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People's Republic of China Wild Plant Protection Regulations

  • Categories:Legal
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  • Time of issue:2019-07-20 08:34
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(Summary description)These Regulations are formulated for the purpose of protecting, developing and rationally utilizing wild plant resources, protecting biodiversity and maintaining ecological balance.

People's Republic of China Wild Plant Protection Regulations

(Summary description)These Regulations are formulated for the purpose of protecting, developing and rationally utilizing wild plant resources, protecting biodiversity and maintaining ecological balance.

  • Categories:Legal
  • Author:
  • Origin:
  • Time of issue:2019-07-20 08:34
  • Views:
Information

The State Council Order No. 204 was promulgated on September 30, 1996, and will take effect on January 1, 1997.

Chapter 1 General

Article 1 These Regulations are formulated for the purpose of protecting, developing and rationally utilizing wild plant resources, protecting biodiversity and maintaining ecological balance.
Article 2 These Regulations must be observed in the protection, development and utilization of wild plants within the territory of the People's Republic of China.
The wild plants protected by this Regulation refer to the precious plants naturally grown in the native place and the endangered and rare plants that naturally grow in nature and have important economic, scientific and cultural values.
The protection of wild plants in medicinal wild plants and urban gardens, nature reserves and scenic spots, as well as relevant laws and administrative regulations.
Article 3 The State applies the policy of strengthening protection, active development and rational utilization of wild plant resources.
Article 4 The State protects the lawful rights and interests of units and individuals that develop, utilize, and manage wild plant resources in accordance with the law.
Article 5 The State encourages and supports the scientific research of wild plants and the in situ conservation and ex situ conservation of wild plants.
Units and individuals that have made outstanding achievements in the protection of wild plant resources, scientific research, cultivation and utilization, and publicity and education are rewarded by the people's government.
Article 6 The relevant competent departments of the people's governments at or above the county level shall carry out publicity and education on the protection of wild plants, popularize the knowledge of wild plants, and raise the awareness of citizens to protect wild plants.
Article 7 All units and individuals have the obligation to protect wild plant resources and have the right to report and sue for acts of encroachment or destruction of wild plants and their growing environment.
Article 8 The competent forestry administrative department of the State Council shall be in charge of the supervision and administration of wild plants in the forest areas of the country and precious wild trees outside the forest areas. The administrative department of agriculture under the State Council is in charge of the supervision and administration of other wild plants in the country.
The administrative department of construction under the State Council is responsible for the supervision and management of wild plants in urban gardens and scenic spots. The environmental protection department of the State Council is responsible for the coordination and supervision of the national wild plant environmental protection work. Other relevant departments of the State Council are responsible for the protection of wild plants in accordance with their division of responsibilities.
The departments responsible for the management of wild plants and their duties by the local people's governments at or above the county level shall be prescribed by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government according to local conditions.

Chapter II Wild Plant Protection

Article 9 The State protects wild plants and their growing environment. It is forbidden for any unit or individual to illegally collect wild plants or destroy their growing environment.
Article 10 Wild plants are divided into national key protected wild plants and local key protected wild plants.
The national key protected wild plants are divided into national first-class protected wild plants and national second-level protected wild plants. The National Key Protected Wild Plants List shall be formulated by the State Council's forestry administrative department and the agricultural administrative department (hereinafter referred to as the State Council's wild plant administrative department) in consultation with the State Council on environmental protection and construction, and submitted to the State Council for approval.
The local key protected wild plants refer to wild plants protected by the provinces, autonomous regions and municipalities directly under the central government. The list of local key protected wild plants shall be formulated and promulgated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government, and reported to the State Council for the record.
Article 11 In the natural concentrated distribution areas of national key protected wild plant species and local key protected wild plant species, nature reserves shall be established in accordance with the provisions of relevant laws and administrative regulations; in other regions, local people's governments at or above the county level shall be wild. The competent administrative department of plants and other relevant departments may establish protection points for national key protected wild plants and local key protected wild plants or establish protection signs according to actual conditions.
It is forbidden to destroy the protection facilities and protection signs of the national protection points for wild plants and local protected wild plants.
Article 12 The competent administrative department of wild plants and other relevant departments shall monitor and monitor the impact of the environment on the growth of national key protected wild plants and the growth of local key protected wild plants, and take measures to maintain and improve the national key protected wild plants and local priorities. Protect the growth conditions of wild plants. When the environmental impact is harmful to the growth of national key protected wild plants and local key protected wild plants, the wild plant administrative department shall investigate with other relevant departments and deal with them according to law.
Article 13 If the construction project adversely affects the growth environment of the national key protected wild plants and local key protected wild plants, the environmental impact report submitted by the construction unit must be evaluated; the environmental protection department is reviewing the environmental impact report. At the time, the opinion of the competent authority for wild plants should be sought.
Article 14 The competent administrative departments of wild plants and relevant units shall take rescue measures to protect or restore their growing environment for the protection of wild plants and local key protected wild plants that are threatened by growth, and establish breeding bases and germplasm resources when necessary. The library may take ex situ conservation measures.

Chapter III Wild Plant Management

Article 15 The administrative department of wild plants shall regularly organize surveys of national key protected wild plants and local key protected wild plant resources, and establish resource files.
Article 16 It is forbidden to collect wild plants that are protected at the national level. For the special needs of scientific research, worker cultivation, cultural exchange, etc., the collection of national first-level protection of wild plants must be signed by the competent authority of wild plants of the people's government of the province, autonomous region or municipality directly under the Central Government of the collection area, and then submit to the State Council's wild plant administrative department. Or an authorized institution to apply for a collection certificate.
If the national second-level protected wild plants are collected, they must apply for the collection certificate from the wild plant administrative department of the people's government of the province, autonomous region or municipality directly under the Central Government or their authorized institutions after signing the opinions of the county-level people's government's wild plant administrative department.
To collect national first- or second-level protected wild plants in urban gardens or scenic spots, you must first obtain the consent of the urban garden or scenic spot management agency, and apply for the collection certificate in accordance with the provisions of the previous two paragraphs.
The collection of precious wild trees or wild plants in the forest areas and grasslands shall be handled in accordance with the provisions of the Forest Law and the Grassland Law.
After the wild plant administrative department issues the collection certificate, it shall send a copy to the environmental protection department for the record.
The format of the collection certificate shall be formulated by the administrative department of wild plants under the State Council.
Article 17 Units and individuals that collect national key protected wild plants must collect according to the type, quantity, location, duration and method stipulated in the collection certificate.
The administrative department of wild plants of the county-level people's government shall supervise and inspect the activities of collecting national key protected wild plants within its administrative region, and report in a timely manner the approved wild plant administrative department or its authorized institution.

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