Recently, the Department of Natural Reserve Management of the National Forestry and Grassland Administration has solicited public opinions on the “Interim Measures for the Management of National Parks (Draft for Comment)”. The Legal Affairs Commission of CBCGDF attaches great importance to this, and after careful research, put forward 22 revisions, which have been submitted to the Department.
1 The term “national parks” as mentioned in these Measures refers to the establishment of national parks with the approval of the state and the leading management, with clear boundaries, with the main purpose of protecting a large area of natural ecosystems that are representative of the state, to achieve scientific protection and rational utilization of natural resources, and to fully develop biodiversity. specific land or sea areas.
2 The construction and management of national parks should adhere to the principles of state leadership, protection priority, scientific management, sustainable use and social participation.
3 Focus on construction and management of national parks across the country.
4 National Park management agencies are responsible for national park natural resource asset management, ecological protection and restoration, social participation management, scientific research and education, etc., and perform administrative law enforcement duties in accordance with regulations.
5 The National Forestry and Grassland Administration and the provincial people’s government where the national park is located shall establish a joint meeting mechanism to coordinate the protection, construction and management of the national park.
6 National Park management agencies are responsible for the preparation, implementation and use management of national park construction management according to their functions, and publicize them to the public. Strictly use all kinds of funds in accordance with laws and regulations, strengthen the overall use of various funds, implement budget performance management, and improve the efficiency of fund use.
7 Encourage scientific research institutions, social organizations, news organizations, and local residents to actively participate in the construction and management of national parks.
8 The National Forestry and Grassland Administration formulates the spatial layout plan of the national park in accordance with the relevant requirements of the national land space planning, the ecological environment zoning management and control, and the standards for the establishment of national parks. The approved plan shall be announced in a timely manner and shall not be changed or adjusted without authorization. The National Forestry and Grassland Administration organizes the formulation of plans for the establishment of national parks based on the plans for the spatial layout of national parks.
9 No other types of nature reserves will be reserved or newly established within the approved national parks. Some of the nature reserves that are included in the scope of national parks, and those that are not included, are determined to be reserved, revoked or established as other types of nature reserves after assessment by the people’s government at or above the county level where they are located. According to the establishment plan approved by the State Council and the relevant state confidentiality regulations, The National Forestry and Grassland Administration discloses to the public the scope, area, four-dimensional boundary and vector data of national parks, as well as the names, areas and boundaries of nature reserves that are no longer reserved.
10 The national park management agency may, according to the overall plan of the national park, formulate special plans or implementation plans for ecological protection and restoration, recreational experience, nature education, etc., and after approval by the environmental impact assessment, organize the implementation according to the approved procedures.
11 The National Forestry and Grassland Administration organizes an evaluation of the implementation of the overall plan and special plan for national parks every five years. If it is really necessary to adjust the overall planning and special planning, it shall be reported to the original examination and approval authority for approval.
12 The relevant construction activities organized and implemented by the national park management agency in accordance with the overall plan of the national park shall follow the green concept of protection priority, minimal intervention, and simple ecology, and on the basis of making full use of the original facilities, improve the necessary protection, publicity, interpretation, education, Infrastructure for scientific research, monitoring and environmental protection.
13 Construction projects within the scope of national parks shall be in harmony with the natural landscape and cultural characteristics, and their site selection, scale, style, construction, etc. shall comply with the overall planning and management and control requirements of national parks, and relevant formalities shall be handled in accordance with laws and regulations, and necessary measures shall be taken to reduce the impact on the national park. Adverse effects on core resources and ecological functions.
14 The national park management agency shall, in conjunction with the local people’s government at or above the county level where the national park is located, strengthen the management of construction projects surrounding the national park, formulate a list of encouraged or restricted construction projects, and publicize it to the public. The construction of the project shall not damage the protected objects, ecosystems and environmental quality in the national park; if damage has been caused, it shall be treated within a time limit and the losses shall be compensated.
15 Activities such as management and patrolling, investigation and monitoring, disaster prevention, mitigation and relief, approved scientific research, and construction of necessary facilities, as well as carrying out ecological restoration, proliferation, release, and disease due to special circumstances such as pest control and alien species invasion. Animal and plant cleanup, etc.
16 The National Forestry and Grassland Administration, together with relevant departments of the State Council, establishes a unified survey, evaluation and monitoring system for natural resources, grasps the current situation and dynamic changes of natural resources, ecological conditions, and human activities in national parks, and regularly sends suspected points of human activities to the national park management agency to verify.
17 National Park management agencies shall carry out national park international cooperation and exchanges, knowledge dissemination, etc., and guide mass autonomous organizations, social organizations, enterprises and institutions, and volunteers to carry out publicity and education activities.
18 The national park management agency should formulate a visitor safety guarantee system, and control the capacity of visitors according to the environmental carrying capacity and ecological monitoring results. Cooperate with the local people’s government to carry out emergency response work, formulate emergency plans for visitor management, announce emergency rescue calls, and provide rescue services in a timely manner. The rescue services can be entrusted to professional rescue organizations for implementation. Build barrier-free service facilities.
19 Every time a platform is established, the corresponding national financial funds must be spent. In the text of the draft for comments, there are also platforms in Article 31 and other places. In order to save the state’s financial resources, the state should establish a platform, perform multiple functions in a unified manner, and provide various information services to the public in accordance with the law. This provision remains unchanged, and the functions of the platform that appeared before are incorporated.
20 The non-resource-consuming public service projects in the general control area of the national park shall be franchised and approved by the local market supervision department. The national park management agency shall, according to the characteristics of the franchise project and the provisions of relevant laws and regulations, formulate management measures and announce them to the public.
21 The construction of communities around national parks should be coordinated with the goals of national park protection. The local people’s government at or above the county level in the adjacent areas of the national park may sign a cooperation agreement with the national park management agency to rationally plan and construct the entrance community. Residents who need to be relocated from the national park due to ecological protection shall be properly resettled by the local government according to the law, and shall bear the resettlement and compensation costs according to the division of financial powers and expenditure responsibilities at all levels.
22 Encourage and support agencies and related organizations that comply with the law to file public interest lawsuits against violations of national parks.
Original Chinese Article: https://mp.weixin.qq.com/s/saE6u5hXIw2q0hAGg8KrUQ
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