The newly revised "Regulations on the Protection and Management of Puzhehei Scenic Area in Wenshan Zhuang and Miao Autonomous Prefecture of Yunnan Province" will come into force on May 1, 2023

The regulations on the Protection and Administration of Puzhehei Scenic spot in Wenshan Zhuang and Miao Autonomous Prefecture of Yunnan Province was revised for the second time at the third session of the 15th people's Congress of Wenshan Zhuang and Miao Autonomous Prefecture on January 9, 2023. Approved at the second meeting of the standing Committee of the 14th Yunnan Provincial people's Congress, it is hereby promulgatedEffective from May 1, 2023。

 

Standing Committee of the People's Congress of Wenshan Zhuang and Miao Autonomous Prefecture

April 17, 2023

 

Puzhehei Scenic Area, Wenshan Zhuang and Miao Autonomous Prefecture, Yunnan Province

Protection Management Regulations

 

（2007Year2Month9Adoption at the Second Session of the Twelfth People's Congress of Wenshan Zhuang and Miao Autonomous Prefecture, Yunnan Province2007Year3Month30Approved at the 28th meeting of the Standing Committee of the Tenth People's Congress of Yunnan Province2015Year3Month6Revised for the first time at the Fifth Session of the Thirteenth People's Congress of Wenshan Zhuang and Miao Autonomous Prefecture in Yunnan Province2015Year5Month29Approved at the 18th meeting of the Standing Committee of the 12th Yunnan Provincial People's Congress2023Year1Month9The Second Session of the Third Session of the 15th People's Congress of Wenshan Zhuang and Miao Autonomous Prefecture in Yunnan ProvinceRevision 2023Year3Month24Approved at the second meeting of the Standing Committee of the 14th Yunnan Provincial People's Congress From 20235Month1Effective from the date)

 

Chapter I General Provisions

Article 1In order to strengthen the protection and management of the Puzhehei Scenic Area (hereinafter referred to as the scenic area), rationally develop and utilize the resources of the scenic area, and promote the coordinated development of ecological civilization and economic society, in accordance with the the People's Republic of China Environmental Protection Law, the the People's Republic of China Water Pollution Prevention Law and the State Council "Scenic Area Regulations" and other laws and regulations, combined with the actual situation of the scenic area, formulate these regulations.

Article IIUnits and individuals that operate within the scope of protection of scenic spots shall abide by these Regulations.

The provisions of relevant laws and regulations shall also be applied to the protection of nature reserves, scenic spots, drinking water source protection areas, wetlands, historical and cultural villages and traditional villages within the protection scope of scenic spots.

Article IIIThe total area of scenic area protection388Square kilometers, east from the starting point of the Shuangge line fork, along the new Baishiyan, Shangqingping to Xiangqi; From Dajiale to Qiaotou Village in the south, along Longtan in the old city to Badaoshao Yutang Village; From Shikan Zi in the west, from Shikan Zi in the water to Lion Mountain in the water in the water along Pendulong Lake (Hongqi Reservoir) to Lion Mountain in the north.

Ssangyong camp green grass pond.

Article 4The protection, management, development and utilization of scenic spots should adhere to the principles of scientific planning, protection priority, orderly development, sustainable utilization and social participation, so as to realize the unity of ecological, economic and social benefits.

Article VThe People's Government of the Autonomous Prefecture and the People's Government of Qiubei County shall strengthen the leadership of the protection and management of scenic spots, incorporate them into the national economic and social development plan, and establish a long-term ecological protection compensation mechanism.

ARTICLE VIThe People's Government of Qiubei County shall establish and improve the coordination mechanism for the protection and management of scenic spots, and coordinate and resolve major issues in the protection and management of scenic spots.

The protection of scenic spots shall be subject to the system of river (lake) chiefs, and river (lake) chiefs at all levels shall perform their duties as river and lake chiefs in accordance with the law.

Article VIIThe scenic spot management agency of the People's Government of Qiubei County (hereinafter referred to as the scenic spot management agency) is specifically responsible for the protection and management of scenic spots. Its main responsibilities are:

(I) publicize and implement the relevant laws and regulations and these regulations;

(II) responsible for the protection and management of scenic resources;

(III) do a good job in the investigation, registration and filing of scenic resources;

(IV) manage and maintain the infrastructure and public facilities of the scenic area;

(V) and manage the construction activities and business activities in the scenic area;

(VI) responsible for the supervision and management of safety production in the scenic area;

(VII) collect fees such as paid use fees for scenic resources in accordance with the law;

(VIII) exercise part of the power of administrative punishment in a relatively centralized manner in accordance with the approved authority.

Article 8The relevant departments of Qiubei County People's Government shall, in accordance with the relevant laws and regulations and the provisions of these regulations, do a good job in the protection and management of scenic spots.

The people's governments of townships (towns) within the protection scope of scenic spots shall do a good job in the protection and management of scenic spots within their jurisdiction, strengthen the improvement of rural human settlements and the daily management and protection of rivers, ditches and reservoirs entering the lake.

The villagers' committees and villagers' groups within the protection scope of scenic spots shall give full play to the advantages of villagers' autonomy and assist in the protection and management of scenic spots.

Article IXThe mass media such as radio, television, newspapers and periodicals, and the Internet shall strengthen the publicity of the protection of scenic spots and enhance the protection awareness of the whole people.

Encourage social forces to participate in the protection, development and utilization of scenic spots in accordance with the law.

Article XThe protection, management, development and utilization of scenic spots should protect the legitimate rights and interests of the local people, mobilize the enthusiasm of the people to participate, and drive the people to get rich together.

Chapter II Planning and Construction

Article 11The People's Government of Qiubei County shall organize the preparation of a scenic spot protection plan, which shall be reviewed by the Standing Committee of the People's Congress at the same level and submitted to the People's Government of the Autonomous Prefecture for approval before implementation.

The protection planning of scenic spots shall be connected with the planning of land space, national scenic spots, karst national wetland parks, provincial nature reserves, etc. The approved plan shall not be changed without authorization, and if it is really necessary to change it, it shall be submitted for approval in accordance with the original examination and approval procedures.

Article 12The protection scope of scenic spots is divided into primary, secondary and tertiary protected areas.

The specific scope of the first-level, second-level, and third-level protected areas shall be delineated by the People's Government of Qiubei County and announced to the public. The scenic area management agency shall set up boundary posts and signs in accordance with the geographical boundaries of graded protection.

Article 13The annual flood level line along the river banks and around the lake extends outward in the first-class protected area.70The area of rice is planned as lakeside zone, and lakeside zone is reserved according to village planning for villages involved. The specific scope is designated by Qiubei County People's Government.

In addition to the construction of necessary public facilities, no new construction or expansion activities shall be carried out in the lakeside zone. Existing buildings and structures that do not conform to the protection plan of the scenic spot shall be gradually relocated or demolished. If the statutory conditions for compensation are met, the people's government of Qiubei County shall compensate them in accordance with the law.

Article 14It is forbidden to build, rebuild, expand industries and other construction projects that do not conform to the protection plan of the scenic spot within the protection scope of the scenic spot. If it has been completed, it shall be gradually relocated or demolished. If the statutory conditions for compensation are met, the people's government of Qiubei County shall compensate them in accordance with the law.

To engage in construction activities beyond the scope prohibited in the preceding paragraph within the scope of the first and second-level protected areas, it shall go through the examination and approval procedures in accordance with the provisions of relevant laws and regulations after being examined and approved by the administrative agency of the scenic spot.

Article XVThe people's Government of Qiubei County shall, within the scope of protection of the scenic spot, uniformly plan and build underground pipe networks such as water supply, sewage discharge, communications and electric power, improve centralized sewage treatment facilities and supporting pipe networks and garbage collection, transportation and disposal facilities, establish and improve the management mechanism and ensure its normal operation.

Article 16Construction projects included in the list of classified management of environmental impact assessment of construction projects within the scope of protection of scenic spots shall be subject to environmental impact assessment in accordance with the law. The pollution prevention and control facilities of a construction project shall meet the requirements of the approved environmental impact assessment documents, and shall be designed, constructed and put into operation at the same time as the main project.

The construction unit and construction unit of a construction project shall take effective measures to protect the surrounding ecological environment and cultural relics and historical sites, and shall not cause pollution or damage.

Article 17The catering, accommodation and other business places within the protection scope of the scenic spot shall be equipped with equipment or facilities for purifying oil fume, treating sewage, storing garbage and waste, and abide by the regulations on oil fume discharge, sewage discharge, garbage classification and kitchen waste disposal.

Villagers within the protection area of the scenic spot shall build sanitary toilets, and shall not discharge domestic sewage, dump domestic garbage and construction garbage indiscriminately.

Chapter III Protection and Management

Article 18The People's Government of Qiubei County should strengthen the protection of the ecological environment of the scenic spot, increase the protection of forest and grass resources and the control of rocky desertification, and implement ecological restoration measures such as greening and afforestation, closing hills for afforestation, and tending management.

Article 19Water level control shall be implemented at important water level points within the protection scope of the scenic area: perennial flood level of Dingjiashiqiao Reservoir1447.17Meters (1985national elevation datum, same below), minimum water level1444.50m; perennial flood level of Shuangjia Mountain Sluice1446.78m, minimum water level1443.48m; perennial flood level of Xihuang wetland sluice1446.40m, minimum water level1442.20m; perennial flood level of Longquan Lake Sluice1446.40m, minimum water level1441.50Meters.

If the water level really needs to be adjusted according to the actual situation of flood control and drought relief, the decision shall be made by the people's government of Qiubei County.

Article 20The water quality of Pendong Lake (Hongqi Reservoir) shall be in accordance with the Surface Water Environmental Quality Standard (GB3838—2022) Class I water standard for protection, and the water quality of Longtan reservoir, Qingping reservoir and first-class protected area in the old city shall be protected according to Class II water standard.

Article 21The people's Government of Qiubei County shall strengthen the protection of wetlands within the protection scope of scenic spots, maintain the ecological functions and biodiversity of wetlands, and take measures such as returning ponds, returning wetlands, dredging and dredging, intercepting pollution and replenishing water according to local conditions, so as to repair the functional degraded wetlands and promote the sustainable utilization of wetland resources.

Article 22The People's Government of Qiubei County shall delimit and announce the no-fishing area and fishing area, and the no-fishing period shall be every year.3Month1Day6Month30day. Fishing in no-fishing areas and during no-fishing periods shall be prohibited, and fishing outside fishing areas shall be prohibited.

Article 23The People's Government of Qiubei County shall formulate industrial structure adjustment policies and a negative list of industrial access, support the development of efficient ecological agriculture, promote the use of organic biological fertilizers, biopesticides and green prevention and control technologies, and effectively control agricultural non-point source pollution.

Article 24The following acts are prohibited in the third-level protected area:

(I) discharge of oil, acid liquid, alkali liquid or highly toxic waste liquid into water bodies;

(II) the discharge and dumping of industrial waste residues, urban garbage and other wastes into water bodies;

(III) cleaning vehicles and containers with oil storage and toxic pollutants in water bodies;

(IV) fishing by methods that destroy fishery resources, such as fried fish, poisonous fish, electric fish or ground cages;

(V) land reclamation from lakes and river courses;

(VI) open (enclose) reclamation and landfill natural wetlands;

(VII) excavate and collect wild plants listed in the national and provincial protection lists without authorization;

(VIII) the destruction of forests for reclamation, or the harvesting of grease, peeling and digging of roots from trees;

(IX) hunting or poisoning wildlife;

(X) and sell wild animals and their products listed in the national and provincial protection lists;

(11) damaging the environment in which wild animals thrive and inhabit;

(xii) Unauthorized introduction, domestication, breeding and release of alien species;

(xiii) The use of fires in the field in forest areas;

(14) burning straw in the open;

(15) destroying, stealing, trading in stalactites;

(16) activities that damage the landscape, vegetation, topography and landform, such as mountain mining, quarrying, mining and land reclamation;

(xvii) Privately set up scenic spots, parking lots, and occupy roads for business;

(18) Use of banned pesticides;

(19) to carve or defile scenery or facilities;

(20) throwing litters such as peel and paper scraps;

(21) moving or destroying landmarks and public facilities without authorization;

(22) chasing tourists to sell commodities;

(23) Other acts prohibited by laws and regulations.

Article 25The following acts are prohibited in the secondary protection zone:

The (I) builds, rebuilds and expands the sewage outlet without authorization;

(II) the provision of river-blocking fishing gear within the scope of river management;

(III) objects that are piled up, dumped, buried or discharged to pollute water bodies within the scope of river management;

(IV) the construction of storage facilities for explosive, flammable, radioactive, toxic and corrosive substances;

(V) to build graves and erect steles;

Acts prohibited by the (VI) of tertiary protected areas.

Article 26The following acts are prohibited in the first-level protected areas:

(I) pile up and store solid wastes and other pollutants on beaches and bank slopes below the highest water level of rivers, lakes, canals and reservoirs;

(II) use of oil-powered motor vessels (except law enforcement vessels and emergency rescue vessels);

(III) drive or take a boat to sell commodities;

(IV) cleaning vehicles, livestock and poultry, production and living utensils and slaughtering animals in rivers and lakes;

(V) picking wild lotus, lotus leaf, lotus canopy and digging wild lotus root;

(VI) swimming and grazing;

(VII) acts prohibited by 2. tertiary protected areas.

Article 27The system of paid use of scenic resources shall be implemented. If the resources of the scenic spot are used for business activities, the paid use fee for the resources of the scenic spot shall be paid.

The specific measures for the collection of paid use fees for scenic resources shall be formulated by the people's government of Qiubei County.

Article 28It is forbidden to build, rebuild or expand large-scale livestock and poultry farms and breeding areas within the protection scope of the scenic spot.

Farmers shall keep livestock and poultry in captivity, collect livestock and poultry manure and dispose of it on the spot, and shall not pile up livestock and poultry manure in the open air.

Article 29Vessels within the protection scope of the scenic area shall be classified and registered by the scenic area management agency, and non-commercial vessels shall not carry out commercial activities.

It is prohibited to carry out water recreation activities with kayaks, rubber dinghies, motor boats and other water carrying equipment.

Article 30Units and individuals engaged in business activities within the scope of protection of scenic spots shall operate in good faith at the approved locations and business scope, clearly mark the price, and shall not cheat or mislead tourists.

Article 31The administrative organ of the scenic spot shall delimit and announce the camping area and picnic area. No unit or individual may carry out camping or picnic activities outside the designated area.

Article 32The People's Government of Qiubei County shall strengthen the tourism safety work in scenic spots, establish and improve the tourism safety linkage mechanism, tourism safety early warning mechanism and tourism emergency rescue system, organize relevant departments to formulate emergency plans for tourism emergencies, carry out emergency drills, and deal with tourism emergencies in a timely manner.

The scenic spot management agency shall, in accordance with the requirements of tourism safety, environmental protection and service quality, determine the carrying capacity of tourism reception, implement tourist flow control, and release relevant information to the public in a timely manner through the Internet and the media.

Article 33The operation of tourist vehicles and ships within the protection scope of scenic spots shall be determined by the management agency of scenic spots in accordance with relevant laws and regulations and the protection plan of scenic spots, and the operators shall be determined by means of fair competition such as bidding. The operator shall operate in accordance with the prescribed route.

Within the scope of protection of scenic spots, the use of new energy vehicles should be promoted, and operational livestock vehicles should be gradually banned. The specific measures shall be formulated by the people's Government of Qiubei County and announced to the public for implementation.

Article 34The People's Government of Qiubei County shall strengthen the management of road traffic in scenic spots to ensure safe and smooth traffic in scenic spots. The specific measures shall be formulated by the People's Government of Qiubei County and promulgated to the public for implementation.

Motor vehicles and non-motor vehicles entering the scenic spot shall be parked at the specified place. It is forbidden to park motor vehicles and non-motor vehicles on sidewalks, road sections with no-stop signs or no-stop markings.

Article 35The administrative agency of the scenic spot shall, in conjunction with the administrative department of ethnic and religious affairs, formulate measures for the management of places for religious activities in the scenic spot in accordance with the law, and regulate religious activities in the scenic spot.

Article 36The following activities shall be carried out within the protection scope of the scenic area, shall, after examination and approval by the administrative organ of the scenic spot, report to the relevant administrative department for approval in accordance with the provisions of relevant laws and regulations:

(I) setting and posting commercial advertisements;

(II) holding large-scale amusement and other activities;

(III) activities to change the natural state of water resources and water environment;

(IV) other activities that affect the ecology and landscape.

Chapter IV Legal Liability

Article 37State functionaries who engage in embezzlement and bribery, abuse of power, dereliction of duty, rent-seeking power, transfer of interests, malpractice for personal gain, etc. in the protection and management of scenic spots shall be punished according to law; if a crime is constituted, criminal responsibility shall be investigated according to law.

Article 38Anyone who violates the provisions of these regulations and commits one of the following acts shall be punished by the scenic spot management agency in accordance with the following provisions; if a crime is constituted, criminal responsibility shall be investigated according to law.

If the (I) violates the provisions of the second paragraph of Article 13 and the first paragraph of Article 14, it shall be ordered to stop construction; If corrective measures can be taken to eliminate the impact on the implementation of the plan, it shall be corrected within a time limit and a fine of 5% to 10% of the construction project cost shall be imposed. If corrective measures cannot be taken to eliminate the impact, it shall be demolished within a time limit;

If the (II) violates the second paragraph of Article 14, it shall be ordered to stop the construction and dismantle it within a time limit, and the individual shall be fined more than 20000 yuan.5A fine of less than ten thousand yuan shall be imposed on the unit.20More than ten thousand yuan50A fine of less than ten thousand yuan;

(III) who, in violation of the provisions of Article 22 and Article 24, paragraph 4, engage in fishing activities in prohibited areas or during closed seasons, or use methods such as fried fish, poisonous fish, electric fish or ground cages to destroy fishery resources, confiscate the catch and illegal income and impose a fine of not more than 50000 yuan; if the circumstances are serious, confiscate the fishing gear and revoke the fishing license; if the circumstances are especially serious, confiscate the fishing boat;

If the (IV) violates the provisions of paragraph 1 of Article 24, it shall be ordered to stop the illegal act, take control measures within a time limit, eliminate pollution, and be fined more than 100000 yuan.100A fine of less than 10,000 yuan; if no governance measures are taken within the time limit, the environmental protection department may designate a unit with governance capabilities to govern on its behalf, and the required expenses shall be borne by the offender; if the circumstances are serious, it shall be reported to the people's government with the power of approval for approval and ordered to suspend business, Close down;

If the (V) violates the provisions of items 2 and 3 of Article 24 and item 1 of Article 26, it shall be ordered to stop the illegal act, take control measures within a time limit, eliminate pollution, and impose a fine of more than 20000 yuan.20A fine of less than 10,000 yuan; if no treatment measures are taken within the time limit, the competent department of environmental protection may designate a unit with the ability to treat it on its behalf, and the expenses required shall be borne by the offender;

If the (VI) violates the provisions of Item 5 of Article 24, it shall be ordered to stop the illegal act, remove obstacles within a time limit or take other remedial measures, and shall be fined more than 10000 yuan.5A fine of less than ten thousand yuan;

If the (VII) violates the provisions of Item 6 of Article 24, it shall stop the illegal act, repair the wetland within a time limit or take other remedial measures, confiscate the illegal income, and impose more than 500 yuan per square meter according to the area of the damaged wetland5000A fine of less than yuan; damage to important national wetlands, and in accordance with the destruction of wetland area, per square meter.1000More than yuan1A fine of less than ten thousand yuan;

(VIII) who, in violation of Item 8 of Article 24, destroy forests for reclamation and cause damage to trees shall be ordered to stop the illegal act, and may be fined less than five times the value of the damaged trees by replanting trees in situ or in different places within a time limit; if the forest land is damaged, the competent forestry department of the people's government at or above the county level shall order the cessation of the illegal act and restore vegetation and forestry production conditions within a time limit, may impose a fine of less than three times the cost of restoring vegetation and forestry production conditions;

(IX) who violates the provisions of Item 14 of Article 24 shall be ordered to make corrections and may be subject to more than 500 yuan.2000A fine of less than RMB;

(X) who, in violation of the provisions of item 16 of Article 24, engage in activities that damage the landscape, vegetation, topography and landform, such as mountain opening, quarrying, mining, etc., shall be ordered to stop the illegal act, restore the original state or demolish it within a time limit, confiscate the illegal income and impose a fine of more than 500000 yuan.100A fine of less than ten thousand yuan;

(11) Those who violate the provisions of Item 18 of Article 24 shall be ordered to make corrections. If the pesticide users are agricultural product production enterprises, food and edible agricultural product storage enterprises, specialized pest control service organizations, and farmers' professional cooperatives engaged in agricultural product production, the amount shall be more than 50000 yuan.10A fine of less than 10,000 yuan shall be imposed if the pesticide user is an individual.1A fine of less than ten thousand yuan;

(12) Those who violate the provisions of items 19 and 20 of Article 24 shall be ordered to restore the original state or take other remedial measures50A fine of RMB; carving, smearing or otherwise intentionally damaging cultural relics, places of interest and historical sites under state protection.of, accordingPublic Security Administration Punishment LawThe relevant provisions of the punishment;

(13) In violation of the provisions of Article 24, Item 22, shall be ordered to make corrections, the illegal income shall be confiscated, and more than 100 yuan shall be imposed concurrently500A fine of less than RMB;

(14) whoever, in violation of the provisions of paragraph 16 of Article 24 and paragraph 5 of Article 25, opens up wasteland or repairs graves and erecting monuments shall be ordered to stop the illegal act, restore the original state within a time limit or take other remedial measures, confiscate the illegal income and impose a fine of more than 1000 yuan.1A fine of less than ten thousand yuan;

(15) those who violate the provisions of the first paragraph of Article 28 shall be ordered to stop the illegal act; those who refuse to stop the illegal act shall be fined more than 30000 yuan10A fine of not more than ten thousand yuan shall be imposed and reported to the people's government at or above the county level for an order to dismantle or close down;

(16) in violation of the provisions of article 29, shall be ordered to make corrections; Refusal to make corrections, more than 500 yuan2000A fine of less than RMB;

(17) Those who violate the provisions of Article 36 shall be ordered to stop the illegal act, restore the original state within a time limit or take other remedial measures, confiscate the illegal income and impose more than 50000 yuan10A fine of not more than ten thousand yuan; if the circumstances are serious, a fine of not more than ten thousand yuan shall be imposed concurrently10More than ten thousand yuan20A fine of less than ten thousand yuan.

Article 39Violation of other provisions of these Regulations shall be punished in accordance with relevant laws and regulations.

Chapter V Supplementary Provisions

Article 40These Regulations shall be deliberated and adopted by the People's Congress of the Autonomous Prefecture, submitted to the Standing Committee of the People's Congress of Yunnan Province for deliberation and approval, and shall be promulgated and implemented by the Standing Committee of the People's Congress of the Autonomous Prefecture.

The people's governments of autonomous prefectures may formulate detailed rules for implementation in accordance with these Regulations.

Article 41These Regulations shall be interpreted by the Standing Committee of the People's Congress of the Autonomous Prefecture.