(Adopted at the 22nd Meeting of the Standing Committee of the Tenth People's Congress of Jiangxi Province on July 28, 2006)
Announcement No. 74 of the Standing Committee of the Tenth People's Congress of Jiangxi Province
The Regulations on the Administration of Sanqingshan Scenic Area in Jiangxi Province, adopted at the 22nd Meeting of the Standing Committee of the Tenth People's Congress of Jiangxi Province on July 28, 2006, is hereby promulgated and shall come into force as of August 1, 2006.
Standing Committee of Jiangxi Provincial People's Congress
July 28, 2006
Article 1 These regulations are formulated in accordance with relevant laws and administrative regulations, and in light of the specific conditions of the Sanqingshan Scenic Area, to strengthen its protection and management, and to ensure the rational utilization of its tourism resources.
Article 2 The boundaries of the Sanqingshan Scenic Area shall be delineated according to the coordinates defined in the Master Plan for Sanqingshan Scenic Area (hereinafter referred to as the "Master Plan") approved by the State Council. The area includes, but is not limited to: Tiyun Ridge, Yujing Peak, Sanqing Palace, Xihua Terrace, Yuling Temple, Bingyu Cave, Xianqiao Pier, as well as other areas such as Balongtan, Yulian Waterfall, and Fulangkeng Reservoir.
Article 3 The protection, utilization and management of Sanqingshan Scenic Area shall adhere to the principles of scientific planning, unified management, strict protection and sustainable utilization.
Article 4 The Sanqingshan Scenic Area Administrative Committee (hereinafter referred to as the Sanqingshan Administrative Committee), an agency established by the Shangrao Municipal People's Government, is responsible for the protection, utilization and unified management of the Sanqingshan Scenic Area in accordance with these regulations. All departments in the Sanqingshan Scenic Area must comply with the unified planning and management of the Sanqingshan Administrative Committee in matters pertaining to the scenic area, notwithstanding their operational subordination to their respective competent authorities at higher levels.
Article 5 The responsibilities of the Sanqingshan Administrative Committee include:
(1) Publicizing and enforcing laws and regulations concerning the protection and management of the scenic area;
(2) Organizing the implementation of the Master Plan and the Detailed Plan for Sanqingshan Scenic Area (hereinafter referred to as "Detailed Plan"), and ensuring the protection and rational utilization of scenic resources;
(3) Formulating and organizing the implementation of specific protection and management systems for the scenic area;
(4) Taking charge of the investigation, evaluation, and registration of scenic resources;
(5) Coordinating the activities of relevant units within the protected area of the scenic area;
(6) Managing infrastructure and other public facilities within the protected area, and improving services for tourists;
(7) Handling other matters related to the protection of the scenic area.
Article 6 The provincial construction department under the Jiangxi Provincial People's Government shall be responsible for the supervision and administration of the Sanqingshan Scenic Area. Other relevant provincial administrative departments shall, within their prescribed functions and duties, be responsible for the supervision and administration of the Sanqingshan Scenic Area.
Chapter II Planning
Article 7 The Master Plan approved by the State Council and the Detailed Plan formulated on its basis are the foundation for the protection, utilization, and management of the Sanqingshan Scenic Area and must be strictly implemented.
Article 8 The Shangrao Municipal People's Government shall organize the preparation of Detailed Plan in accordance with the Master Plan. These plans shall be reviewed by the provincial construction administrative department and submitted to the construction administrative department under the State Council for approval.
Article 9 The Detailed Plan shall be prepared according to the different requirements of scenic spots and areas, and in compliance with relevant national technical standards. They shall determine the location, layout, and scale of tourism infrastructure, cultural facilities, and other construction projects, and define the scope of construction land and planning design conditions.
The preparation of the Detailed Plan shall be entrusted to a qualified entity holding a Grade B certification or above.
Article 10 The draft Detailed Plan shall extensively solicit opinions from relevant departments, experts, and the public. If substantial objections are raised by relevant departments, experts, or the public, the Shangrao Municipal People's Government shall hold discussions or other forms of hearings for justification.
The materials submitted for approval of the Detailed Plan shall include the opinions gathered from all sectors of society, along with explanations for any opinions not adopted.
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 forms. Any unit or individual has the right to access these plans.
Article 12 The approved Master Plan and the Detailed Plan shall not be modified without authorization. If amendments are genuinely necessary, they must be submitted for approval following the original examination and approval procedures.
Chapter III Protection
Article 13 The landscape and natural environment of the Sanqingshan Scenic Area shall be strictly protected and shall not be damaged or altered arbitrarily.
The Sanqingshan Administrative Committee shall, in accordance with laws and regulations on scenic resource protection, organize and implement measures to protect the landscape and natural environment.
All units, villagers, and tourists within the Sanqingshan Scenic Area are prohibited from damaging the scenery, water bodies, forest and grass vegetation, wild animals, or any facilities of the scenic area.
Article 14 The Sanqingshan Administrative Committee shall investigate, identify, and establish archives for the natural and cultural landscapes within the scenic area. It shall formulate corresponding protection measures for special geological heritage, cultural landscapes, and other key protected objects.
Article 15 The Sanqingshan Administrative Committee shall effectively protect forest resources, including tasks such as geological disaster prevention, afforestation, forest fire prevention, and forestry pest control.
When necessary for forest resource protection, ecological restoration, or forest fire prevention, the Sanqingshan Administrative Committee may temporarily close important scenic spots or areas and shall make a public announcement.
Article 16 Based on landscape value and preservation needs, the Sanqingshan Scenic Area is divided into four protection zones: S-Class, A-Class, B-Class, and C-Class.
The Sanqingshan Administrative Committee is responsible for demarcating the boundaries of each class of protection zone with boundary markers, in accordance with the scope defined in the Master Plan.
Article 17 In the C-Class Protection Zone of the Sanqingshan Scenic Area, the following acts are prohibited:
(1) Constructing any type of development zone;
(2) Building any facility for storing flammable, explosive, radioactive, toxic, or corrosive materials;
(3) Quarrying, excavating sand from rivers, building graves, erecting monuments, and other activities that may damage landscapes, vegetation, terrain, and landforms;
(4) Felling trees, burning grass for land reclamation, or hunting wild animals;
(5) Scratching, carving, or defacing any scenery or facility;
(6) Littering or illegally dumping waste;
(7) Discharging untreated sewage into water bodies;
(8) Cooking at non-designated sites or using fire in violation of regulations.
Article 18 In the B-Class Protection Zone of the Sanqingshan Scenic Area, the following acts are prohibited:
(1) The acts listed in Article 17 of these regulations;
(2) Constructing any buildings such as hotels, guesthouses, training centers, sanatoriums, or entertainment venues;
(3) Constructing engineering facilities unrelated to sightseeing activities;
(4) Smoking, burning incense and candles, or setting off fireworks and firecrackers at non-designated sites.
Article 19 In the A-Class Protection Zone of the Sanqingshan Scenic Area, the following acts are prohibited:
(1) The acts listed in Article 18 of these regulations;
(2) Building any facility unrelated to safety protection for walking tours;
(3) Establishing hotel accommodation (setting up hotel beds);
(4) Cultivating crops or logging trees;
(5) Entry of any motor vehicles;
Operators managing hotels within the A-Class Protection Zone shall gradually reduce the number of beds and completely remove all accommodation facilities within three years from the effective date of these regulations.
Article 20 In the S-Class Protection Zone of the Sanqingshan Scenic Area, the following acts are prohibited:
(1) The acts listed in Article 19 of these regulations;
(2) Constructing any buildings or facilities;
(3) Entry of any tourists.
Article 21 Before carrying out the following activities within the Sanqingshan Scenic Area, a unit must consult the Sanqingshan Administrative Committee and report to the relevant competent administrative departments for approval in accordance with laws and regulations:
(1) Erecting or posting advertisements;
(2) Holding activities such as large-scale amusement projects;
(3) Shooting films or TV programs;
(4) Other activities that may potentially impact the ecology and landscape.
Article 22 Construction, renovation, expansion, and other construction activities within the Sanqingshan Scenic Area must undergo examination and approval procedures in accordance with relevant laws, regulations, and capital construction procedures.
The provincial construction administrative department is responsible for the preliminary review of application materials and shall provide preliminary review opinions on the site selection for major projects such as cable cars and ropeways. These opinions and all application materials shall then be submitted to the construction administrative department under the State Council for final examination and approval. The site selection for other construction projects shall be examined and approved by the provincial construction administrative department.
If a construction project may adversely affect the growth or habitat of national or local key protected wildlife, an assessment must be included in the environmental impact report submitted by the construction unit. When examining and approving the environmental impact report, the competent administrative department for environmental protection shall consult the provincial wildlife administrative department.
Article 23 The layout, height, volume, shape, and color of construction projects within the Sanqingshan Scenic Area must maintain the characteristics of the Sanqingshan Scenic Area and harmonize with the surrounding landscape. If existing facilities within the scenic area cause pollution or obstruct the view, the Sanqingshan Administrative Committee shall order their demolition or relocation within a specified timeframe.
Article 24 Departments and individuals approved to carry out construction activities within the Sanqingshan Scenic Area shall take effective measures to protect the scenery and environment of the construction site, including mountains, water bodies, forest vegetation, cultural relics, and geological relics. Upon completion of construction, the site shall be cleared and the original environment restored.
Article 25 Houses built by villagers (residents) within the Sanqingshan Scenic Area must conform to the unified plan. The construction scale and land use area shall be determined by the Shangrao Municipal Administrative Department of Land and Resources and the Sanqingshan Administrative Committee in accordance with the law.
Chapter IV Utilization and Management
Article 26 The Sanqingshan Administrative Committee shall, in accordance with the Master Plan and Detailed Plan, make rational use of scenic resources, organize healthy and beneficial sightseeing, cultural, and recreational activities, and promote historical, cultural, and scientific knowledge.
Article 27 The Sanqingshan Administrative Committee shall progressively improve transportation, service facilities, and tourist conditions. It shall reasonably determine the tourist carrying capacity and routes for each scenic spot and area, and set up standardized place name signs and road signs. It shall effectively manage tourist flow during peak seasons and strengthen the management of tour guides, sedan chair carriers, and other service personnel.
Article 28 The Sanqingshan Administrative Committee shall establish and improve a safety guarantee system, strengthen safety education and management for staff and tourists, ensure tourist safety, and urge business operators within the scenic area to consciously accept supervision and inspection conducted by relevant departments according to laws and regulations.
The Sanqingshan Administrative Committee shall install necessary safety facilities and warning signs in critical sections of the scenic area. It shall not admit tourists exceeding the approved capacity, nor organize tourist activities in areas without safety guarantees.
Article 29 The Sanqingshan Administrative Committee shall strengthen public security and fire control management, promptly stop and deal with acts that damage scenic resources or endanger the personal and property safety of tourists, thereby ensuring good social order.
Article 30 The Sanqingshan Administrative Committee shall strengthen supervision over environmental and food hygiene, install necessary sanitation facilities, and maintain a clean and hygienic environment. Units and individuals engaged in business activities must comply with relevant regulations on environmental and food hygiene.
The Sanqingshan Administrative Committee shall organize the harmless treatment of sewage and arrange for the unified collection and disposal of construction and domestic waste.
Article 31 Operating vehicles entering the Sanqingshan Scenic Area must follow routes approved by the Sanqingshan Administrative Committee and park at designated points. Non-operating vehicles must follow the routes prescribed by the Sanqingshan Administrative Committee and park at designated locations.
Article 32 The management of religious activity sites and the protection of cultural relics within the Sanqingshan Scenic Area shall be carried out in accordance with relevant laws, regulations, and rules.
Article 33 Ticket prices for the Sanqingshan Scenic Area shall be implemented according to the standards approved by the provincial price administrative department.
For transportation, service, and other commercial projects within the Sanqingshan Scenic Area, the Sanqingshan Administrative Committee shall determine operators through fair competition methods such as bidding, in accordance with relevant laws, regulations, and the scenic area plans.
Units and individuals engaged in business activities within the Sanqingshan Scenic Area that rely on scenic resources shall pay a scenic resource use fee. Specific measures for the collection, management, and use of these fees shall be separately formulated by the provincial people's government.
Article 34 The provincial construction administrative department shall supervise and inspect the planning implementation and resource protection of the Sanqingshan Scenic Area. Regarding problems identified during inspections, it shall urge the relevant departments or units to carry out timely rectification.
Chapter V Legal Liability
Article 35 Where the provincial construction administrative department, the Shangrao Municipal People's Government and its relevant departments, in violation of these regulations, commit any of the following acts, the directly responsible person-in-charge and other directly responsible personnel shall be given administrative sanctions according to their administrative authority:
(1) Approving the establishment of various development zones within the Sanqingshan Scenic Area;
(2) Failing to carry out construction activities in accordance with the approved plans for the Sanqingshan Scenic Area;
(3) Unauthorized modification of the plans for the Sanqingshan Scenic Area;
(4) Other acts of failing to perform supervision and management duties according to law.
Article 36 If the Sanqingshan Administrative Committee, in violation of these regulations, commits any of the following acts, it shall be ordered by the Shangrao Municipal People's Government to make corrections; if it refuses to correct or causes serious consequences, the person-in-charge and other directly responsible personnel shall be demoted or removed from their posts:
(1) Approving construction activities within the Sanqingshan Scenic Area that do not conform to the scenic area plans;
(2) Admitting tourists exceeding the approved capacity, or organizing sightseeing activities in areas without safety guarantees;
(3) Failing to set up or repair damaged road signs, safety warnings, and other signs in a timely manner;
(4) Failing to deal with discovered illegal acts;
(5) Neglecting duty, abusing power, or engaging in malpractices for personal gain.
Article 37 Anyone committing any of the following acts within the Sanqingshan Scenic Area shall be ordered by the Sanqingshan Administrative Committee to cease the illegal act, dismantle the structure within a specified time limit, and restore the site to its original condition. A fine of RMB 30 per square meter of construction area may also be imposed. If the violator fails to dismantle or restore the site within the time limit, or if serious consequences are caused, a fine of not less than RMB 100 but not more than RMB 200 per square meter of construction area may be imposed, and the structure may be forcibly dismantled. If losses are caused, the violator shall be liable for compensation according to law:
(1) Building any facility for storing flammable, explosive, radioactive, toxic, or corrosive materials;
(2) In the B-Class Protection Zone, constructing any buildings such as hotels, guesthouses, training centers, sanatoriums, or entertainment venues; or constructing engineering facilities unrelated to sightseeing activities;
(3) In the A-Class Protection Zone, building any facility unrelated to safety protection for walking tours;
(4) In the S-Class Protection Zone, constructing any buildings or facilities.
Article 38 Anyone committing any of the following acts within the Sanqingshan Scenic Area shall be ordered by the Sanqingshan Administrative Committee to cease the illegal act and may be fined not less than RMB 50 but not more than RMB 100; if the violator fails to make corrections after being ordered to stop, a fine of not less than RMB 100 but not more than RMB 500 may be imposed; if losses are caused, the violator shall be liable for compensation according to law:
(1) Scratching, carving, or defacing any scenery, trees, or facilities;
(2) Littering or illegally dumping waste;
(3) Any tourist entering the S-Class Protection Zone.
Article 39 Anyone building a grave or erecting a monument within the Sanqingshan Scenic Area shall be ordered by the Sanqingshan Administrative Committee to cease the illegal act, restore the site to its original condition within a specified time limit, and shall be fined not less than RMB 2,000 but not more than RMB 10,000, depending on the severity of the circumstances.
Article 40 Anyone setting up hotel accommodation (hotel beds) or engaging in farming activities within the A-Class Protection Zone of the Sanqingshan Scenic Area shall be ordered by the Sanqingshan Administrative Committee to cease the illegal act and shall have any illegal income confiscated; if the violator refuses to make corrections, a fine of not less than RMB 5,000 but not more than RMB 20,000 shall be imposed; if losses are caused, the violator shall be liable for compensation according to law.
Article 41 Where other acts in violation of these regulations are subject to punishment by other administrative departments as prescribed by laws or administrative regulations, those provisions shall apply.
Chapter VI Supplementary Provisions
Article 42 These regulations shall enter into force as of August 1, 2006.
