Regulations on Grassland Fire Prevention (2008 Revision)

Regulations on Grassland Fire Prevention (2008 Revision) Decree of the State Council of the People's Republic of China (No.542) The Regulations on Grassland Fire Prevention has been adopted at the 36th Executive Meeting of the State Council on November 19, 2008 and promulgated, shall be effective as of January 1, 2009. Regulations on Grassland Fire Prevention (Promulgated by Decree No.130 of the State Council of the People's Republic of China on October 5, 1993, revised and adopted at the 36th Executive Meeting of the State Council on November 19, 2008) Chapter Ⅰ General Provisions Article 1 These Regulations are formulated in accordance with the Grassland Law of the People's Republic of China for the purpose of strengthening grassland fire prevention, effectively preventing and suppressing grassland fires, protecting grasslands and ensuring safety of people's lives and property. Article 2 These Regulations apply to prevention and suppression of grassland fires within the territory of the People's Republic of China, with the exception of fires in forest areas and urban areas. Article 3 In grassland fire prevention, the guideline of putting prevention first and combining prevention and suppression shall be followed. Article 4 The people's governments at or above the county level shall devote great efforts to organization and leadership of grassland fire prevention and include the funds for grassland fire prevention into their budgets, in order to ensure prevention and suppression of grassland fires. The administrative chiefs of the local people's governments at various levels and the heads of various departments and units assume overall responsibility for grassland fire prevention. Article 5 The competent grassland administrative department of the State Council takes principal charge of grassland fire prevention nationwide. The competent grassland fire prevention departments designated as such by the local people's governments at or above the county level take principal charge of grassland fire prevention within their respective administrative areas. The other relevant departments of the people's governments at or above the county level shall be responsible for grassland fire prevention within their respective functions and duties. Article 6 Units and individuals managing or using grasslands shall assume the responsibility for grassland fire prevention within the areas under their management or use. Article 7 Where grassland fire prevention involves two or more administrative areas, or involves forest or urban fire protection, the local people's governments and the departments concerned shall establish a mechanism for joint prevention of fires, demarcate the areas and adopt measures for joint prevention, promote mutual exchange of information and exercise strict supervision and inspection. Article 8 The people's governments at various levels or the relevant departments shall strengthen publicity and education on grassland fire prevention to raise citizens' awareness of grassland fire prevention. Article 9 The State encourages and supports scientific and technological research on grassland fire prevention and suppression, and promotes the application of advanced technologies for grassland fire prevention and suppression. Article 10 Units and individuals that have made outstanding contributions or achieved notable successes in prevention and suppression of grassland fires shall be commended and rewarded in accordance with the relevant provisions of the State. Chapter Ⅱ Prevention of Grassland Fires Article 11 The competent grassland administrative department of the State Council shall, in light of the risk levels of grassland fires and the scope of impact caused by such fires, divide the grasslands nationwide into grassland fire risk zones of four levels: extremely high, high, medium, and low. Article 12 The competent grassland administrative department of the State Council shall, in light of the division of grassland fire risk zones and the actual needs of work for grassland fire prevention, formulate the national plan for grassland fire prevention, submit the same to the State Council or the department authorized by the State Council for approval, and organize implementation of the plan after it is approved. The competent grassland fire prevention departments of the local people's governments at or above the county level shall, in accordance with the national plan for grassland fire prevention and in light of the local conditions, formulate the plans for grassland fire prevention within their respective administrative areas, submit the same to the said people's governments for approval, and organize implementation of the plans after they are approved. Article 13 A plan for grassland fire prevention shall mainly include the following particulars: (1) rationale for formulation of the plan for grassland fire prevention; (2) organizational structure for grassland fire prevention; (3) infrastructure and equipment for grassland fire prevention; (4) material reserve for grassland fire prevention; and (5) supporting measures. Article 14 The people's governments at or above the county level shall arrange for the relevant departments and units to, in accordance with the plans for grassland fire prevention, improve construction of infrastructure, including grassland fire observation and monitoring facilities, firebreaks, passages for fire fighting, and warehouses (stations) of fire prevention materials, equip themselves with means of transport, fire extinguishing equipment and equipment for observation and telecommunications, store the necessary fire prevention materials, and establish and improve the command information system for grassland fire prevention. Article 15 The competent grassland administrative department of the State Council is responsible for formulating the national preparedness plan for grassland fires, submit the same to the State Council for approval, and organize implementation of the plan after it is approved. The competent grassland fire prevention departments of the local people's governments at or above the county level are responsible for formulating the preparedness plans for grassland fires within their respective administrative areas, submit the same to the said people's governments for approval, and organize implementation of the plans after they are approved. Article 16 A preparedness plan for grassland fires shall mainly include the following particulars; (1) organizations for responding to grassland fire emergencies and their functions and duties; (2) mechanism for early-warning and prevention of grassland fires; (3) procedures for reporting grassland fires; (4) emergency measures against grassland fires of different levels; (5) emergency supply of materials, funds and personnel for suppression of grassland fires; and (6) emergency programs for evacuation of people and property, for medical treatment and for disease control. On the basis of the area of grassland affected, number of casualties, number of livestock afflicted, and the degree of threat to urban and rural residential areas, key installations, places of historic interest and scenic spots, and nature reserves, grassland fires are graded into devastating, major, serious and ordinary. The specific standards for such grading shall be formulated by the competent grassland administrative department of the State Council. Article 17 The local people's governments at or above the county level shall, in light of the regularity of grassland fires, specify the grassland fire prevention periods within their respective administrative areas, and make them known to the public. Article 18 Where, during grassland fire prevention periods, fire is to be used in the field in grasslands for production purposes, approval shall be obtained from the competent grassland fire prevention department of the people's government at the county level. A unit or individual using fire shall take measures to prevent the outbreak of fires. Where, during grassland fire prevention periods, fire is to be used in grasslands for daily lives, it is required to select safe places, take fire prevention measures, and thoroughly put out the embers after use. Using fire in the field in grasslands during grassland fire prevention periods shall be prohibited, except in the circumstances specified in the first and second paragraphs of this Article. Article 19 Hunting with firearms in grasslands during grassland fire prevention periods shall be prohibited. Blasting, exploration and construction operations to be conducted in grasslands during grassland fire prevention periods shall be subject to approval by the competent grassland fire prevention departments of the local people's governments at or above the county level, and measures shall be taken to prevent the outbreak of fires. ......