Rules on the Administration of the Protection and Development of Dapeng Peninsula deliberated and adopted at the Eighty-First Executive Meeting of the Fourth Municipal Government is now promulgated and will take effect as of March 1, 2008.
Mayor Xu Zongheng
January 4, 2008
Rules on the Administration of the Protection and Development of Dapeng Peninsula
Chapter I General Provisions
Article 1 In order to strengthen the administration of Dapeng Peninsula, protect the ecological environment, and promote the sustainable development of Dapeng Peninsula, these rules are hereby formulated in accordance with related laws, regulations.
Article 2 These rules shall apply to the protection, development and construction, administration that are undertaken within Dapeng Peninsula.
Dapeng Peninsula referred to in these rules shall include the areas under the jurisdiction of the Kuiyong Subdistrict Office, Dapeng Subdistrict Office, and Nanao Subdistrict Office of Longgang District, Shenzhen City.
Article 3 The principle of giving first place to protection, carrying out level-by-level protection and having orderly development shall be followed in Dapeng Peninsula to strictly protect the ecological environment, cultural relics and historical sites, make overall arrangements to construct urban infrastructure and public service facilities.
Article 4 The leading group in charge of the planning, development and construction of the east coastal regions (hereinafter referred to as the leading group) set up by the Shenzhen Municipal People’s Government (hereinafter referred to as the municipal government) shall be responsible for the overall arrangements and coordination in the protection and development of Dapeng Peninsula.
An office shall be established under the leading group to be responsible for the day-to-day work of this group.
Article 5 The Longgang District Peoples’ Government and the municipal administrative departments in charge of planning, land, water affairs, finance, environmental protection, development and reform, tourism, agriculture, forestry and fishery, cultural relics, urban management, etc. shall jointly make a fine job of the administration of the protection and development of Dapeng Peninsula within the limits of their respective duties according to related law, regulations, and rules.
Article 6 The municipal government shall encourage citizens, legal persons and other organizations to engage in the activities of the ecological protection in Dapeng Peninsula, and those who have made outstanding contributions shall be granted awards.
Any units and individuals shall have the right to report, charge the acts of violation of these rules.
Chapter II Level-by-Level Protection
Article 7 The municipal government shall put space control into practice in Dapeng Peninsula, delimit the core region of ecological protection and the construction control region, and provide level-by-level and area-by-area protection.
Article 8 The core region of ecological protection shall include:
(1) the natural conservation areas, the geologic relics protection areas of the National Geological Park of Dapeng Peninsula;
(2) the other areas located within the basic ecological control lines.
The areas listed as natural conservation areas shall be administered
according to related laws, regulations; in the areas out of the natural conservation areas but within the core region of ecological protection, no development and construction shall take place except that of the urban infrastructure and public service facilities according with the plan.
Article 9 The construction control region shall include:
The 1st -level construction control areas: the developable and construction-permissible sections of Xichong Subarea, Dongchong Subarea, Egong Bay-Yangchou Bay Subarea, and Judiaosha Subarea;
The 2nd -level construction control areas: the developable and construction-permissible sections of Xaisha-Diefu Subarea, Xinda-Longqi Bay Subarea, and Nanao-Shuitousha Subarea;
The 3rd –level construction control areas: the developable and construction-permissible sections of Dapeng Center Subarea, Pengcheng Subarea, Kuiyong Center Subarea, Xiyong Subarea, Tuyang Subarea, Baguang Subarea, Guanhu Subarea, Xiadong Subarea, and Lingao Subarea.
The specific boundaries of the construction control areas at various levels shall be delimited by the related statutory plans.
Article 10 The 1st –level construction control areas may develop the tourist industry with distinctive features such as marine tourism and high-end leisure tourism, the business to host top-level conferences and exhibitions, and the non-commercial residential housing of original villagers, all the other development and construction shall be prohibited.
Article 11 The 2nd –level construction control areas may develop the tourist industry, cultural industry, higher education, scientific and technological research and development, and appropriate realty industry, all the other development and construction shall be prohibited; the existing industrial projects and pollutant sea-enclosing aquaculture projects shall be shut down by a time limit or relocated.
Article 12 The 3rd –level construction control areas may develop the tourist industry, cultural industry, realty industry, biotech industry, electronic and information industry, high and new technology industries related to the development of sea resources, and other industries identified by the municipal government, all the other development and construction shall be prohibited; the existing industrial projects not according with the plan or pollutant industrial projects shall be shut down by a time limit or relocated, the existing industrial projects according with the plan and industrial policy shall be encouraged to have upgrading and reorganization.
The drafting, examining and approving of the related statutory plans shall conform to these rules.
Article 13 It may not be undertaken to reclaim land from the sea, to enclose the sea in the sea areas adjacent to the core region of ecological protection and the 1st –level construction control areas unless these activities are needed for the urban infrastructure construction and have been reported and approved.
Article 14 The cultural relics and historical sites within Dapeng Peninsula shall be put under the management of the city-wide purple line plan in compliance with the related rules of the state on urban purple line management, and, in addition, the municipal departments in charge of cultural relics, planning shall delimit according to law the boundaries of the sections under cultural relics protection and construction control, and exercise the related management according to law.
Article 15 The department in charge of planning shall use the satellite- remotely-sensed images and other scientific and technological means to conduct the dynamic monitoring of the construction within Dapeng Peninsula, and report to the leading group in writing the state of the dynamic monitoring.
If the department in charge of planning finds anyone suspected of illegal land use, illegal construction in the process of the dynamic monitoring, the case shall be handed over in writing to the related law-enforcement department to be investigated and dealt with.
Article 16 The department in charge of forestry shall strengthen the protection and ecological restoration of the forest resources of Dapeng Peninsula, check the occupation of forest land and the quality of forest resources, strictly investigate and punish the acts of deforesting for fruit growing, wanton felling of trees, illegal using of forest land, etc., and establish the Dapeng Peninsula early warning and monitoring mechanism and the contingency plan for forest fire.
Article 17 The department in charge of environmental protection shall monitor the ecological environment of Dapeng Peninsula, release to the pubic the information of the monitoring of the ecological environment of Dapeng Peninsula every quarter; make the plan for the improvement of the quality of the ecological environment and the plan for the control of the total amount of discharged pollutants of Dapeng Peninsula, supervise their implementation, and investigate and punish the illegal acts affecting the environment.
Article 18 The department in charge of marine affairs, the department in charge of environmental protection shall monitor and test the quality of the sea water of Dapeng Peninsula every quarter, issue a public notice on the environment of the sea areas on a regular basis. The department in charge of marine affairs shall establish the early warning and monitoring system of dangerous marine organism.
Article 19 The department in charge of water affairs shall make an overall plan for the development and use of the water resources of Dapeng Peninsula, improve the municipal drainage pipe network and sewage treatment facilities, establish a scientific and rational management system of water supply and drainage, investigate and punish the illegal acts of jeopardizing the soil and water conservation, and keep a good natural ecological environment.
Article 20 The department in charge of tourism shall establish the tourist information release system of Dapeng Peninsula, gather the information of the related departments, release and update the tourist information of tourist areas to the public on time.
Article 21 The department in charge of cultural relics shall make the plan for the protection, management and use of the historical and cultural heritage of Dapeng Peninsula, establish the system of the protection and management of cultural relics, and investigate and punish the illegal acts of damaging cultural relics and historical sites.
Chapter III Development and Construction
Article 22 The annual implementation plan of the Shenzhen municipal intermediate-term construction plan shall have a chapter on Dapeng Peninsula consistent with the related contents of the plan for national economic and social development. The annual project plan of Dapen Peninsula, after being deliberated and adopted by the leading group, may be reported for approval according to the stipulated procedure, and the related construction projects shall be under strict control.
Article 23 In the case of selling the right to use land within the construction control area of Dapeng Peninsula by means of invitation for bids, auction, and listing, the key points of its planning and designing put forward by the department in charge of planning shall be deliberated and adopted by the leading group.
Article 24 According to the principle of area-by-area and level-by-level protection, the municipal department in charge of development and reform shall jointly with the municipal department in charge of environmental protection formulate and release the industrial guidance catalogue of the construction projects of Dapeng Peninsula and its supplementary catalogue of environmental protection.
The catalogues may be reported for approval according to the stipulated procedure only after they are deliberated and adopted by the leading group.
Article 25 If a contract of the sale of the right to use land was signed for a construction project before these rules take effect, but the permit for construction project planning has not been obtained, the department in charge of planning shall examine and verify if this project conforms to these rules.
If a construction project does not conform to these rules, the department in charge of planning may demand that the construction project conform to these rules at the same time, or the department in charge of land may retrieve the land by means of buying back, replacing, etc. according to law.
Article 26 The areas of Dapeng Peninsula where construction has been completed shall be renewed and transformed.
Article 27 If the development of nonagricultural land within Dapeng Peninsula is contrary to the urban plan, it shall be investigated and punished according to related laws, regulations, and it shall be encouraged to have nonagricultural land involved in the integrated construction of Dapeng Peninsula.
If the land of the other people has to be occupied for the construction of urban infrastructure or public service facilities, the department in charge of land shall retrieve the land by means of buying back, replacing, etc. according to law. If the demolition of housing is involved, it shall be dealt with according to the related rules.
Article 28 If the land for the original rural homestead of the original villagers was allocated or the standards for nonagricultural construction land use were set but there has been no construction of housing up to the present, Longgang District People’s Government shall organize the construction in a systematic way for each community as a unit.
Article 29 The municipal, district departments in charge of development and reform, finance shall, according to the related rules on the division of the authority, invest capital in the guarantee of the construction and maintenance of the infrastructure and public service facilities of Dapeng Peninsula, protection of ecology, cultural relics and historical sites, systematic construction for original villagers in the place other than their original one, employment training for original villagers, and awards granted to the units and individuals having made outstanding contributions to the protection and development of Dapeng Peninsula.
Article 30 Measures on the Comprehensive Compensation for the Protection and Development of Dapeng Peninsula shall apply to the ecological compensation in Dapeng Peninsula, and the original villagers enjoying the ecological compensation shall have the responsibility and obligation to protect the ecological environment of Dapneg Peninsula, and support the protection and development of Dapeng Peninsula.
Article 31 Any enterprise engaging in production and operation in Dapeng Peninsula shall provide for the original villagers the job openings no less than 5% of its total job openings.
Chapter IV Legal Liabilities
Article 32 Anyone who, in violation of Articles 10, 11, 12 of these rules, undertakes construction without obtaining the permit for construction project planning or fails to undertake construction according to the permit for construction project planning shall be investigated and punished by the related law-enforcement department according to law.
Article 33 If Article 13 of these rules is violated, it shall be dealt with by the municipal department in charge of marine affairs according to Article 42 of Law of the People’s Republic of China on the Administration of the Use of the Sea Areas.
Article 34 If Article 31 of these rules is violated, the department in charge of labor security shall impose a fine according to the minimum living guarantee standard and by the calculation of the number of job openings that are not provided.
Article 35 If one of the following cases applies to the related responsible departments and their staff members in their violating these rules, their superior administrative department or the office of supervision shall order corrections; if the circumstances are serious, the disciplinary action shall be taken according to law against the responsible person in charge and other directly responsible persons; those suspected of committing a crime shall be handed over to the judicial office to be dealt with according to law:
(1) to examine and approve the construction projects of Dapeng Peninsula or approve the construction without authorization;
(2) to fail to execute the duties of supervision according to law or to be ineffective in supervising, and to cause serious consequences.
Chapter V Supplementary Provisions
Article 36 The related various responsible departments of Longang District People’s Government, the Shenzhen municipal government may formulate implementation measures according to these rules.
Article 37 These rules shall take effect as of March 1, 2008.
附件下载：
粤公网安备 44030402002963号