People’s Republic of China (PRC) Qinghai-Tibet Plateau Ecological Protection Law
Xinhua News Agency, Beijing, April 26th
People’s Republic of China (PRC) Qinghai-Tibet Plateau Ecological Protection Law
(Adopted at the Second Session of the 14th the NPC Standing Committee on April 26th, 2023)
catalogue
Chapter I General Provisions
Chapter II Ecological Security Layout
Chapter III Ecological Protection and Restoration
Chapter IV Prevention and Control of Ecological Risks
Chapter V Guarantee and Supervision
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to strengthen the ecological protection of the Qinghai-Tibet Plateau, prevent and control ecological risks, ensure ecological security, build a highland of national ecological civilization, promote the sustainable development of economy and society, and realize the harmonious coexistence between man and nature.
Article 2 This Law shall apply to activities related to the ecological protection of the Qinghai-Tibet Plateau. Where there are no provisions in this law, the provisions of other relevant laws shall apply.
The Qinghai-Tibet Plateau as mentioned in this Law refers to all administrative regions of Xizang Autonomous Region and Qinghai provinces and relevant county-level administrative regions of Xinjiang Uygur Autonomous Region, Sichuan Province, Gansu Province and Yunnan Province.
Article 3 The ecological protection of the Qinghai-Tibet Plateau shall respect, conform to and protect nature. Adhere to ecological protection first, natural restoration first, and keep the natural ecological security boundary; Adhere to overall coordination, classified policies, scientific prevention and control, and systematic governance.
Article 4 The State shall establish a coordination mechanism for ecological protection of the Qinghai-Tibet Plateau, make overall guidance and comprehensive coordination for ecological protection of the Qinghai-Tibet Plateau, review major policies, major plans and major projects for ecological protection of the Qinghai-Tibet Plateau, coordinate major issues across regions and departments, and supervise and inspect the implementation of relevant important work.
The relevant departments of the State Council are responsible for the ecological protection of the Qinghai-Tibet Plateau in accordance with the division of responsibilities.
Article 5 The local people’s governments at all levels on the Qinghai-Tibet Plateau shall implement the responsibilities of ecological protection and restoration, prevention and control of ecological risks, optimization of industrial structure and layout, and maintenance of ecological security on the Qinghai-Tibet Plateau.
Relevant places on the Qinghai-Tibet Plateau should strengthen cooperation in the formulation of local regulations and local government rules, planning, supervision and law enforcement as needed, and jointly promote ecological protection on the Qinghai-Tibet Plateau.
Article 6 The local people’s governments at or above the county level in the State Council and the Qinghai-Tibet Plateau shall incorporate the ecological protection of the Qinghai-Tibet Plateau into the national economic and social development plan.
According to the division of responsibilities, the relevant departments of the State Council organize the preparation of special plans for ecological protection and restoration of the Qinghai-Tibet Plateau, organize the implementation of major ecological restoration projects, and promote the ecological protection and restoration of the Qinghai-Tibet Plateau as a whole. The local people’s governments at or above the county level on the Qinghai-Tibet Plateau shall, in accordance with the relevant provisions of the state, organize the implementation of relevant special plans for ecological protection and restoration of the Qinghai-Tibet Plateau in their respective administrative areas. The preparation of special plans for ecological protection and restoration of the Qinghai-Tibet Plateau should be scientifically demonstrated and evaluated.
Article 7 The State shall strengthen the investigation on the natural resources and ecological environment of the land, forests, grasslands, rivers, lakes, wetlands, glaciers, deserts, wild animals and plants on the Qinghai-Tibet Plateau, carry out the evaluation on the carrying capacity of regional resources and environment and the suitability of national space development, improve the monitoring network system of ecological environment, natural resources, biodiversity, hydrology, meteorology, geology, soil and water conservation and natural disasters on the Qinghai-Tibet Plateau, and promote comprehensive monitoring, collaborative monitoring and normalization monitoring. Investigation, evaluation and monitoring information shall be shared in accordance with relevant state regulations.
Article 8 The State encourages and supports scientific investigation and research on the Qinghai-Tibet Plateau, strengthens research on major scientific and technological issues and major scientific and technological infrastructure construction in the fields of climate change, biodiversity, ecological protection and restoration, hydrology and water resources, snow mountain glacier frozen soil, soil and water conservation, desertification control, river and lake evolution, geological environment, natural disaster monitoring, early warning and prevention, development, utilization and protection of energy and climate resources, carbon sequestration of ecosystems, etc., and promotes long-term research work to master the ecological background and changes of the Qinghai-Tibet Plateau.
The state makes overall arrangements for the scientific and technological innovation platform for ecological protection in the Qinghai-Tibet Plateau, increases the training of scientific and technological professionals, makes full use of the scientific investigation and research achievements in the Qinghai-Tibet Plateau, popularizes and applies advanced and applicable technologies, promotes the transformation of scientific and technological achievements, and gives full play to the supporting role of science and technology in ecological protection in the Qinghai-Tibet Plateau.
Article 9 Relevant departments of the State Council and local people’s governments at all levels shall take effective measures to protect the traditional ecological and cultural heritage of the Qinghai-Tibet Plateau and promote the excellent ecological culture of the Qinghai-Tibet Plateau.
The relevant departments of the State Council and local people’s governments at all levels should strengthen the publicity and education of ecological protection on the Qinghai-Tibet Plateau, spread the concept of ecological civilization, advocate a green and low-carbon lifestyle, improve the quality of ecological civilization of the whole people, and encourage and support units and individuals to participate in activities related to ecological protection on the Qinghai-Tibet Plateau.
The news media should take various forms to carry out propaganda and reports on ecological protection of the Qinghai-Tibet Plateau, and supervise the illegal activities by public opinion according to law.
Tenth units and individuals that have made outstanding contributions to the ecological protection of the Qinghai-Tibet Plateau shall be commended and rewarded in accordance with the relevant provisions of the state.
Chapter II Ecological Security Layout
Article 11 The state shall make overall plans for the ecological security layout of the Qinghai-Tibet Plateau, promote the comprehensive management, systematic management and source management of grass, sand and ice in mountains, rivers, forests, fields and lakes, implement major projects for the protection and restoration of important ecosystems, optimize the ecological security barrier system of the Qinghai-Tibet Plateau with water conservation, biodiversity protection, soil and water conservation, windbreak and sand fixation, and carbon sequestration of ecosystems as its main ecological functions, improve the quality, diversity, stability and sustainability of ecosystems, enhance the supply capacity of ecological products and the service function of ecosystems, and build a national ecological security barrier strategy.
Article 12 The local people’s governments at or above the county level on the Qinghai-Tibet Plateau shall organize the compilation of the territorial space planning of their respective administrative areas, and shall implement the relevant requirements of the state for the development and protection of the territorial space on the Qinghai-Tibet Plateau, make detailed arrangements for the functional spaces such as agriculture, ecology and towns, and make overall plans to delimit cultivated land and permanent basic farmland, the red line of ecological protection and the development boundary of cities and towns. The special planning involving the use of land and space in the Qinghai-Tibet Plateau should be linked with the land and space planning.
Thirteenth Qinghai-Tibet Plateau land space development and utilization activities should meet the requirements of land space use control. The conversion of uses in the ecological space of the Qinghai-Tibet Plateau should be conducive to enhancing the ecological functions of forests, grasslands, rivers, lakes, wetlands, glaciers, deserts and other ecosystems.
The people’s governments at the provincial level on the Qinghai-Tibet Plateau should strengthen the supervision and management of human activities within the red line of ecological protection and regularly evaluate the effectiveness of ecological protection.
Article 14 The people’s government at the provincial level on the Qinghai-Tibet Plateau shall, according to the ecological environment and the utilization of resources in their respective administrative areas, and in accordance with the requirements of the red line of ecological protection, the bottom line of environmental quality and the on-line utilization of resources, strictly formulate the ecological environment zoning control plan and the ecological environment access list, and report them to the competent department of ecological environment of the State Council for the record before implementation. Eco-environmental zoning control scheme and eco-environmental access list should be connected with national land spatial planning.
Article 15 The state strengthens the protection of forests, alpine meadows, grasslands, rivers, lakes, wetlands, snow-capped mountains and glaciers, plateau permafrost, deserts, spring areas and other ecosystems on the Qinghai-Tibet Plateau. Consolidate and upgrade the ecological function areas of grassland meadow wetland in Sanjiangyuan (the birthplace of Yangtze River, Yellow River and Lancang River), Zoige grassland wetland ecological function area, Gannan Yellow River important water supply ecological function area, Qilian Mountain glacier and water conservation ecological function area, Altun grassland desertification control ecological function area, Sichuan-Yunnan forest and biodiversity ecological function area, forest ecological function area on the edge of southeast Tibet Plateau, Qiangtang Plateau desert ecological function area in northwest Tibet, Ecological functions of national key ecological function area, such as water conservation, biodiversity conservation, soil and water conservation, windbreak and sand fixation, etc.
Article 16 The State supports the construction of a nature reserve system on the Qinghai-Tibet Plateau. People’s governments at the provincial level in the State Council and Qinghai-Tibet Plateau have set up national parks, nature reserves, natural parks and other nature reserves in the complete distribution areas of important typical ecosystems on the Qinghai-Tibet Plateau, sensitive areas of ecological environment, natural concentrated distribution areas of rare, endangered or endemic wild animals and plants, important habitats, important natural relics and important natural landscapes, and promoted the construction of nature reserves such as Sanjiangyuan, Qilian Mountain, Qiangtang, Mount Everest, Gaoligongshan and Gongga Mountain to maintain important natural ecosystems.
Article 17 The industrial structure and layout of the Qinghai-Tibet Plateau shall be compatible with the carrying capacity of the ecosystem, resources and environment of the Qinghai-Tibet Plateau. The relevant departments of the State Council and the local people’s governments at or above the county level on the Qinghai-Tibet Plateau shall, in accordance with the requirements of national spatial planning, adjust the industrial structure, optimize the layout of productive forces, give priority to the development of resource-saving and environment-friendly industries, moderately develop eco-tourism, characteristic culture, characteristic agriculture and animal husbandry, ethnic handicrafts and other regional characteristic eco-industries, and establish and improve a green, low-carbon and circular economy system.
The construction and expansion of industrial projects on the Qinghai-Tibet Plateau shall conform to the functional orientation of the regional main body and the requirements of the national industrial policy, and strictly implement the provisions on natural resource development, industrial access and exit.
Chapter III Ecological Protection and Restoration
Article 18 The state strengthens the ecological protection and restoration of the Qinghai-Tibet Plateau, adheres to the integrated protection and restoration of mountains, rivers, forests, fields, lakes, grass, sand and ice, and implements the systematic management of giving priority to natural restoration and combining natural restoration with artificial restoration.
Article 19 The relevant departments and local people’s governments in the State Council shall strengthen the ecological protection and restoration work in the Three Rivers source area, systematically protect and classify the national parks established according to law, scientifically adopt measures such as grazing prohibition and enclosure, intensify the control of degraded grasslands, degraded wetlands, desertified land and soil erosion, and comprehensively rectify severely degraded land; All kinds of resource development and utilization activities that destroy ecological functions or do not meet the requirements of differentiated management and control are strictly prohibited.
Article 20 The relevant departments of the State Council and the local people’s governments at or above the county level on the Qinghai-Tibet Plateau shall establish and improve the protection system of snow-capped glaciers and frozen soil on the Qinghai-Tibet Plateau, and strengthen the monitoring, early warning and systematic protection of snow-capped glaciers and frozen soil.
The people’s governments at the provincial level on the Qinghai-Tibet Plateau should include large-scale ice cap glaciers and small-scale glaciers in the red line of ecological protection, implement closed protection for important snow-capped glaciers, and take effective measures to strictly control human disturbance.
The people’s governments at the provincial level on the Qinghai-Tibet Plateau shall delimit the scope of protection of permafrost regions, strengthen the protection of permafrost regions and mid-deep seasonal permafrost regions, strictly control the development of resources in permafrost regions, and strictly examine and approve major engineering projects such as town planning, transportation, pipelines and power transmission and transformation in permafrost regions.
The people’s governments at the provincial level on the Qinghai-Tibet Plateau should carry out the coordinated protection of the snow-capped mountains, glaciers and frozen soil and the surrounding ecosystems, and maintain the natural ecological environment conducive to the protection of the snow-capped mountains, glaciers and frozen soil.
Article 21 The relevant departments of the State Council and the local people’s governments at all levels on the Qinghai-Tibet Plateau shall establish and improve the management and protection system for rivers and lakes on the Qinghai-Tibet Plateau, improve the system of long rivers and lakes, and increase the protection of key rivers such as the Yangtze River, the Yellow River, the Lancang River, the Yarlung Zangbo River and the Nujiang River, and key lakes such as Qinghai Lake, Zhaling Lake, Ering Lake, Selinchuo, Namco, Yangzhuo Yongcuo and Mapang Yongcuo.
The management scope of rivers and lakes in the Qinghai-Tibet Plateau shall be scientifically delineated and promulgated by the relevant local people’s governments at or above the county level according to law. It is forbidden to illegally use or occupy rivers, lakes and coastlines on the Qinghai-Tibet Plateau.
Article 22 The development and utilization of water resources in the Qinghai-Tibet Plateau shall conform to the comprehensive planning of river basins, adhere to scientific development and rational utilization, coordinate all kinds of water demand, give consideration to the interests of upstream and downstream, main tributaries and left and right banks, give full play to the comprehensive benefits of water resources, and ensure water safety and ecological safety.
Article 23 The state strictly protects natural grasslands in important ecological locations such as the source of great rivers on the Qinghai-Tibet Plateau, and classifies grasslands that play the most basic and important role in safeguarding national ecological security and ensuring the healthy development of grassland animal husbandry as basic grasslands according to law. The local people’s governments at or above the county level on the Qinghai-Tibet Plateau should strengthen the protection of grasslands on the Qinghai-Tibet Plateau, implement stricter protection and management of basic grasslands, and ensure that the area is not reduced, the quality is not degraded, and the use is not changed.
The state strengthens the ecological protection and restoration of alpine meadows and grasslands on the Qinghai-Tibet Plateau. The local people’s governments at or above the county level on the Qinghai-Tibet Plateau should optimize the construction of grassland fences, take effective measures to protect the original vegetation of grasslands, scientifically promote the ecological restoration of degraded grasslands, and implement comprehensive management of degraded grasslands such as black soil beaches.
Article 24 The local people’s governments at or above the county level on the Qinghai-Tibet Plateau and their relevant departments shall coordinate the grassland ecological protection and the development of animal husbandry in an overall way, and, in light of the local actual conditions, regularly check the carrying capacity of grasslands, implement the balance between grass and livestock, scientifically delimit grazing prohibition areas, and prevent overloading and overgrazing. Grassland severely degraded, desertified, salinized and rocky desertification and grassland in ecologically fragile areas shall be prohibited from grazing and closed for grazing.
Grassland contractors shall make rational use of grasslands and shall not exceed the approved livestock carrying capacity of grasslands; Measures such as planting and storing forage, increasing forage supply, adjusting livestock and optimizing herd structure are taken to keep the balance between forage and livestock.
Article 25 The state comprehensively strengthens the protection of natural forests on the Qinghai-Tibet Plateau, strictly restricts the cutting of natural forests, strengthens the protection of native zonal vegetation, optimizes the structure of forest ecosystem, and improves the shelter forest system in important river basins. The people’s governments at the provincial level in the State Council and the Qinghai-Tibet Plateau shall demarcate public welfare forests in important ecological areas and ecologically fragile areas of the Qinghai-Tibet Plateau according to law and implement strict management.
The local people’s governments at or above the county level in the Qinghai-Tibet Plateau and their relevant departments should scientifically implement land greening, adjust measures to local conditions, rationally allocate arbor, shrub and grass vegetation, give priority to the use of native tree species and grass seeds, improve the quality of greening, and strengthen pest control and forest and grassland fire prevention.
Article 26 The State strengthens the protection and restoration of wetlands on the Qinghai-Tibet Plateau, enhances the ecological functions of wetlands such as water conservation, climate regulation and biodiversity protection, and enhances the carbon sequestration capacity of wetlands.
The local people’s governments at or above the county level on the Qinghai-Tibet Plateau should strengthen the coordination of wetland protection, take effective measures, implement the requirements of the total wetland area control target, optimize the spatial layout of wetland protection, strengthen the overall protection of river sources, upper and middle reaches and peat swamp wetlands, and comprehensively rectify and restore wetlands with serious ecological degradation.
It is forbidden to exploit peat in peat swamp wetlands such as Xingsuhai, Zhaling Lake, Eling Lake and Zoige. It is forbidden to open (enclose) reclamation, drain natural wetlands and other acts that destroy wetlands and their ecological functions.
Article 27 The local people’s governments at all levels on the Qinghai-Tibet Plateau and their relevant departments shall implement the strictest farmland protection system, take effective measures to improve the basic fertility of cultivated land, enhance the ecological function of cultivated land, and protect and improve the ecological environment of cultivated land; Encourage and support agricultural producers and operators to adopt the methods of combination of cultivation and utilization, saline-alkali land improvement, ecological cycle and comprehensive utilization of wastes, scientifically utilize cultivated land, popularize the use of green and efficient agricultural production technologies, strictly control the application of chemical fertilizers and pesticides, and scientifically dispose of agricultural wastes such as agricultural films and crop straws.
Article 28 The competent departments of forestry, grassland, agriculture and rural areas of the State Council, together with the relevant departments of the State Council and the provincial people’s government of Qinghai-Tibet Plateau, shall, in accordance with the division of responsibilities, conduct a survey of wildlife species, put forward opinions on implementing protection measures according to the survey, improve the relevant directory system, and strengthen the protection of important habitats of wildlife, migration routes and original habitats of wild plants. Key protection will be given to wild yak, Tibetan antelope, Przewalski’s gazelle, snow leopard, giant panda, Gaoligong white-browed gibbon, black-necked crane, Hucho taiwanensis, yellow river fish with bony lips, black-spotted pheasant, flat-nosed fish, naked carp and Rhodiola crenulata, Cyperaceae in Tibet, snow rabbit and other rare and endangered or endemic wild animal and plant species on the Qinghai-Tibet Plateau.
The state supports the development of wild animal rescue and breeding bases and the construction of botanical gardens and plateau biological germplasm resources banks, and strengthens the rescue and ex-situ protection of rare, endangered or endemic wild animal and plant species on the Qinghai-Tibet Plateau.
The local people’s governments at or above the county level on the Qinghai-Tibet Plateau shall organize relevant units and individuals to actively carry out comprehensive prevention and control of wildlife damage. If wildlife causes casualties or losses to livestock, crops or other property, compensation shall be given according to law.
Article 29 The State strengthens the protection of biodiversity on the Qinghai-Tibet Plateau, implements major projects for biodiversity protection, and prevents the destruction of biodiversity.
Relevant departments in the State Council and local people’s governments at all levels on the Qinghai-Tibet Plateau should take effective measures to establish and improve ecological corridors and enhance the integrity and connectivity of ecosystems.
Article 30 The local people’s governments at or above the county level on the Qinghai-Tibet Plateau and their departments in charge of forestry and grassland shall take measures such as the closure and protection of desertified land, the protection and restoration of vegetation, and strengthen the ecological protection of desert and the comprehensive management of desertified land.
Article 31 The people’s governments at the provincial level on the Qinghai-Tibet Plateau shall take measures such as closed cultivation, rotational grazing, and resettlement, and implement key control projects such as plateau mountains, farmland sand belt, river bank belt, and ecological protection belt to enhance the function of soil and water conservation.
Article 32 The water administrative department of the State Council and the people’s government at the provincial level on the Qinghai-Tibet Plateau shall take effective measures to strengthen the prevention and control of soil erosion in the headwaters of the three rivers, the Heihe River Basin of Qilian Mountain, the upper reaches of Jinsha River and Minjiang River, the Yarlung Zangbo River, and the areas where the Jinsha River, Lancang River and Nujiang River are in parallel, as well as the key prevention areas and control areas of soil erosion, and the valley areas with relatively dense population.
It is forbidden to carry out production and construction activities that may cause soil erosion in areas with serious soil erosion and fragile ecology on the Qinghai-Tibet Plateau. If it is really necessary to build because of the national development strategy and the national economy and people’s livelihood, it should be scientifically demonstrated, and the examination and approval procedures should be handled according to law, and the disturbance scope should be strictly controlled.
Article 33 The establishment of exploration rights and mining rights on the Qinghai-Tibet Plateau shall conform to the requirements of national spatial planning and mineral resources planning. It is prohibited by law to engage in sand mining and mining activities that do not meet the requirements of ecological protection and control in the nature reserves at the source of rivers such as the Yangtze River, the Yellow River, the Lancang River, the Yarlung Zangbo River and the Nujiang River.
Engaged in mineral resources exploration and mining activities in the Qinghai-Tibet Plateau, the prospecting and mining rights holders shall adopt advanced and applicable technologies, equipment and products, and choose environmentally friendly and safe exploration and mining technologies and methods to avoid or reduce the damage to mineral resources and ecological environment; It is forbidden to use technologies, equipment and products that have been explicitly eliminated by the state. Engaged in mineral resources exploration and mining activities in eco-environment sensitive areas shall comply with relevant control requirements and take protective measures such as avoidance, mitigation and timely restoration and reconstruction to prevent environmental pollution and ecological damage.
Article 34 The local people’s governments at or above the county level on the Qinghai-Tibet Plateau should take measures such as eliminating hidden dangers of geological disasters, land reclamation, vegetation restoration and pollution prevention and control according to local conditions, speed up the ecological restoration of mines left over from history, strengthen the supervision and management of mines under construction and operation, and urge mining rights holders to fulfill their responsibilities of mine pollution prevention and ecological restoration according to law.
Mining mineral resources in the Qinghai-Tibet Plateau should scientifically compile the mining plan of mineral resources and the ecological restoration plan of mining areas. New mines shall be planned, designed, constructed and operated in strict accordance with the standards for green mine construction. Production mines should implement green upgrading, strengthen the operation and management of tailings ponds, and prevent and resolve environmental and safety risks.
Chapter IV Prevention and Control of Ecological Risks
Article 35 The State shall establish and improve the ecological risk prevention and control system of the Qinghai-Tibet Plateau, take effective measures to improve the ability and level of ecological risk prevention and control such as natural disaster prevention and climate change response, and ensure the ecological security of the Qinghai-Tibet Plateau.
Article 36 The State shall strengthen the investigation, evaluation, monitoring and early warning of natural disasters on the Qinghai-Tibet Plateau.
The relevant departments of the State Council and the local people’s governments at or above the county level on the Qinghai-Tibet Plateau and their relevant departments shall strengthen the investigation, evaluation, monitoring and early warning of natural disasters such as earthquakes, avalanches, ice collapses, mountain collapses, landslides, mudslides, glacial lake bursts, frozen soil melting, forest and grassland fires, heavy rains (snows), droughts, etc.
When engineering construction is carried out in areas prone to geological disasters, the risk assessment of geological disasters shall be carried out in accordance with relevant regulations, and measures such as project management or relocation and avoidance shall be taken in time.
Article 37 The relevant departments of the State Council and the local people’s governments at or above the county level on the Qinghai-Tibet Plateau shall strengthen the comprehensive management of natural disasters, raise the standards of natural disaster prevention projects such as earthquakes, mountain torrents, glacial lake bursts and geological disasters, and establish natural disaster prevention projects and non-engineering systems that are compatible with the ecological protection of the Qinghai-Tibet Plateau.
Construction and operation units of infrastructure projects such as transportation, water conservancy, electric power, municipal administration and border crossings shall undertake the obligation of prevention and control of natural disasters according to law, take comprehensive control measures, strengthen the prevention and control of natural disasters during project construction and operation, and ensure the safety of people’s lives and property.
Article 38 If major engineering construction may cause ecological and geological environmental impacts, the construction unit shall, according to the conditions of sensitive and fragile areas along the engineering line, formulate ecological and geological environmental monitoring programs along the line and carry out full-life cycle monitoring of ecological and geological environmental impacts, including background monitoring before the project starts, ecological and geological environmental impact monitoring during the engineering construction, and follow-up monitoring of ecological and geological environmental changes and protection and restoration during the engineering operation period.
Major projects should avoid important habitats of wild animals, migration routes and natural concentrated distribution areas of national key protected wild plants; If it is impossible to avoid it, measures such as building wildlife passages and ex situ conservation should be taken to avoid or reduce the impact on natural ecosystems and wildlife.
Thirty-ninth local people’s governments at or above the county level in the Qinghai-Tibet Plateau shall strengthen the protection and management of the germplasm resources in the Qinghai-Tibet Plateau, organize the investigation and collection of the germplasm resources, and improve the relevant resources protection facilities and databases.
It is forbidden to collect or cut natural germplasm resources under special state protection on the Qinghai-Tibet Plateau. If it is necessary to collect or cut for scientific research, pest control, natural disaster prevention, etc., approval shall be obtained according to law.
Article 40 The relevant departments of the State Council and the provincial people’s government of Qinghai-Tibet Plateau shall, in accordance with the division of responsibilities, make overall plans to promote the prevention and control of alien invasive species in the region, implement the management of examination and approval of alien species introduction, strengthen the prevention and control of alien invasive species at ports, and strengthen the investigation, monitoring, early warning, control, evaluation, removal and ecological restoration of alien invasive species.
No unit or individual may introduce, release or discard alien species without approval.
Article 41 The State shall strengthen the monitoring of climate change and its comprehensive impact, establish a forecasting system for the impact of climate change on the Qinghai-Tibet Plateau ecosystem, climate system, water resources, rare and endangered or endemic wildlife, snow-capped mountains, glaciers and frozen soil and natural disasters, improve the ecological risk reporting and early warning mechanism, and strengthen the assessment of the impact of climate change on the Qinghai-Tibet Plateau and the evolution of plateau ecosystem.
The people’s governments at the provincial level on the Qinghai-Tibet Plateau should carry out monitoring and risk assessment of the impact of melting and degradation of frozen soil in snow-capped mountains on regional ecosystems.
Chapter V Guarantee and Supervision
Article 42 The State shall increase financial investment in ecological protection and restoration of the Qinghai-Tibet Plateau, and the central government shall allocate special funds for ecological protection and restoration of the Qinghai-Tibet Plateau, prevention and control of ecological risks, etc. The investment in the central budget will tilt the infrastructure and basic public service facilities in the Qinghai-Tibet Plateau.
The local people’s governments at or above the county level on the Qinghai-Tibet Plateau should increase capital investment and focus on supporting the construction of ecological protection and restoration projects on the Qinghai-Tibet Plateau.
Article 43 The State shall increase the financial transfer payment, and compensate the areas with important ecological functions on the Qinghai-Tibet Plateau by increasing the transfer payment coefficient and adding ecological and environmental protection expenditure. The people’s government at the provincial level on the Qinghai-Tibet Plateau should fully incorporate the areas with important ecological functions into the scope of compensation transfer payment for ecological protection at the provincial level, and promote the combination of ecological protection and improvement of people’s livelihood.
By carrying out the unified registration of natural resources, the state explores and determines the ownership of ecological products in the Qinghai-Tibet Plateau, improves the management and development mechanism of ecological products, encourages the creation of regional public brands of ecological products with characteristics in the Qinghai-Tibet Plateau, and forms a diversified path to realize the value of ecological products.
Article 44 The state provides support for the ecological protection of the Qinghai-Tibet Plateau, implements financial and tax policies conducive to water conservation, energy conservation, soil and water conservation, environmental protection and comprehensive utilization of resources, and encourages the development of financial products such as green credit, green bonds and green insurance.
The state encourages and supports non-profit organizations and social capital to participate in the ecological protection and restoration of the Qinghai-Tibet Plateau, and to carry out activities such as ecological product development, industrial development, scientific and technological innovation and technical services.
Article 45 The state supports the construction of an energy system based on wind power, photovoltaic power generation, hydropower, water and wind complementary power generation, light and heat, geothermal and other clean energy sources in the Qinghai-Tibet Plateau according to local conditions, strengthens the construction of clean energy transmission channels, and promotes the green and low-carbon transformation of energy sources.
In addition to ensuring residents’ electricity consumption and consolidating border defense needs, it is forbidden to build new small hydropower projects on the Qinghai-Tibet Plateau.
Article 46 The development of eco-tourism on the Qinghai-Tibet Plateau should meet the requirements of resource and ecological protection, respect and maintain local traditional culture and customs, and protect and rationally utilize tourism resources.
Local people’s governments at all levels and their relevant departments shall, in accordance with the relevant provisions of the state, scientifically develop eco-tourism products on the Qinghai-Tibet Plateau, design tourist routes, and reasonably control the number of tourists and the scale of related infrastructure construction.
Organizing or participating in Qinghai-Tibet Plateau tourism, mountain outdoor sports and other activities shall abide by safety regulations and civilized behavior norms, and meet the requirements of regional eco-tourism and mountain outdoor sports control and norms; It is forbidden to destroy the natural landscape and grassland vegetation, hunt and collect wild animals and plants.
Organize or participate in activities such as tourism on the Qinghai-Tibet Plateau and outdoor sports in mountainous areas, and should take away the garbage generated by themselves or put it in designated places; It is forbidden to dump or scatter domestic garbage at will.
Article 47 The local people’s governments at or above the county level on the Qinghai-Tibet Plateau shall, according to the carrying capacity of regional resources and environment, make overall plans to promote the construction of major infrastructure such as transportation, water conservancy and energy, and environmental infrastructure such as the collection and treatment of domestic sewage and garbage, strengthen the ecological protection and restoration in cities and neighboring areas, make overall plans for the construction of comprehensive service facilities in urban and rural communities, and accelerate the equalization of basic public services.
The local people’s governments at all levels on the Qinghai-Tibet Plateau should take effective measures to promote the treatment of rural domestic sewage and garbage, promote the renovation of rural sanitary toilets and rural greening, continuously improve the rural living environment, shape the rural landscape, and build an ecologically livable beautiful countryside.
Article 48 The relevant departments of the State Council and the local people’s governments at or above the county level on the Qinghai-Tibet Plateau shall, in accordance with the division of responsibilities, supervise and inspect various activities of ecological protection on the Qinghai-Tibet Plateau, investigate and deal with illegal acts, disclose relevant information on ecological protection on the Qinghai-Tibet Plateau according to law, and improve the procedures for public participation.
Units and individuals have the right to report and accuse illegal acts that pollute the environment and destroy the ecology of the Qinghai-Tibet Plateau according to law.
Article 49 The relevant departments of the State Council and the local people’s governments at or above the county level on the Qinghai-Tibet Plateau and their relevant departments shall strengthen the capacity building of ecological protection supervision and management on the Qinghai-Tibet Plateau, improve the level of science and technology and informatization, establish a law enforcement coordination mechanism, and carry out joint law enforcement for major illegal cases and illegal cases across administrative regions and ecologically sensitive areas according to law.
Article 50 The state implements the performance evaluation system of ecological protection on the Qinghai-Tibet Plateau, and includes the improvement of environmental quality, the effectiveness of ecological protection and the supply capacity of ecological products in the index system.
Article 51 The State strengthens the construction of judicial guarantee for the ecological protection of the Qinghai-Tibet Plateau and encourages relevant units to provide legal services for the ecological protection of the Qinghai-Tibet Plateau.
Administrative law enforcement organs, people’s courts and people’s procuratorates at all levels in the Qinghai-Tibet Plateau, in the process of investigating and handling illegal acts of ecological protection in the Qinghai-Tibet Plateau according to law, or handling compensation litigation and public interest litigation for damage to natural resources and ecological environment, shall transfer criminal clues to organs with investigation and investigation powers.
Article 52 The local people’s governments at or above the county level on the Qinghai-Tibet Plateau shall regularly report to the people’s congresses at the corresponding levels or their standing committees on the ecological protection of the Qinghai-Tibet Plateau by the people’s governments at the corresponding levels.
Chapter VI Legal Liability
Article 53 If the relevant departments of the State Council and local people’s governments at all levels and their relevant departments violate the provisions of this Law and commit dereliction of duty, abuse of power and malpractice in performing relevant duties, the directly responsible person in charge and other directly responsible personnel shall be given a warning, demerit, gross demerit or demotion according to law; If serious consequences are caused, he shall be dismissed or expelled, and the principal responsible person shall take the blame and resign.
Article 54 Whoever, in violation of the provisions of this Law, commits any of the following acts on the Qinghai-Tibet Plateau shall be given a heavier punishment in accordance with the provisions of relevant laws and regulations:
(a) engaged in resource development and utilization activities in national parks, causing ecological damage;
(2) Exploitation of peat or reclamation and drainage of natural wetlands in peat swamp wetlands such as Xingsuhai, Zhaling Lake, Eling Lake and Zoige;
(three) to carry out production and construction activities that may cause soil erosion in areas with serious soil erosion and fragile ecology;
(4) Collecting or cutting natural germplasm resources under special state protection;
(5) Introducing, releasing or discarding alien species without authorization;
(six) the destruction of natural landscape or grassland vegetation;
(7) Hunting and collecting wildlife under special state or local protection.
Article 55 Whoever, in violation of the provisions of this Law, uses or occupies rivers, lake waters and coastlines of the Qinghai-Tibet Plateau shall be ordered by the water administrative department of the people’s government at or above the county level to stop the illegal act, dismantle it within a time limit and restore it to its original state, and be fined between 50,000 yuan and 500,000 yuan; If it is not removed or restored to its original state within the time limit, it will be forcibly removed or restored to its original state on its behalf, and the expenses required will be borne by the offender.
Article 56 Whoever, in violation of the provisions of this Law, engages in mining activities that do not meet the requirements of ecological protection and control in nature reserves at the source of rivers such as the Yangtze River, the Yellow River, the Lancang River, the Yarlung Zangbo River and the Nujiang River, shall be ordered by the competent department of natural resources and ecological environment to make corrections according to the division of responsibilities, and the illegal income and equipment and tools directly used for illegal mining shall be confiscated; Illegal income of more than one hundred thousand yuan, and impose a fine of ten times more than twenty times the illegal income; If the illegal income is less than 100,000 yuan, a fine of not less than 100,000 yuan but not more than 1 million yuan shall be imposed.
Article 57 Where a construction unit builds a small hydropower project in violation of the provisions of this Law, it shall be ordered by the local people’s government at or above the county level to stop the construction, and shall be ordered to restore the original state according to the illegal circumstances and harmful consequences, and a fine of not less than 1% but not more than 5% shall be imposed on the construction of total investment of the project.
Article 58 Whoever, in violation of the provisions of this Law, dumps or scatters domestic garbage at will during tourism and outdoor sports in mountainous areas shall be ordered by the competent department of environmental sanitation or the department designated by the local people’s government at or above the county level to make corrections, and the individual shall be fined from 100 yuan to 500 yuan, and if the circumstances are serious, a fine of from 500 yuan to 10,000 yuan shall be imposed; A fine of not less than 50,000 yuan but not more than 500,000 yuan shall be imposed on the unit.
Article 59 If anyone pollutes the environment of the Qinghai-Tibet Plateau or destroys the ecology of the Qinghai-Tibet Plateau and causes damage to others, the infringer shall bear the tort liability.
In case of damage to the ecological environment of the Qinghai-Tibet Plateau caused by violation of state regulations, the organ prescribed by the state or the organization prescribed by law shall have the right to request the infringer to bear the responsibility for repair, compensate the losses and related expenses.
Article 60 Whoever violates the provisions of this Law and constitutes a violation of public security administration shall be given administrative penalties for public security according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VII Supplementary Provisions
Article 61 The relevant county-level administrative regions stipulated in the second paragraph of Article 2 of this Law shall be determined by the departments authorized by the State Council.
Article 62 Provinces, autonomous regions, cities divided into districts and autonomous prefectures on the Qinghai-Tibet Plateau may formulate specific measures for ecological protection on the Qinghai-Tibet Plateau in light of local conditions.
Article 63 This Law shall come into force as of September 1, 2023.