Announcement No. 74 of the Standing Committee of the 10th Jiangxi Provincial People's Congress
The "Jiangxi Province Sanqing Mountain Scenic Area Management Regulations" were adopted at the 22nd meeting of the Standing Committee of the 10th Jiangxi Provincial People's Congress on July 28, 2006, and are hereby promulgated to come into effect on August 1, 2006.
Standing Committee of the Jiangxi Provincial People's Congress
July 28, 2006
Jiangxi Province Sanqing Mountain Scenic Area Management Regulations
Chapter One: General Provisions
Article 1: In order to strengthen the protection and management of the Sanqing Mountain Scenic Area and to make rational use of scenic resources, these regulations are formulated in accordance with relevant laws and administrative regulations, and in light of the actual conditions of the Sanqing Mountain Scenic Area.
Article 2: The boundaries of the Sanqingshan Scenic Area shall be defined according to the boundary coordinates set in the "Overall Plan for Sanqingshan Scenic and Historic Interest Area" (hereinafter referred to as the "Overall Plan") approved by the State Council. Specifically, it includes: Tiyunling, Yujing Peak, Sanqing Palace, Xihuatai, Yuling Temple, Bingyu Cave, Xianqiao Dun, and other scenic spots, as well as attractions like Ba (Shiji) Longtan, Yulian Waterfall, and Fuliangkeng Reservoir.
Article 3: The protection, utilization, and management of the Sanqing Mountain Scenic Area shall follow the principles of scientific planning, unified management, strict protection, and sustainable use.
Article 4: The Sanqingshan Scenic Area Management Committee (hereinafter referred to as the Sanqingshan Administrative Committee) is a dispatched agency of the Shangrao Municipal People's Government, responsible for the protection, utilization, and unified management of Sanqingshan Scenic Area in accordance with these regulations.
All units within the Sanqingshan Scenic Area, except for their respective duties under the leadership of higher-level authorities, must comply with the unified planning and management of the scenic area by the Sanqingshan Management Committee.
Article 5: The responsibilities of the Sanqingshan Management Committee are:
(1) Publicize and implement laws and regulations related to the protection and management of scenic spots;
(2) Organize the implementation of the Sanqing Mountain Scenic Area Master Plan and the Sanqing Mountain Scenic Area Detailed Plan (hereinafter referred to as the "Detailed Plan"), protect and rationally utilize scenic resources;
(3) Formulate and organize the implementation of specific protection and management systems for scenic spots;
(4) Responsible for organizing the investigation, evaluation, and registration of scenic and scenic resources;
(5) Responsible for coordinating relevant units within the protection scope of scenic and scenic spots;
(6) Responsible for managing infrastructure and other public facilities within the protected areas of scenic spots, and improving tour service conditions;
(7) Responsible for other matters related to the protection of scenic and scenic spots.
Article 6: The construction administrative department of the provincial people's government is responsible for the supervision and administration of the Sanqingshan Scenic Area. Other relevant administrative departments of the provincial people's government shall, according to the prescribed division of responsibilities, be responsible for the supervision and management of the Sanqing Mountain Scenic Area.
Chapter 2: Planning
Article 7: The "Master Plan" approved by the State Council and the detailed plans prepared based on it serve as the basis for the protection, utilization, and management of the Sanqing Mountain Scenic Area and must be strictly implemented.
Article 8: The "Detailed Plan" shall be organized and prepared by the Shangrao Municipal People's Government in accordance with the "Overall Plan," reviewed by the provincial people's government construction administrative department, and submitted to the State Council's construction administrative department for approval.
Article 9: The "Detailed Plan" shall determine the site selection, layout, and scale of infrastructure projects, tourism facilities, cultural facilities, etc., based on the different requirements of scenic spots and scenic spots and relevant national technical specifications, and clarify the scope of construction land and planning and design conditions.
The preparation of the "Detailed Plan" shall be entrusted to a unit with a Grade B or above planning qualification level to undertake it.
Article 10: The draft of the Detailed Plan shall widely solicit opinions from relevant departments, experts, and the public; If relevant departments, experts, or the public raise major objections to the draft "Detailed Plan," the Shangrao Municipal People's Government shall conduct the argumentation through meetings, hearings, and other means.
The approval materials submitted for the "Detailed Plan" shall include opinions from all sectors of society, the adoption of such opinions, and the reasons for non-adoption.
Article 11: The Shangrao Municipal People's Government shall publish the main contents of the approved "Master Plan" and "Detailed Plan" to the public through government websites and other means. Any unit or individual has the right to access them.
Article 12: The approved Master Plan and Detailed Plan shall not be modified without authorization. If modifications are necessary, approval must be submitted according to the original approval procedures.
Chapter 3: Protection
Article 13: The landscape and natural environment of the Sanqing Mountain Scenic Area shall be strictly protected and must not be damaged or arbitrarily altered.
The Sanqingshan Administrative Committee shall organize the implementation of protection responsibilities for the landscape and natural environment within scenic areas in accordance with relevant laws and regulations on the protection of scenic resources and scenic spots.
Units, villagers (residents), and tourists within the Sanqing Mountain Scenic Area must not damage the scenery, water bodies, forest vegetation, wildlife, or any facilities within the scenic area.
Article 14: The Sanqingshan Administrative Committee shall investigate and appraise natural and cultural attractions within scenic areas and establish archives; For key protection objects such as special geological relics and cultural landscapes, corresponding protection measures shall be formulated.
Article 15: The Sanqingshan Management Committee shall carry out geological disaster prevention and control within the scenic area, afforestation, as well as forest fire prevention and forestry pest control and other forest resource protection work.
The Sanqingshan Administrative Committee may temporarily close important scenic spots and scenic spots based on forest resource protection, ecological restoration, and forest fire prevention needs, and announce them accordingly.
Article 16: The Sanqing Mountain Scenic Area is classified into special, first-level, second-level, and third-level protection zones according to its landscape value and protection needs. Protected areas at all levels are bounded by erecting stakes and marking boundaries within the Sanqing Mountain Administrative Committee according to the "Master Plan."
Article 17: Within the third-level protection zone of Sanqing Mountain Scenic Area, the following behaviors are prohibited:
(1) Construct various types of development zones;
(2) Construct facilities for storing flammable, explosive, radioactive, toxic, or corrosive materials;
(3) Activities that damage landscapes, vegetation, and topography, such as mountain quarrying, grave repair, and monument erection, sand mining in river channels;
(4) Clearing forests, burning wasteland for reclamation, and hunting wild animals;
(5) Carving or defacing on scenery or facilities;
(6) Arbitrarily discarding or dumping waste;
(7) Discharging untreated sewage into water bodies;
(8) Outdoor cooking or other illegal fire activities in undesignated locations.
Article 18: Within the secondary protection zone of Sanqing Mountain Scenic Area, the following behaviors are prohibited:
(1) Acts listed in Article 17 of these regulations;
(2) Construct buildings such as hotels, guesthouses, training centers, sanatoriums, and entertainment venues;
(3) Constructing engineering facilities unrelated to sightseeing activities;
(4) Smoking, burning incense or candles, or setting off fireworks and firecrackers in unauthorized locations.
Article 19: Within the first-level protection zone of Sanqing Mountain Scenic Area, the following behaviors are prohibited:
(1) Acts listed in Article 18 of these regulations;
(2) Constructing facilities unrelated to safety protection for pedestrian tours;
(3) Providing accommodation beds;
(4) Cultivation and timber harvesting;
(5) Entry of motor vehicles.
Operators of existing hotels within the primary protection zone shall gradually reduce their beds and relocate all existing beds within three years from the effective date of these regulations.
Article 20: Within the special protection zone of Sanqing Mountain Scenic Area, the following behaviors are prohibited:
(1) Acts listed in Article 19 of these regulations;
(2) Constructing any building facilities;
(3) Visitor entry.
Article 21: For the following activities within the Sanqingshan Scenic Area, the opinions of the Sanqingshan Administrative Committee shall be solicited, and approval shall be submitted to the relevant administrative authorities in accordance with relevant laws and regulations:
(1) Setting up and posting advertisements;
(2) Organize large-scale amusement and other activities;
(3) Filming films and television programs;
(4) Other activities that affect ecology and landscape.
Article 22: Any new construction, renovation, or expansion activities within the Sanqing Mountain Scenic Area must go through approval procedures in accordance with relevant laws, regulations, and basic construction procedures.
For major projects such as the construction of cable cars and ropeways within the Sanqing Mountain Scenic Area, the site selection shall be initially reviewed by the provincial administrative department in charge of construction, which will provide preliminary review opinions and submit both the review opinions and all application materials to the State Council's administrative department in charge of construction for approval; site selection for other construction projects shall be approved by the provincial administrative department in charge of construction.
If a construction project may have adverse effects on the growth and habitat of key national and local wild plants and animals, the construction unit must evaluate this in the environmental impact report submitted; the environmental protection administrative department, when approving the environmental impact report, shall seek opinions from the provincial wild flora and fauna administrative department.
Article 23: The layout, height, scale, shape, and color of construction projects within the Sanqing Mountain Scenic Area should maintain the characteristics of the Sanqing Mountain Scenic Area and be in harmony with the surrounding landscape and environment. Existing facilities in the scenic area that pollute the environment or obstruct the landscape shall be dismantled or relocated within the prescribed period by the Sanqing Mountain Management Committee.
Article 24: Units and individuals approved to conduct construction activities within the Sanqing Mountain Scenic Area shall take effective measures to protect the surrounding mountains, water bodies, trees, vegetation, historic sites, geological relics, and other scenery and environment around the construction site; after construction is completed, the site shall be cleared, and the environment restored to its original state.
Article 25: Village (residential) housing construction within the Sanqing Mountain Scenic Area shall be carried out according to unified planning, with the construction scale and land area determined by the Shangrao City land and resources administrative department and the Sanqing Mountain Management Committee in accordance with the law.
Chapter IV: Utilization and Management
Article 26: The Sanqing Mountain Management Committee shall, based on the 'Master Plan' and 'Detailed Plan' of the Sanqing Mountain Scenic Area, make reasonable use of scenic and historic resources, carry out healthy and beneficial sightseeing and cultural and recreational activities, and popularize historical, cultural, and scientific knowledge.
Article 27: The Sanqing Mountain Management Committee shall gradually improve the traffic, service facilities, and sightseeing conditions within the scenic area, reasonably determine the visitor capacity and tour routes of each scenic area and spot, set up standardized place-name signs and signposts, manage the flow of visitors during peak season, and strengthen the management of service personnel such as tour guides and sedan chair carriers.
Article 28: The Sanqing Mountain Management Committee shall establish and improve safety assurance systems, strengthen safety education and management for its staff and tourists, ensure tour safety, and urge operators within scenic areas to consciously accept supervision and inspection by relevant departments in accordance with laws, regulations, and rules.
The Sanqing Mountain Management Committee shall set up necessary safety facilities and warning signs at key locations of the scenic area, and shall not exceed the approved capacity to accommodate tourists, nor conduct tours in areas without safety guarantees.
Article 29: The Sanqingshan Administrative Committee shall strengthen public security and fire management work, promptly stop and handle acts that damage resources in scenic areas or endanger tourists' personal and property safety, and ensure good social order.
Article 30: The Sanqingshan Management Committee shall strengthen supervision and management of environmental and food hygiene within scenic areas, set up necessary sanitation facilities, and maintain a good sanitary environment in the scenic area. Units and individuals engaged in business activities shall comply with relevant regulations on environmental sanitation and food hygiene management.
The Sanqingshan Management Committee shall organize harmless treatment of sewage within scenic areas and arrange unified collection and transportation of construction and domestic waste.
Article 31: Operating vehicles entering the Sanqingshan Scenic Area shall travel according to the route approved by the Sanqingshan Administrative Committee and stop at designated points; Non-commercial vehicles must drive along the routes specified by the Sanqingshan Management Committee and park at designated locations.
Article 32: The management of religious activity venues and the protection of cultural relics within the Sanqing Mountain Scenic Area shall be carried out in accordance with relevant laws, regulations, and rules.
Article 33: Ticket prices for Sanqing Mountain Scenic Area shall be implemented according to standards approved by the provincial people's government price administrative department.
For transportation, services, and other business projects within the Sanqing Mountain Scenic Area, the Sanqing Mountain Administrative Committee shall determine operators through fair competition such as bidding, in accordance with relevant laws, regulations, and the planning of the scenic area.
Units and individuals engaged in business activities within the Sanqing Mountain Scenic Area relying on scenic resources shall pay the usage fee for the Sanqing Mountain scenic and scenic spots. The specific measures for the collection, management, and use of scenic and scenic resource usage fees shall be separately formulated by the provincial people's government.
Article 34: The provincial people's government construction administrative department shall supervise and inspect the implementation of the planning and resource protection status of the Sanqing Mountain Scenic Area. For problems found during inspections, relevant departments or units should be promptly urged to rectify.
Chapter 5: Legal Liability
Article 35: Where the provincial people's government construction administrative department, Shangrao Municipal People's Government, and their relevant departments commit any of the following acts in violation of these regulations, the directly responsible supervisors and other directly responsible personnel shall be subject to administrative sanctions according to their management authority according to law:
(1) Approval to establish various development zones within the Sanqing Mountain Scenic Area;
(2) Construction activities are carried out without approval in accordance with the Sanqing Mountain Scenic Area planning approval;
(3) Unauthorized modification of the Sanqingshan Scenic Area plan;
(4) Other acts of failing to perform supervisory and management duties according to law.
Article 36: If the Sanqingshan Administrative Committee violates these regulations by committing any of the following acts, the Shangrao Municipal People's Government shall order correction; If corrections are refused or serious consequences are caused, the directly responsible supervisors and other directly responsible personnel shall be demoted or removed from their posts:
(1) Approval of construction activities within the Sanqing Mountain Scenic Area that do not conform to the scenic area planning;
(2) Accepting tourists beyond the approved capacity, or conducting sightseeing activities in areas without safety guarantees;
(3) Failure to install or promptly repair damaged scenic area road signs, safety warnings, and other signs;
(4) Failing to investigate and deal with illegal acts discovered and punished;
(5) Neglecting duties, abusing power, or engaging in favoritism and fraud.
Article 37: If any of the following acts occur within the Sanqingshan Scenic Area, the Sanqingshan Management Committee shall order the illegal act to cease, demolish within a specified period, and restore the original condition, and may impose a fine of 30 yuan per square meter of building area; If demolition is not completed within the deadline, restoration to original condition is not achieved, or serious consequences occur, a fine of not less than 100 yuan and not more than 200 yuan per square meter of building area may be imposed, and demolition may be enforced; If losses are caused, compensation liability shall be borne according to law:
(1) Constructing facilities for storing flammable, explosive, radioactive, toxic, or corrosive materials;
(2) Constructing hotels, guesthouses, training centers, sanatoriums, entertainment venues, or other buildings within secondary protection zones, or constructing engineering facilities unrelated to sightseeing activities;
(3) Constructing facilities within first-level protection zones unrelated to pedestrian safety protection;
(4) Constructing building facilities within special protection zones.
Article 38 If any of the following acts occur within the Sanqing Mountain Scenic Area, the Sanqing Mountain Administrative Committee shall order the cessation of the illegal activity and impose a fine of not less than 50 yuan and not more than 100 yuan; if the act continues after being stopped, a fine of not less than 100 yuan and not more than 500 yuan shall be imposed; if it causes damage, compensation shall be borne according to law:
(1) Carving or defacing scenic spots, trees, or facilities;
(2) Randomly discarding or dumping waste;
(3) Tourists entering a special protection area.
Article 39 If graves are built or tombstones erected within the Sanqing Mountain Scenic Area, the Sanqing Mountain Administrative Committee shall order the cessation of the illegal activity, require the restoration of the environment within a specified period, and impose a fine of not less than 2,000 yuan and not more than 10,000 yuan depending on the circumstances.
Article 40 If lodging facilities or farming activities are established within the first-level protection area of the Sanqing Mountain Scenic Area, the Sanqing Mountain Administrative Committee shall order the cessation of the illegal activity and confiscate illegal gains; if corrections are refused, a fine of not less than 5,000 yuan and not more than 20,000 yuan shall be imposed; if it causes damage, compensation shall be borne according to law.
Article 41 Other acts that violate the provisions of these regulations, for which punishment is stipulated to be carried out by other administrative departments according to laws and administrative regulations, shall be executed in accordance with the provisions of laws and administrative regulations.
Chapter VI: Supplementary Provisions
Article 42 These regulations shall come into effect on August 1, 2006.
