Regulations on the protection and management of geological relics
(promulgated by order No. 21 of the Ministry of Geology and mineral resources on May 4, 1995)
Chapter I General Provisions
Article 2 These Provisions shall apply to all kinds of geological relics within the territory of the people's Republic of China and the sea areas under its jurisdiction.
Article 3 the geological relics mentioned in these Provisions refer to the precious and non renewable geological natural heritage formed, developed and left over by various internal and external dynamic geological processes during the long geological history of the earth's evolution.
Article 4 the protected geological relics are the precious wealth of the state, and no unit or individual may destroy, excavate, buy, sell or transfer them in other forms.
Article 5 the protection of geological relics is a part of environmental protection, and the principle of "active protection and rational development" shall be implemented.
Article 6 the administrative department of Geology and mineral resources under the State Council shall, with the assistance of the administrative department of environmental protection under the State Council, exercise supervision and administration over the protection of geological relics throughout the country. The administrative departments of Geology and mineral resources of the people's governments at or above the county level shall, with the assistance of the administrative departments of environmental protection at the same level, exercise supervision and administration over the protection of geological relics within their respective jurisdictions.
Chapter II protection of geological relics
Article 7 the following geological relics shall be protected:
1、 Typical stratotype sections (including sub stratotype sections), stratigraphic sections of fossil assemblage zones, lithologic and lithofacies formation sections, and typical geological structural sections and structural features with great scientific research value for tracing geological history.
2、 Fossils and places of origin of ancient humans and vertebrates, invertebrates, microfossils, paleoplants and other important paleontological activity traces with important scientific and cultural value for geological evolution and biology.
3、 Karst, Danxia, loess, Yadan, granite peak, quartz sandstone peak forest, volcano, iceberg, meteorite, Mingsha, coast and other strange geological landscapes with great scientific research and ornamental value.
4、 Rocks, minerals, gemstones and other typical producing areas with special subject research and ornamental value.
5、 It has unique medical and health functions or scientific research value, hot springs, mineral springs, mineral mud, traces of groundwater activities, and waterfalls, lakes, and strange springs with special geological significance.
6、 Typical earthquake, ground fissure, collapse, subsidence, collapse, landslide, debris flow and other geological disaster relics with scientific research significance.
7、 Other geological relics that need to be protected.
Chapter III construction of protected areas for geological relics
Article 8 for geological relics of international, domestic and regional typical significance, national, provincial and county-level geological relics protection sections, geological relics protection points or geological parks may be established, hereinafter referred to as geological relics protection areas.
Article 9 the classification standards for geological heritage protection areas are as follows:
National level:
1、 Geological relics that can provide important geological evidence for a major geological historical event or evolution stage in the evolution process of a large region or even the world.
2、 Typical sections, fossils and places of origin with international or domestic regional stratigraphic (structural) correlation significance.
3、 Geological landscapes or phenomena with international or domestic typical geological significance.
Provincial:
1、 Geological relics that can provide important geological evidence for the evolution stage of regional geological history.
2、 Typical sections, fossils and places of origin with regional stratigraphic (structural) correlation significance.
3、 In terms of geological zoning and classification, it is a geological landscape with representative or high historical, cultural and tourism value.
County level:
1、 Typical sections and fossil producing areas with scientific research value within the scope of the county.
2、 Geological landscape or geological phenomenon with characteristics in a small area.
Article 10 application and approval of geological heritage protection areas:
The establishment of a national geological heritage reserve shall be applied by the administrative department of Geology and mineral resources under the State Council or the people's Government of the province, autonomous region or municipality directly under the central government where the geological heritage is located. After being reviewed by the review committee of the National Nature Reserve, the administrative Department of environmental protection under the State Council shall review and sign comments, and submit them to the State Council for approval and publication.
The administrative department of Geology and mineral resources under the State Council shall declare to the relevant administrative departments under the State Council the national geological heritage protection areas to be included in the world natural heritage list.
The establishment of provincial-level geological relics protection zones shall be applied by the local (city), county (city) people's governments or the administrative departments of Geology and mineral resources at the same level. After being reviewed by the provincial-level natural reserves Review Committee, the administrative departments of environmental protection under the people's governments of provinces, autonomous regions and municipalities directly under the central government shall review and sign their opinions, and submit them to the people's governments of provinces, autonomous regions and municipalities directly under the central government for approval and publication.
The establishment of a geological heritage protection area at the county level shall be applied by the administrative department of Geology and mineral resources of the people's government at the county level where the geological heritage is located. After being reviewed by the review committee of the nature reserve at the county level, the administrative department of environmental protection of the people's government at the county (city) level shall review and sign the opinion, and submit it to the people's government at the county (city) level for approval and publication.
The establishment of a geological protection area for geological relics spanning more than two administrative regions shall be applied by the people's Government of the relevant administrative region or the administrative department of Geology and mineral resources at the same level after consensus through consultation, and shall be examined and approved in accordance with the procedures specified in the preceding three paragraphs.
Article 11 classification of degree of protection:
The geological relics in the reserve can be protected at the first level, the second level and the third level respectively.
First level protection: the first level protection shall be implemented for geological relics with extremely rare and important scientific value at home and abroad, and they shall not enter without approval. With the approval of the administrative department of Geology and mineral resources of the people's government that established the geological heritage reserve at this level, it may organize visits, scientific research or international exchanges.
Secondary protection: secondary protection shall be implemented for geological relics with important scientific value in a large area. With the approval of the administrative department of Geology and mineral resources of the people's government that established the geological heritage reserve at this level, scientific research, teaching, academic exchanges and appropriate tourism activities may be organized.
Three level protection: three level protection shall be implemented for geological relics with certain value. With the approval of the administrative department of Geology and mineral resources of the people's government that established the geological heritage reserve at this level, tourism activities may be organized.
Chapter IV administration of geological heritage protection areas
Article 12 the administrative department of Geology and mineral resources under the State Council shall draw up the development plan for the national geological heritage protection areas, which shall be reviewed and signed by the administrative department of environmental protection under the State Council, and then submitted to the State Council for approval and implementation after comprehensive balance by the planning department under the State Council. The administrative department of Geology and mineral resources of the people's government at or above the county level shall draw up the development plan for geological heritage protection areas within its jurisdiction, which shall be reviewed and signed by the administrative department of environmental protection at the same level, and then submitted to the people's government at the same level for approval and implementation after comprehensive balance by the planning department at the same level.
Article 13 the establishment of geological heritage protection zones shall take into account the integrity of the protected objects and the needs of local economic construction and the production and living of the masses.
Article 14 the scope and boundary of a geological heritage protection area shall be determined by the people's government that approved the establishment of the protection area, fixed signs shall be buried and a public announcement shall be issued. Without the approval of the original examination and approval authority, no unit or individual may move or change the steles and boundary markers without authorization.
Article 15 the management of geological heritage protection areas may take the following forms:
The administrative department of Geology and mineral resources of the people's Government of the place where the reserve is located shall manage the independent geological heritage reserve.
For geological heritage reserves distributed in other types of nature reserves, the administrative department of Geology and mineral resources where the reserves are located shall manage the geological heritage reserves with the assistance of the original nature reserve management organization according to the protection requirements put forward by the approval authority of the geological heritage reserves.
Article 16 the main responsibilities of the administrative organ of the geological heritage reserve are as follows:
1、 Implement the national guidelines, policies, laws and regulations on the protection of geological relics.
2、 Formulate management system to manage various activities in the reserve, including scientific research, teaching, tourism and other activities.
3、 Monitor and maintain the contents of protection to prevent damage and pollution of relics.
4、 Carry out publicity and education activities on the protection of geological relics.
Article 17 No unit or individual may carry out quarrying, earth borrowing, mining, grazing, logging or other activities that may damage the protected objects within the protected area and within a certain range that may affect geological relics. No specimen or fossil may be collected within the reserve without the approval of the administrative authority.
Article 18 no plant or other construction facilities unrelated to the protection of geological relics shall be built in the reserve; Facilities that have been built and may cause pollution or damage to geological relics shall be treated within a time limit or closed for relocation.
Article 19 the administrative agency may approve units or individuals to engage in scientific research, teaching and tourism activities within the scope of the protected work area according to the degree of protection of geological relics. The scientific research achievements obtained shall be submitted to the geological heritage protection and management institution for filing.
Chapter V Legal Liability
Article 20 in accordance with the relevant provisions of the regulations of the people's Republic of China on nature reserves, the administrative agency of geological heritage reserves may, depending on the circumstances, give a warning, a fine, confiscate the illegal gains and order compensation for the losses of those who commit one of the following acts.
1、 Moving and damaging steles and boundary markers without authorization in violation of Article 14 of these provisions;
2、 Those who violate Article 17 of these Provisions by quarrying stones, taking earth, mining, grazing, cutting down and collecting specimens and fossils;
3、 Causing pollution and damage to geological relics in violation of Article 18 of these provisions;
4、 Violating Article 19 of these Provisions, disobeying the management of the management institution of the reserve, or engaging in scientific research without submitting a copy of the research results to the management unit.
Article 21 the administrative department at a higher level shall impose administrative sanctions on the managers who neglect their duties, steal from themselves, and destroy relics. If the case constitutes a crime, criminal responsibility shall be investigated according to law.
Article 22 If a party is not satisfied with the decision on administrative penalty, he may file an administrative reconsideration and an administrative lawsuit.
Chapter VI supplementary provisions
Article 23 the Ministry of Geology and mineral resources shall be responsible for the interpretation of these provisions.
Article 24 the administrative departments of Geology and mineral resources of the people's governments of all provinces, autonomous regions and municipalities directly under the central government may formulate local implementation rules in accordance with these provisions.
Article 25 these Provisions shall enter into force as of the date of promulgation.