Regulations of the People's Republic of China on Nature Reserves
(Promulgated by Order No. 167 of the State Council of the People's Republic of China on October 9 1994; firstly amended in accordance with the Decision of the State Council on Abolishing and Amending Some Administrative Regulations on January 8 2011; secondly amended in accordance with the Decision of the State Council on Amending Some Administrative Regulations on October 7 2017)
Chapter I General Provisions
Article 1 These Regulations are formulated with a view to strengthening the construction and management of nature reserves and protecting the natural environment and resources.
Article 2 The nature reserves as referred to in these Regulations mean the areas delimited according to relevant laws for special protection and administration in the areas where typical natural ecological systems and precious rare and vanishing wildlife species are naturally concentrated or in the dry land water area on the land and sea area where protected ob
Article 3 All establishment and management of nature reserves within the territory of the People's Republic of China or the other sea areas under the jurisdiction of the People's Republic of China must be conducted in conformity with these Regulations.
Article 4 The State shall incorporate the development plan of nature reserves into the national economic and social development plans by means of adopting economic and technological policies and measures favorable to the development of nature reserves.
Article 5 The local economic construction the production activities and everyday life of local residents shall be properly considered when the nature reserves are established and managed.
Article 6 Nature reserves administrative agencies and their competent administrative departments may accept grants from both internal and external organizations and individuals for the establishment and management of nature reserves.
Article 7 The people's governments at or above the county level shall strengthen leadership in the work of nature reserves.
All units and individuals shall have the obligation to protect the natural environment and resources within nature reserves and have the right to inform against or lodge complaints with the units or individuals who damage or encroach the nature reserves.
Article 8 The State shall practice a system which combines integrated management with separate departmental management for the management of nature reserves.
The competent department of environment protection under the State Council is responsible for the integrated management of the nature reserves throughout the country.
The competent departments of forestry agriculture geology and mineral resources water conservancy and marine affairs and other departments concerned are respectively responsible for relevant nature reserves under their jurisdiction.
The people's governments of provinces autonomous regions and municipalities directly under the Central Government shall according to the specific condition of the locality decide on the establishment and the responsibilities of the administrative departments of nature reserves in the people's governments at or above the county level.
Article 9 The people's governments at various levels shall give awards to the units or the individuals who have made outstanding contributions to the establishment and management of nature reserves or the related scientific research.
Chapter II: Establishment of Nature Reserves
Article 10 In the areas which meet one of the following requirements a nature reserve shall be established:
(1) typical physiographic areas typical natural ecosystem areas and those areas where the natural ecosystems have been damaged but can be restored to the same category of natural ecosystems by proper protection;
(2) where precious rare and vanishing wildlife species are naturally concentrated;
(3) having marine and coastal areas islands wetland inland water bodies forests grassland and deserts which are of special protection value;
(4) natural remains which are of significant scientific or cultural value such as geological structures famous karst caves fossil distribution areas glaciers volcanoes and hot springs;
(5) other natural areas need to be specially protected upon the approval of the State Council or the people's governments of provinces autonomous regions or municipalities directly under the Central Government.
Article 11 The nature reserves consist of national and local nature reserves.
National nature reserves include those of typical significance in or out of the country and those of significant international influence in science or of special value in scientific research.
Local nature reserves include those other than the national ones which are of typical significance or with special value in scientific research. Local nature reserves may be managed by local governments at different levels. The specific measures shall be formulated by the competent department of nature reserves under the State Council or by the people's governments of provinces autonomous regions or municipalities directly under the Central Government according to their specific conditions and shall be submitted to the competent department of environment protection under the State Council for the record.
Article 12 The establishment of a national nature reserve requires an application from the people's government of the province autonomous region or municipality directly under the Central Government where the proposed nature reserve is located or from the competent department of nature reserves under the State Council. After the appraisal by the national nature reserves appraisal committee the competent department of environment protection under the State Council shall coordinate with relevant department to provide appraisal comments on the application and then submit it to the State Council for its approval.
The establishment of a local nature reserve requires an application from the people's government of the county autonomous county municipality or autonomous prefecture where the proposed nature reserve is located or the competent department of nature reserves in the people's government of the relevant province autonomous region or municipality directly under the Central Government. After the appraisal by local nature reserves appraisal committee the competent department of environment protection in the people's government of the province autonomous region or municipality directly under the Central Government shall coordinate with relevant departments to provide appraisal comments on the application and then submit it to the people's government of the province autonomous region or the municipality directly under the Central Government for its approval and meanwhile submit it to the competent department of environment protection under the State Council and the relevant competent department of nature reserves under the State Council for the record.
The establishment of a nature reserve involving more than two administrative regions requires an application from the people's governments of relevant regions after their consultations. Then the application shall go through the same procedures as described in the preceding two paragraphs.
The establishment of a maritime nature reserve shall be approved by the State Council.
Article 13 To apply for the establishment of nature reserves an application form for a nature reserve establishment shall be filled out and submitted for approval according to the relevant provisions of the State.
Article 14 The ranges and boundaries of nature reserves shall be determined by the people's governments responsible for the approval of the establishment. The boundaries of nature reserves shall be marked and announced.
Proper consideration shall be given to the integrity and suitability of the protected ob
Article 15 The cancellation of a nature reserve or any change or adjustment made in its nature range or boundaries shall be subject to the approval of the people's government which approved the establishment of the nature reserve.
No units or individuals may be allowed to move the landmarks of nature reserves without authorization.
Article 16 Nature reserves shall be named in the following ways:
National nature reserves: the name of the location where the nature reserve is situated is added before the "National Nature Reserve".
Local nature reserves: the name of the location where the nature reserve is situated is added before the "Local Nature Reserve".
If a nature reserve has its own special protected ob
Article 17 The competent department of environmental protection administration under the State Council shall together with the competent administrative department of nature reserves under the State Council formulate programs for the development of national nature reserves ba
The nature reserves administrative agencies or competent administrative department of a particular nature reserve shall draw up the construction plans for nature reserves which shall be included in the national local or departmental investment plans according to certain stipulated procedures and organize their implementation.
Article 18 Nature reserves may be divided into three parts: the core area buffer zone and experimental zone.
The intact natural ecosystems and the areas where the rare and endangered animals or plants are concentratedly distributed within nature reserves shall be included in the core area into which no units or individuals are allowed to enter. Scientific research activities are generally prohibited in the core area except for those approved according to of the Regulations.
Certain amount of area surrounding the core area may be designated as the buffer zone where only scientific observations and other research activities are allowed.
The area surrounding the buffer zone may be designated as the experimental zone where may be entered for various activities such as scientific experiment educational practice visit and investigation tourism and the domestication and breeding of rare and endangered wild animal or plant species.
If the people's government responsible for the approval of the establishment of the nature reserves thinks it necessary certain amount of area surrounding the nature reserve may be designated as the outer protection area.
Chapter III Management of Nature Reserves
Article 19 The competent department of environmental protection administration under the State Council shall organize relevant administrative departments of nature reserves under the State Council to formulate national technical regulations and standards for the management of nature reserves.
The relevant competent administrative departments of nature reserves under the State Council shall within the field of division of work formulate the technical regulations on the management of various types of nature reserves and submit them to the competent department of environmental protection administration under the State Council for the record.
Article 20 The environmental protection administrative department of the people's government at or above the county level has the right to supervise and inspect the management of various nature reserves within its administrative area. The relevant nature reserve administrative department of the people's government at or above the county level has the right to supervise and inspect the management of the nature reserve under its jurisdiction. The units subject to inspection shall truthfully report the situation to them and provide them with the necessary information. The inspectors shall keep confidential technological know-how and business secrets of the units inspected.
Article 21 The competent administrative departments of the nature reserves of the people's governments of provinces autonomous regions and municipalities directly under the central government or the competent administrative department of nature reserves under the State Council shall be responsible for the management of the national nature reserves. The competent administrative department of nature reserves in the people's governments at or above the county level shall be responsible for the management of the local nature reserves within their administrative divisions.
The relevant competent administrative departments of nature reserves shall set up a special administrative agency in each nature reserve provide specialized technical staff who shall be responsible for the management of the nature reserves.
Article 22 The major functions of administrative agencies of nature reserves shall be as follows:
(1) to implement relevant laws regulations guidelines and policies formulated by the state on nature conservation；
(2) to formulate various management regulations so as to exert unified management on the nature reserves;
(3) to investigate into the natural resources and set up necessary records accordingly and organize environmental monitoring in order to protect the natural environment and resources in the nature reserves;
(4) to organize or assist relevant departments to make scientific researches on the nature reserves;
(5) to carry out education and public programs on nature conservation;
(6) to organize visits tourism and other activities under the premise of not affecting the natural environment and natural resources of the nature reserve.
Article 23 The funds required for the management of nature reserves shall be arranged by the local people's governments at or above the county level where the nature reserves are located. The state shall subsidize the management of national nature reserves appropriately.
Article 24 The public security agency of the region where the nature reserves are located may according to the necessity set up representative office within the nature reserves to maintain public order in the areas.
Article 25 The units residents inside the nature reserves and the personnel allowed to enter into the nature reserves shall comply with various regulations of administration and subject themselves to the management of the administrative agency of the nature reserves.
Article 26 In nature reserves such activities as felling grazing hunting fishing gathering medicinal herbs reclaiming burning mining stone quarrying and sand dredging shall be prohibited unless it is otherwise provided by relevant laws and regulations.
Article 27 Nobody shall be allowed to enter the core area of nature reserves. Where scientific observations and investigation thereto are necessary for scientific research the unit concerned shall submit the applications and activity plans to the administrative agency of the nature reserves in advance and shall be approved by the nature reserve management department. Among them those entering the core area of a national nature reserve shall be approved by the relevant nature reserve administrative department of the people's government of the province autonomous region or municipality directly under the Central Government.
For residents living in the core area of the nature reserve who are necessitated to move out the local people's government shall see to the proper settlement for them.
Article 28 Tourism production and trading activities are prohibited in the buffer zone of nature reserves. If it is necessary to enter the buffer zone of the nature reserve for the purpose of teaching and scientific research to engage in non-destructive scientific research teaching practice and specimen collection activities the application and activities plan shall be submitted to the nature reserve management agency in advance and approved by the nature reserve management agency.
All units and individuals who participate in such activities described in the preceding paragraph shall submit a copy of the report of the activity result to the administrative agency of the nature reserves.
Article 29 For the development of visits and tourism activities in the experimental area of a nature reserve the nature reserve management agency shall prepare a plan and the plan shall meet the management ob
Visiting and sightseeing tourist activities in nature reserves shall be conducted according to activity program approved. The management of such activities shall be strengthened. All units and individuals who enter the nature reserves for visiting or sightseeing tour shall submit themselves to the management of the administrative agency of nature reserves.
The visiting and sightseeing tourist projects that violate the protection guidelines of nature reserves shall be prohibited.
Article 30 Where there are no divisions within the nature reserves that nature reserves shall be managed in accordance with the stipulation concerning the core area or buffer zone in the Regulations.
Article 31 Foreigners entering a nature reserve shall submit an activity plan to the nature reserve management agency in advance and obtain the approval of the nature reserve management agency. Among them those who enter a national nature reserve shall be approved by the relevant nature reserve administrative departments of the province autonomous region or municipality directly under the Central Government such as environmental protection ocean fishery etc. in accordance with their respective duties.
Foreigners entering the nature reserve shall abide by the laws regulations and regulations related to the nature reserve. No specimen collection or other activities are allowed in the nature reserve without approval.
Article 32 No production installations shall be built in the core area and buffer zone of nature reserves. In the experimental zone no production installations that cause environmental pollution or do damage to the natural resources or landscapes shall be built. Other installations to be built in these areas must not exceed the discharge of pollutants prescribed by national or local discharge standards. If the installations that have been built discharge more pollutants than are specified by the national or local discharge standards in the experimental zone of nature reserves such pollution shall be eliminated or controlled within a prescribed period of time. Remedial measures shall be adopted to the damage caused.
The projects constructed in the outer protection zone of nature reserves must not affect the environmental quality inside the nature reserves. If the damage has been done the relevant units shall be ordered to eliminate and control pollution within a prescribed period of time.
The decision to eliminate and control pollution within a prescribed period of time shall be made by the agencies specified by relevant laws and regulations. Any enterprise or institution receiving such an order shall complete its tasks of eliminating and controlling pollution on time.
Article 33 If any accident or accidental event takes place the unit or individual that has caused or is likely to cause any damage to the nature reserves must adopt immediate remedial measures and inform the units or residents that are likely to be affected by the accident and report to the administrative agency of the nature reserves the competent department of environmental protection administration in the locality and that of the nature reserves to accept necessary investigation and possible disciplinary actions.
Chapter IV Legal Liability
Article 34 Any unit or individual who has violated these Regulations and commits any of the following acts shall be ordered by the administrative agency of the nature reserves to make corrections and a fine of RMB 100 to 5000 may be imposed according to different circumstances:
(1) moving or doing damage to the landmarks of nature reserves without approval;
(2) entering the nature reserves without approval or failing to meet the requirements of the administrative agency while in the nature reserves;
(3) carrying out scientific research educational practice and specimen collection in the buffer zone of nature reserves with the approval by relevant department but failing to submit a copy of the report of their activity results to the administrative agency of the nature reserves.
Article 35 Any unit or individual who has violated the Regulations in felling grazing hunting fishing gathering medicinal herbs reclaiming burning mining stone quarrying and sand dredging etc. shall be punished according to relevant laws administrative regulations and rules. Besides the competent administrative department of nature reserves in the people's government at or above the county level or its authorized administrative agencies of the nature reserves may confiscate the violators' illegal gains order the violators to stop illegal actions and to restore the original state or adopt other remedial measures within a prescribed period of time. Whoever has caused damage to the nature reserves the fine between RMB 300 to 10000 shall be imposed.
Article 36 The administrative agencies of the nature reserves which violate the Regulations refusing to be supervised and inspected by competent departments of environmental protection administration or the competent administrative department of nature reserves or failing to provide truthful information during the inspection shall be fined between RMB 300 to 3000 by the competent department of environmental protection administration or the competent administrative department of nature reserves in the people's government at or above the county level.
Article 37 Any administrative agency of the nature reserves which violates the Regulations by one of the following acts shall be ordered to correct their mistakes within a prescribed period of time by the competent administrative department of nature reserves in the people's government at or above the county level. Whoever directly responsible for such violations shall be given disciplinary sanctions by the agency to which he belongs or by the organ at the higher level:
(1) to conduct visits or tourism activities without preparing a plan or the prepared plan does not meet the management ob
(2) to set up visits and tourism projects that are inconsistent with the protection direction of the nature reserve;
(3) to conduct visits and tourism activities not in accordance with the prepared plan；
(4) illegally approve people to enter the core area of the nature reserve or illegally approve foreigners to enter the nature reserve;
(5) other acts of abuse of power negligence of duty or malpractice for personal gains.
Article 38 Whoever violates the Regulations by causing damage to the nature reserves shall be ordered to pay reparations for the loss by the competent administrative department of nature reserves in the people's government at or above the county level.
Article 39 Whoever hinders the work of the administrative staff of the nature reserves shall be punished by the public security organ in accordance with Regulations of the People's Republic of China on Administrative Penalties for Public Security. If the circumstances are serious enough to constitute a crime he shall be prosecuted for criminal responsibility according to law.
Article 40 If a violation of the Regulations causes serious pollution or destructive accidents to the nature reserves leading to the grave consequences of heavy losses of public or private property or human casualties and resulting in a criminal offense the person in charge directly responsible and other person directly responsible for the violation shall be investigated for criminal responsibility according to law.
Article 41 Any person conducting management of nature reserves who abuses his power neglects his duty or engages in malpractice for personal gains shall when a crime is constituted be investigated for criminal responsibility according to law or when the circumstances are not serious enough to constitute a crime be given disciplinary sanctions by the unit to which he belongs or the competent higher authorities.
Chapter V Supplementary Provisions
Article 42 The competent administrative department of nature reserves under the State Council may in accordance with the Regulations formulate the administrative rules for different types of nature reserves.
Article 43 The people's governments of provinces autonomous regions and municipalities directly under the central government may in accordance with the Regulations formulate the implementation measures.
Article 44 The Regulations shall enter into force on December 1 1994.
