Regulations on Forest Fire Prevention (2008 Revision)

Regulations on Forest Fire Prevention (2008 Revision) Decree of State Council of the People's Republic of China (No. 541) Regulations on Forest Fire Prevention revised and adopted at the 36th Executive Meeting of the State Council on November 19, 2008 are now promulgated and shall be effective as of January 1, 2009. Premier Wen Jiabao December 1, 2008 Regulations on Forest Fire Prevention(Promulgated by the State Council on January 16, 1988 and 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 Forestry Law of the People's Republic of China for the purpose of effectively preventing and suppressing forest fires, ensuring safety of people's lives and property, protecting forest resources and safeguarding ecological security. Article 2 These Regulations apply to prevention and suppression of forest fires within the territory of the People's Republic of China, with the exception of urban areas. Article 3 In forest fire prevention, the principle of prevention first and proactive suppression shall be followed. Article 4 The national forest fire prevention headquarters is responsible for organizing, coordinating and guiding forest fire prevention throughout the country. The competent forestry department of the State Council is responsible for supervising and administering forest fire prevention throughout the country and undertakes the day-to-day work of the national forest fire prevention headquarters. The other relevant departments of the State Council, in accordance with their respective functions and duties, are responsible for the tasks related to forest fire prevention. Article 5 The administrative chiefs of local people's governments at various levels assume overall responsibility for forest fire prevention. The forest fire prevention headquarters set up by local people's governments at or above the county level in light of actual needs are responsible for organizing, coordinating and guiding forest fire prevention within their respective administrative areas. The competent forestry departments of local people's governments at or above the county level are responsible for supervising and administering forest fire prevention within their respective administrative areas and undertake the day-to-day work of the forest fire prevention headquarters of the said people's governments. The other relevant departments of local people's governments at or above the county level, in accordance with their respective functions and duties, are responsible for the tasks related to forest fire prevention. Article 6 Units and individuals managing forests, trees or forest land shall assume the responsibility for forest fire prevention within the areas under their management. Article 7 Where forest fire prevention involves two or more administrative areas, the local people's governments concerned shall establish a mechanism for joint prevention of forest fires, demarcate the areas and formulate the rules for joint prevention, in order to share information and strengthen supervision and inspection. Article 8 People's governments at or above the county level shall incorporate the construction of forest fire prevention infrastructure into their respective plans for national economic and social development, and include the funds for forest fire prevention in their budgets. Article 9 The State supports scientific research on forest fire prevention and promotes the application of advanced science and technology to improve the scientific and technological level of forest fire prevention. Article 10 People's governments at various levels and the departments concerned shall organize regular publicity activities for forest fire prevention, popularize knowledge in this regard and take adequate precautions against forest fires. Article 11 The State encourages shifting the risk of forest fires through insurance, in order to improve the capacity of the forestry sector to prevent and mitigate disasters and its capacity of self-relief of disasters. Article 12 Units and individuals that make outstanding achievements in forest fire prevention shall be commended and rewarded in accordance with the relevant provisions of the State. Units and individuals that perform notable deeds in the suppression of major or devastating forest fires may be commended and rewarded by the forest fire prevention headquarters on the site of forest fires. Chapter II Prevention of Forest Fires Article 13 The competent forestry departments of people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in accordance with the criteria for grading forest fire risk zones, as formulated by the competent forestry department of the State Council, grade such zones within their respective administrative areas with the county as the basic unit, publish the results of such grading and submit the same to the competent forestry department of the State Council for the record. Article 14 The competent forestry department of the State Council shall, on the basis of the grading of forest fire risk zones throughout the country and in light of the actual needs of work, formulate the national plan for forest fire prevention, submit the same to the State Council or the department authorized by the State Council for approval, and organize the implementation of the plan after it is approved. The competent forestry departments of local people's governments at or above the county level shall, in accordance with the national plan for forest fire prevention and in light of the local conditions, formulate the plans for forest fire prevention within their respective administrative areas, submit the same to the said people's governments for approval and organize the implementation of the plans after they are approved. Article 15 The relevant departments of the State Council and the local people's governments at or above the county level shall, in accordance with the plans for forest fire prevention, strengthen the construction of forest fire prevention infrastructure, reserve requisite materials for forest fire prevention and, in light of actual needs, integrate and improve the command information system for forest fire prevention. The State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, in light of the actual needs of forest fire prevention, make full use of the satellite remote sensing technologies and the existing military and civil aviation infrastructure to establish a cooperation mechanism for aerial forest protection with the participation of the relevant departments, improve the said infrastructure and secure the funding for aerial forest protection. Article 16 The competent forestry department of the State Council shall, in accordance with the relevant provisions, formulate a preparedness plan for major and devastating forest fires and submit the same to the State Council for approval. The competent forestry departments of local people's governments at or above the county level shall, in accordance with the relevant provisions, formulate their respective forest fire preparedness plans and submit the same to the said people's governments for approval and to the competent forestry departments of the people's governments at the next higher level for the record. People's governments at the county level shall organize the people's governments of the townships (towns) to formulate contingency measures for forest fires in accordance with the forest fire preparedness plans; villagers committees shall, in accordance with the said plans and measures, render assistance in the event of a forest fire. People's governments at or above the county level and the relevant departments thereof shall organize necessary drills for implementing the forest fire preparedness plans. Article 17 A forest fire preparedness plan shall include the following: (1) the emergency headquarters for forest fire and its functions and duties; (2) the early-warning and monitoring of forest fire, and the reporting and handling of the information; (3) the mechanism and measures for emergency response to forest fire; (4) safeguards in terms of funds, materials, technologies, etc. ; and (5) post-disaster measures. Article 18 Where an industrial or mining enterprise, a tourist area or a development zone is to be established in a forest area in accordance with law, the forest fire prevention facilities thereof shall be planned, designed, built and inspected for acceptance in a synchronized manner with the said construction project; where tracts of trees are to be planted in a forest area, supporting facilities for forest fire prevention shall be built at the same time. Article 19 Railway-operating units shall be responsible for forest fire prevention in the forest land under their management, and shall cooperate with the local people's governments at or above the county level in forest fire prevention along the sections of railway lines exposed to the danger of forest fire. Units responsible for forest fire prevention along electricity lines, telecommunications lines, and oil and gas pipelines shall demarcate forest fire breaks in areas exposed to the danger of forest fire and organize the patrol of the areas. Article 20 Units and individuals managing forests, trees or forest land shall, in accordance with the provisions of the competent forestry departments, put into practice a responsibility system for forest fire prevention, demarcate responsibility areas, appoint persons in charge of forest fire prevention, and have in place facilities and equipment therefor. Article 21 Local people's governments at various levels, and State-owned fores......