape forest belts shall be punished in accordance with the provisions of such laws and regulations as the Forestry Law of the People’s Republic of China and the Regulations on Forest Fire Prevention.

Article 18 

Where a management and conservation unit of ecological landscape forest belts fails to implement the conservation and management measures in accordance with the provisions of these Measures, the competent authority concerned shall order such unit to make corrections within the prescribed time limit. If the unit fails to make corrections within the time limit, such unit shall be subject to a fine of more than 1,000 yuan but less than 10,000 yuan. If such failure causes any loss, such unit shall be held liable for compensation in accordance with law.

Article 19

Where an administrative department of forestry or its staff member commits abuse of power, dereliction of duty, or commits illegalities for personal gains or by fraudulent means in the construction and management of ecological landscape forest belts, such department or staff member thereof shall be punished by the competent personnel authority or the supervisory organ in accordance with law. Where such department or staff member is suspected of committing a criminal offense, they shall be referred to the competent judiciary for investigating the criminal liability in accordance with law.

Article 20 

These Measures shall become effective as of February 1, 2016.