Fifteen measures for production safety in 2022

Legal analysis:

National Wetland Park Management Measures

Article 1 is to strengthen the construction and management of national wetland parks, promote the healthy development of national wetland parks, and effectively protect them Wetland resources, these measures are formulated in accordance with the "Wetland Protection and Management Regulations" and relevant national policies.

The establishment, construction, management and cancellation of national wetland parks shall comply with these Measures.

Article 2 National Wetland Park refers to the establishment of a national wetland park with the approval of the State Forestry Administration for the purpose of protecting wetland ecosystems, rationally utilizing wetland resources, carrying out wetland publicity, education and scientific research, and shall be protected and managed in accordance with relevant regulations. specific area.

The National Wetland Park is an important part of the nature protection system and a social welfare undertaking. The state encourages citizens, legal persons and other organizations to donate funds or volunteer to participate in the protection and construction of national wetland parks.

Article 3 The forestry authorities at or above the county level are responsible for the guidance, supervision and management of national wetland parks.

Article 4 The construction and management of national wetland parks should follow the policy of “comprehensive protection, scientific restoration, rational utilization, and sustainable development”.

Article 5: Those who meet the following conditions may apply for the establishment of a national wetland park:

(1) The wetland ecosystem is typical nationwide or regionally; or the wetland regional ecological status important; or the main ecological function of the wetland is typical and exemplary; or the wetland has rich biological diversity; or there are concentrated rare and endangered wildlife species.

(2) Having important or special scientific research, publicity, education and cultural value.

(3) Become a provincial wetland park for more than two years (including two years).

(4) Sound protection and management institutions and systems.

(5) The overall planning of the provincial wetland park is well implemented.

(6) The land ownership is clear, and the relevant rights holders agree to use it as a national wetland park.

(7) Wetland protection, scientific research monitoring, science popularization and education have achieved remarkable results.

Article 6 To apply for promotion to a national wetland park, the provincial forestry department may apply to the State Forestry Administration.

The State Forestry Administration will review the application materials, organize on-site inspections by experts, hold expert review meetings, and make public announcements at the location. Those that meet the promotion conditions after review will be established as national wetland parks.

Article 7 When applying for the establishment of a national wetland park, the following materials should be submitted:

(1) Application documents and declaration forms submitted by the local provincial forestry authorities.

(2) Approval documents for the establishment of provincial wetland parks.

(3) Documents from the local people's government at or above the county level agreeing to be promoted to a national wetland park; if it crosses administrative regions, documents from the local people's government at the same level as the superior local people's government agreeing to be promoted to a national wetland park.

(4) Documents for the establishment of a wetland park management agency by the establishment management department at or above the county level; legal person certificate; certification materials for protection and management funds in the past two years.

(5) Certification document issued by the local people's government at or above the county level that the land ownership of the wetland park is clear and that the relevant rights holders agree to be included in the management of the wetland park.

(6) Wetland park master plan and its scope and functional area boundary vector map.

(7) Reports and images reflecting the current status of the wetland park’s resources and construction and management.

Article 8: In principle, the wetland area of ??a national wetland park shall not be less than 100 hectares, and the wetland rate shall not be less than 30.

The scope of national wetland parks and nature reserves and forest parks shall not overlap or intersect.

Article 9 The National Wetland Park adopts the following naming method:

Provincial-level name, prefecture-level or county-level name, wetland name, National Wetland Park.

Article 10 The National Wetland Park shall be demarcated by stakes in accordance with the scope determined by the overall plan. No unit or individual may change or move the boundary markers without authorization. Article 11 National Wetland Parks should delineate conservation areas.

According to natural conditions and management needs, restoration and reconstruction areas and rational utilization areas can be divided and zoning management can be implemented.

In addition to carrying out necessary conservation and management activities such as protection, monitoring, and scientific research, the conservation area shall not carry out any other activities unrelated to the protection and management of wetland ecosystems. Restoration and reconstruction areas should carry out activities related to the cultivation and restoration of wetlands. Reasonable utilization areas should carry out publicity and education activities focusing on ecological display and popular science education, and can carry out activities such as ecological experience and management services that do not damage the functions of the wetland ecosystem.

The sum of the area of ??the conservation area, the restoration and reconstruction area and the sum of the wetland area should be greater than 60% of the total area of ??the wetland park and the total wetland area of ??the wetland park respectively.

Article 12 The cancellation, name change, scope and functional area adjustment of the National Wetland Park must be approved by the State Forestry Administration.

Article 13 The national wetland park management agency shall be specifically responsible for the protection and management of the national wetland park, formulate and implement the overall planning and management plan of the wetland park, and improve the protection and management system.

Article 14 National Wetland Parks shall set up publicity and education facilities, establish and improve an interpretation system, publicize wetland functions and values, popularize wetland knowledge, and raise public awareness of wetland protection.

Article 15 The national wetland park management agency shall regularly organize and carry out wetland resource surveys and dynamic monitoring, establish files, and take corresponding protection and management measures based on the monitoring situation.

Article 16 The national wetland park management agency shall establish a harmonious community management mechanism and give priority to attracting local residents to engage in wetland resource management, protection and service activities.

Article 17 Provincial forestry authorities shall report to the State Forestry Administration every year the construction and management of national wetland parks where they are located, and submit annual wetland park data through the "China Wetland Parks" information management system.

Article 18 It is prohibited to expropriate or occupy the land of the National Wetland Park without authorization. If it is really necessary to expropriate or occupy the land, the land-using unit shall seek the opinions of the provincial forestry department before handling relevant procedures in accordance with the law. The provincial forestry authorities shall report to the State Forestry Administration for filing.

Article 19 Unless otherwise stipulated by the state, the following activities are prohibited in the National Wetland Park:

(1) Reclamation, landfilling or draining of wetlands.

(2) Cut off the water source of wetlands.

(3) Sand dredging and mining.

(4) Dumping toxic and harmful substances, waste and garbage.

(5) Engage in any construction projects and development activities that are not in line with the main functional positioning, such as real estate, resorts, golf courses, wind power generation, photovoltaic power generation, etc.

(6) Destroying wild animal habitats, migration channels, and fish migration channels, and indiscriminately harvesting wild animals and plants.

(7) Introducing alien species.

(8) Grazing, fishing, taking soil, water, sewage discharge, and releasing animals without authorization.

(9) Other activities that damage wetlands and their ecological functions.

Article 20 The forestry authorities at or above the provincial level shall organize supervision, inspection and evaluation of the construction and management status of national wetland parks, and propose rectification suggestions based on the evaluation results.

The main contents of the supervision and evaluation include:

(1) Whether the background conditions for the establishment of the national wetland park have changed.

(2) Institutional capacity building, formulation and implementation of rules and regulations, etc.

(3) Implementation of the overall plan.

(4) Protection, management and rational utilization of wetland resources.

(5) Publicity and education, scientific research monitoring and file management.

(6) Other contents that should be checked.

Article 21 If the ecological characteristics of a national wetland park are degraded due to natural factors, the provincial forestry department shall conduct an investigation, guide the national wetland park management agency to formulate and implement a remedial plan, and report to the State Forestry Administration .

For national wetland parks where problems are found through supervision and evaluation, the forestry authorities at or above the provincial level will notify them to make rectifications within a time limit.

National Wetland Parks that have a deadline for rectification shall submit a written rectification report to the forestry authority that issued the rectification notice within 15 days after the expiration of the rectification period.

Article 22 If the conditions of a national wetland park are lost due to poor management, or if major problems are refused to be rectified or if the rectification does not meet the requirements, the State Forestry Administration shall revoke the designation of the national wetland park and shall Announce to the public.

In county-level administrative regions where the designation of a national wetland park has been revoked, no application for the establishment of a national wetland park will be allowed within two years from the date of revocation.

Article 23: These Measures will be implemented from January 1, 2018, and will be valid until December 31, 2022, "National Wetland Park Management Measures (Trial)" (Lin Shifa [2010] No. 1) shall be abolished at the same time.

Legal basis:

"Notice of the State Forestry Administration on Issuing the "National Wetland Park Management Measures""

Lin Shifa [2017] No. 150

The forestry departments (bureaus) of all provinces, autonomous regions, and municipalities directly under the Central Government, the Inner Mongolia, Jilin, Longjiang, and Daxinganling Forest Industry (Forestry) Group Companies, the Forestry Bureau of the Xinjiang Production and Construction Corps, and the departments and bureaus and directly affiliated units of the State Forestry Administration:

In order to strengthen the construction and management of the National Wetland Park, promote the healthy development of the National Wetland Park, and effectively protect wetland resources, in accordance with the "Wetland Protection and Management Regulations" and the "Notice of the General Office of the State Council on Issuing the Wetland Protection and Restoration System Plan" In accordance with the spirit of the document and the actual needs of the management of the National Wetland Park, our bureau has revised the "National Wetland Park Management Measures (Trial)". The revised "National Wetland Park Management Measures" (see attachment) are now printed and distributed to you, please comply with them. If you have any comments or suggestions during implementation, please feedback to our bureau in a timely manner.

Attachment: National Wetland Park Management Measures