Order of the State Council of the people’s Republic of China

Number 474th

"Scenic spots Ordinance" has been adopted at the 149th executive meeting of the State Council on September 6, 2006, is hereby promulgated and shall come into force as of December 1, 2006.

Prime Minister Wen Jiabao

Two hours, six years in September 19th

Scenic area Ordinance

Chapter one is the first chapter

Article 1 this regulation is formulated in order to strengthen the management of scenic spots, effectively protect and rationally utilize the resources of scenic spots and places of interest.

Second scenic areas of the establishment, planning, protection, utilization and management, the application of this ordinance.

This Ordinance referred to in scenic spots, refers to with ornamental, cultural or scientific value, concentration of natural landscape, cultural landscape, beautiful environment, for people to visit or regional scientific and cultural activities.

Third countries to the scenic area of scientific planning, unified management, strict protection, sustainable use of the principle.

Fourth scenic area located at the county level people’s governments at or above the set of scenic area management agencies, responsible for the protection of scenic spots, utilization and unified management.

Fifth Department of construction of the State Council responsible for the supervision and management of the National Scenic area. Other relevant departments under the State Council shall be responsible for the supervision and administration of the scenic spots in accordance with the division of functions and responsibilities prescribed by the state council.

The competent departments of construction of the people’s governments of the provinces, autonomous regions and the people’s governments of the municipalities directly under the central government shall be responsible for the supervision and administration of the scenic spots within the administrative area. Provinces, autonomous regions and municipalities directly under the central government and other relevant departments in accordance with the provisions of the division of responsibilities, is responsible for the relevant supervision and management of scenic areas.

Sixth any unit or individual has the obligation to protect the scenic resources, and have the right to stop, report the destruction of scenic resources.

The second chapter is the establishment of

Seventh establishment of scenic spots, should be conducive to the protection and rational use of scenic resources.

New set up the scenery scenic spot area and nature reserve shall not overlap or cross; coincides with the scenic areas and nature reserves have been established or cross, the scenery scenic area planning and natural protection zone planning should be coordinated.

Eighth scenic areas are divided into national scenic spots and provincial-level scenic spots.

Natural landscape and the humanities landscape can reflect the important natural processes and historical and cultural development, basically in natural state or to maintain the historical appearance, has on behalf of the state, may apply for the establishment of a national scenic area; has a regional representative, may apply for the establishment of a provincial scenic area.

Article ninth an application for the establishment of a scenic spot shall submit the relevant materials containing the following contents:

(a) the basic situation of scenic resources;

(2) to set up the scope of scenic spots and the scope of the core area;

(3) to set up the nature and objectives of the scenic spots;

(4) the conditions for the establishment of scenic spots;

(5) the contents and results of the consultation with the owner, the owner of the use right of the land, forest and other natural resources and houses in the scenic spots.

Article 10 to establish a national scenic area, the application made by the people’s governments of the provinces, autonomous regions and municipalities directly under the central government, the construction administrative department of the State Council in conjunction with the relevant departments under the State Council in charge of environmental protection departments and the competent forestry department, the Department in charge of cultural relics, such as argument, put forward examination opinions, submitted to the State Council for approval and promulgation.

To establish a provincial scenic area, the people’s governments at or above the county level shall apply for, provinces, autonomous region people’s government department in charge of construction or the people’s governments of the municipalities directly under the central government scenic area departments, jointly with other relevant departments, organize a demonstration proposed review comments, submitted to the provincial, autonomous region, municipality directly under the central government of the people’s government announced the approval of the.

Eleventh scenic areas of land, forests and other natural resources and housing and other property owners, the legitimate rights and interests of the use of the right to be protected by law.

Apply for the establishment of a scenic area of the people’s government should be prior to be submitted for examination and approval, and the scenic area land, forests and other natural resources and housing property ownership, the right to the use of the full consultation.

Due to the establishment of scenic areas of land, forests and other natural resources and housing and other property owners, the use of the right to cause loss, should be given compensation.

The third chapter planning

Twelfth scenic area planning is divided into the overall planning and detailed planning.

Article 13 scenic area master plan preparation shall reflect the man and nature live in harmony and coordinated regional development and economic and social comprehensive progress, insist on the priority conservation, development subject to protection principle, outstanding scenic resources of natural characteristics, cultural connotation and characteristics of local.

The overall planning of the scenic spot shall include the following contents:

(a) the evaluation of landscape resources;

(2) the protection measures of ecological resources, the layout of major construction projects, the development and utilization of strength;

(3) the functional structure and spatial layout of the scenic spots;

(4) to prohibit the development and limitation of the scope of development;

(5) the tourist capacity of scenic spots;

(6) the relevant special planning.

Fourteenth scenic spots should be