Regulations of the People's Republic of China on wild plants protection.
Country
Type of law
Regulation
Date of original text
Date of latest amendment
Abstract
These Regulations cover all activities concerning the protection, development and utilization of wild plants with a view to ensure the protection, development and rational utilization of wild plant resources, of biodiversity and ecological balances. Wild plants protected under these Regulations refer to plants "growing in natural conditions, which are specious or which are rare or near extinction and of important economic, scientific or cultural value" (art. 2, para. 2).
The Regulations consist of the following Chapters: General Provisions (I); Protection Of Wild Plants (II); Administration of Wild Plants (III); Legal Responsibility (IV); Supplementary Provisions (V).
Wild plants shall be classified into two categories: (a) wild plants under special protection by state and (b) wild plants under special protection by localities. Wild plants under special state protection shall be classified into two classes: (1) first class state protection and (2) second class state protection. Lists of wild plants under special state protection shall be drawn up by the department of forestry administration and the department of agriculture administration under the State Council, in consultation with other relevant departments under the State Council.
Wild plants under special local protection refer to wild plants other than those under special state protection but under the protection by provinces, autonomous regions and municipalities directly under the central government. Lists of wild plants under special local protection shall be drawn up by the governments of provinces, autonomous regions or municipalities directly under the central government and shall be submitted to the State Council for the record. The department of wild plants administration and other relevant departments shall take measures to maintain and improve the environment for the survival of wild plants under special protection, and shall regularly carry out surveys of resources of wild plants under special state and local protection and keep records of them.
The collecting of wild plants under first class state protection shall be prohibited, unless necessary for some special purposes such as scientific research, cultivation or cultural exchanges. For special needs those who collect wild plants first class state protection shall apply for a collecting permit from the forestry administrative department of the State Council or its authorized institution in accordance with their management authority; Or apply for a collecting permit from the agricultural administrative department of the provincial, autonomous region, or municipality directly under the central government or its authorized institution in the collection area. For collecting wild plants under second class state protection, the unit concerned shall apply for a collecting permit to the competent departments of wild plants administration. The sale or purchase of wild plants under first class state protection is prohibited, whereas the sale or purchase of wild plants under second class state protection shall be authorized by the department of wild plants administration. For the export of nationally protected wild plants or the import and export of wild plants restricted by international conventions to which China is a party, approval from the forestry administrative department of the State Council shall be obtained in accordance with the management authority, or after review by the agricultural administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the importer or exporter is located, approval shall be obtained from the agricultural administrative department of the State Council, and a permit for import and export certificate or label issued by the national endangered species import and export management agency shall be obtained. Foreigners who intend to make surveys of wild plants under special state protection in the field must submit an application for approval.
Measures for the administration of wild plants under special local protection shall be formulated by respective local government of province, autonomous region or municipality directly under the central government.
The Regulations consist of the following Chapters: General Provisions (I); Protection Of Wild Plants (II); Administration of Wild Plants (III); Legal Responsibility (IV); Supplementary Provisions (V).
Wild plants shall be classified into two categories: (a) wild plants under special protection by state and (b) wild plants under special protection by localities. Wild plants under special state protection shall be classified into two classes: (1) first class state protection and (2) second class state protection. Lists of wild plants under special state protection shall be drawn up by the department of forestry administration and the department of agriculture administration under the State Council, in consultation with other relevant departments under the State Council.
Wild plants under special local protection refer to wild plants other than those under special state protection but under the protection by provinces, autonomous regions and municipalities directly under the central government. Lists of wild plants under special local protection shall be drawn up by the governments of provinces, autonomous regions or municipalities directly under the central government and shall be submitted to the State Council for the record. The department of wild plants administration and other relevant departments shall take measures to maintain and improve the environment for the survival of wild plants under special protection, and shall regularly carry out surveys of resources of wild plants under special state and local protection and keep records of them.
The collecting of wild plants under first class state protection shall be prohibited, unless necessary for some special purposes such as scientific research, cultivation or cultural exchanges. For special needs those who collect wild plants first class state protection shall apply for a collecting permit from the forestry administrative department of the State Council or its authorized institution in accordance with their management authority; Or apply for a collecting permit from the agricultural administrative department of the provincial, autonomous region, or municipality directly under the central government or its authorized institution in the collection area. For collecting wild plants under second class state protection, the unit concerned shall apply for a collecting permit to the competent departments of wild plants administration. The sale or purchase of wild plants under first class state protection is prohibited, whereas the sale or purchase of wild plants under second class state protection shall be authorized by the department of wild plants administration. For the export of nationally protected wild plants or the import and export of wild plants restricted by international conventions to which China is a party, approval from the forestry administrative department of the State Council shall be obtained in accordance with the management authority, or after review by the agricultural administrative department of the people's government of the province, autonomous region, or municipality directly under the Central Government where the importer or exporter is located, approval shall be obtained from the agricultural administrative department of the State Council, and a permit for import and export certificate or label issued by the national endangered species import and export management agency shall be obtained. Foreigners who intend to make surveys of wild plants under special state protection in the field must submit an application for approval.
Measures for the administration of wild plants under special local protection shall be formulated by respective local government of province, autonomous region or municipality directly under the central government.
Attached files
Web site
Date of text
Entry into force notes
The Regulations shall enter into force on 1 January 1997.
Notes
Collecting of precious wild trees or wild plants within forest zones or grasslands shall be handled in accordance with the provisions of the Forest Law and Grassland Law (art. 16, para. 4).
Repealed
No
Serial Imprint
Foreign-Related Laws and Regulations of the P.R.C., CD-rom, Bureau of Legislative Affairs of the People's Republic of China.
Source language
English
Legislation Amendment
No
Original title
中华人民共和国野生植物保护条例.
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