Payment for use of important wetlands and compensation for changing the land use of important wetlands

4.2 Payment for use of important wetlands and compensation for changing the land use of important wetlands

4.2.1 Concept and significance Payment for use of important wetland refers to the fact that a cost must be paid by wetland users based on the economic, social and ecological values of the wetlands of importance. Compensation for changing the use of important wetlands for other land use purposes mainly refers to where a government, a working units or an individual lawfully use or confiscate wetlands for other purposes, the loss of environmental functions of important wetland due to the changed land use shall be indemnified or a fee for damaging wetlands should be collected. The economic compensation for changing the use of important wetlands for other purposes and the payment for use of important wetlands reflect two aspects of the same issue.

Payment for use of important wetland and economic compensation for the use of wetland for other purposes contribute to the wise use and protection of wetlands in two aspects. Firstly, the collection of damaging fees for wetland use and compensation for the use of wetland for other purposes would increase the cost for using wetlands, which could restrict the overuse of important wetland. Secondly, fee collection and its management could provide funding sources for important wetland protection and restoration.

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

4.2.2 Suggested provisions on payment for wetland use and compensation for the use of wetland for other purposes Article n: The State shall apply a system of control and balance on the total amount of important wetlands. The provinces, autonomous regions and municipalities reclaimed or used important wetland as land for construction or land for agriculture shall, rehabilitate the same amount of man-made wetland to ensure the total amount of important wetland unchanged.

Article n+1: The system of payment for use shall be applied on important wetland. Those that obtained important wetland user right and benefiting right shall pay expenses for the use of important wetland resources in accordance with provisions of the State.

Article n+2: The system of compensation for the use of important wetlands for other purposes shall be applied. Any units or individuals that, with approval, use important wetlands for other purposes shall follow the principle of “no net loss” by either taking measure for the ecological rehabilitation of the important wetlands or paying equivalent expenses for the ecological rehabilitation of the important wetlands. Compensation fees for the use of important wetland for other purposes shall be collected either by the administrative department on wetlands in people’s governments at and above the county level or by a delegated authority. Compensation fee shall be handed over to the national wetland conservation fund for overall management.

4.3 System of wetland survey, dynamic monitoring and information sharing

4.3.1 Concept and significance The system of wetland survey, dynamic monitoring and information sharing includes mainly the quantity and quality of wetland resources, survey and monitoring of dynamic changes, management of dossier, resources data release and etc.

In terms of preserving wetlands, it is of great significance to establish a sound system of wetland resource survey and monitoring and a dynamic survey system so as to comprehend the dynamic changes of wetlands in China and offer timely, comprehensive and accurate reference data for wetland planning and for establishment and implementation of various wetland systems. In addition, the integrated management of wetland ecosystem requires the establishment of wetland data dossier and information files of dynamic monitoring on the basis of wetland survey and dynamic monitoring.

4.3.2 Suggested provisions on the system of wetland survey, monitoring and information sharing Article n: The competent department of forestry at the county level or above shall in conjunction with the related competent departments of the same level responsible for land and resources, water conservancy, environmental protection, agriculture (fishery) and other departments of concern to conduct wetland resources survey on a regular basis.

The survey of wetland resources is categorized into national wetland resource census and assigned surveys to key wetlands. The competent department of forestry under the State Council shall conduct one national wetland resource census every five years and assign a certain number of surveys to selected key wetlands annually. The results of the national census and the assigned surveys shall be compiled by the competent department of forestry under the State Council and released after the approval by the State Council.

The plans of national wetland resource census and assigned surveys to key wetlands and the technical procedures and standards shall be developed by the competent department of forestry under the State Council in conjunction with related departments of land and resources, water conservancy, environmental protection, agriculture (fishery) and other departments of concern under the State Council.

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

Article n+1: The competent department of forestry at the county level or above shall convene the related competent departments of the same level responsible for land resources, water conservancy, environmental protection, agriculture (fishery) and others of concern to conduct dynamic monitoring of wetland. The competent departments at the county level or above responsible for land and resources, water conservancy, environmental protection, agriculture (fishery) and others of concern shall notify the forestry authority about the wetland monitoring data at regular basis.

The competent department of forestry at the county level or above shall be responsible for collecting and analyzing wetland monitoring data. Degeneration of wetland ecological features shall be reported timely to the people’s governments of the same level or above. The people’s governments, after receiving the report, shall require the competent authority to take corresponding measures to prevent the degeneration

The technical procedures and the managerial measures of the wetland monitoring shall be formulated by the competent department of forestry under the State Council in conjunction with the related departments of land and resources, water conservancy, environmental protection, agriculture (fishery) of the State Council and etc.

Article n+2: On the basis of information collected from wetland resource census and dynamic monitoring, the competent department of forestry at the county level or above shall set up and update in time the information files of wetland resources and dynamic monitoring and report periodically to the People’s Government of the same level and the authority of forestry of the next higher level on the wetland monitoring results and publish the wetland resource status periodically.

Article n+3: The information and data maintained by the governmental authorities concerning the wetland survey, monitoring and statistics shall be shared by all the administrative authorities and the public except the legally confidential information. The public and the stakeholders have the right to read and access the said information and data. The authority refusing to offer the said information shall provide in writing the reasons for so doing. Disagreement on the written reasons may be followed with applications for administrative reconsideration to the competent department of higher level or litigation to the people’s court of the corresponding jurisdiction.