深圳市生态公益林条例 Regulations of the Shenzhen Municipality on the Forests of Ecology and Commonweal

深圳市人大常委会公告第53号

（Adopted at the Fifteenth Meeting of the Standing Committee of the Third Shenzhen Municipal People‘s Congress on April 26， 2002 and passed at the Thirty-fifth Meeting of the Standing Committee of the Ninth Guangdong Provincial People’s Congress on July 25， 2002）

颁布日期：20020816 　实施日期：20021001 　颁布单位：深圳市人大常委会

　　Chapter I　General Provisions

　　Article 1　In order to protect and cultivate the forest resources， and to effectively make the roles of the forest to conserve water resource， preserve water and soil， break wind and fix sand， regulate climate， improve ecological environment and　beautify the city， these Regulations， in accordance with the actual conditions of Shenzhen， are hereby　formulated on the basis of the provisions of the Forest Law of the PRC， the Administration Regulations of the Guangdong Province on Forest Protection and other relevant laws and regulations.

　　Article 2　“Forests of ecology and commonweal” mentioned in these Regulations means the forests， which are approved by the provincial people‘s government and checked and ratified by the provincial administrative department for forestry following permission by the municipal people’s government （hereinafter referred to as the “Municipal Government） and submission by the municipal administrative department for forestry （hereinafter referred to as the ”Municipal Competent Department for Forestry）， such as the forest of conserving water supply， the forest of preserving soil and water， the forest of breaking wind and fixing sand， the mangrove-forest， the shelter-forest for farmland， the forests within nature reserves， small areas for nature protection and forest parks， as well as the scenic and decorative forest， the national defense forest， the seed forest， the forest for scientific research and the forests and woods in the scenic spots and historical sites and the places of revolutionary memorial.

　　These Regulations shall apply to the plan， construction， management and protection of the forests of ecology and commonweal.

　　The plan， construction， management and protection of the commodity forests， as well as those of the urban park， shall be implemented in accordance with the provisions of other relevant laws and regulations.

　　Article 3　The Municipal Competent Department for Forestry is responsible for planning， constructing， managing and protecting the forests of ecology and commonweal in the whole city. The district competent departments for forestry are responsible for constructing， managing and protecting the forests of ecology and commonweal in the areas under their jurisdiction.

　　The municipal and district administrative departments， which are responsible for planning land， park afforestation， public security， water affairs， environmental protection， etc.， shall do their best according their duties to assist in constructing and protecting the forests of ecology and commonweal

　　Article 4　People‘s governments at all levels shall bring the construction of the forests of ecology and commonweal into their plans of national economy and social development.

　　The funds， which have been confirmed and brought into legal plan by the Municipal Government， for constructing， managing and protecting the forests of ecology and commonweal shall be placed on the financial budget at all levels. The people‘s governments at all levels shall actively collect the funds in different ways for construction， management and protection of the forests of ecology and commonweal， and encourage the collective economic organizations， the social groups and the personalities of various circles to contribute money for constructing the forests of ecology and commonweal.

　　For the construction， management and protection of the forests of ecology and commonweal， a job responsibility system for achieving objective within the term of office

shall be implemented and the leading persons of the people‘s governments at all levels shall， according to the requirements， sign the instruments of the job responsibility for achieving objective level by level.

　　Article 5　All units and individuals have obligations to protect the forests of ecology and commonweal and shall inform against and put an end to the acts of destroying the forests of ecology and commonweal.

　　The units and individuals who protect actively the forests of ecology and commonweal shall be commended and rewarded.

　　Chapter II　Planning and Construction

　　Article 6　The Municipal Competent Department for Forestry shall make arrangements for formulating the overall plan on the forests of ecology and commonweal， formulate the corresponding legal plan and shall， after comprehensive harmonization by the municipal administrative department for plan and land， submit both plans to the Municipal Urban Plan Commission for examination and approval.

　　The plan of the forests of ecology and commonweal shall be made to dovetail with the overall plan of city and harmonized with the plan of city green-land system.

　　After the plan of the forests of ecology and commonweal is approved， the municipal and district competent departments for forestry shall establish the corresponding systems of geographical information and set up the signs of land boundary.

　　Article 7　The plan of the forests of ecology and commonweal shall be formulated in accordance with geography and geomorphology， soil， hydrographic net， vegetation and climate of the city and actual conditions of social development and include the whole arrangement and harmonization among the fire prevention facilities of forestry， the measures on prevention and elimination of forest plant diseases and insect pests， the protection for terrestrial wild animals and plants and the plan of natural conserves， etc……

　　Article 8　The total area of the forests of ecology and commonweal in the whole city shall not be less than 65% of the land area used for forests， and in it the area of water-resource preservation forests shall not be less than 10%.

　　With respect to the designs for standing forest and forestry species and the selections for wood species， the principles of different forestry species， different compositions， different colors， different functions and many beneficial results shall be implemented in the plan of the forests of ecology and commonweal. The forests and woods which are not in conformity with the requirements of the forests of ecology and commonweal shall be replaced or transformed step by step.

　　Article 9　Using the funds invested by people‘s governments at all levels for the forests of ecology and commonweal， a priority shall be given to constructing the forest for conserving water supply， the forest for preserving soil and water， the forest at coast or road for windbreak and sand-fixation， the scenic forest and the forestry park.

　　The competent departments for forestry at all levels are responsible for making the arrangements to construct the forests of ecology and commonweal， and the collective economic organizations at all levels shall assist and concert with the competent departments for forestry.

　　Article 10　In the construction of the forests of ecology and commonweal， the original geography， geomorphology， soil， hydrographic net and vegetation shall be made use of， the relevant professional and technological standards or technological regulations of the State shall be strictly implemented and the requirements of environmental protection shall be complied with .

　　The construction of the forests of ecology and commonweal shall be determined by means of public bidding and shall be undertaken by design unit and construction units which have relevant credentials.

　　The units in charge of design and construction shall engage in design and constr

uction according to the plan which has been examined and improved， and shall be subject to the supervision and check by the Municipal Competent Department for Forestry.

　　The municipal or district competent departments for forestry are responsible to make the arrangements to check and accept the completed construction project of the forests of ecology and commonweal.

　　Article 11　People‘s governments and competent departments for forestry at all levels shall， according to the standards and requirements established in the plan of the forests of ecology and commonweal， encourage and organize individuals， units and social groups to join different voluntary activities of tree planting， and do their best of the management and protection affairs following tree planting.

　　Chapter III　Administration and Protection

　　Article 12　For the forests of ecology and commonweal and the forest land， a system of registration and certificate issuance shall be implemented. For the rights of owners and operators of the forests of ecology and commonweal and the forest land， the people‘s governments at or above the district level shall compile a register and issue certificate to owners and operators so as to confirm their ownership and right of use.

　　The competent departments for forestry at all levels shall， according to the wood species， the tree species and the distribution thereof， establish a system of registering files of records on the forests of ecology and commonweal in such forms as word， picture and form， chart， photo and electronic information， etc. The detailed measures on registration and administration shall be formulated by the Municipal Competent Department for Forestry.

　　Article 13　The competent departments for forestry at all levels are the responsible persons for administration

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