Wetland Protection Law of the People's Republic of China
Wetland Protection Law of the People's Republic of China
Wetland Protection Law of the People's Republic of China
Order of the President of the People's Republic of China No.102
December 24, 2021
The Wetland Protection Law of the People's Republic of China, which was adopted at the 32nd meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 24, 2021, is hereby promulgated for implementation as of June 1, 2022.
Xi Jinping, President of the People's Republic of China
Wetland Protection Law of the People's Republic of China
(Adopted at the 32nd meeting of the Standing Committee of the 13th National People's Congress on December 24, 2021)
Contents
Chapter I General Provisions
Chapter II Wetland Resources Management
Chapter III Wetland Protection and Utilization
Chapter IV Wetland Restoration
Chapter V Supervision and Inspection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 The Wetland Protection Law of the People's Republic of China (hereinafter referred to as the "Law") is formulated in order to strengthen the protection of wetlands, maintain the ecological functions and biological diversity of wetlands, ensure ecological safety, promote the construction of ecological civilization, and realize the harmony between humankind and nature.
Article 2 The Law shall apply to the protection, utilization, and restoration of wetlands and related management activities within the territory and other sea areas under the jurisdiction of the People's Republic of China.
For the purpose of the Law, wetlands refer to the natural or artificial, perennial or seasonal ponding areas or waters with significant ecological functions, including sea areas with a water depth of not more than six meters at low tide but excluding paddy fields and artificial waters and beaches used for aquaculture. The State exercises the catalog-based administration of wetlands at different levels.
The protection, utilization, and related management activities of wetlands including rivers, lakes, and sea areas shall also be governed by the provisions of the Water Law of the People's Republic of China, the Flood Control Law of the People's Republic of China, the Law of the People's Republic of China on the Prevention and Control of Water Pollution, the Marine Environment Protection Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of the Yangtze River, the Fisheries Law of the People's Republic of China, the Law of the People's Republic of China on the Administration of the Use of Sea Areas, and other relevant laws.
Article 3 The protection of wetlands shall adhere to the principles of according priority to protection, strict management, systematic treatment, scientific restoration, and reasonable utilization so that multiple ecological functions of wetlands such as water conservation, climate regulation, environmental improvement, and biodiversity maintenance are brought into play.
Article 4 People's governments at or above the county level shall incorporate the protection of wetlands into the national economic and social development plan, and include the funds needed for the protection of wetlands in the budget according to the principle of division of powers and responsibilities.
Local people's governments at or above the county level shall be responsible for the protection of wetlands within their respective administrative regions and take measures to maintain the stability of wetland areas and enhance the ecological functions of wetlands.
Township people's governments shall organize the masses to properly protect wetlands, and villagers' committees shall render assistance.
Article 5 The competent forestry and grassland authority under the State Council shall be responsible for the supervision and administration of wetland resources, as well as the drafting of wetland protection plans and the relevant national standards, the supervision and administration of wetland development and utilization, and the ecological protection and restoration of wetlands. Other relevant authorities of natural resources, water administration, housing and urban-rural development, ecology and environment, and agriculture and rural affairs under the State Council shall undertake the work relating to the protection, restoration, and management of wetlands according to their respective duties.
The competent forestry and grassland authority under the State Council shall, in concert with the competent authorities of natural resources, water administration, housing and urban-rural development, ecology and environment, and agriculture and rural affairs under the State Council, establish a wetland protection coordination and information notification mechanism.
Article 6 Local people's governments at or above the county level shall strengthen the coordination of wetland protection. The relevant departments of local people's governments at or above the county level shall be responsible for the protection, restoration, and management of wetlands according to their respective duties.
Article 7 People's governments at all levels shall strengthen the publicity and education on wetland protection and the popularization of scientific knowledge to raise public awareness of protecting wetlands through publicity and education campaigns, such as setting up wetland protection days or wetland protection weeks; they shall encourage grass-roots mass autonomous organizations, social organizations, and volunteers to carry out the publicity of laws and regulations and knowledge on wetland protection to create a good atmosphere for wetland protection.
Competent education authorities and schools shall focus on cultivating the awareness of students on the protection of wetlands in their education and teaching activities.
News media shall carry out public welfare publicity of laws and regulations and knowledge on wetland protection, and conduct supervision by public opinions against acts which destroy wetlands.
Article 8 The State encourages entities and individuals to participate in wetland protection activities by means of donations, funding, and volunteer services.
Entities and individuals that have made outstanding achievements in wetland protection will be commended and rewarded in accordance with the relevant provisions of the State.
Article 9 The State supports the research, development, application, and promotion of wetland protection science and technology and strengthens the cultivation of wetland protection professionals and technicians to improve wetland protection science and technology.
Article 10 The State supports the international cooperation and exchanges in respect of wetland protection science and technology, biological diversity, and bird migration.
Article 11 Any entity or individual has the obligation to protect wetlands and the right to report or make an accusation against any act which destroys wetlands. The organ which receives a report or accusation shall deal with it in a timely manner and protect the legitimate rights and interests of the reporter or accuser in accordance with the law.
Chapter II Wetland Resources Management
Article 12 The State has set up a wetland resource investigation and evaluation system.
The competent authority of natural resources under the State Council shall, in concert with the relevant forestry and grassland authority and other relevant authorities under the State Council, regularly conduct investigations and evaluations of wetland resources nationwide by investigating, among others, the types, distribution, areas, biodiversity, protection, and utilization of wetlands and establish a unified information release and sharing mechanism.
Article 13 The State operates a total wetland area control system and has incorporated the total wetland area control target into the wetland protection target responsibility system.
The competent authorities of forestry and grassland and natural resources under the State Council shall, in concert with the relevant authorities under the State Council, determine the total wetland area control targets of the whole country and all provinces, autonomous regions, and municipalities directly under the Central Government according to the status of wetland resources, natural changes, and the total wetland area control requirements and submit the same to the State Council for approval. Local people's governments at all levels shall take effective measures to meet the requirements for the total wetland area control targets.
Article 14 The State exercises the administration of wetlands at different levels and divides wetlands into important wetlands and general wetlands according to the ecological location, area, and the importance of maintaining ecological functions and biodiversity.
......
Order of the President of the People's Republic of China No.102
December 24, 2021
The Wetland Protection Law of the People's Republic of China, which was adopted at the 32nd meeting of the Standing Committee of the 13th National People's Congress of the People's Republic of China on December 24, 2021, is hereby promulgated for implementation as of June 1, 2022.
Xi Jinping, President of the People's Republic of China
Wetland Protection Law of the People's Republic of China
(Adopted at the 32nd meeting of the Standing Committee of the 13th National People's Congress on December 24, 2021)
Contents
Chapter I General Provisions
Chapter II Wetland Resources Management
Chapter III Wetland Protection and Utilization
Chapter IV Wetland Restoration
Chapter V Supervision and Inspection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 The Wetland Protection Law of the People's Republic of China (hereinafter referred to as the "Law") is formulated in order to strengthen the protection of wetlands, maintain the ecological functions and biological diversity of wetlands, ensure ecological safety, promote the construction of ecological civilization, and realize the harmony between humankind and nature.
Article 2 The Law shall apply to the protection, utilization, and restoration of wetlands and related management activities within the territory and other sea areas under the jurisdiction of the People's Republic of China.
For the purpose of the Law, wetlands refer to the natural or artificial, perennial or seasonal ponding areas or waters with significant ecological functions, including sea areas with a water depth of not more than six meters at low tide but excluding paddy fields and artificial waters and beaches used for aquaculture. The State exercises the catalog-based administration of wetlands at different levels.
The protection, utilization, and related management activities of wetlands including rivers, lakes, and sea areas shall also be governed by the provisions of the Water Law of the People's Republic of China, the Flood Control Law of the People's Republic of China, the Law of the People's Republic of China on the Prevention and Control of Water Pollution, the Marine Environment Protection Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of the Yangtze River, the Fisheries Law of the People's Republic of China, the Law of the People's Republic of China on the Administration of the Use of Sea Areas, and other relevant laws.
Article 3 The protection of wetlands shall adhere to the principles of according priority to protection, strict management, systematic treatment, scientific restoration, and reasonable utilization so that multiple ecological functions of wetlands such as water conservation, climate regulation, environmental improvement, and biodiversity maintenance are brought into play.
Article 4 People's governments at or above the county level shall incorporate the protection of wetlands into the national economic and social development plan, and include the funds needed for the protection of wetlands in the budget according to the principle of division of powers and responsibilities.
Local people's governments at or above the county level shall be responsible for the protection of wetlands within their respective administrative regions and take measures to maintain the stability of wetland areas and enhance the ecological functions of wetlands.
Township people's governments shall organize the masses to properly protect wetlands, and villagers' committees shall render assistance.
Article 5 The competent forestry and grassland authority under the State Council shall be responsible for the supervision and administration of wetland resources, as well as the drafting of wetland protection plans and the relevant national standards, the supervision and administration of wetland development and utilization, and the ecological protection and restoration of wetlands. Other relevant authorities of natural resources, water administration, housing and urban-rural development, ecology and environment, and agriculture and rural affairs under the State Council shall undertake the work relating to the protection, restoration, and management of wetlands according to their respective duties.
The competent forestry and grassland authority under the State Council shall, in concert with the competent authorities of natural resources, water administration, housing and urban-rural development, ecology and environment, and agriculture and rural affairs under the State Council, establish a wetland protection coordination and information notification mechanism.
Article 6 Local people's governments at or above the county level shall strengthen the coordination of wetland protection. The relevant departments of local people's governments at or above the county level shall be responsible for the protection, restoration, and management of wetlands according to their respective duties.
Article 7 People's governments at all levels shall strengthen the publicity and education on wetland protection and the popularization of scientific knowledge to raise public awareness of protecting wetlands through publicity and education campaigns, such as setting up wetland protection days or wetland protection weeks; they shall encourage grass-roots mass autonomous organizations, social organizations, and volunteers to carry out the publicity of laws and regulations and knowledge on wetland protection to create a good atmosphere for wetland protection.
Competent education authorities and schools shall focus on cultivating the awareness of students on the protection of wetlands in their education and teaching activities.
News media shall carry out public welfare publicity of laws and regulations and knowledge on wetland protection, and conduct supervision by public opinions against acts which destroy wetlands.
Article 8 The State encourages entities and individuals to participate in wetland protection activities by means of donations, funding, and volunteer services.
Entities and individuals that have made outstanding achievements in wetland protection will be commended and rewarded in accordance with the relevant provisions of the State.
Article 9 The State supports the research, development, application, and promotion of wetland protection science and technology and strengthens the cultivation of wetland protection professionals and technicians to improve wetland protection science and technology.
Article 10 The State supports the international cooperation and exchanges in respect of wetland protection science and technology, biological diversity, and bird migration.
Article 11 Any entity or individual has the obligation to protect wetlands and the right to report or make an accusation against any act which destroys wetlands. The organ which receives a report or accusation shall deal with it in a timely manner and protect the legitimate rights and interests of the reporter or accuser in accordance with the law.
Chapter II Wetland Resources Management
Article 12 The State has set up a wetland resource investigation and evaluation system.
The competent authority of natural resources under the State Council shall, in concert with the relevant forestry and grassland authority and other relevant authorities under the State Council, regularly conduct investigations and evaluations of wetland resources nationwide by investigating, among others, the types, distribution, areas, biodiversity, protection, and utilization of wetlands and establish a unified information release and sharing mechanism.
Article 13 The State operates a total wetland area control system and has incorporated the total wetland area control target into the wetland protection target responsibility system.
The competent authorities of forestry and grassland and natural resources under the State Council shall, in concert with the relevant authorities under the State Council, determine the total wetland area control targets of the whole country and all provinces, autonomous regions, and municipalities directly under the Central Government according to the status of wetland resources, natural changes, and the total wetland area control requirements and submit the same to the State Council for approval. Local people's governments at all levels shall take effective measures to meet the requirements for the total wetland area control targets.
Article 14 The State exercises the administration of wetlands at different levels and divides wetlands into important wetlands and general wetlands according to the ecological location, area, and the importance of maintaining ecological functions and biodiversity.
......