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Regulations on the Protection of Ancient and Famous Trees in Sichuan Province

Sichuan Daily December 29, 2019

(Adopted at the 14th meeting of the Standing Committee of the 13th People's Congress of Sichuan Province on November 28, 2019)

Chapter I General Provisions

Article 1 In order to protect ancient and famous trees, make reasonable use of ancient and famous tree resources, inherit historical culture, and promote the development of ecological civilization and coordinated economic and social development, according to laws and regulations such as the Forest Law of the People's Republic of China, the Regulations on Urban Greening, In accordance with the actual situation in Sichuan Province, these regulations are formulated.

Article 2 These Regulations apply to the protection and management of ancient and famous trees that are distributed outside the virgin forest in the administrative region of Sichuan Province and have been identified and published in accordance with law.

The ancient trees referred to in the preceding paragraph refer to trees that are more than one hundred years old. The famous trees mentioned in the preceding paragraph refer to trees with important historical, cultural, ornamental and scientific research values or important commemorative significance.

Article 3 The protection of ancient and famous trees adheres to the principles of government leadership, social participation, territorial management, in-situ protection, and scientific management and protection.

Article 4 Local people's governments at or above the county level shall strengthen the leadership of the protection and management of ancient and famous trees in their own administrative areas, incorporate the protection of ancient and famous trees into the land space plan, and conduct general survey, identification, and rescue of the resources of ancient and famous trees. Funds for maintenance, publicity, and scientific research are included in the budget at this level.

Article 5 The local greening committees at or above the county level shall organize and coordinate the protection and management of ancient and famous trees within their own administrative areas.

The local people's governments at or above the county level are responsible for the protection and management of ancient and famous trees in their administrative areas according to the division of responsibilities.

Relevant departments of public security, finance, natural resources, ecological environment, agriculture and rural areas, water conservancy, transportation, culture and tourism, cultural relics, nationality and religion, etc. of local people's governments at or above the county level shall do a good job of protecting and managing ancient and famous trees within their responsibilities.

The township (town) people's government and sub-district offices assist the ancient and famous trees authorities to do a good job in the protection and management of ancient and famous trees in their administrative area.

Article 6 Local people's governments at and above the county level and their related departments shall strengthen publicity and education on the protection of ancient and famous trees, use local folk customs and traditional festivals, organize and conduct activities that facilitate wide public participation, and strengthen the society as a whole. Conscious protection of wood.

Article 7 The local people's governments at or above the county level and their relevant departments shall support the scientific research on the protection of ancient and famous trees, strengthen the protection of genetic resources of ancient and famous trees, promote the application of scientific research results, and improve the level of protection and management.

Article 8 Units and individuals are encouraged to participate in the protection of ancient and famous trees in the form of donations and adoptions. Units and individuals who donate money and adopt old and famous trees can enjoy the rights of signature and voluntary tree planting due diligence.

The local people's governments at or above the county level may commend units and individuals that have made outstanding achievements in protecting ancient and famous trees in accordance with relevant state regulations.

Article 9 Units and individuals have the obligation to protect ancient and famous trees, shall not damage and dispose of ancient and famous trees at will, and have the right to stop and report acts that damage ancient and famous trees.

Chapter II Identification of Ancient and Famous Trees

Article 10 The people's government of a county (city, district) shall organize a general survey of ancient and famous trees in its administrative area at least once every ten years, and comprehensively grasp its type, quantity, distribution, living environment, and protection of the current situation.

Article 11 The ancient trees are classified and protected:

(1) Trees over 500 years old are first-class ancient trees and are subject to first-level protection;

(2) Trees with a tree age of 300 years but less than 500 years are second-class ancient trees, and second-class protection shall be implemented;

(3) Trees with a tree age of more than one hundred years and less than three hundred years are three-level ancient trees, and three-level protection is implemented.

Article 12 Famous trees are not subject to tree age restrictions and are subject to first-level protection. Trees that meet one of the following conditions can be included in the category of famous trees:

(1) Trees planted by national leaders, famous political figures at home and abroad, and historical and cultural celebrities;

(2) Trees related to famous historical and cultural celebrities or major historical events distributed in places of interest, historical gardens, religious sites, and former residences of celebrities;

(3) Iconic trees included in the protection of world natural heritage or world cultural heritage;

(4) Trees of important scientific value as a source of model specimens in tree classification;

(5) Other trees with important historical, cultural, ornamental and scientific value or with important commemorative significance.

Article 13 The competent department of ancient and famous trees of the county (city, district) people's government shall appraise the ancient and famous trees in accordance with the national ancient and famous tree appraisal regulations.

The ancient and famous trees to be listed for protection shall be identified and published in accordance with the law in accordance with the following provisions:

(1) First-class ancient and famous trees are recognized and announced by the provincial people's government;

(2) Second-class ancient trees are recognized and announced by the municipal (prefecture) people's government;

(3) Three-level ancient trees shall be recognized and announced by the county (city, district) people's government.

Article 14 The competent department of ancient and famous trees of the local people's government at or above the county level shall, in accordance with the requirements of “one tree and one file”, establish the graphic information of the ancient and famous trees, and provide information on the location, characteristics, age and growth of the ancient and famous trees. Dynamic management of information such as environment, growth status, and protection status.

The Provincial Afforestation Commission shall formulate the specifications for the identification of ancient and famous trees, organize the establishment of the province's ancient and famous trees resource database and expert database, and uniformly release the ancient trees and famous trees to the society.

Article 15 The competent department of ancient and famous trees of the local people's government at or above the county level shall organize experts to participate in the identification, rescue and restoration of ancient and famous trees in the administrative area, maintenance management, review of protection schemes, safety assessment and other related work.

Article 16 Entities and individuals are encouraged to provide the ancient and famous trees competent departments with information on ancient and famous trees resources that have not been identified and published. The county (city, district) people's government of ancient and famous trees competent departments shall promptly organize investigations and appraisals. Those belonging to ancient and famous trees shall be identified and published in accordance with Article 13 of these Regulations.

Article 17 The competent department of ancient and famous trees of the people's government of the county (city, district) may determine the trees with a tree age of 80 years and less than 100 years as follow-up resources of ancient trees, referring to the third-level resources. Ancient trees are protected.

Chapter III Conservation of Ancient and Famous Trees

Article 18 The maintenance of ancient and famous trees is a combination of daily maintenance and professional maintenance. The conservation specifications are issued by the provincial greening committee.

Article 19 The persons responsible for the daily maintenance of ancient and famous trees shall be determined in accordance with the following provisions:

(1) The ancient trees and famous trees within the land use area of institutions, schools, troops, social organizations, enterprises or institutions, cultural relics protection sites, places of religious activities, etc., where the units are responsible for daily maintenance;

(2) Old trees and famous trees within the land area of airports, railways, highways, rivers, dams and reservoirs, lakes and canals, and the management units of airports, railways, highways and water conservancy projects are responsible for daily maintenance;

(3) Ancient trees and famous trees within the limits of national parks, natural and cultural heritage sites, nature reserves, scenic spots, tourist resorts, forest farms and forest parks, geological parks, wetland parks, and urban parks. Person responsible for conservation

(4) The management agency or urban gardening management unit of the ancient trees and famous trees within the scope of urban roads, streets, alleys, green spaces, squares and other public facilities shall be responsible for daily maintenance;

(5) Ancient and famous trees within the urban residential area and the courtyards of residents, where property management is implemented, the property service enterprise is the daily maintenance responsible person, and if the property management is not implemented, the street office is the daily maintenance responsible person;

(6) Ancient trees and famous trees within the township streets, green spaces, squares and other public facilities, the township (town) people's government is responsible for daily maintenance;

(7) Ancient and famous trees on rural contracted land, the contractor and operator are responsible for daily maintenance; ancient and famous trees on rural house site, the owner of the right to use the house site is responsible for daily maintenance; Ancient trees and famous trees, villagers 'groups or villagers' committees are responsible for daily maintenance.

(8) Individually owned ancient and famous trees shall be maintained by individuals.

If the routine caretaker is not clear or has objections, it shall be determined by the people's government of the county (city, district) where the old and famous trees are located.

Article 20 The county (city, district) people's government shall sign a daily maintenance responsibility letter with the person responsible for daily maintenance, specifying the rights and obligations of daily maintenance.

If the person responsible for the daily maintenance of ancient and famous trees changes, they shall re-sign the daily maintenance responsibility letter in accordance with the relevant provisions of these regulations.

Article 21 The person responsible for the daily maintenance of ancient and famous trees shall do the daily maintenance work in accordance with the conservation norms and prevent artificial damage to the ancient and famous trees.

The competent department of ancient and famous trees of the local people's government at or above the county level shall provide necessary maintenance knowledge training and technical guidance to those responsible for routine maintenance at no cost.

Article 22 The competent department of ancient and famous trees of local people's governments at or above the county level shall regularly organize professional and technical personnel or purchase services to provide professional maintenance of ancient and famous trees.

Article 23 If the ancient and famous trees have suffered from harmful organisms, natural damage, man-made damage or abnormal growth, the person responsible for daily maintenance shall promptly report to the local county (city, district) people's government in charge of the ancient and famous trees for disposal.

The county (city, district) people's government's ancient and famous trees competent department shall, within five working days after receiving the report, organize experts and technicians to conduct on-site investigations, find out the reasons and responsibilities, and take measures such as rescue, governance, and rehabilitation.

Article 24 The local people's governments at or above the county level shall give appropriate maintenance subsidies to the persons responsible for daily maintenance in accordance with the ranks of ancient trees and famous trees, and may give appropriate awards to the persons responsible for maintenance according to the conditions of maintenance, expenses and other conditions.

Chapter IV Management of Ancient and Famous Trees

Article 25 The protection scope of ancient and famous trees shall be determined according to not less than three meters outside the vertical projection of the crown.

The protection scope of ancient and famous trees and ancient tree clusters in urban, town planning areas and other special areas may be determined by the ancient and famous trees of the county (city, district) people's government according to the actual situation.

Article 26 The people's government of a county (city, district) shall, in accordance with actual needs, set up necessary protection facilities such as support frames, protective fences and lightning protection devices around ancient and famous trees.

The county (city, district) people's government shall set up ancient tree and famous wood protection plates, which shall indicate the Chinese name, scientific name, family name, tree age, protection level, serial number, listed unit, etc. The number and style of the protection cards are uniformly determined by the provincial greening committee.

No unit or individual is allowed to move or damage the ancient and famous trees protection cards and protection facilities without authorization.

Article 27 The following acts that damage ancient and famous trees are prohibited:

(1) Cutting without authorization;

(2) Transplant without authorization;

(3) Carving, nailing, climbing, folding branches, digging roots, peeling bark, winding, hanging heavy objects or using trunks as supports on ancient and famous trees;

(IV) Non-permeable hardened ground, laying pipelines, erection of electric wires, digging for soil, non-protective filling, fire burning, smoke extraction, quarrying for sand, dumping sewage and garbage, and stacking within the protected area of ancient and famous trees Or dump flammable, explosive, poisonous and hazardous materials;

(5) Other acts that damage the normal growth of ancient and famous trees.

Article 28 It is forbidden to newly build or expand buildings (structures) within the protection scope of ancient and famous trees.

National and provincial key construction projects really need to be built within the protection of ancient and famous trees. If it cannot be avoided, the construction unit should formulate the protection plan of ancient and famous trees before construction, and report to the ancient trees of the county (city, district) people's government. Mingmu competent department for the record. The county (city, district) ancient and famous tree competent department shall guide and supervise the formulation and implementation of the protection plan.

If the construction project affects the normal growth of ancient and famous trees, the construction unit shall take avoidance measures; if damage to the growth of ancient and famous trees is caused, the construction unit shall bear the corresponding costs for rehabilitation and maintenance.

Article 29 Under any of the following circumstances, an application may be made for the transplantation of ancient and famous trees for the protection of different places:

(1) Changes in the original growth environment are not suitable for the continued growth of ancient and famous trees, which may cause the death of ancient and famous trees;

(2) Ancient and famous trees may endanger the life of the public, and protective measures cannot be taken to eliminate hidden dangers;

(3) Due to the fact that national and provincial key construction projects cannot be avoided and the ancient and famous trees cannot be effectively protected.

When transplanting ancient and famous trees, a transplantation plan shall be formulated, and the costs for transplantation and maintenance shall be implemented, and shall be examined and approved in accordance with the relevant laws and regulations.

Article 30 The ancient and famous trees approved for transplantation shall be transplanted in accordance with the approved transplantation plan. If the old and famous trees are transplanted in accordance with the first and second paragraphs of Article 29, Article 29 of these regulations, the cost of the transplant and the maintenance costs within five years after the transplant shall be determined by the local people's government at or above the county level according to the ancient and famous tree grade To bear; if an old tree or a famous tree is transplanted in accordance with Article 29, Paragraph 1, Paragraph 3 of these Regulations, the transplantation cost and the maintenance cost within five years after the transplantation shall be borne by the applicant for transplantation.

After the transplantation, the competent department of ancient and famous trees of the people's government of the county (city, district) where the ancient and famous trees are located shall promptly update the files of the ancient and famous trees, handle the transplant registration, and change the person responsible for daily maintenance.

Article 31 Under any of the following circumstances, an application can be made for the felling of ancient and famous trees:

(1) those that comply with the provisions of Paragraph 2 (1) and (3) of Article 29 of these Regulations and have special biological characteristics of tree species that cannot be transplanted into existing techniques;

(2) Infectious diseases such as pine wood nematodes that cannot be controlled.

When cutting down ancient and famous trees, a felling plan shall be formulated and approved in accordance with the relevant laws and regulations.

Article 32 The competent department of ancient and famous trees that has the right to examine and approve shall, after accepting the application for transplantation or felling, review it, and if necessary, organize expert demonstrations, save relevant materials, conduct publicity, and accept public supervision.

Article 33 If an old and famous tree dies, the person responsible for daily maintenance shall promptly report to the ancient and famous tree department of the people's government of the county (city, district) where it is located, and the old and famous tree department shall be ten days from the date of receipt of the report. Organize professional and technical personnel to conduct verification and appraisal within one working day to find out the reasons and responsibilities. If it is indeed a death, the relevant ancient and famous tree competent department shall report the file in accordance with the ancient and famous tree grade.

If the dead ancient and famous trees still have important historical, cultural, landscape, scientific research values, or important commemorative significance, the county (city, district) people's government shall take measures to eliminate hidden safety hazards after confirming by the corresponding authority, and then retain them.

Article 34 If the protection measures for ancient and famous trees affect the protection of cultural relics, the department in charge of ancient and famous trees shall consult the administrative department of cultural relics and adopt corresponding protection measures.

Article 35 The resources of ancient and famous trees shall be used reasonably under the premise of protection.

Encourage the use of excellent genes of ancient and famous trees, carry out scientific research in phenology, biology, genetics and breeding, and make reasonable use of resources such as flowers, leaves and fruits of ancient and famous trees.

Encourage the combination of the protection of ancient villages and ancient dwellings in ancient towns, excavate and refine the natural ecology and historical and cultural values of ancient and famous trees, build ancient and famous trees parks and protected communities, and carry out natural and historical education and experience activities.

Effective use of ancient and famous tree resources shall take effective protection measures, shall not impair the normal growth of ancient and famous trees, and shall be subject to the supervision of the ancient and famous tree authorities.

Article 36 The competent department of ancient and famous trees of the local people's government at or above the county level shall strengthen the supervision and management of the protection of ancient and famous trees, and shall organize an inspection of the protection of ancient and famous trees at least once a year.

The competent department of ancient and famous trees of the local people's government at or above the county level shall make overall arrangements for the protection of funds according to the number, grade and growth status of ancient and famous trees in the administrative area.

Article 37 The competent department of ancient and famous trees of the local people's government at or above the county level shall establish a reporting system, publish the method of reporting, and promptly accept reports of damage to ancient and famous trees by units, individuals, and other organizations, and investigate and deal with them according to law; If it falls within the scope of the department's responsibility, it shall be promptly handed over to the relevant department for investigation and punishment according to law.

Chapter V Legal Liability

Article 38 Where laws and administrative regulations already have legal liability provisions in violation of the provisions of these regulations, those provisions shall prevail.

Article 39 In violation of the provisions of Article 26, paragraph 3 of these regulations, unauthorized removal or damage of ancient and famous trees protection cards and protection facilities shall be ordered by the county (city, district) people ’s government ’s ancient and famous trees authority to stop Illegal acts shall be restored to their original status within a time limit; those who have not returned to their original status within the time limit shall be fined between 500 and 1,000 yuan; if they cause losses, they shall be liable for compensation according to law.

Article 40 In violation of the first and second paragraphs of Article 27 of these regulations, old trees and famous trees are cut or transplanted without authorization, and the county (city, district) people ’s government ’s ancient and famous trees department shall order them to stop illegal acts. , The illegal income shall be confiscated and a fine shall be imposed in accordance with the following provisions:

(1) Anyone who cuts first-class ancient trees or famous trees without authorization shall be fined between 1 million yuan and 2 million yuan per plant; those who second-level ancient trees are cut without authorization shall be fined between 500,000 yuan and one million yuan per plant The following fines; for unauthorized removal of third-level ancient trees, each plant shall be fined from 100,000 yuan to 500,000 yuan.

(2) For the unauthorized transplantation of old-class ancient trees or famous trees, a fine of 50,000 to 100,000 yuan per plant; for the unauthorized transplantation of second-class ancient trees, a fine of 30,000 to 50,000 yuan per plant; For the unauthorized transplanting of three-level ancient trees, a fine of 10,000 yuan to 30,000 yuan shall be imposed on each plant; if an unauthorized transplant of an ancient tree and a famous tree causes death, punishment shall be in accordance with the provisions of the first paragraph.

Article 41 In violation of the third, fourth, and fifth clauses of Article 27 of these regulations, if one of the following acts is committed, the county (city, district) people's government department in charge of ancient and famous trees shall order it to stop Illegal acts, restoration of the original condition within a time limit or taking remedial measures, and fines according to the grades of ancient and famous trees in accordance with the following provisions:

(1) Whoever defaces tree bark or digs roots shall be fined from 5,000 yuan to 30,000 yuan;

(2) Newly constructed, expanded (structured) structures, laying pipelines, erection of wires, grounds around non-permeable hardened trunks, digging for soil, quarrying for sand, non-protective filling within the protected area of ancient and famous trees If the land is fine, a fine ranging from 3,000 yuan to 20,000 yuan shall be imposed;

(3) Whoever burns fire, smokes, dumps sewage, piles or dumps flammable, explosive, poisonous and harmful substances within the protection scope of ancient and famous trees shall be fined from 1,000 yuan to 5,000 yuan;

(4) Those who scribble, nail, climb, or break branches, entangle or hang heavy objects on famous trees, or use trunks as supports, or other acts that damage the growth of ancient and famous trees, shall be punished with a price of more than 500 yuan. Fines below 1,000 yuan.

Anyone who commits an illegal act as described in the preceding paragraph that causes the death of an ancient or famous tree shall be punished in accordance with the provisions of Article 40, paragraph 1.

Article 42 In violation of Article 28 of these Regulations, if no protection plan has been formulated or concession measures have been taken, which involve first-class ancient or famous trees, each plant shall be fined 30,000 to 50,000 yuan; For ancient trees of Grade II, a fine of 20,000 to 30,000 yuan per plant shall be imposed; for those of Grade III ancient trees, a fine of 10,000 to 20,000 yuan shall be imposed for each plant.

Failure to formulate a protection plan or to take avoidance measures to cause the death of ancient and famous trees shall be punished in accordance with the provisions of Paragraph 1 of Article 40 of these regulations.

Article 43 In case of violation of Article 30 of these regulations and failing to transplant in accordance with the approved transplantation plan, the ancient and famous trees department of the county (city, district) people's government shall order correction within a time limit or take other remedial measures in accordance with these regulations Article 40 The second paragraph of the penalty.

Failure to transplant an old or famous tree in accordance with an approved transplantation plan shall be punished in accordance with Article 40, paragraph 1.

Article 44 The competent department of ancient and famous trees and relevant departments of the local people's government at or above the county level violates the provisions of these Regulations, and if one of the following situations occurs, the unit or the competent department at a higher level shall be directly responsible for the person in charge and other personnel directly responsible Handle according to law:

(1) Failure to perform the duties of protection and supervision of ancient and famous trees in accordance with law;

(2) Illegal approval to transplant or cut down ancient and famous trees;

(3) Others who abuse their powers, engage in malpractices for personal gain, or neglect their duties.

Chapter VI Supplementary Provisions

Article 45 These Regulations shall become effective on January 1, 2020.


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