The System of Graded and Categorized Preservation and Name List of Wetland

4.4 The System of Graded and Categorized Preservation and Name List of Wetland

4.4.1 Concept and significance The System of Graded and Categorized Preservation and Name List of Wetland refers to the different grading of wetland in accordance with its ecological particularity and regional characteristics and the publication in the form of name lists. Meanwhile, the grading and categorization principles, the grading and regionalization conditions, the decision or application and approval procedures, and the managerial body and its responsibilities shall be regulated as well.

Due to the discrepancies in type and scale, geographical location and ecological function, the state and international significance of wetland varies. Therefore, while the wetlands are considered together as an integrated identify, the optimum functions and benefits of a wetland cannot be realized unless different functions of wetland are preserved according to their functional sequence of different grade and in different category.

4.4.2 Suggested provisions on the System of Graded and Categorized Preservation and Name List of Wetland Article n: Wetlands are categorized into national key wetland, local key wetland and common wetland in line with the level of typicality, endemism or vulnerability of wetland ecosystem, the area of wetland and associated ecological and hydrological functions, the level of reliance on the wetland by species under key protection or endangered species, as well as its historical and cultural research values. All the wetland of international

General analysis and recommendations on China’s legal implementation mechanism for wetland biodiversity conservation

importance enlisted in the Ramsar Convention is national key wetlands.

Article n+1: The State shall apply the system of name list to key wetlands at the national and local levels. The Name List of National Key Wetlands shall be identified or amended by the competent department of

forestry under the State Council in conjunction with the competent departments of land resources, water conservancy, environmental protection, agriculture (fishery) and other departments of concern. The namelist shall

be subject to approval by the State Council before release to the public. The Name List of Local Key Wetlands shall be decided and adjusted by the competent department of forestry of the people’s governments of provinces, autonomous regions or municipalities directly under the central government in conjunction with the competent departments of land resources, water conservancy, environmental protection, agriculture (fishery) of the same level and other departments of concern. The name list shall be subject to approval by the people’s governments of provinces, autonomous regions or municipalities before release to the public and shall be reported to the competent department of forestry of the State Council for record-keeping.

The wetlands not enlisted as national or local key wetlands are common wetlands. The name list of common wetlands and its amendment shall be proposed by the competent department of forestry at the county level in conjunction with competent departments of land resources, water conservancy, environmental protection, agriculture (fishery) of the same level and other departments of concern, and submitted to the People’s government of the same level for approval and release.

The identification standards and procedures and the adjustment rules for the national key wetland are formulated by the competent department of forestry under the State Council, in conjunction with competent departments of land resources, water conservancy, environmental protection, agriculture (fishery) and other departments of concern, and submitted to the State Council for approval.

The identification standards and procedures and the adjustment rules for the local key wetland are formulated by the competent department of forestry of the People’s government of provinces, autonomous regions or municipalities, convening the competent departments of land resources, water conservancy, environmental protection, agriculture (fishery) of the same level and other departments of concern, submitted to the People’s government of the same level for approval, and reported to the competent department of forestry of the State Council for record-keeping.

Comments from the public and specialists should be solicited for the formulation of the name list of key wetlands. Article n+2: The State shall encourage the nomination of wetlands of global significance in the area of wetland ecology, botany, zoology, limnology, hydrology and culture to the namelist of wetlands of international importance.

The application for nominating as wetland of international importance shall be organized by the competent department of forestry of the People’s governments of province, autonomous region or municipalities, representing the corresponding people’s governments. The competent department of forestry under the State Council shall organize the related departments, organizations and experts to evaluate the application and then submit it to the Ministry of Foreign Affairs for review and approval. After that, it will be submitted to the State Council for approval and finally nominated to the implementation body of the Ramsar Convention by the competent department of forestry of the State Council, representing the Chinese government.

The nomination qualifications and rules for wetland of international importance shall be developed by the competent department of wetland preservation under the State Council and approved by the State Council.

General analysis and recommendations on China’s legal implementation mechanism for wetland biodiversity conservation

Article n+3: The relevant administrative departments of province, autonomous region and direct municipalities people’s government where the national key wetland located should make the demarcation. The local people’s government in conjunction with relevant competent departments should make the demarcation of a local key wetland. The demarcation shall clearly demonstrate the type, level of protection, major targeted protection objects and other relevant information.

The demarcation of trans-jurisdictional wetland shall be developed by the common people’s government higher than the regions, through convening the related administrative departments. The local people’s governments shall be encouraged to demarcate wetlands other than the key ones based on the local situation.

Relocating or damaging wetland demarcations by any unit or individual without authorization shall be prohibited. Article n+4: The competent department of wetland preservation under the State Council shall be responsible for formulating the managerial measures and strengthening the protection and comprehensive management for the national key wetlands.

The managerial measures of the local key wetlands shall be developed by the people’s government of province, autonomous region or municipality.

4.5 The rational utilization system for the wetland

4.5.1 Concept and significance The rational utilization of wetland is mainly realized through the implementation of the wetland use-control system and the administrative license system for wetland development. Among them, the former constitutes the precondition for the rational utilization system of wetland and the latter, its safeguard. As it were, the rational utilization of wetland is a system that regulates, according to different wetland categories, the specific items of development and utilization programs maybe carried out, the conditions and procedures of development or utilization licenses, and the authoritative administration departments and their responsibilities and authorities in relevant examination and approval procedures, so as to realize the rational utilization and management of wetlands of different categories. The wetland rational utilization system shall include the subsystems such as, the wetland use-control system, the wetland risk assessment examination-and-approval system, the wetland use-alteration examination-and-approval system and the license system.

The implementation of wetland rational utilization system may reduce, to the maximum, the extent of wetland damages caused by irrational use of land, water, biology and other resources.

4.5.2 Suggested provisions for the rational utilization of the wetland Article n: Where important wetland is taken for construction use, the land administration department of the people’s government at and above the county level shall, together with the forestry administration department at the same level, draft wetland use-alteration and compensation schemes, submit them to the people’s government at the same level for examination and approval, and then the examination and approval procedures shall be gone through in accordance with laws and regulations concerning land administration.

The people’s government at and above the county level shall, in accordance with the ratified wetland use-alteration and compensation scheme, carry out the rehabilitation work of the wetland concerned. Where the wetland rehabilitation is not up to condition or requirement, relevant compensation fee of a certain sum shall be handed in, according to related regulations set by relevant administrative departments with the people’s government at the provincial level.

Where other wetlands are to be used for construction, the land administration department with the people’s

General analysis and recommendations on China’s legal implementation mechanism for wetland biodiversity conservation

government at and above the county level shall, after solicit ing the opinions of the forestry administration departments, see to the land use-alteration examination and approval procedures.

Where wetland use is altered or the wetland is recovered or reconstructed, the forestry administration departments with the people’s government at and above the county level shall, together with related departments at the same level, timely carry out the registration.

Article n+1: Where construction programs are to be conducted in the wetland, the peripheral areas or the upriver of a wetland, or where large acreage of wetlands are to be reclaimed as agricultural used land, environmental impact assessment must be conducted.

4.6 The wetland environment restoration and ecosystem compensation system

4.6.1 Concept and significance There are two kinds of wetland ecosystem compensation: one refers to the interests compensation given to the units and individuals due to damages caused by the wetland construction, planning and other wetland protecting activities carried out by the government, for instance, where farmland are converted to lakes, residents are resettled and townships are integrated within the areas for flood storage and detention allocated by the State or where farmland are converted for fishing and grassland are converted for wetland with nature reserves or eco-functional conservations etc; the other refers to the interests compensation given to units or individuals due to damages caused when they carry out environment protection, amelioration and rehabilitation to the wetland.

The practice of establishing wetland eco-compensation funds to mediate the development and utilization activities degenerating wetland, if adopted, may supplement the works protecting, restoration and reconstructing wetlands protection, supplement the wetland protection management, compensate the interests-damaged parties during the wetland protection and help weaken the conflicts between wetland protection and utilization so as to form an all-society participated incentive mechanism for wetland protection.

4.6.2 Provisions suggested for wetland environment restoration and ecosystem compensation Article n: Where the wetland environment and natural resources are damaged because of construction activities, relevant parties shall be responsible for restoration the wetland environment and compensating for the ecosystem.

The people’s government at and above the county level shall, in accordance with the ratified wetland protecting, restoration and rehabilitation, supervise the construction units or individuals when they carry out the wetland protection, restoration and rehabilitation Where the wetland rehabilitation is not up to condition or requirement, relevant compensation fee of a certain sum shall be handed in, according to related regulations set by relevant administrative department with the State Council.

The technical standards, construction standards and check-and-accept standards for wetland restoration and rehabilitation shall be formulated by the forestry administration department with the State Council, together with other related departments of the State Council.

Wetland compensation fee shall be collected by the people’s government at and above the county level and used mainly for the restoration and rehabilitation of the wetland. The standards and measures for collecting wetland compensation fee shall be formulated by the financial department with the State Council together with the forestry administration department with the State Council. Article n+1: The eco-compensation system shall be implemented. Where the legitimate rights and interests of the wetland resources owners or users are damaged because of necessary protections, the government shall give them compensation and properly settle them in terms of production and living.

General analysis and recommendations on China’s legal implementation mechanism for wetland biodiversity conservation

Damages caused to units or individuals when they carry out environment protection, amelioration and rehabilitation to the wetland, shall be compensated by the government. Eco-compensation fee shall be paid by the people’s government at and above the county level in accordance with the wetland eco-compensation standards and measures. The wetland compensation standards and measures shall be formulated by the financial department with the State Council together with the forestry administration department with the State Council. Where the State sets up the wetland eco-compensation funds, detailed measures shall be formulated by the financial department with the State Council together with the forestry administration department with the State Council.