(Adopted at the 8th meeting of the Standing Committee of the 6th Shenzhen Municipal People’s Congress on June 22, 2016. Revised in accordance with the Decision on Amending Twenty-Nine Regulations including the Regulations on Talent Work of Shenzhen Special Economic Zone adopted at the 35th meeting of the Standing Committee of the 6th Shenzhen Municipal People’s Congress on August 29, 2019.)
Chapter One General Provisions
Article 1 In order to promote the greening development of Shenzhen Special Economic Zone, protect and improve the ecological environment, and achieve the natural harmony of the living environment, these Regulations are hereby formulated in accordance with relevant laws and basic principles of administrative regulations combined with the actual situation of Shenzhen Municipality.
Article 2 These Regulations apply to the planning, construction, maintenance and management of greening in the Shenzhen Special Economic Zone.
If there are other laws and regulations on the protection and management of nature reserves, scenic spots and woodlands, such provisions shall prevail.
Article 3 The greening work shall adhere to the principles of people-oriented, adjusting measures to local conditions, paying equal attention to both plantation and protection, and strict management, take both natural ecological effects and landscape effects into account, implement new forms of greening such as three-dimensional greening, and timely adjust the standards for greening construction and maintenance.
Article 4 The scientific research on greening shall be encouraged and supported, the conservation and introduction of plant species shall be strengthened, the protection and reproduction of rare and endangered plants shall be increased, the cultivation of plant species and the diversification of ecological resources shall be promoted, as well as the technologies of biological control of plant diseases and insect pests, and the transformation of scientific and technological achievements on greening shall be advanced.
Chapter Two Job Responsibilities
Article 5 The municipal urban administrative department is the municipal greening competent department, which is responsible for drafting or formulating and implementation of the greening construction and management system, as well as the overall coordination, supervision and management of greening for Shenzhen Municipality.
The district urban administrative department is the district greening competent department. Under the guidance of the municipal greening competent department, it is responsible for the greening construction and management within its jurisdiction under the guidance of the division of responsibilities.
The departments of development and reform, finance, planning and natural resources, market and quality supervision, human settlements, transportation, housing construction, and water affairs shall implement these Regulations in accordance with their respective responsibilities.
Article 6 The municipal and district greening competent departments shall conduct regular surveys on the types, distribution, ownership and maintenance of the green space, establish green resource files and update them timely.
Article 7 The municipal and district greening competent departments shall regularly publish forecast of plant diseases and insect pests, technical guidelines for the prediction and prevention of plant diseases and insect pests, and strengthen the prevention and control of plant diseases and insect pests.
Article 8 The municipal greening competent department shall be responsible for the compilation of the design, construction, maintenance standards and technical specifications for greening, and regularly issue guidelines for planting different species of trees.
Article 9 The municipal greening competent department shall publish a Greening White Paper every two years, in order to announce to the public the basic situation of the greening resources, development achievements and development planning of the greening.
Article 10 The person responsible for public land greening construction and maintenance shall perform his/her duties in accordance with the following provisions：
(1) Entities of water affair, railway, transportation and other entities are respectively responsible for the greening construction and maintenance of public lands within the scope of rivers, reservoirs, railways, highways, transportation stations, etc.；
(2) Planning and nature resources department , water affair department, urban administrative department and other departments shall be responsible for the greening construction and maintenance of state-owned reserve land according to the division of responsibilities；
(3) Relevant departments such as departments of planning and natural resources, transportation, urban administrative , construction works shall be responsible for the greening of other public lands according to their respective responsibilities. Among them, the urban administrative department shall be responsible for the greening and maintenance of government-invested public lands such as urban roads, parks, scenic forest lands etc., while other corresponding management authorities shall be responsible for the greening maintenance of other public lands.
(4) The land use right holders shall be responsible for the greening construction and maintenance of the public lands other than those mentioned in items (1), (2) and (3) above.
In terms of the non-public land, its land use right holder or the manager entrusted by the land use right holder shall fulfill the responsibility of greening construction and maintenance in accordance with these Regulations.
Article 11 If the undeveloped land to be built which has been transferred for more than half a year has not been used for other purposes, the land use right holder shall carry out greenery coverage.
Article 12 The person responsible for green maintenance shall perform the maintenance responsibility in accordance with relevant standards and technical specifications; strengthen the safety management of greening and greening facilities, establish a regular inspection system. If any potential safety hazard is found, timely measures shall be taken to eliminate it.
Chapter Three Planning and Construction
Article 13 The municipal planning and natural resources department shall cooperate with the municipal greening competent department, following the principles of scientific layout, balanced development and distinctive features, to prepare a green space system planning according to the overall urban planning, then publicly solicit social opinions and submit them to the municipal people's government for approval and implementation.
Article 14 The municipal planning and natural resources department shall cooperate with the municipal greening competent department, to determine the green space boundary line according to the statutory plan or the green space system plan, then announce it to the public.
The green space boundary line shall not be adjusted except in the following circumstances：
(1) The overall urban planning and green space system planning is adjusted；
(2) The major construction projects above the municipal level and construction of municipal public facilities are involved；
(3) Other statutory circumstances.
The adjustment of the green space boundary line shall not reduce the total amount of planned green space. If the planned green space is reduced due to adjustment of the green space boundary line, a new planned green space shall be allocated as compensation.
When adjusting the green space boundary line, the municipal planning and natural resources department shall cooperate with the municipal greening competent department to announce the adjustment plan and solicit opinions publicly, then announce the adjustment results.
Article 15 The municipal planning and natural resources department shall cooperate with the municipal greening competent department, to determine the green space under permanent protection within the scope of the Basic Ecological Control Line of Shenzhen, announce it to the public, and set up a signboard at the prominent position for permanent green space protected area.
Article 16 Any organization or individual shall not change the function of the permanent green space protected area without authorization.
Under any of the following circumstances, if it is really necessary to change the function of permanent green space protected area, the municipal planning and natural resources department shall cooperate with the municipal greening competent department, to announce the proposal to the public, solicit opinions, hold hearings, and submit them to the municipal people's government for decision：
(1) The urban overall planning is adjusted；
(2) There are the needs of major construction projects approved by the State Council；
(3) Other statutory circumstances.
Where the function of permanent green space protected area has been changed, the new permanent green space protected area shall be allocated as compensation, whose area shall not be smaller than the changed one.
Article 17 Construction projects shall be equipped with supporting greening space. The proportion of area of the supporting greening space to the construction project land area shall meet the following standards：
(1) the proportion of area of the supporting greening space to the newly-built residential construction projects shall not be less than 30%, and the proportion of area of the supporting greening space to the urban renewal residential construction projects that are demolished and rebuilt shall not be less than 25%；
(2) the proportion of area of the supporting greening space to construction project of public management and service facilities shall not be less than 30%；
(3) the proportion of area of the supporting greening space to commercial service industry construction project shall not be less than 20%；
(4) the proportion of area of the supporting greening space to main roads and transportation hubs of the city shall not be less than 20%.
Article 18 If the newly-built urban park covers an area of less than 100,000 square meters, the area of greening land shall not be less than 70% of the land area of the construction project; If it covers an area of more than 100,000 square meters, the area of greening land shall not be less than 75% of the land area of the construction project.
Article 19 The persons responsible for the following greening construction projects shall convene experts to demonstrate the greening design plan and announce it to the public for advice:
(1) the urban main road with a length of more than one kilometer or the area within the red line which is more than 20,000 square meters;
(2) the construction project covering an area of over 100,000 square meters.
After the greening design plan in the preceding paragraph is determined, it shall be submitted to the district greening competent department for the record.
Article 20 In addition to the greening construction project in public greening space under the responsibility of the greening competent department, before the construction of other new public green space greening construction projects, the greening design plan shall be submitted to the district greening competent department for advice.
The main tree species and greening landscape of the public green space that has been built shall not be changed without authorization; if it is necessary to change, the person responsible of the greening construction shall organize the assessment and demonstration meeting for the change plan, then announce it to the public for advice.
Article 21 Where an organization or individual voluntarily contributes investment to the renewal or renovation of public green space, the investor shall, in accordance with relevant standards and technical specifications, formulate a design plan for the renewal or renovation of public green space, which shall be implemented with the approval of the greening competent department. The function, nature and ownership of public green space remain unchanged after renewal or renovation.
The design plan for the renewal or renovation of public green space approved by the greening competent department shall not be changed without authorization; if it is necessary to change, it shall be submitted to the greening competent department for approval again.
Article 22 The supporting greening of new construction, reconstruction and expansion projects shall be designed, constructed and accepted at the same time as the main project.
Article 23 The design plan of a construction project shall include a plan of the supporting greening land, indicating its area and location.
Article 24 The planning and natural resources department shall review the supporting greening land in the design project of the construction project. If the area of supporting greening land does not meet the requirements of these Regulations and relevant regulated standards, the construction project planning permit shall not be issued.
The planning and natural resources department shall not accept the work where the supporting green land area of the construction project does not meet the requirements of the planning permit for construction project.
Article 25 No organization or individual shall change the functions of the completed supporting greening land without authorization.
Article 26 After the greening project is completed and accepted, the construction entity shall publicize the plan of the greening land at a prominent position at the location of the construction project, and indicate the area of the greening land.
Chapter Four Three-dimensional Greening
Article 27 With the promotion and encouragement, the three-dimensional greening shall be implemented scientific planning, coordinated by different departments, and be advanced multidimensionally with the public participation.
The three-dimensional greening as mentioned in these Regulations refers to the greening implemented by means of roof greening, overhead layer greening, wall greening, scaffolding greening, bridge greening and other methods with buildings and structures as carriers and plants as materials.
Article 28 The greening of newly-built public buildings and newly-built municipal public facilities such as overpasses, pedestrian bridges and large-scale sanitation facilities shall be implemented in accordance with relevant standards and technical specifications.
The three-dimensional greening for newly-built buildings, structures, and existing buildings, structures, public spaces, and slopes that are suitable for three-dimensional greening that are not mentioned in the previous provisions shall be encouraged.
Article 29 Where the newly-built construction projects which implement three-dimensional greening stipulated in Article 17 of these Regulations, their three-dimensional greening area can be converted to offset the supporting greening land area, but the offset area of commercial service construction projects shall not exceed 50%, and the offset area of other construction projects shall not exceed 20%.
If the construction projects that meet the requirement of area of supporting greening land implements three-dimensional greening, such greening area can also be converted into the green area of the ground and counted as the area of supporting greening land.
Article 30 The three-dimensional greening of newly-built construction projects shall be designed, constructed and accepted at the same time as the main project.
Article 31 The implementation of three-dimensional greening shall ensure the safety of the nearby buildings and structures, as well as the safety of their adjacent areas.
Article 32 The three-dimensional greening built on public buildings and municipal public facilities shall not be occupied or dismantled, except for the alteration, extension, repair or dismantling of public buildings and municipal public facilities.
After the reconstruction, extension or repair of public buildings and municipal public facilities, the three-dimensional greening that is occupied and dismantled shall be recovered.
Article 33 The three-dimensional greening shall be maintained by the property rights holder or the management entity of the building or structure to which it belongs, in accordance with the maintenance standards and technical specifications, and corresponding measures shall be taken to ensure its safety and cleanliness.
Article 34 The municipal planning and natural resources department shall cooperate with the municipal greening competent department to issue a special plan for three-dimensional greening development.
Article 35 The municipal greening competent department shall cooperate with the municipal planning and natural resources department to formulate three-dimensional greening technical specifications and specific conversion methods for three-dimensional greening and ground greening, then submit them to the municipal people's government for approval; the municipal greening competent department shall be responsible for the guidance, inspection and supervision of three-dimensional greening.
The municipal and district people's governments can formulate incentive scheme for three-dimensional greening.
Chapter Five Protection and Management
Article 36 It is forbidden to occupy public green space without authorization.
The construction project shall, in accordance with the planning and design requirements, implement the red line distance regulations for the land of construction concession. Constructions within the red line and the setting of fire exits, fire climbing venues, etc., shall not occupy public green space.
Article 37 If a public green space needs to be temporarily occupied due to the construction of municipal public facility or the temporary intersection approved by the competent department, it shall be approved by the district greening competent department. If it is necessary to simultaneously move or cut down trees, it shall be mentioned in the application for temporary occupation of public green space; temporary occupation of public green space within the jurisdiction of the municipal greening competent department shall be approved by the municipal greening competent department.
Article 38 The period of temporary occupation of public green space shall not exceed one year. If it is necessary to extend the occupation period for special reasons, the extension application shall be submitted to the greening competent department before the expiration.
If the temporary occupation of public green space is approved, the greening restoration compensation fees shall be paid to the greening competent department, and the enclosure operations and civilized construction shall be carried out according to the relevant requirements. If it is approved to extend the temporary occupation period, the greening restoration compensation fees shall be doubled.
The greening restoration compensation fees collected by the greening competent department shall be turned over to the financial department at the same level. Such fees shall be included in the urban greening special funds, which shall be used exclusively for greening construction, maintenance and management.
Article 39 If a government investment project occupies public green space, moves or cuts down trees, the construction entity shall be exempted from the greening restoration compensation fees, and the construction entity shall organize the restoration of greening under the guidance and supervision of the greening competent department.
Article 40 If the growth of trees affects municipal pipelines, traffic safety, and residential lighting, ventilation, or residential safety, the person responsible for green maintenance shall promptly prune them.
Tree pruning shall be carried out in accordance with relevant standards and technical specifications.
If the person responsible for greening maintenance, the electric power department and other municipal maintenance authorities need to prune the trees in the public green space，and inform the greening competent department.
Unauthorized pruning of trees by persons not responsible for green maintenance is prohibited.
Article 41 It is forbidden to remove or cut down trees without authorization.
In any of the following circumstances, if it is necessary to relocate trees, a written application to the greening competent department for approval shall be submitted：
(1) where there is a need for urban construction；
(2) where the pruning cannot reduce the threat of trees to personal, residential, traffic or municipal facilities caused by trees.
If a tree needs to be moved but has no relocation value or cannot be moved, dies or quarantine pests and diseases have occurred to it, and it is necessary to be felled, a written application shall be submitted to the greening competent department.
Article 42 If a tree is to be moved or felled, an application shall be submitted to the district greening competent department； if the tree which needs to be moved or felled belongs to the jurisdiction of the municipal greening competent department, an application shall be submitted to the municipal greening competent department.
Article 43 If it is approved to relocate or fell trees in public green space, the applicant shall pay the green restoration compensation fee to the greening competent department in accordance with regulations. The greening competent department shall arrange for the relocation and replanting of trees timely.
Article 44 In any of the following circumstances, a billboard shall be set up at a prominent position on the construction site to publicize the construction project, construction entities, and construction period：
(1) where it is necessary to move or cut down trees；
(2) where it is necessary for temporary occupation of public green space；
(3) where it is necessary for adjustment of the internal layout of the completed green space.
Where the preceding paragraph involves an administrative license, relevant materials shall be publicized at the construction site.
Article 45 Trees can be pruned, moved, felled or the public green space can be temporarily occupied for emergency situations such as disaster relief or handling of emergencies. If the trees are pruned, the relevant information shall be reported to the greening competent department and the person responsible for greening maintenance within 24 hours after the emergency is eliminated； if the trees are moved or cut down or the public green space is temporarily occupied, the relevant procedure shall be handled by the greening competent department within five working days after the emergency is eliminated.
Article 46 The following acts that damage the greening are prohibited：
(1) damaging plants by means of picking, climbing, nailing, scoring, winding, etc.；
(2) trampling public green spaces that are prohibited from trampling；
(3) incineration, stacking, quarrying and borrowing soil, planting, and privately constructing in public green space；
(4) dumping garbage, sewage and other wastes in public green space；
(5) setting up a stall or park in public green space；
(6) damaging tree supports, handrails, flower beds or water supply and drainage facilities within the scope of green spaces；
(7) other acts in violation of the laws and administrative regulations that damage the greening and greening facilities.
Article 47 Organizations and individuals shall perform their obligation to plant trees in accordance with law. Organizations and individuals shall be encouraged to fulfill their tree planting obligations by adopting trees and green spaces.
Organizations and individuals who adopt trees and green spaces may enjoy the naming rights of trees and green space for a certain period of time. The specific measures shall be formulated separately by the municipal greening competent department.
Article 48 Any organization or individual has the right to enjoy a good greening environment. For the acts of destruction of greening and green facilities, they are entitled to dissuade, complaint and report. The greening competent department shall accept complaints and reports in various forms.
The organizations and individuals that have made outstanding achievements in the greening industry may be commended and rewarded by the municipal and district people's governments.
Article 49 The greening competent department shall employ social celebrities and citizens who have made outstanding contributions to the greening to serve as Greening Ambassadors to publicize and promote greening.
The Greening Ambassadors are appointed for a term of three years and can be employed continuously.
Chapter Six Special Protection for Ancient and Famous Trees
Article 50 Trees that meet one of the following provisions shall be included in the protection project for ancient and famous trees and shall be specially protected：
(1) where the age of the tree is more than one hundred years；
(2) where the trees are with historical value and commemorative significance；
(3) where the trees species are particularly precious and rare ；
(4) where the trees are with important scientific research value.
Other trees with a tree age of more than 80 years shall be included in the reserve pool of ancient and famous trees.
Article 51 The ancient trees shall be subject to hierarchical management in accordance with state regulations, and the municipal greening competent department shall organize expert for appraisal and grading.
Ancient and famous trees shall be confirmed, registered and announced to the public in accordance with relevant state regulations, and be managed strictly with special files and protection measures.
Article 52 The scope within five meters outside the vertical projection line of the crown of ancient and famous trees is the protection scope of ancient and famous trees.
The planning and natural resources department shall set up protective facilities on the periphery of the trunk of ancient and famous trees and establish a unified ancient and famous tree signs.
Article 53 If the construction project affects the growth of ancient and famous trees, the construction entity shall adopt effective avoidance and protection measures in planning, design and construction.
Article 54 The following acts that damage ancient and famous trees are prohibited：
(1) scribing, posting or hanging objects on ancient and famous trees；
(2) climbing trees, folding branches, cutting off stems, digging roots, peeling, etc.；
(3) stacking materials, borrowing soil, constructing temporary buildings or structures and dumping sewage and garbage within the control range of ancient and famous trees；
(4) pruning ancient and famous trees without authorization；
(5) other acts that damage ancient and famous trees.
Article 55 Any organization or individual shall not relocate or cut down ancient and famous trees without authorization.
If it is necessary to relocate or cut down ancient and famous trees, it shall be implemented in accordance with relevant laws and administrative regulations.
Article 56 The planning and natural resources department shall appoint the person responsible for the maintenance of the ancient and famous trees and sign the maintenance liability statement with the person responsible for the maintenance.
The person responsible for the maintenance of ancient and famous trees shall perform the maintenance responsibility in accordance with the following provisions：
(1) organs, troops, schools, enterprises, government-sponsored unit and other units shall be responsible for the maintenance of ancient and famous trees within the scope of their land use；
(2) administrative authorities such as authorities of railways, highways, rivers, reservoirs, parks and scenic areas shall be responsible for the maintenance of ancient and famous trees within their jurisdiction；
(3) the owner of the private house shall be responsible for the maintenance of ancient and famous trees in his house；
(4) the greening competent department shall be responsible for the maintenance of ancient and famous trees other than those mentioned in items (1), (2) and (3) above.
Article 57 The person responsible for the maintenance of ancient and famous trees shall accept the guidance, supervision and inspection of the planning and natural resources department, earnestly perform the duties of maintenance, and ensure that the protection scope of ancient and famous trees is not encroached. If it is found that ancient and famous trees have catch pests and diseases, become weak, have died or have been stolen, the person responsible for maintenance shall promptly report to the greening competent department.
Article 58 The planning and natural resources department shall be responsible for the prevention and rehabilitation of pests and diseases of ancient and famous trees.
If the ancient and famous trees are died or stolen, the greening competent department shall identify the reasons, clarify the responsibilities, and report them to the relevant departments for handling according to law. The municipal planning and natural resources department is responsible for verifying and deregistration.
Chapter Seven Legal Liability
Article 59 In case of violation of Article 11 of these Regulations, if the land to be built fails to be greening covered according to these Regulations, the greening competent department shall order the land use right holder to carry out greening coverage within a time limit. If the greening coverage is not carried out within the time limit， the land use right holder will be fined with the standard of 1,000 Yuan per square meter for the uncovered area.
Article 60 If the area of land used for supporting greening of construction projects does not meet the standards prescribed in Article 17 of these Regulations, the municipal planning and natural resources department shall order the person responsible for greening construction to make corrections within a time limit. If no correction is made within the time limit or the correction cannot be made within the time limit, the person responsible for greening construction shall be fined twice the market assessed land price for the area of greening that fails to meet the standards .
Article 61 In violation of Article 21 of these Regulations, if the public green space is changed without the consent of the greening competent department or is not changed according to the agreed plan, the greening competent department shall order the relative organization or individual to make corrections, and impose sanctions in accordance with Article 64 of these Regulations for unauthorized occupation of public green space.
Article 62 In violation of Article 26 of these Regulations, if the person responsible for the greening construction fails to publicize the greening plan at the prominent position of the construction project, or the greening plan does not meet the requirements, the greening competent department shall order the person responsible for the greening construction to make corrections； if the such person refuses to make corrections, a fine of 5,000 yuan shall be imposed.
Article 63 In violation of Article 32 of these Regulations, if the three-dimensional greening is occupied, dismantled or does not be recovered, the greening competent department shall order the violator to make corrections within a time limit, and impose a fine in accordance with the standard of 500 yuan to 2,000 yuan per square meter for occupying or dismantling the three-dimensional greening area.
Article 64 In violation of Articles 36, 37 and 38 of these Regulations, if the public green space is occupied without approval, or continuously to be occupied without extension procedures at the expiration of the occupation period, the greening competent department shall order the violator to stop construction, restore to the original state within a time limit, and impose a fine according to the standard of 2,000 yuan per square meter.
Article 65 In violation of the second paragraph of Article 38, and Article 43, if the greening restoration compensation fees are not paid, the greening competent department shall order the violator to pay within a time limit; if such violator fails to pay within the time limit, the violator shall be forced to pay in accordance with law, and a fine shall be imposed twice the fee payable.
Article 66 In violation of the first paragraph of Article 40 of these Regulations, if the growth of trees affects municipal pipelines and traffic safety, and the person responsible for greening maintenance fails to perform the pruning obligation, the greening competent department shall order such person to make corrections within a time limit. If such person fails to make corrections within the time limit, a fine of 5,000 yuan shall be imposed. If the growth of trees affects the lighting, ventilation or living safety of residents and the person responsible for greening maintenance fails to perform the pruning obligation, such person shall be ordered to make corrections within a time limit. If such person fails to make corrections within the time limit, a fine of 2,000 yuan shall be imposed. If the person responsible for greening maintenance fails to perform the pruning obligation within the time limit, the greening competent department shall prune it on behalf of such person, and the pruning cost shall be borne by the person responsible for greening maintenance.
In case of violation of the second paragraph of Article 40 of these Regulations, if the trees are not pruned according to technical specifications, a fine of 1,000 yuan shall be imposed.
In violation of the third and fourth paragraphs of Article 40 of these Regulations, if the trees are pruned without authorization, the greening competent department shall impose a fine of 2,000 yuan per plant； if the pruning leads to the death of trees, a fine of 3,000 yuan per tree shall be imposed.
Article 67 In violation of Article 41, if the trees are moved without authorization, the greening competent department shall impose a fine of 5,000 yuan per plant； if the trees are cut off without authorization, a fine of 10,000 yuan per tree shall be imposed.
Article 68 In violation of Article 44 of these Regulations, if the billboard has not been set up on the construction site in accordance with the provisions, the greening competent department shall order the violator to make corrections within a time limit, and if such violator fails to make corrections within the time limit, a fine of 5,000 yuan shall be imposed.
Article 69 In violation of the first, second, sixth and seventh paragraph of Article 46 of these Regulations, the greening competent department shall impose a fine of 100 Yuan up to 500 Yuan； in violation of the third, fourth and fifth paragraph of Article 46 of these Regulations, a fine of 500 yuan up to 2,000 yuan per square meter of the occupied or damaged green space shall be imposed.
Article 70 In violation of Article 54 of these Regulations, if the ancient and famous trees are damaged, the greening competent department shall impose a fine of 3,000 yuan up to 10,000 yuan.
Article 71 In violation of Article 55 of these Regulations, if the ancient and famous trees are moved without authorization, a fine shall be imposed in accordance with the standard of 100,000 yuan up to 200,000 yuan per plant； if the ancient and famous trees died due to unauthorized relocation or the ancient and famous trees are cut off without authorization, a fine shall be imposed in accordance with the standard of 300,000 yuan up to 500,000 yuan per plant.
Article 72 In violation of the provisions of these Regulations, the unauthorized pruning, removal, felling of trees, unauthorized occupation of public green space and other damage to greening and greening facilities that result in losses, compensation for the losses shall be imposed.
Article 73 If the public interests are infringed by the acts such as damage to greening and greening facilities, occupation of public green space, or illegal exercise of authority or omission by the greening competent department, other relevant departments and their staff, procuratorial authorities and social organizations prescribed by law shall file public interest litigation in accordance with the law.
Article 74 In case any of the following circumstances occurs in violation of the provisions of these Regulations by the greening competent department and other relevant departments and their staff, according to law, the administrative and disciplinary sanctions shall be imposed on the person in direct charge and other responsible person; if the crime is constituted, criminal responsibility shall be investigated according to law：
(1) failing to perform the responsibility for greening planning, construction and management as required；
(2) changing the use of the green space control line and the permanent green space protected area without authorization；
(3) conducting illegal examination and approval, imposing illegal punishment or adopting compulsory measures illegally；
(4) failing to solicit opinions from the society, organize expert seminars, and make public announcements to the public in accordance with regulations；
(5) failing to carry out greening construction or restoration of green space for state-owned reserve land in accordance with regulations；
(6) other acts of abuse of power, dereliction of duty, and malpractice.
Chapter Eight Supplementary Provisions
Article 75 The definitions of the following terms in these Regulations are as follows：
(1) Green space refers to all greening land dedicated to improving urban ecology, protecting the environment, and landscape.
(2) Public green space refers to the non-profit park green spaces, street green spaces, road green spaces, square green spaces, watercourse green spaces that are open to the public.
(3) Public land refers to the land for urban transportation, communication, energy, water supply and drainage systems, plazas, public green spaces, and public infrastructures for education, health, culture and entertainment such as schools and hospitals.
If a fine is imposed based on the area in accordance with the provisions of these Regulations, the area less than one square meter shall be calculated as one square meter.
Article 76 If any specific measures are formulated by the greening competent department or other departments as required by these Regulations, they shall be formulated within six months from the date of entry into force of these Regulations.
The relevant departments shall, within six months from the date of entry into force of these Regulations, formulate specific enforcement standards for the range of fines stipulated in these Regulations.
Article 77 These Regulations shall enter into effective as of October 1, 2016.
附件下载：
粤公网安备 44030402002963号