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

ts to impose administrative penalty on the acts in violation of the provisions.

　　Chapter IV　Legal Liability

　　Article 26　Whoever indiscriminately fell the forests of ecology and commonweal in violation Article 14 of these Regulations s

hall be ordered by the municipal and district competent departments for forestry to plant five times the number of trees indiscriminately felled， pay the cost of managing and protecting trees with equal ages， have trees illegally felled or the gains from selling such trees confiscated， and have imposed a fine of more than three times but less than five times the value of the trees indiscriminately felled； whoever illegally fells the forests of ecology and commonweal shall be ordered to plant ten times the number of trees illegally felled， pay the cost of managing and protecting trees with equal ages， have trees illegally felled or the gains from selling such trees confiscated， and have imposed a fine of more than five times but less than ten times the value of the trees illegally felled； where a crime is constituted， criminal responsibility shall be investigated in accordance with law.

　　Article 27　Whoever， in violation of Article 15 of these Regulations， reclaims land， quarries stone， digs sand or earth， gathers seeds， exploits mine， cuts firewood， grazes animals， hunts， builds graveyard and other deforestation acts in forests of ecology and commonweal， shall be ordered by the municipal and district competent departments for forestry to stop violating the provisions and pay the cost of managing and protecting trees with equal ages， and it may also be imposed a fine of more than two times but less than five times the value of the forests and trees damaged； where the damage is caused， the losses shall be compensated in accordance law.

　　Article 28　Whoever， in violation of Section 1， Article 16 of these Regulations， occupies lands of forests of ecology and commonweal without approval， or alters the land of forests of ecology and commonweal into the land of commerce or others， where no damage is caused to forests， shall be ordered by the municipal and district competent departments for forestry to stop such illegal activities and restore the original status of forests and forest trees within a specified time limit， and a fine of 30 yuan per square metre area of the forestry land illegal occupied shall be imposed in addition； where damage is caused to forests， shall be ordered by the competent forestry departments at the municipality and district levels to plant three times the number of trees damaged， pay a cost of managing and protecting trees with equal ages， and a fine of more than two times but less than five times the value of the forests and trees damaged shall be imposed in addition.

　　If the municipal department for planning and land， without examination and approval according to the procedures concerned， approves requisition and occupation of the land of forests of ecology and commonweal， the persons in charge of administration who illegally make examination and approval， as well as the persons who are directly responsible， shall be given the administrative sanctions by the municipal administrative department； if the case constitutes a crime， shall be investigated for criminal responsibility in accordance with law.

　　Article 29　For acts such as in misappropriating the cost of forest vegetation restoration without approval， in violation of Section 3， Article 16， the persons who are responsible management shall be investigated for administrative liability by the administrative supervisory departments at the municipality and district level； if the damage is caused， shall be burden compensation liability； if the case constitutes a crime， shall be investigated for criminal responsibility in accordance with law.

　　Aarticle 30 Whoever under one of the following circumstances， in violation of these Regulations， shall be ordered to stop violating of provisions and be imposed a fine of more than 200 yuan but less than 500 yuan in addition by the municipal and district competent departments for forestry； if the damage is caused， shall pay the cost of constructing， managing and protecting tree

s with equal ages and shall be burden compensation liability； if the case constitutes a crime， shall be investigated for criminal responsibility in accordance with law.

　　（1） where using fire in the forests of ecology and commonweal without approval， or violating the provisions of the State or province on safety fire；

　　（2） where failing to accept safety inspection from forests administrative persons and bringing kindling into forests areas without permission；

　　（3） where damaging the equipments or facilities for preventing forests fire；

　　（4） where being not subject to the unified command of the headquarter for prevention forests fire， delaying time to fight fire and influencing the fight against fire and the disaster relief；

　　Article 31　Whoever， in violation of these Regulations， under one of the following circumstances， shall be ordered to eliminate or exterminate plant diseases and insect pests within time limit and may be imposed a fine of more than 500 yuan but less than 2，000 yuan in addition by the Municipal Competent Department for Forestry：

　　（1） where using forest trees and nursery stock with dangerous plant diseases and insect pets for growing seedlings or afforesting；

　　（2） where failing to accept inspection and quarantine conducted by the departments for prevention and control of forestry plant diseases and insect pets， and carrying or transporting the seedlings for forest trees， the timber and the bamboo materials which have been infected by dangerous plant diseases and insect pets；

　　（3） where failing to eliminate or not exercising effective elimination measures while forest plant diseases and insect pets occur， and thus causing a spread disaster of forest plant diseases and insect pets.

　　（4）where concealing and failing to report or falsely reporting epidemic situation， and thus causing a spread disaster of forest plant diseases and insect pets.

　　Article 32

　　After municipal or district competent departments for forestry， according to these Regulations， order the violators to replant forest trees or to eliminate and exterminate forest plant diseases and insect pets， if the persons ordered fail to perform the order or their performance do not satisfied with the requirements concerned， the municipal or district competent departments for forestry shall entrust the units concerned to substitute for performance， and the costs needed shall be bore by the violators.

　　Article 33　If the units， the member thereof and the member of other State organs which are engaged in constructing， managing and protecting the forests of ecology and commonweal abuse their power， neglect their duty or conduct malpractices for personal gain， they shall be investigated for administrative liability； if the damage is caused， they shall be bore compensation liability； if the case constitute a crime， they shall be investigated for criminal liability.

　　Chapter VI　Supplementary Provisions

　　Article 34　The Municipal Government may formulate the implementation rules according these Regulations.

　　Article 35　These Regulations shall enter into force as of October 1， 2002

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