Regulations on the Protection and Management of Geological Heritages

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Regulations on the Protection and Management of Geological Heritages

[Document Number]: No.21

[Issuing Authority]: Ministry of Geology and Mineral Resources

[Issuance Date]: May 4 1995

[Implementation Date]: May 4 1995

(Promulgated by Order No.21 of the Ministry of Geology and Mineral Resources issued on May 4 1995)

Chapter I General Provisions

Article 1 In order to strengthen the management of geological heritage for effective protection and reasonable utilization these Regulations were formulated based on the Environmental Protection Law of the People's Republic of China Mineral Resources Law of the People's Republic of China and Regulations of the People's Republic of China on Nature Reserves.

Article 2 These Regulations are applicable to all types of geological heritage within the territory and territorial seas of the People's Republic of China.

Article 3 The term "geological heritage" stated in these Regulations refers to natural precious and non-renewable geological heritage formed and developed from internal and external dynamic geological processes that took place over the Earth's prolonged geological history.

Article 4 The protected geological heritages are valuable heritages of the nation and no organization or individual shall damage excavate purchase sell or use other methods to transfer these heritages.

Article 5 Protection of geological heritage is a part of environment protection and should adopt the "active protection reasonable development" principle.

Article 6 The State Council's competent administrative department of geology and mineral resources monitors and manages the protection of geological heritages across the whole country with assistance from the State Council's competent administrative department for environment protection. Competent administrative department of geology and mineral resources of a people's government at or above the county level shall monitor and manage the protection of geological heritages within its jurisdiction with assistance from the competent administrative department for environment protection at the same level.

 

Chapter II Contents in the Protection of Geological heritage

Article 7 The following geological heritages shall receive protection:

i) Typical stratotype sections (including parastratotype sections) and stratigraphic sections of fossil assemblage zone that is highly valuable to scientific research on geological history lithology and lithofacies construction sections and typical geological structure sections and structural features.

ii) Paleoanthropological fossils vertebrate fossils palaeoin vertebrates fossils microfossils and ancient plant fossils with important scientific and cultural values in the study of geological evolution and biological evolution their site of origin and important ruins of ancient organism activities.

iii) Karst danxia landform loess yardang granite peak quartz sandstone peak forest volcano ice mountain meteorite singing sand sea coast and other unique geological sights with major scientific research and aesthetic value.

iv) Rock mineral and precious stone with special scientific research and aesthetic value and their typical sites of origin.

v) Hot spring mineral spring mineral mud and groundwater movement areas with unique medical or health preservation functions or scientific research value and waterfall lake and spring with unique geological importance.

vi) Ruins of typical geological disasters such as earthquake fissure subsidence dilapidation collapses landslide and mudslide with scientific research value.

vii) Other geological heritages that require protection.

 

Chapter III Construction of Geological heritage Protection Zones

Article 8 For geological heritages with international domestic or regional significance national-level provincial-level or county-level protection section geological heritage protection site or geopark may be established all of which are uniformly referred to as geological heritage protection zone below.

Article 9 Geological heritage protection zone classification standards:

National-level:

i) Geological heritage capable of providing crucial geological evidence for a certain major geological history event or geological evolution stage in the evolution process of a major region or even the whole globe.

ii) Typical section fossil and its site of origin with significance for strata (structure) comparison of a major domestic region or an international region.

iii) Typical geological landscape or phenomenon with geoscience significance at the national or international level.

Provincial-level

i) Geological heritage capable of providing crucial geological evidence for a geological evolution stage in the evolution process of a region.

ii) Typical section fossil and its site of origin with significance for strata (structure) comparison of a region.

iii) Geological landscape with representative value or relatively high historical cultural and tourism value based on geoscience division and classification.

County-level:

i) Typical section fossil and its site of origin with scientific research value within the territory of the corresponding county.

ii) Unique geological landscape or geological phenomenon in a small region.

Article 10 Application and review of geological heritage protection zone:

For the establishment of a national-level geological heritage protection zone application shall be submitted by the State Council's competent administrative department of geology and mineral resources or by the people's governments of provinces autonomous regions and municipalities directly under the Central Government where the geological heritage is located then appraised by the National Nature Reserves Appraisal Committee reviewed and commented by the State Council's competent administrative department for environment protection and sent to the State Council for approval and announcement.

For national-level geological heritage protection zone that intends to be inscribed on the World Heritage List application shall be submitted by the State Council's competent administrative department of geology and mineral resources to the State Council's relevant competent administrative department.

For the establishment of a provincial-level geological heritage protection zone application shall be submitted by the competent administrative department of geology and mineral resources of the prefecture (prefecture-level city) or county (county-level city) people's government where the geological heritage is located or a geology and mineral resource department at the same level then appraised by provincial nature reserves appraisal committee reviewed and commented by competent administrative department for environment protection of the people's governments of provinces autonomous regions and municipalities directly under the Central Government and sent to the people's governments of provinces autonomous regions and municipalities directly under the Central Government for approval and announcement.

For the establishment of a county-level geological heritage protection zone application shall be submitted by the competent administrative department of geology and mineral resources of the county people's government where the geological heritage is located then appraised by county nature reserves appraisal committee reviewed and commented by competent administrative department for environment protection of the county (county-level city) people's government and sent to the county (county-level city) people's government for approval and announcement.

For the establishment of a geological heritage protection zone that spreads over more than two administration divisions application shall be submitted jointly by the people's government(s) or competent administrative department(s) for geology and mineral resources at the same level after deliberation then processed as per the procedure outlined in the three previous clauses.

Article 11 Classification of protection level:

Geological heritage within a protection zone may be administered with class I protection class II protection or class III protection.

Class I protection: Geological heritage that possesses extremely rare and important scientific value at the national or international level shall be given class I protection. Entry is prohibited without prior consent and visit scientific research and international exchange may be arranged with consent from competent administrative department of geology and mineral resources of the local people's government that set up said geological heritage protection zone.

Class II protection: Geological heritage that possesses important scientific value for a large region shall be given class II protection. Scientific research education academic exchange and a certain degree of tourism activity may be arranged with consent from competent administrative department of geology and mineral resources of the local people's government that set up said geological heritage protection zone.

Class III protection: Geological heritage that possesses a certain degree of value shall be given class III protection. Tourism activity may be arranged with consent from competent administrative department of geology and mineral resources of the local people's government that set up said geological heritage protection zone.

 

Chapter IV Management of Geological heritage Protection Zones

Article 12 Development plan formulated by State Council's competent administrative department of geology and mineral resources for national geological heritage protection zone shall be reviewed and commented by the State Council's competent administrative department for environment protection then assessed and balanced by the State Council's department for planning and sent to the State Council for approval and implementation. Development plan formulated by competent administrative department of geology and mineral resources of a people's government at or above the county level for geological heritage protection zone within said department's jurisdiction shall be reviewed and commented by the competent administrative department for environment protection at the same level then assessed and balanced by a department for planning at the same level and sent to a people's government at the same level for approval and implementation.

Article 13 Establishment of geological heritage protection zone shall take into full consideration the integrity of the subject of protection local economic development and the production requirements and basic needs of the local populace.

Article 14 The people's government that established a geological heritage protection zone shall be in charge of matters including the determination of the geological heritage protection zone's area and boundary placement of fixed signs and public announcement. Without consent from the original approving authority no organization or individual shall move or change the geological heritage protection zone's boundary marker or sign.

Article 15 Management of geological heritage protection zone may adopt the following methods:

For a geological heritage protection zone that exists independently the competent administrative department of geology and mineral resources of the people's government where the protection zone is located shall be charged with its management.

For a geological heritage protection zone that exists as a part of other types of nature reserve the competent administrative department of geology and mineral resources where the protection zone is located shall be in charge of its management based on protection requirements put forth by said geological heritage protection zone's approving authority and with assistance from the existing nature reserve's management organization.

Article 16 Main functions and responsibilities of geological heritage protection zone management organization:

i) Implement the nation's strategies policies laws and regulations related to the protection of geological heritage.

ii) Formulate management systems and manage the various activities that take place inside geological heritage protection zone including the arrangement and implementation of scientific research education and tourism and other activities.

iii) Monitor and maintain the subject of protection and prevent heritage from being damaged or polluted.

iv) Carry out promotional and educational campaigns related to the protection of geological heritage.

Article 17 No organization or individual shall carry out any activity that may potentially harm the protection object such as quarrying earth borrowing mining grazing or logging at the geological heritage protection zone and areas surrounding the protection zone. Without prior consent from management organization collecting samples and fossils from the geological heritage protection zone are prohibited.

Article 18 The construction of factory buildings or other structural facilities unrelated to the protection of geological heritage are prohibited inside the protection zone. Existing facilities that might pollute or damage geological heritage shall rectify the situation within a certain period or stop operation and relocate elsewhere.

Article 19 based on the level of protection of geological heritage management organization may authorize organization or individual to carry out scientific research education or tourism activities inside the protection zone. For any scientific research outcome achieved duplicate copy shall be submitted to the geological heritage management organization for filing and storage.


Chapter V Legal Liability

Article 20 For perpetrator of any one of the violations below geological heritage management organization may warn administer a penalty confiscate illegally obtained item(s) and order compensation for damages or losses caused in accordance with Regulations of the People's Republic of China on Nature Reserves and based on the severity of violation.

i) Violation of Article 14 of these Regulations as in moving or changing a protection zone's boundary marker or sign;

ii) Violation of Article 17 of these Regulations as in quarrying earth borrowing mining grazing logging or collecting samples and fossils;

iii) Violation of Article 18 of these Regulations as in polluting or damaging geological heritage;

iv) Violation of Article 19 of these Regulations as in disobeying the administration of geological heritage management organization or carrying out scientific research activity but not submitting research outcome duplicate copy to the management organization.

Article 21 For management personnel held accountable for dereliction of duty embezzlement or damage of geological heritage superior competent administrative department shall give administrative sanction and criminal responsibility shall be investigated if violation constitutes a criminal offense.

Article 22 If the accused party refuses to accept the administrative punishment administrative reconsideration and administrative litigation may be pursued.

Chapter VI Supplementary Provisions

Article 23 The Ministry of Geology and Mineral Resources shall be responsible for the interpretation of these Regulations.

Article 24 Competent administrative departments of geology and mineral resources of the people's governments of provinces autonomous regions and municipalities directly under the Central Government may formulate local implementation rules based on these Regulations.

Article 25 These Regulations come into force on the day of its promulgation.



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