management regulations of places of historical interest and scenic spots
Release time:2006-09-06    information sources:The Shunan Bamboo Sea    Browsing times:226

May 28, 2010 Adopted by the Sixteenth Meeting of the Standing Committee of the Eleventh People's Congress of Sichuan Province

Chapter I General Provisions

Article 1 These Regulations are formulated in accordance with the Regulations of the State Council on Scenic Spots and related laws and administrative regulations and in light of the actual conditions of Sichuan Province in order to strengthen the management of scenic spots, and to effectively protect and rationally utilize scenic resources.

Article 2 These Regulations shall apply to the establishment, planning, protection, construction, utilization and management of scenic spots in the administrative areas of Sichuan Province.

Article 3 The principle of scientific planning, unified management, strict protection and sustainable utilization shall be practiced in the management of scenic spots.

Article 4 The local people's governments at or above the county level shall integrate the protection and utilization of scenic resources into the national economic and social development planning and urban and rural planning, strengthen the management of scenic spots and realize the harmonious development between man and nature.

Article 5 The administrative department of construction of the provincial people's government shall be responsible for the supervision and administration of the scenic spots and scenic spots of the whole province; the administrative departments of construction of the municipal (county) and county people's governments shall be responsible for the supervision and administration of the scenic spots in their respective administrative areas.

The other relevant departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of the scenic spots and scenic spots according to the division of their duties.

The requirements for the establishment, planning, protection, construction and management of scenic spots shall be included in the departmental consolidated budget.

Article 6 The local people 's governments at or above the county level where the national and provincial scenic spots are located shall set up a scenic spot administrative organ to be responsible for the protection, utilization and unified management of the scenic spots.

Provinces within the administrative boundaries of the scenic area management agencies set by the Provincial People's Government in conjunction with relevant departments of construction and administrative departments in accordance with regulations to determine.

Article 7 All units and individuals have the obligation to protect scenic resources and have the right to discourage, prosecute and sue the destruction of scenic resources.

Article 8 The local people's government at or above the county level and the administrative organ of the scenic spot shall provide support, help and care for the production and living of the indigenous inhabitants of the scenic spot.

Chapter II Establishment

Article 9 Scenic spots are divided into national scenic spots and provincial-level scenic spots.

Natural landscape and cultural landscape can reflect the important natural changes in the process and major historical and cultural development process, the basic state in nature or to maintain the original appearance, with national representation, the application for the establishment of state-level scenic spots; with regional representation, apply for the establishment of provincial Scenic Area.

Article 10 The declaration of national and provincial scenic spots shall be handled in accordance with the provisions of the Regulations of the State Council on Scenic Spots.

The newly established scenic spots and nature reserves shall not overlap or overlap with each other; the planned scenic areas and nature reserves shall overlap or overlap, and the planning, protection, construction and management of scenic spots and nature reserves shall be coordinated.

Article 11 After the establishment and publication of scenic spots and scenic spots, the administrative organ of the scenic spots shall establish the entrance signs at the main entrance of the scenic spots, and mark the boundaries according to the approved scope.

The contents and logo designs of the entrance signs of state-level scenic spots shall be examined and approved by the competent administrative department of construction under the State Council.

The content of the entrance mark and the logo emblem of the provincial scenic area shall be examined and approved by the administrative department of construction of the provincial people's government.

Chapter III Planning

  Article 12 After the establishment of a scenic spot, it shall, according to law, compile a plan for the scenic spot. Scenic spots are divided into general planning and detailed planning.

Article 13 The overall planning of the scenic spots and scenic spots shall be formulated in accordance with the requirements of harmonious development of man and nature, harmonious development of the region and overall economic and social progress, insisting on the principle of protection first and exploitation, and highlighting the natural characteristics and cultural connotations of scenic resources And local features.

The master plan of a scenic spot shall include the following contents:

(1) landscape resources evaluation;

(2) Protection measures of ecological resources, layout of major construction projects, intensity of exploitation and utilization;

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

(4) prohibiting the development and limitation of the scope of development;

(5) Visitors' capacity in scenic spots;

(6) relevant special plans.

Scenic spots should be from the date of establishment within 2 years to complete the master plan. The overall planning period is generally 20 years.

The environmental impact assessment shall be carried out according to the overall planning of scenic spots.

Article 14 The detailed planning of scenic spots and scenic spots shall be based on the different requirements of the core scenic spots and other scenic spots, and shall determine the location, layout and scale of the infrastructure projects, tourism facilities, cultural facilities and other construction projects, and make clear the scope of land for construction and planning and design conditions.

Detailed planning of scenic spots shall conform to the overall planning of scenic spots.

Article 15 The overall planning for the preparation of scenic spots shall be integrated with the national economic and social development plan, urban and rural planning, and overall land use planning, and shall conform to relevant national technical norms and standards.

The planning of towns, townships and villages within the scenic spots and scenic areas shall be coordinated with the planning of the scenic spots.

Article 16 The planning of a national-level scenic spot shall be formulated by the administrative department of construction of the provincial people's government; the provincial-level scenic spot planning shall be formulated by the local people's government at the county level.

The planning of scenic spots in the administrative areas shall be formulated by the people's government or its administrative department in charge of construction for the establishment of scenic spots.

Article 17 The planning of scenic spots and scenic spots shall be made in accordance with the law, and shall be selected by means of fair competition such as tendering, comparison and selection, etc., with the unit of the corresponding qualification level:

(1) For the overall planning and detailed planning of a national-level scenic spot, it shall select the units that have Class-A urban planning or landscape-garden qualification certificates;

(B) the provincial-level scenic spots in the overall planning and detailed planning, should choose to have more than B city planning or landscape architecture qualification certificate unit preparation.

Article 18 In the planning of scenic spots and scenic spots, the opinions of the relevant state organs, social organizations, enterprises and public institutions, the public and experts shall be solicited extensively; if there is any major public interest or has significant interests with others, a hearing shall be conducted.

The material submitted for examination and approval of the planning of scenic spots and scenic spots should include the views of the relevant parties and the community, the adoption of opinions and the reasons for their failure to be adopted.

Article 19 The examination and approval of the overall planning and detailed planning of scenic spots shall be carried out in accordance with the provisions of the "Scenic Sites Regulations" of the State Council.

The planning of a scenic spot shall, upon approval, be promulgated to the public through various media according to law, and any organization or individual shall have the right to consult it.

Article 20 Units and individuals in the scenic spots shall abide by the planning of the scenic spots and the planning and management.

If the loss of the owner or the owner of the property such as land, forest land and other natural resources and houses in the scenic spot area is caused by the implementation of the scenic spot planning, compensation shall be given according to law.

Article 21 The planning of an approved scenic spot shall not be modified without legal procedures. If it is really necessary to revise it, it shall be reported to the original examining and approving organ for approval in accordance with the legal procedures. Scenic spots planning without approval, shall not be in the scenic area for all kinds of construction activities, except as otherwise provided by laws and regulations.

  Chapter IV Protection

  Article 22 It is forbidden to set up various kinds of development zones in the scenic spots and scenic areas and prohibit the construction of hotels, guest houses, training centers, sanatoriums and other buildings and structures unrelated to the protection of scenic resources within the core scenic spots. Scenic spots planning, and gradually removed or moved out, should be given compensation, according to compensation.

It is forbidden to lease, sell scenic resources and scenic spots.

Article 23 The administrative organ of a scenic spot shall, in conjunction with the relevant departments of the people 's government at the place where the scenic spot is located, make an analysis of the ancient buildings, ancient gardens, historical and cultural blocks, relics, ancient and famous trees, wildlife resources, special geology Geomorphology and other survey registration, monitoring, and take the establishment of the file, set the flag, restrict the flow of tourists and other measures for strict protection.

Article 24 The administrative organ of a scenic spot shall, in conjunction with the relevant departments of the people's government at the locality of the scenic spot, make afforestation and afforestation, forest fire prevention and prevention and control of pests and diseases in accordance with the relevant laws and regulations and do a good job in the prevention and control of landslides and other geological disasters; jobs.

Article 25 The administrative organ of a scenic spot shall, in conjunction with the relevant departments of the people's government of the place where the scenic spot is located, establish and improve rules and regulations for afforestation and afforestation, forest sealing and fire prevention and pest control and the implementation of various management responsibility systems and tending management in accordance with the planning requirements.

Scenic spots within the forest trees are special purpose. The administrative department of forestry of the local people's government shall, prior to the approval, solicit opinions from the administrative organ of the scenic spot, and handle the matter in accordance with the relevant laws and regulations of the State. Article 18 The administrative department of forestry of the local people's government shall, in accordance with the relevant laws and regulations of the state, prohibit the harvesting.

Article 26 Collecting species specimens, wild medicinal herbs and other forest by-products in the scenic spots and scenic spots shall be approved by the administrative organ of the scenic spots and areas, and the collection of the national key protected wild plants shall be handled in accordance with the law and be collected in designated places.

Article 27 The following activities are forbidden in the scenic spots:

(A) more than scenic spots in the overall planning to determine the capacity to receive tourists;

(2) illegally occupying lands in scenic spots;

(3) to engage in the activities of altering the landscape and damaging the environment and landscape by digging, quarrying, sand dredging, leaching land around the lake, digging out wasteland, repairing graves and erecting monuments;

(4) cutting and destroying ancient and famous trees;

(5) to depict and depict landscapes and public facilities without permission;

(6) Smoking and fires in the area of fire prevention;

(7) hunting and harassing all kinds of wild animals;

(8) climbing trees, bamboo, flowers, grass;

(9) to throw litter into water or land;

(10) open livestock, illegal grazing;

(11) other acts of damaging the landscape, ecology and environmental sanitation.

Article 28 Rivers and lakes within the scenic spots and scenic spots shall be protected and renovated according to the planning requirements of the scenic spots, and no unit or individual shall be allowed to change the natural environment of the river system without authorization.

Article 29 The protection of biological species resources of scenic spots and scenic spots, the maintenance of the biodiversity and peculiarities of scenic spots, shall not introduce alien biological species or genetically modified species into scenic spots. If it is necessary to introduce such a product, it shall be examined and approved by the quarantine department and approved by the relevant competent authority.

Article 30 The construction of facilities for the storage or transportation of dangerous goods such as explosive, flammable, radioactive, poisonous and corrosive articles, or other facilities that damage the landscape, pollute the environment, impede the tour and endanger the ecology of the scenic spots, public safety Of the buildings and structures.

Article 31 The administrative organ of scenic spots and scenic spots and the people's government and relevant departments where the scenic spots are located shall establish and perfect a fire prevention organization and perfect the fire prevention facilities.

The people 's government and relevant departments under the administrative department of scenic spots and scenic spots and the relevant departments shall, in accordance with the provisions of laws and regulations, examine the historical and cultural monuments, historical and cultural blocks, ruins, sites and other humanistic scenes and their locations in the scenic spots and historic sites, ancient gardens, Strict environmental protection, regular maintenance, good management, establish and improve the responsibility system, the implementation of fire prevention, lightning protection, flood control, earthquake prevention, termite control and other measures.

Article 32 Residents, tourists and other persons in the scenic spots and scenic spots shall protect scenic resources, take good care of public facilities, maintain environmental hygiene and public order, and abide by the relevant administrative regulations.

  Chapter V Construction

  Article 33 The construction activities in scenic spots shall be carried out in accordance with the planning of scenic spots.

The construction projects conforming to the planning of scenic spots shall be examined and approved by the administrative organ of the scenic spots, and the construction project site permits, construction project planning permits and construction project construction licenses shall be handled in accordance with the law.

The administrative organ of the scenic spot shall cooperate with the administrative department of construction of the local people 's government of the scenic spot to do the work of supervision on the quality and safety of the construction project and the completion and acceptance of the project.

The site selection, construction design and construction plan of the rural housing construction shall be examined and approved by the administrative organ of the scenic spot and the planning and construction of the scenic spot shall be handled according to law.

Article 34 The construction projects of scenic spots shall be subject to examination and approval according to the following provisions:

(1) The construction of key construction projects such as roads, ropeways, cable cars, large-scale cultural facilities, sports facilities and amusement facilities, hotels and landmarks set up in the scenic spots of the national level in conformity with the scenic spots planning requirements; And submit it to the administrative department of construction of the People's Government of the province for review and submit to the competent department of construction and administration of the State Council for approval and approval in accordance with the prescribed procedures. Its design plan shall be examined and approved by the administrative department of construction of the provincial people's government;

(2) Other construction projects in the national-level scenic spots that conform to the planning and construction of highways, ropeways, cable cars, large-scale cultural facilities, sports facilities and amusement facilities in the provincial-level scenic spots, hotels and landmarks of the scenic spots And other major construction projects in line with the planning of the site selection and design, should be scenic spots management agencies to submit comments on the audit, the Provincial People 's Government Construction Administration approved the examination and approval;

(C) provincial-level scenic spots in line with the planning of other construction projects, the site selection and design, should be scenic spots management agencies to submit comments on the views of the municipal (state) people's government construction administrative departments for examination and approval.

Article 35 In construction and construction within the scenic spots and scenic spots, effective measures shall be taken to protect vegetation, water bodies and landforms. After the completion of the project, the site shall be cleaned and the vegetation restored.

 Chapter VI Utilization and Management

  Article 36 The administrative organ of a scenic spot shall authorize or accept, in accordance with the laws and regulations, the local people's government at or above the county level and the relevant departments to entrust the exercise of the relevant administrative functions and powers.

Article 37 Duties of the administrative organ of the scenic spot:

(1) To propagandize and implement laws and regulations on scenic spots, nationalities, religions, cultural relics, forestry, land resources, environmental protection, tourism and security;

(B) the protection of scenic resources and ecological environment, scenic spots to maintain the natural landscape and cultural landscape, rational use of scenic resources;

(3) To assist in the preparation of master plans and detailed plans and organize the implementation of the plan, according to the overall planning of the scenic spots of new construction, expansion and renovation projects for the first instance and reported according to the procedures;

(4) To construct, maintain and manage the infrastructures and public facilities of the scenic spots and scenic spots, and standardize the signs of the scenic spots, and the safety warning signs;

(5) To formulate the management system of scenic spots and scenic spots and the prevention mechanism and contingency plans for emergencies and emergencies, and be responsible for the safety, environmental sanitation, public security and service management of tourists in the scenic spots;

(6) Organizing and assisting residents of scenic spots to develop local production and service undertakings, protecting national and folk traditional culture, stopping and restricting the destruction of the landscape and polluting the environment;

(7) to organize and take charge of the bidding and signing work of the scenic spots management projects, and supervise the units and individuals that carry out business activities within the scenic spots area to operate according to law;

(8) responsible for the sale of scenic spots tickets to collect scenic resources, paid use fees;

(Nine) according to the characteristics of scenic resources, at home and abroad, inside and outside the province to introduce the characteristics of scenic spots;

(10) To do a good job in the construction and management of the information system of the scenic spots supervision and management; to timely release the information related to tourism and the weather and visibility of the scenic spots; to establish and improve the archives system and investigation and statistics work, submit the relevant information on time and form complete data; , Properly preserved;

(11) To guide the enterprises in the scenic spots to do a good job in the training and management of the staff and workers, and to carry out natural disasters and emergency training for employees on a regular basis to improve their quality.

Article 38 The administrative organ of a scenic spot shall not engage in the business activities for the purpose of profit, nor may the administrative functions of planning, administration and supervision be entrusted to the enterprise or individual to exercise it.

The personnel of the administrative organ shall not work part-time in the enterprises within the scenic area.

Article 39 The operation of a project in a scenic spot refers to the activities that a citizen, legal person or other organization may, in accordance with the present Regulations and other relevant laws and regulations, obtain the right to engage in the investment or operation of the whole or individual project in the scenic area.

Scenic spots include traffic, food and beverage, accommodation, merchandise sales, entertainment, photography, video, outdoor advertising and tourist services in scenic areas, except for business activities in religious venues.

Article 40 The management plan of the specific business items, such as the type, standard, condition, term and scope of the business items in the scenic spots and scenic spots shall be worked out by the administrative organ of the scenic spot and submitted to the administrative department of construction of the local people's government at or above the county level for examination and approval.

Scenic spots within the transport and other major project management program, the Provincial People's Government should be the construction administrative departments of relevant departments and experts to conduct feasibility studies and examination and approval before they can organize the implementation.

Article 41 The administrative organ of a scenic spot shall, in accordance with the relevant laws and regulations and the planning of scenic spots and areas, adopt the method of fair competition in bidding to determine the project operator and conclude a business contract with the project operator to determine their respective rights and obligations in accordance with the law.

The major project operation contract shall be reported to the administrative department of construction of the provincial people's government for the record.

Article 42 The project operator shall, in accordance with the project operation contract, pay the paid use fee for the scenic resources, carry out business activities within the time limit, region and scope stipulated in the contract, protect the scenic resources and safeguard the public interests and public safety.

Article 43 No unit or individual that has not obtained the operation of the project within the scenic area shall engage in business activities in the scenic spot.

The units and individuals that have obtained the operation of the scenic spot area project shall not change or exceed the business place, scope, time limit and charging standard stipulated in the contract to carry on the business. No major projects shall be closed down or closed down without authorization.

Article 44 Units and individuals that benefit from the use of scenic resources to engage in other activities within the scenic spot shall pay the fee for the use of the scenic resources in accordance with the relevant provisions to the administrative organ of the scenic spot.

Article 45 The income from ticket sales of scenic spots and the paid use fees for scenic resources shall be subject to the administration of revenue and expenditure in accordance with the relevant laws and regulations.

Scenic spots of the ticket sales and scenic resources, paid use fees should be devoted to the protection and management of scenic resources and scenic areas of property owners, the loss of compensation for the right to use. The specific administrative measures shall be formulated by the provincial people's government in accordance with the relevant laws and regulations of the State.

Scenic spots of the ticket price should be for the elderly, active duty, disabled, students in the implementation of concessions, the specific preferential measures formulated by the Provincial People's Government.

Article 46 In setting up and posting commercial advertisements, holding large-scale amusement, film and television and entertainment activities in the scenic spots and scenic spots, it shall be examined and approved by the competent administrative organ of the scenic spots according to regulations and then submitted to the relevant competent department for approval and pay the paid use fee for scenic resources according to regulations. And ecological restoration margin.

Article 47 Vehicles and vessels entering a scenic spot shall abide by the relevant provisions of the administrative organ of the scenic spot and shall follow the prescribed route and park and park at the specified place.

Article 48 In accordance with the scale of scenic spots, the protection of resources and the needs of public security work, a public security organ dispatched office or police office may be established.

Chapter VII Legal Liability

  Article 49 Any act in violation of these Regulations shall be punished in accordance with the provisions of the Regulations of the State Council on Scenic Spots and other relevant laws and regulations.

Article 50 The local people's governments at or above the county level and the relevant departments may entrust the administrative organ of scenic spots to exercise the relevant administrative penalty power.

Article 51 Whoever, in violation of the provisions of Article 26 of these Regulations, collects species specimens, wild medicinal herbs and other forest by-products without the consent of the administrative organ of the scenic spots shall be ordered by the administrative organ of the scenic spot to make corrections and be given criticism and education. Above 2,000 yuan fine.

Article 52 Whoever, in violation of the provisions of (2), (6), (8) and (10) of Article 27 of these Regulations, is criticized and educated by the administrative organ of the scenic spot shall be punished with l00 yuan or more, fine.

Article 53 Where any unit or individual that has not obtained the operation of the project in the scenic spot is engaged in business activities in the scenic spot without authorization in accordance with the first paragraph of Article 43 of these Regulations, the administrative organ of the scenic spot shall order it to correct and give criticism and education , And impose a fine of 1,000 yuan to 5,000 yuan.

If the units and individuals that have not obtained the operation of the scenic spots in the scenic spot area manage the major projects without authorization in the scenic spots and areas, the construction administrative departments of the local people 's governments at or above the county level shall order them to make corrections within a prescribed time limit. If illegal gains are found, the illegal gains shall be confiscated and a 50,000 yuan Above 20 million fine.

Article 54 Where any unit or individual that has obtained the operation of a scenic area project in violation of the provisions of the second paragraph of Article 43 of these Regulations changes or exceeds the business place, scope, time limit and charging standard as stipulated in the contract, The administrative organ of the scenic spot shall order it to make corrections within a prescribed time limit. If there are illegal gains, the illegal gains shall be confiscated and a fine of not less than 100 yuan but not more than 2,000 yuan shall be imposed.

If the major projects change or exceed the business place, scope, time limit and charging standard stipulated in the contract, the construction administrative department of the local people's government at or above the county level shall order it to make corrections within a prescribed time limit and confiscate the illegal gains. And impose a fine of not less than 10,000 yuan but not more than 50,000 yuan; if the circumstances are serious, terminate the project operation contract.

Article 55 Where any vehicle, vessel or other means of transport that has entered the scenic spot in violation of the provisions of Article 47 of these Regulations fails to travel according to prescribed routes or is not parked or parked at the prescribed place, the scenic spot administrative organ shall order Correction, to give criticism and education, may be punishable by 100 yuan to 500 yuan fine.

Article 56 Where, in violation of the provisions of these Regulations, a scenic spot administrative organ has any of the following acts, it shall be ordered to correct by the local people's government at or above the county level where the administrative organ for the scenic spot is established; where the circumstances are serious, the directly responsible administrative personnel and other directly- The responsible person shall be given an administrative sanction; if a crime is constituted, the criminal responsibility shall be investigated according to law:

(1) illegally leasing or selling scenic resources or scenic spots;

(2) Unauthorized collection of the fees for the paid use fees for tickets and scenic resources;

(C) abuse of power, dereliction of duty caused serious consequences.

Article 57 The illegal acts stipulated in Article 51, Article 52, Article 53, Paragraph 1, Article 55, Article 55 of these Regulations, the relevant departments have already In accordance with relevant laws and regulations shall be punished, scenic management agencies are no longer punished.

Article 58 Whoever infringes upon the state, collective or individual property under the provisions of Articles 51 to 55 of the present Regulations shall bear civil liability according to law; if a crime is constituted, the criminal responsibility shall be investigated according to law.

Chapter VIII Supplementary Provisions

 Article 59 The meaning of the relevant terms in these Regulations:

(1) Scenic resources refer to the natural scenery, cultural relics and historic sites, revolutionary memorials and historical sites, which are composed of mountains, rivers, lakes, landforms, forests, animals and plants, fossils, special geology, astronomical phenomena and so on, with ornamental, cultural or scientific value. Cultural areas, historical sites, historical sites, gardens, buildings, engineering facilities and other aspects of the human landscape and their environment and customs.

(2) Scenic spots and scenic spots refer to scenic spots where scenic resources are concentrated, the natural environment is beautiful, and there is a certain scale and tour conditions. The State Council or the People's Government of the People's Republic of China has approved the promulgation and delimitation of the scope for people to visit, watch, rest and carry out scientific and cultural activities. area.

Article 60 Scenic spots set up by the municipal (county) and county people's governments may be implemented with reference to these Regulations.

Article 61 These Regulations shall go into effect as of August 1, 2010. The Regulations on the Administration of Scenic Areas in Sichuan Province adopted at the 9th Session of the Standing Committee of the 8th Sichuan Provincial People 's Congress on May 28, 1994 shall be repealed simultaneously.

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