Provisions for the management of the protection of geosites

(Issued by Order No. 21 of the Ministry of Geology and Minerals on 4 May 1995)

Chapter I General Provisions

          Article 1 These provisions are formulated in accordance with the Law of the People's Republic of China on Environmental Protection, the Law of the People's Republic of China on Mineral Resources and the Regulations of the People's Republic of China on Nature Reserves for the purpose of strengthening the management of geological relics so that they can be effectively protected and reasonably utilised.

         Article 2 The present provisions shall apply to the management of various types of geological relics in the territory of the People's Republic of China and other jurisdictional sea areas.

         Article 3 The geological relics referred to in these provisions refer to the precious and non-renewable geological and natural heritage formed, developed and left behind due to various internal and external dynamics of geological action during the long geological history period deepened by the earth.

         Article 4 The geological relics under protection are the valuable wealth of the State, and no unit or individual shall destroy, excavate, buy or sell or transfer them in other forms.

         Article 5 The protection of geological relics is part of environmental protection, and the principle of "active protection and reasonable development" shall be implemented.

         Article 6 The administrative department of geology and minerals under the State Council shall, with the assistance of the administrative department of environmental protection under the State Council, supervise and manage the protection of geological relics throughout the country. The administrative department of geology and minerals of the people's governments at or above the county level shall, with the assistance of the administrative department of environmental p         rotection at the same level, supervise and manage the protection of geological relics within its jurisdiction.

         Chapter II Protection Content of Geological Remains

         Article 7 The following geological relics shall be protected:

         (1) Typical stratigraphic profiles (including sub-stratigraphic profiles), stratigraphic profiles of biological fossil assemblage zones, lithological petrographic construction profiles and typical geological tectonic profiles and tectonic monuments which have significant scientific research value for tracing geological history;Fossils and places of origin of ancient human beings and ancient vertebrates, invertebrates, microscopic organisms, ancient plants and other fossils as well as the remains of important paleontological activities, which are of great scientific and cultural value for the evolution of the earth and the evolution of organisms;

Third, with significant scientific research and ornamental value of karst, Danxia, loess, Yadan, granite peaks, quartz sandstone peaks, volcanoes, glaciers, meteorites, sand, coast and other peculiar geological landscapes;Rocks, minerals, precious stones and jade with special research and ornamental value and their typical origins;

         V. Hot springs, mineral springs, mineral mud, traces of groundwater activities and waterfalls, lakes and strange springs with special geological significance that have unique medical and health care effects or scientific research value;Typical geological disaster relics such as earthquakes, geocracks, subsidence, subsidence, collapse, landslides, mudslides, etc., which have scientific research significance;Other geological relics in need of protection.

         Chapter III Construction of Protected Areas for Geological Remains

         Article 8 For geological relics of international, domestic and regional typical significance, national, provincial and county-level geological relics protection zones, geological relics protection sections, geological relics protection sites or geological parks may be established, hereinafter collectively referred to as geological relics protection zones.

         Article 9 Grading standards of geological relics protection areas:

         National level:

         Geological monuments that can provide important geological evidence for a major geological historical event or evolutionary stage in the process of evolution of a large region or even the whole world;

         Typical sections, fossils and places of origin with international or domestic significance for stratigraphic (tectonic) comparison in a large region;

         Geological landscapes or phenomena with international or domestic typical geological significance.

         Provincial:

         I. Geological relics that can provide important geological evidence for the evolutionary stage of regional geological history;

         Typical sections, fossils and places of origin with regional stratigraphic (tectonic) comparative significance;

         III. Geological landscapes that are representative or of high historical, cultural and tourist value in terms of geological zoning and classification.

County:

         I. Typical sections, fossils and places of origin with scientific research value within the limits of the county (city);

         II. Geological landscapes or geological phenomena with special features within a small area.

         Article 10 Declaration and Approval of Protected Areas for Geological Remains:

         The establishment of a national-level geological relics protection area shall be applied for by the administrative department of geology and minerals under the State Council or by the people's government of the province, autonomous region or municipality directly under the Central Government where the geological relics are located, and after being evaluated by the evaluation committee of the national-level nature reserve, the administrative department of environmental protection under the State Council shall examine it and sign an opinion, and report it to the State Council for approval and announcement.

         For national-level protected areas of geological relics to be included in the list of world natural heritage, the administrative department of geology and minerals under the State Council shall make a declaration to the relevant administrative department of the State Council.

         For the establishment of provincial-level geological relics protection areas, the people's government of the city (prefecture) or county (city) where the geological relics are located or the administrative department of geology and minerals at the same level shall submit an application, which shall be evaluated by the provincial-level nature reserve evaluation committee and then examined by the administrative department of environmental protection of the people's government of the province, autonomous region or municipality directly under the central government and sign an opinion, and then submit it to the people's government of the province, autonomous region or municipality directly under the central government for approval and announcement.

         For the establishment of county-level geological relic reserve, the administrative department of geology and minerals of the people's government of the county where the geological relics are located shall submit an application, and after being evaluated by the evaluation committee of the nature reserve at the county level, the administrative department of environmental protection of the people's government of the county (city) shall examine and sign the opinion, and report to the people's government of the county (city) level for approval and announcement.

         For the establishment of a geological relic reserve spanning over two or more administrative regions, the people's government of the administrative region concerned or the administrative department of geology and minerals at the same level shall submit an application after consensus, and the application shall be examined and approved in accordance with the procedures stipulated in the preceding three paragraphs.

         Article 11 Delineation of the Degree of Protection

         The geological relics in the protected areas may be subject to first-level protection, second-level protection and third-level protection respectively.

         Grade I protection: geological relics of extremely rare and important scientific value in the international or domestic are under Grade I protection and are not allowed to enter the area without approval. With the approval of the administrative department of geology and minerals of the people's government that establishes the geological relics protection area at this level, it can organise visits, scientific researches or international exchanges.

         Secondary protection: geological relics with important scientific value within a large area shall be under secondary protection. With the approval of the administrative department of geology and minerals of the people's government of the people's government that establishes the geological relics protection area at this level, scientific research, teaching, academic exchanges and appropriate tourism activities may be organised.

         Tertiary protection: Tertiary protection shall be implemented for geological relics with certain value. With the approval of the administrative department of geology and minerals of the people's government of the people's government that establishes the geological relics protection area at that level, tourism activities may be organised.

         Chapter IV Management of Protected Areas for Geological Remains

         Article 12 The administrative department of geology and minerals under the State Council shall draw up a development plan for the national geological relics protection area, which shall be examined and signed by the administrative department of environmental protection under the State Council, and then submitted to the State Council for approval and implementation by the State Council's planning department after a comprehensive balance is achieved.

         The administrative departments of geology and minerals of the people's governments at or above the county level shall formulate the development plan for the geological relics protection areas under their jurisdiction, which shall be examined and signed by the administrative departments of environmental protection at the same level, and reported to the people's governments at the same level for approval and implementation after being comprehensively balanced by the planning departments at the same level.

         Article 13 The establishment of geological relics protection areas shall take into account the integrity of the protected objects and the needs of local economic construction and mass production and life.

         Article 14 The scope and boundaries of the geological relics protection area shall be determined, fixed signs shall be buried and announcements shall be made by the people's government which approves the establishment of the protection area. Without the approval of the original approval authority, no unit or individual shall move or change the monument or boundary markers without authorisation. 

         Article 15 The management of protected areas for geological relics may take the following forms:

         In the case of independently existing protected areas for geological relics, the administrative department of geology and minerals of the people's government where the protected area is located shall manage it;

         For geological relics protected areas distributed in other types of nature reserves, the administrative department of geology and minerals of the people's government where the protected area is located shall, in accordance with the protection requirements put forward by the approving authority of the geological relics protected area, implement the management of the geological relics protected area with the assistance of the management agency of the original nature reserve.

         Article 16 Main duties of the management organ of the geological relics protection area:

         (1) To implement the national guidelines, policies, laws and regulations on the protection of geological relics;

         (2) To formulate management system and manage the activities engaged in the protected area, including activities related to scientific research, teaching and tourism;

         （3）Monitor and maintain what is protected, and prevent the ruins from being destroyed and polluted;

         (4) To carry out propaganda and educational activities for the protection of geological relics.

         Article 17 No unit or individual shall carry out quarrying, earth extraction, mining, grazing, logging and other activities that are detrimental to the protected objects within the protected area and within a certain range that may have an impact on the geological relics. Specimens and fossils shall not be collected within the scope of the protected area without the approval of the management agency.

         Article 18 No plant or other building facilities unrelated to the protection of geological relics shall be constructed in the protected area; facilities which have been built and may cause pollution or damage to the geological relics shall be managed or closed down and relocated within a limited period of time.

         Article 19 The management body may, according to the degree of protection of geological relics, approve units or individuals to engage in scientific research, teaching and tourism activities within the scope of the protected area. The scientific research results obtained shall be submitted to the geological relics protection management agency for copy filing.

         Chapter V Legal Responsibility

         Article 20 For any of the following behaviours, the management body of the geological relics protection area may, in accordance with the relevant provisions of the Regulations of the People's Republic of China on Nature Reserves, depending on the different circumstances, give a warning, impose a fine, confiscate the illegal gains, and order to make compensation for the damages, respectively:

         （1）Violating Article 14 of these provisions, moving and destroying the monuments and boundary markers without permission;

         （2） In violation of Article 17 of these Provisions, quarrying, earth extraction, mining, grazing, logging and collecting specimens and fossils;

         （3）Violating Article 18 of the present Provisions, causing pollution and damage to geological relics;

         （4）Violating Article 19 of these Regulations, not obeying the management of the management organ of the protected area as well as engaging in scientific research activities without submitting a copy of the research results to the management unit.

         Article 21 For managers who neglect their duties, supervise the theft and destruction of relics, the higher administrative department shall give administrative sanctions, and those who constitute a crime shall be investigated for criminal responsibility according to law.

         Article 22 The parties to the administrative penalty decision is not satisfied, you can file an administrative reconsideration and administrative litigation.

Chapter VI Supplementary Provisions

         Article 23 These provisions shall be interpreted by the Ministry of Geology and Minerals.

         Article 24 The administrative department of geology and minerals of the people's governments of 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 come into force on the date of their promulgation.