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(Adopted at the Twenty-fifth Meeting of the Standing Committee of the Fourth Shenzhen Municipal People's Congress on January 21, 2009)

Chapter One General Provisions

Article 1 These Regulations are formulated in accordance with the basic principles of laws and administrative regulations, by taking into account the actual circumstances of Shenzhen Special Economic Zone (hereinafter referred to as “SEZ”), for the purpose of strengthening the administration of Shenzhen Wutong Mountain Scenic Area (hereinafter referred to as “Scenic Area”), with strict protection and rational utilization of the resources of Scenic Area.

Article 2 These Regulations are applicable to the planning, construction, protection and administration of Scenic Area. Units and individuals residing or engaging in production, development and construction, and activities of tourism, religion or culture within the Scenic Area shall abide by these Regulations.

Article 3 The principles of scientific planning, unified management, strict protection and sustainable utilization shall be carried out in the Scenic Area, in order to promote ecological civilization.

The development and construction of the Scenic Area shall meet the Shenzhen economic and social development planning.

Article 4 Scenic Area Administration Authority shall be responsible for the supervision and administration of the Scenic Area, performing the following functions and duties:

(1) Implementing the laws and regulations in relation to the Scenic Area;

(2) Participating in the drafting of Scenic Area planning, and organizing its implementation;

(3) Constructing, administrating and maintaining the supporting infrastructures for the Scenic Area;

(4) Protecting scenic resources and Scenic Area ecological environment;

(5) Being responsible for prevention of forest fire, environmental sanitation, tour service, and other administration services in the Scenic Area;

(6) Other functions as provided by laws or regulations.

Relevant functional departments under the municipal government shall conduct relevant supervision and administration work for the Scenic Area, in accordance with division of responsibilities.

Article 5 Units and individuals may report violations acted in the Scenic Area. If such violations are proved to be true upon verification, reward shall be granted in accordance with relevant rules.

Chapter Two Planning and Construction

Article 6 The planning authority shall timely organize the preparation of the overall planning and detailed planning for the Scenic Area.

The overall planning of the Scenic Area shall be prepared in accordance with related laws, regulations and urban overall planning, which shall be submitted to the superior authority for review and approval in accordance with relevant procedures after deliberated at the Municipal People's Congress Standing Committee.

The Scenic Area planning shall be publicized to the society for hearing comments during its preparation process according to law. Upon approval, the Scenic Area planning shall be publicized, so that units and individuals may read it and supervise its implementation.

Article 7 The Scenic Area overall planning and detailed planning may not be modified without authorization once approved. Where it is necessary to modify the scope, nature, protection goals, ecological resource protection measures, layout of major construction projects, development and utilization strength, functional structure, spatial distribution, capacity for tourists of the Scenic Area, modification shall be submitted to the original examination and approval authority for approval; while the modification to other items shall be submitted to the original examination and approval authorities for record.

The modified planning shall be publicized for thirty days before it is submitted for approval or record.

In case the modification of planning causes property losses to any interested party, the compensation shall be made according to law.

Article 8 It is prohibited to develop or construct any building or structure in the Scenic Area which has nothing to do with the protection or administration of Scenic Area resources resort areas, such as development zones, hotels, guest houses, hospitals, industrial and mining enterprises, warehouses, garages, shooting ranges, and residential areas.

The buildings and structures existed prior to the commencement of these Regulations shall not be expanded, renovated or changed for other uses without approval, and shall be dismantled if they fail to meet the planning.

Article 9 Except for forest fire prevention facilities and planed landscape buildings, it is prohibited to construct any building or structure in the area of Wutong Mountain which is above the sea level of more than six hundred and fifty meters.

Article 10 All construction activities in the Scenic Area shall be consistent with the Scenic Area planning.

Any unit or individual wants to engage in construction activities shall file an application with relevant department which shall solicit opinion from the Scenic Area Administration Authority before making a decision.

Article 11 The projects constructed in the Scenic Area shall meet the requirement of benefiting the protection and administration of the Scenic Area, and coordinate with the landscape, without polluting the environment or impeding tourism.

Every development unit and construction unit of construction activities committed in the Scenic Area shall develop plans for pollution control, soil and water conservation and geological disaster prevention, and take effective measures according to the plans to protect surrounding landscape, water, vegetation, wildlife and terrain. Upon the completion of construction projects, the development unit and construction unit shall clean up the sites and restore vegetation.

Chapter Three Protection and Administration

Article 12 The Scenic Area Administration Authority shall strengthen safety management, establish and improve safety protection and emergency systems, and improve tour facilities for safety. Scenic Area Administration Authority shall set warning signals in the established dangerous zones, or forbidden zones, or block them.

Scenic Area Administration Authority shall strengthen the propaganda to prevent forest fire, and the monitoring to fire danger, improve basic facilities construction for fire prevention, and develop emergency plans for forest fire.

Article 13 Scenic Area Administration Authority shall investigate and register the heritages, important landscapes, trees, rare plants and animals and other resources in the Scenic Area, and take effective measures to protect them.

Article 14 Scenic Area Administration Authority shall establish and improve the archive system for Scenic Area, pack up and file relevant materials relating to the history, development and management of Scenic Area, and keep file well stored.

Article 15 Scenic Area Administration Authority shall develop administration information system, in order to dynamically monitor the implementation of Scenic Area planning, resources protection, security management, and forest fire.

Article 16 Scenic Area Administration Authority shall set up boundary markers along the designated zones of Scenic Area. No unit or individual may move or damage any marker without authorization.

A protection and control zone shall be confined fifty meters horizontally away from the outside boundary of Scenic Area. The buildings in the protection and control zone shall be consistent with the landscape of Scenic Zone. No new building higher than forty meters shall be constructed in the zone.

Article 17 Scenic Area Administration Authority shall protect the vegetation of Scenic Area, and shall be responsible for closing the forest for reforestation and maintaining the forest. No unit or individual may cut down trees or damage vegetation without authorization.

Anyone who wants to cut trees for the purposes of replacement, foster or maintenance of public facilities shall apply for deforestation permit with relevant department which shall solicit opinion from the Scenic Area Administration Authority before making a decision.

Article 18 It is forbidden to commit any one of the following activities in the Scenic Area:

(1) Encroachment or illegal transfer of resources in the Scenic Area;

(2) Digging or quarrying, or mining;

(3) Illegal structuring, earth borrowing, land reclamation, pond excavation or filling, grave building or tomb-stoning;

(4) Grazing, feeding, hunting, or fishing;

(5) Mountain burning, moor-burning, deforestation, or fruit planting;

(6) Breaking down cultural relics or scenic landscape;

(7) Damaging public facilities;

(8) Discharging of wastewater beyond the standards and dumping solid wastes into the Scenic Area;

(9) Operational water fetching;

(10) Illegal operation or commercial advertisement or publicity;

(11) Swimming, playing ball games, camping, smoking, carrying fire, or taking pets in the zones subject to prohibition;

(12) Pulling down trees, picking flowers, or littering;

(13) Writing or drawing graffiti or drawing on trees, landscape or public facilities;

(14) Discharging fireworks, picnicking, or burning paper for worship;

(15) Other activities as prohibited by laws or regulations.

Article 19 Anyone who wants to engage in any one of the following activities shall apply for approval to relevant department which shall solicit opinion from Scenic Area Administration Authority before making a decision. In addition, such activities shall be supervised by Scenic Area Administration Authority:

(1) Organizing large-scale recreation or gatherings;

(2) Commercial video filming;

(3) Using model aircraft, hot air balloons, parachutes, gliders or other aerial devices;

(4) Other activities which may affect the ecology, landscape or public safety.

Article 20 Restricted access system for vehicles shall be adopted in Scenic Area.

Traffic department of public security shall jointly with Scenic Area Administration Authority be responsible for the development and administration of public transport in the Scenic Area.

Public transportation in the Scenic Area shall use environmentally friendly clean energy.

Article 21 The paid use system shall be adopted for the Scenic Area resources in accordance with relevant rules. Units and individuals engaging in rational development or utilization of Scenic Area resources shall pay to the Scenic Area Authority scenic resource protection fees.

Article 22 The operator of basic commercial supporting service project in the Scenic Area shall be determined by the Scenic Area Administration Authority through bidding or other fair competition, in accordance with relevant laws, regulations and Scenic Area planning, and supervise the operators to handle relevant procedures according to law to ensure they operating with permit and trading fairly.

Chapter Four Legal Liabilities

Article 23 Anyone who builds a building or structure unrelated to the protection and administration of Scenic Area resources in the Scenic Area, in violation of the first paragraph of Article 8 of these Regulations, shall be ordered by the Scenic Area Administration Authority to stop construction and to remove within a specified time period, and be imposed a fine of RMB 500,000 yuan. If the removal is refused, coercive removal shall be made according to law.

Anyone who makes expansion, renovation or change of use, in violation of the second paragraph of Article 8 of these Regulations, shall be ordered by the Scenic Area Administration Authority to make correction with a specified time period, and be imposed a fine of RMB200,000 yuan.

Article 24 Anyone who causes damage to the surrounding landscape, water, vegetation or terrain during the construction, in violation of the second paragraph of Article 11 of these Regulations, shall be ordered by the Scenic Area Administration Authority to make correction within a specified time period and to adopt remedy measures, and shall be imposed a fine of RMB 50,000 yuan simultaneously. Where the site is not cleaned up or the vegetation is not restored within one month after the completion of the construction project, the Scenic Area Administration Authority shall order a correction within a specified time period, and impose a fine of RMB 20,000 yuan simultaneously.

Article 25 Anyone who moves or damages scenic Area boundary marker without authorization, in violation of the first paragraph of Article 16 of these Regulations, shall be ordered by the Scenic Area Administration Authority to stop the illegal activity, recover the marker in a specified time period, and be imposed a fine of RMB 5,000 yuan simultaneously.

Article 26 Anyone who deforests or damages vegetation, in violation of the first paragraph of Article 17 of these Regulations shall, by the Scenic Area Administration Authority, be confiscated the tools, ordered to re-plant trees or restore vegetation, and be imposed a fine of RMB 1,000 yuan for each tree cut down or RMB 500 yuan for each square meter on which the vegetation is damaged. If a valuable or old tree, or a rare plant is damaged or cut down, the violators shall be punished in accordance with relevant rules.

Article 27 Where Article 18 of these Regulations is violated, the Scenic Area Administration Authority shall take the following measures:

(1) Ordering to stop illegal activities and make reinstitution, confiscating illegal income, and imposing a fine of RMB 500,000 yuan if Item (1) or (2) is violated;

(2) Except as otherwise provided by laws or regulations, ordering to stop illegal activities, and imposing a fine of RMB 50,000 yuan, if Item (5), (6) or (8) is violated;

(3) Ordering to stop illegal activities, make reinstitution and compensate losses, confiscating illegal income, and imposing a fine of RMB 5,000 yuan, if Item (3), (4), (7), (9) or (10) is violated.

(4) Except as otherwise provided by laws or regulations, ordering to stop illegal activities, and imposing a fine of RMB 200 yuan, or RMB 500 yuan for serious circumstance, if Item (11), (12), (13) or (14) is violated.

Article 28 Anyone who carries out an activity without receiving supervision of the Scenic Area Administrating Authority, in violation of Article 19 of these Regulations, shall be ordered by the Scenic Area Administrating Authority to make correction. If such correction is refused, a fine of RMB 5,000 yuan shall be imposed.

Article 29 If a responsible person or staff member of Scenic Area Administration Authority or relevant departments commits any one of the following activities, the municipal government or relevant departments shall impose administrative sanctions:

(1) Modifying the Scenic Area planning without authorization;

(2) Failing to make approval according to law, or failing to transfer application or make approval according to required procedures or time schedule;

(3) Committing illegal construction, damaging landscape, forest or vegetation, hunting wild animal, polluting environment or destroying environment in the Scenic Area;

(4) Failing to dispose or report upon discovering a natural disaster or illegal activity in time, and causing serious consequences;

(5) Failing to perform legal function or duty, playing favoritism or abusing power, resulting in fire, safety accident or environmental pollution accident;

(6) Other circumstances as provided under laws or regulations.

Article 30 Any unit or individual who violates the provisions of these Regulations, and thereby constitutes a crime shall be investigated for criminal responsibilities according to law.

Chapter V Supplementary Provisions

Article 31 The municipal government shall formulate specific implementing measures for the first paragraph of Article 20 of these Regulations within 6 months from the commencement date of these Regulations.

Article 32 Enter into effect as of May 1, 2009.

(Note: The text mentioned above is the translation one for reference only. In case any discrepancies among the different versions, the original published Chinese version shall prevail.)