Order of the President of the People's Republic of China
No. 102
The Wetland Conservation Law of the People's Republic of China, adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on December 24, 2021, is hereby promulgated and shall come into force as of June 1, 2022.
Xi Jinping
President of the People's Republic of China
December 24, 2021
Wetland Conservation Law of the People's Republic of China
(Adopted at the 32nd Meeting of the Standing Committee of the Thirteenth National People's Congress on December 24, 2021)
Contents
Chapter I General Provisions
Chapter II Wetland Resources Management
Chapter III Wetland Conservation and Utilization
Chapter IV Wetland Restoration
Chapter V Supervision and Inspection
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This Law is enacted to strengthen wetland conservation, maintain the ecological functions and biodiversity of wetlands, ensure ecological security, promote the ecological conservation and environmental protection, and achieve the harmonious co-existence between people and nature.
Article 2 This Law applies to wetland conservation, utilization, restoration, and the related management within the territory of the People's Republic of China and other sea areas under the jurisdiction of the People's Republic of China.
For purposes of this Law, wetlands refer to natural or artificial, perennial or seasonal waterlogged areas and waters with significant ecological functions, including areas of marine water the depth of which at low tide does not exceed six meters, with the exception of paddy fields as well as artificial waters and tidal flats used for aquaculture. The state adopts a system of hierarchical management and a system of lists for wetlands.
Laws that are applicable to conservation, utilization, and related management of wetlands such as rivers, lakes, and certain sea areas also include, inter alia, the Water Law of the People's Republic of China, the Flood Control Law of the People's Republic of China, the Law of the People's Republic of China on Prevention and Control of Water Pollution, the Marine Environment Protection Law of the People's Republic of China, the Yangtze River Protection Law of the People's Republic of China, the Fisheries Law of the People's Republic of China, and the Law of the People's Republic of China on the Administration of the Use of Sea Areas.
Article 3 Wetland conservation shall adhere to the principles of conservation first, strict management, systemic governance, science-based restoration, and proper utilization, so that wetlands are able to exert their multiple ecological functions such as water conservation, climate regulation, environmental improvement, and biodiversity conservation.
Article 4 The people's governments at or above the county level shall incorporate wetland conservation into their plans for national economic and social development and shall include the funds for wetland conservation into their budgets pursuant to the principle of division of duties and powers.
The local people's governments at or above the county level are responsible for wetland conservation within their administrative areas and shall take measures to maintain the size of wetlands and enhance the ecological functions of wetlands.
The people's governments of townships and towns shall organize the public to carry out activities of wetland conservation and the villagers' committees shall provide corresponding assistance.
Article 5 The forestry and grassland department under the State Council shall be responsible for the supervision and management of wetland resources, the formulation of wetland conservation plans and relevant national standards, the supervision and administration of wetland development and utilization, and the ecological conservation and restoration of wetlands. Other relevant departments under the State Council, inter alia, the departments of natural resources, water resources, housing and urban-rural development, ecology and environment, and agriculture and rural affairs, shall undertake the work related to wetland conservation, restoration, and management pursuant to the division of duties.
The forestry and grassland department under the State Council shall, in conjunction with relevant departments, inter alia, departments of natural resources, water resources, housing and urban-rural development, ecology and environment, and agriculture and rural affairs, establish a wetland conservation collaboration and communication mechanism.
Article 6 The local people's governments at or above the county level shall strengthen coordination in wetland conservation. Relevant departments of the local people's governments at or above the county level shall take their responsibilities for wetland conservation, restoration and management pursuant to the division of duties.
Article 7 The people's governments at all levels shall promote the publicity for, education on, and dissemination of scientific knowledge about wetland conservation, and carry out public awareness campaigns and education through Wetland Conservation Day and Wetland Conservation Publicity Week to raise the public awareness of wetland conservation. Primary-level people's organizations for self-governance, social organizations and volunteers shall be encouraged to launch awareness campaigns on wetland conservation related laws, regulations, and appropriate knowledge to create an enabling environment for wetland conservation.
The education departments and schools shall attach importance to nurturing students' awareness of wetland conservation in education and teaching activities.
The news media shall launch nonprofit awareness campaigns on laws and regulations concerning wetland conservation and appropriate knowledge, and exercise public oversight over the acts detrimental to wetlands.
Article 8 The state encourages entities and individuals to engage in wetland conservation through donation, financial support, voluntary services, or other means in accordance with the law.
Entities and individuals who have made outstanding contributions to wetland conservation shall be commended and awarded pursuant to relevant state regulations.
Article 9 The state supports research, development, application and promotion of science and technologies related to wetland conservation, strengthens the training of wetland conservation professionals, and enhances the scientific and technological level of wetland conservation.
Article 10 The state supports international cooperation and exchanges in science and technologies for wetland conservation, biological diversity, bird migration, etc.
Article 11 All entities and individuals have the duty of wetland conservation, and are entitled to file reports or complaints against acts detrimental to wetlands. The organs that receive the reports or complaints shall handle them in a timely manner and protect the lawful rights and interests of those who file such reports and complaints in accordance with the law.
Chapter II Wetland Resources Management
Article 12 The state shall establish an inventory and assessment system for wetland resources.
The natural resources department under the State Council shall, in conjunction with other relevant departments, inter alia, the forestry and grassland department under the State Council, regularly conduct inventory and assessment of national wetland resources. They shall investigate the types, geographical distributions, size, biodiversity, conservation and utilization, and other aspects of wetlands, and establish a unified information disclosure and sharing mechanism.
Article 13 The state adopts a system for maintaining the overall size of wetlands and incorporate the size maintenance goals into the target responsibility system for wetland conservation.
The forestry and grassland department and the natural resources department under the State Council shall, in conjunction with other relevant departments under the State Council, set the goals for maintaining the total wetland size for the whole nation and for all the provinces, autonomous regions, and municipalities directly under the Central Government, based on the status of wetland resources nationwide, natural variation, and the requirements for overall size maintenance goals, and submit the goals for maintaining the total wetland size to the State Council for approval. The local people's governments at all levels shall take effective measures to meet the requirements for their overall size maintenance goals.
Article 14 The state adopts a system of hierarchical management for wetlands. The wetlands shall be classified as important wetlands or general wetlands according to their ecological locations and sizes, and their roles in the maintenance of ecological functions and biodiversity. Important wetlands include the wetlands of national importance and the wetlands of provincial importance. The wetlands other than important wetlands are general wetlands. Important wetlands shall be included in areas protected by the ecological conservation redline in accordance with the law.
The forestry and grassland department under the State Council shall, in conjunction with relevant departments, inter alia, departments of natural resources, water resources, housing and urban-rural development, ecology and environment, and agriculture and rural affairs, release the List of Wetlands of National Importance and their specific boundaries, and set up protection signs. Wetlands of International Importance shall be included in the List of Wetlands of National Importance.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government or departments authorized thereby shall be responsible for releasing the List of Wetlands of Provincial Importance and their specific boundaries, and filing such information with the forestry and grassland department under the State Council.
The List of General Wetlands and their specific boundaries shall be released by the local people's governments at or above the county level or the departments authorized by them.
Article 15 The forestry and grassland department under the State Council shall, in conjunction with other relevant departments under the State Council, formulate a national wetland conservation plan in accordance with the plan for national economic and social development, the spatial planning and the plan for ecological conservation and environmental protection, and submit it to the State Council or the departments authorized thereby for approval before implementation.
The forestry and grassland department of a local people's government at or above the county level shall, in conjunction with other relevant departments, formulate a wetland conservation plan for its administrative area in accordance with the spatial planning at the same level and the wetland conservation plan at the next higher level, and submit it to the people's government at the same level for approval before implementation.
Wetland conservation plans shall define their goals and targets, overall layout, conservation and restoration priorities, and supporting measures for wetland conservation. If the approved wetland conservation plans need to be adjusted, the adjustment shall be handled according to the approval procedure.
The formulation of wetland conservation plans shall be interconnected with integrated river basin plans, flood control plans and other relevant plans.
Article 16 The forestry and grassland department and the standardization department under the State Council shall, in conjunction with the departments of natural resources, water resources, housing and urban-rural development, ecology and environment, and agriculture and rural affairs under the State Council, organize the formulation of national standards for wetland classification, monitoring and early warning, ecological restoration, etc. Local standards may be formulated and filed for record in accordance with the law in the absence of relevant national standards.
Article 17 The forestry and grassland department of a people's government at or above the county level shall establish an expert advisory mechanism to provide assessment, examination and other services for the formulation of wetland conservation plans, wetland lists and relevant standards.
Article 18 For the ownership registration of natural resources involving wetlands, the geographic coordinates, boundaries, types, size, and other information of the wetlands shall be recorded pursuant to applicable regulations.
Article 19 The state shall strictly control the occupation of wetlands.
Occupation of wetlands of national importance is prohibited, except for major national projects, disaster prevention and mitigation projects, projects of important water conservancy and protection facilities, or wetland conservation projects, etc.
The site selection and route selection of a construction project shall avoid wetlands. If not possible, the occupation of wetlands shall be reduced as much as possible, and necessary measures shall be taken to mitigate the adverse impact on the ecological functions of the wetlands.
The forestry and grassland department under the State Council shall be consulted when the site and the route selection of a construction project, which involves wetlands of national importance, is reviewed for approval. Where wetlands of provincial importance or general wetlands are involved, the departments authorized by the local people's governments at or above the county level shall be consulted in accordance with their administrative authorities.
Article 20 If it is indeed necessary for a construction project to temporarily occupy wetlands, it shall be handled in accordance with the provisions of the Land Administration Law of the People's Republic of China, the Water Law of the People's Republic of China, the Forest Law of the People's Republic of China, the Grassland Law of the People's Republic of China, the Law of the People's Republic of China on the Administration of the Use of Sea Areas, and other applicable laws and regulations. The period of temporary occupation of the wetlands shall generally not exceed two years and no permanent structure shall be built on the wetlands temporarily occupied.
Within one year after the expiration of the temporary occupation of the wetlands, the land-using entities or individuals shall restore the size and ecological conditions of the wetlands.
Article 21 Except where flood control projects, navigation channels, ports or other water projects occupy wetlands in watercourse management areas and in flood detention and retention basins, the entity that has been approved to occupy important wetlands in accordance with the law shall, in light of local natural conditions, restore or rebuild the wetlands until they reach the original size and quality. If restoration or rebuilding is not feasible, a wetland restoration fee shall be paid. Those paying the wetland restoration fee may not be required to pay other fees of the same nature.
The management measures for the payment and use of wetland restoration fees shall be formulated by the financial department under the State Council, in conjunction with other relevant departments under the State Council such as the forestry and grassland department.
Article 22 The forestry and grassland department under the State Council shall carry out dynamic monitoring of wetlands of national importance in accordance with the technical specifications of monitoring, and keep abreast with the changes in wetland distribution, size, water quantity, biodiversity, and threats in a timely manner.
The forestry and grassland department under the State Council shall assess the ecological conditions of wetlands of national importance based on the monitoring data and issue early warnings pursuant to applicable regulations.
The forestry and grassland departments under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall carry out dynamic monitoring, conduct assessments, and issue early warnings concerning wetlands of provincial importance in accordance with the technical specifications of monitoring.
The forestry and grassland departments under the local people's governments at or above the county level shall strengthen the dynamic monitoring of general wetlands.
Chapter III Wetlands Conservation and Utilization
Article 23 Adhering to the principles of ecology first and green development, the state strives to optimize the wetland conservation system, improve policy support and the scientific and technological support mechanism for wetland conservation, ensure the ecological functions and sustainable utilization of wetlands, and coordinate ecological, social and economic benefits.
Article 24 The people's governments at or above the provincial level and their relevant departments shall, based on wetland conservation plans and needs, incorporate wetlands into national parks, nature reserves or natural parks in accordance with the law.
Article 25 The local people's governments at all levels and their relevant departments shall take measures to prevent and control the adverse impact of human activities on wetlands and their biodiversity, strengthen the prevention and control of wetland pollution, slow down the degradation of wetlands caused by human or natural factors, and maintain the wetland ecological functions.
Anyone engaged in tourism, farming, animal husbandry, aquaculture, shipping, and other utilization activities within the scope of wetlands shall avoid changing the natural conditions of the wetlands, and take measures to mitigate the adverse impact on the ecological functions of the wetlands.
The relevant departments of the people's governments at or above the county level shall strengthen the review of the necessity and rationality of wetland utilization activities, as well as the conservation measures before issuing relevant administrative licenses for environmental impact assessment, spatial planning, utilization of sea areas, aquaculture, or flood control, etc.
Article 26 The local people's governments at all levels shall give different guidance to the utilization of wetlands of provincial importance and general wetlands, encourage entities and individuals to carry out activities such as eco-tourism, eco-agriculture, eco-education and experiences in nature that meet the requirements for wetland conservation, and moderately control the scale of wetland utilization such as farming, animal husbandry and aquaculture.
The local people's governments at all levels shall encourage relevant entities to give priority to local residents' participation in wetland management and conservation.
Article 27 The local people's governments at or above the county level shall take into full consideration the need to maintain the ecological functions of important wetlands and optimize the industrial layout around important wetlands.
The local people's governments at or above the county level may promote green development of the surrounding areas of wetlands and promote the coordination between economic development and wetland conservation by means of targeted support, industrial transfer, attracting non-governmental investment, and community engagement.
Article 28 The following acts that damage wetlands or their ecological functions are prohibited:
(1) reclaiming or draining natural wetlands, or permanently cutting off water sources of natural wetlands;
(2) filling in natural wetlands or conducting sand mining, ore mining, or soil extraction without authorization;
(3) discharging industrial wastewater or domestic sewage that does not meet the discharge standards for water pollutants, or other wastewater or sewage that pollutes wetlands, or dumping, stacking, discarding, or scattering solid wastes;
(4) overgrazing, indiscriminately exploiting wild flora, overfishing or fishing with damaging methods that might cause depletion of fish stocks, excessively using fertilizers or pesticides, overfeeding, or conducting other planting and breeding practices polluting wetlands; and
(5) other acts that destroy wetlands or their ecological functions.
Article 29 The relevant departments of the people's governments at or above the county level shall, pursuant to the division of duties, carry out the monitoring of wetland pests and take effective measures in a timely manner to prevent, control and eliminate the harm of pests to the wetland ecosystem.
Article 30 The people's governments at or above the county level shall enhance the conservation of wetlands with high concentration of the key wild fauna and flora under state protection. No entity or individual shall damage the living environment of birds or aquatic species.
It is prohibited to engage in activities that endanger the survival or reproduction of waterbirds, such as fishing, digging and trapping benthic organisms, picking up bird eggs or destroying bird nests in protected areas or other important habitats for waterbird protection. Bird watching, relevant scientific research and science education activities shall be carried out at a safe distance to avoid affecting the normal foraging or breeding of birds.
Protection measures shall be carried out in important habitats such as spawning, feeding or wintering grounds or migration routes for important aquatic species. Where sluices or dams are approved to be constructed in the fish migration routes in accordance with the law and may affect the migration of aquatic species, the developer shall construct fish passing facilities or take other remedies.
It is prohibited to introduce or release exotic species into wetlands. If necessary, science-based assessment needs to be conducted before approval in accordance with the law.
Article 31 The water resources department under the State Council and the local people's governments at all levels shall enhance the management and conservation of wetlands within the areas of rivers and lakes, adopt management and restoration measures such as water system connection, dredging, conservation of river headwaters, and soil and water conservation as appropriate to local conditions, and strictly control the development and utilization of wetlands in areas such as headwaters, flood detention and retention basins, and areas with serious soil erosion, so as to mitigate the adverse impact on wetlands and their biodiversity.
Article 32 The natural resources department under the State Council and the local people's governments at all levels in coastal regions shall enhance the management and conservation of coastal wetlands and strictly control the reclamation of coastal wetlands. When projects approved in accordance with the law are enforced, ecological conservation and restoration measures shall be adopted simultaneously to mitigate the adverse impact on the ecological functions of coastal wetlands.
Article 33 The housing and urban-rural development department under the State Council and the local people's governments at all levels shall enhance the management and conservation of urban wetlands and take measures for urban water system governance and ecological restoration, so as to improve the ecological quality of urban wetlands, and give full play to the functions of urban wetlands such as rainwater detention, flood detention, water purification, recreation, and popular science education.
Article 34 The local people's governments at or above the county level of the places where mangrove wetlands are located shall organize the formulation of special planning for mangrove wetland conservation and take effective measures to protect such wetlands.
Mangrove wetlands shall be included in the lists of important wetlands. Those meeting the criteria for wetlands of national importance shall be included, with priority, in the List of Wetlands of National Importance.
It is prohibited to occupy mangrove wetlands. If, upon assessment by relevant departments of the people's governments at or above the provincial level, the occupation is indeed necessary for the purpose of major national projects, or for disaster prevention or reduction, the occupation shall be done according to provisions of the relevant laws and regulations, and wetland conservation and restoration measures shall be taken. Where the relevant construction projects change the hydrological regime of the estuary where the mangroves are located and have a major impact on the growth of mangroves, effective measures shall be taken to mitigate the adverse impact.
Digging ponds in mangrove wetlands is prohibited, so is logging, digging or transplanting mangroves, overharvesting mangrove seeds, or releasing or planting species that endanger the growth of mangroves. Where logging, digging, or transplanting mangroves, or collecting mangrove seeds is necessary for scientific research, medicinal purpose, or mangrove wetland conservation, the matter shall be handled in accordance with the provisions of the relevant laws and regulations.
Article 35 The local people's governments at or above the county level where mires are located shall formulate special planning for mires conservation and take effective measures to protect them.
Mires that meet the criteria for important wetlands shall be included in the lists of important wetlands.
It is prohibited to mine peat or exploit groundwater in mires without authorization. It is prohibited to discharge the stored water of mires, except when it is necessary for disaster prevention and reduction.
Article 36 The state establishes a compensation system for wetland ecological conservation.
The State Council and the people's governments at the provincial level shall, following the principle of division of duties and powers, increase fiscal funding for the conservation of important wetlands and increase financial transfer payments to areas where important wetlands are located.
The state encourages inter-regional ecological compensation through consultation or market-based mechanisms between the people's governments of the places where wetland ecological conservation areas are located and the people's governments of the places that benefit from the conservation.
The people's governments at or above the county level shall compensate for the damage caused to the wetlands owners or users due to the needs for ecological conversation or other public interests.
Chapter IV Wetland Restoration
Article 37 The people's governments at or above the county level shall adhere to the principles of prioritizing natural restoration and combining natural restoration with artificial restoration to strengthen wetland restoration efforts, restore wetland size and improve the quality of wetland ecosystem.
The people's governments at or above the county level shall comprehensively restore the natural wetlands that are seriously fragmented or functionally degraded, and shall give priority to the restoration of important wetlands with seriously degraded ecological functions.
Article 38 When the people's governments at or above the county level organize wetland conservation and restoration, they shall take into full consideration the endowment and carrying capacity of local water resources, rationally allocate water resources, ensure basic water use for wetlands and maintain the ecological functions of wetlands.
Article 39 The local people's governments at or above the county level shall, upon scientific demonstration and in light of local conditions, take appropriate measures to restore the ecological functions of the original wetlands, degraded wetlands, salinized wetlands, and other wetlands suitable for restoration.
The local people's governments at or above the county level shall, pursuant to the wetland conservation plans and with consideration of local conditions, take measures to clean the water, remediate lands, restore the vegetation, protect animals, etc., in order to enhance the ecological functions of wetlands and their role as carbon sinks.
Unlawful encroachment of cultivated land to build artificial wetlands is prohibited.
Article 40 The local people's governments at or above the county level of the places where mangrove wetlands are located shall prioritize the restoration of the mangrove wetlands located in areas with important ecological functions, high risks of marine disasters, or favorable afforestation conditions, or located within endangered species protection areas, and shall conduct emergency restoration of severely degraded mangrove wetlands. Local tree species shall be used as much as possible in these restoration efforts.
Article 41 The local people's governments at or above the county level of the places where mires are located shall organize the restoration of the degraded mires according to local conditions, and take appropriate restoration measures in light of the types, development status and degradation degree of the mires.
Article 42 Wetland restoration plans shall be prepared for the restoration of important wetlands.
The restoration plans of important wetlands shall be submitted for approval to the forestry and grassland departments of the people's governments at or above the provincial level. Before approving the restoration plans, the forestry and grassland departments shall consult relevant departments of the people's governments at the same level, such as departments of natural resources, water resources, housing and urban-rural development, ecology and environment, and agriculture and rural affairs.
Article 43 Important wetlands shall be restored according to the approved wetland restoration plans.
After the restoration of important wetlands is completed, the work shall be examined and accepted by the forestry and grassland departments of the people's governments at or above the provincial level and the information about the restoration shall be disclosed to the public in accordance with the law. The forestry and grassland departments of the people's governments at or above the provincial level shall strengthen the post-restoration management and dynamic monitoring of the restored wetlands, and carry out post-restoration assessment of the effect of the restoration as needed.
Article 44 The person who causes damage to wetlands by unlawful encroachment, mining, reclamation, filling in wetlands, pollution discharge, or other activities, shall be responsible for restoring the wetlands. Any party that inherits the aforesaid person's rights and obligations shall be responsible for the restoration.
Where wetlands are damaged due to severe natural disasters, or where the party responsible for wetland restoration is terminated or unidentifiable, the people's governments at or above the county level shall organize the wetland restoration.
Chapter V Supervision and Inspection
Article 45 The departments of forestry and grassland, natural resources, water resources, housing and urban-rural development, ecology and environment, and agriculture and rural affairs of the people's governments at or above the county level shall, in accordance with the provisions of this Law and the division of duties, supervise and inspect activities such as wetland conservation, restoration, and utilization, and, in accordance with the law, investigate and punish unlawful acts that damage wetlands.
Article 46 The departments of forestry and grassland, natural resources, water resources, housing and urban-rural development, ecology and environment, and agriculture and rural affairs of the people's governments at or above the county level shall have the right to take the following measures when conducting supervision and inspection:
(1) inquiring of the inspected entities or individuals and requiring them to explain the situation related to matters under supervision and inspection;
(2) conducting on-site inspections;
(3) consulting and duplicating relevant documents and files, and sealing documents and files that may be transferred, destroyed, concealed, or tampered with; and
(4) sealing up venues or facilities, or seizing property, which are suspected to be involved in unlawful activities.
Article 47 When the departments of forestry and grassland, natural resources, water resources, housing and urban-rural development, ecology and environment, and agriculture and rural affairs of the people's governments at or above the county level perform their supervision and inspection duties in accordance with the law, relevant entities and individuals shall cooperate and must not refuse or obstruct them.
Article 48 The forestry and grassland department under the State Council shall strengthen the supervision over and inspection of the conservation of wetlands of national importance. The forestry and grassland departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall strengthen the supervision over and inspection of the conservation of wetlands of provincial importance.
The forestry and grassland departments and other relevant departments of the people's governments at the county level shall supervise and inspect the conservation of wetlands by making full use of information technology.
The people's governments at all levels and their relevant departments shall disclose relevant information on wetland conservation in accordance with the law and accept public oversight.
Article 49 The state shall adopt a target responsibility system for wetland conservation and incorporate wetland conservation as a factor into the comprehensive performance assessment of the local people's governments.
The forestry and grassland departments of the people's governments at or above the provincial level shall, in conjunction with other relevant departments, have regulatory talks with the chief officials of the local people's governments where problems of wetland destruction are prominent, conservation is ineffective, or public complaints are intense.
Article 50 Wetland conservation, restoration, and management shall be incorporated into the audit of natural resource assets of outgoing officials.
Chapter VI Legal Liability
Article 51 Where, upon discovering or receiving reports of unlawful acts of damaging wetlands, the relevant departments of the people's governments at or above the county level fail to investigate or handle them in accordance with the law or there are acts of neglect of duty, abuse of power, or malpractice for personal gains, the person directly in charge and other persons directly responsible shall be sanctioned in accordance with the law.
Article 52 Where, in violation of this Law, wetlands of national importance are encroached upon due to construction projects without authorization, the forestry and grassland departments and other competent departments of the people's governments at or above the county level shall, pursuant to the division of duties, order the cessation of the unlawful acts, dismantling of the constructed buildings, structures or any other facility on wetlands unlawfully encroached upon within a specified time limit, as well as restoration of wetlands or undertaking of other remedies. A fine of not less than RMB 1,000 yuan but not more than RMB 10,000 yuan per square meter shall be imposed for the wetlands unlawfully encroached upon. Where the violator fails to cease the construction or dismantle the structure within the specified time limit, the department that made the decision on the administrative penalty shall apply to the people's court for enforcement in accordance with the law.
Article 53 Where important wetlands are occupied due to construction projects and fail to be restored or rebuilt in accordance with the provisions of this Law, the forestry and grassland departments of the people's governments at or above the county level shall order the violators to restore or rebuild the wetlands within a specified time limit. Where the violators fail to make rectification within the specified time limit, the forestry and grassland departments of the people's governments at or above the county level shall entrust the restoration or rebuilding to other parties, and the costs incurred shall be borne by the violators. In the meantime, a fine of not less than RMB 500 yuan but not more than RMB 2,000 yuan per square meter shall be imposed for the occupied wetlands.
Article 54 Where anyone, in violation of this Law, reclaims or fills in natural wetlands, the forestry and grassland departments and other competent departments of the people's governments at or above the county level shall, pursuant to the division of duties, order the violator to stop the unlawful acts, restore the wetlands within a specified time limit or take other remedies. The unlawful proceeds shall be confiscated and a fine of not less than RMB 500 yuan but not more than RMB 5,000 yuan per square meter shall be imposed for the damaged area of the wetlands. Those who damage wetlands of national importance shall be fined not less than RMB 1,000 yuan but not more than RMB 10,000 yuan per square meter of the damaged area of the wetlands.
Where anyone, in violation of this Law, drains natural wetlands or permanently cuts off the water sources of natural wetlands, the forestry and grassland departments at or above the county level shall order the violator to stop the unlawful acts, restore the wetlands within a specified time limit or take other remedies. The unlawful proceeds shall be confiscated and a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan shall be imposed. Where the consequences are serious, a fine of not less than RMB 500,000 yuan but not more than RMB one million yuan shall be imposed.
Article 55 Where anyone, in violation of this Law, introduces or releases exotic species into wetlands, the case shall be handled and the violator shall be punished in accordance with the provisions of the Biosecurity Law of the People's Republic of China and other relevant laws and regulations.
Article 56 Where anyone, in violation of the provisions of this Law, digs ponds in mangrove wetlands, the forestry and grassland departments and other competent departments of the people's governments at or above the county level shall, pursuant to the division of duties, order the violator to stop the unlawful acts, restore the wetlands within a specified time limit or take other remedies. The unlawful proceeds shall be confiscated and a fine of not less than RMB 1,000 yuan but not more than RMB 10,000 yuan per square meter shall be imposed for the damaged area of the wetlands. Those who damage trees shall be ordered to replant trees and shall ensure the number of surviving replanted trees is not less than one time but not more than three times the number of damaged trees. If the number of damaged trees cannot be determined, it shall be calculated pursuant to the growth density of similar tree species in the same area.
Where anyone, in violation of this Law, releases or plants species that endanger the growth of mangroves in mangrove wetlands, the forestry and grassland departments of the people's governments at or above the county level shall order the violator to stop the unlawful acts, clear the species from the wetlands within a specified time limit, and the violator shall be fined not less than RMB 20,000 yuan but not more than RMB 100,000 yuan. Where the consequences are serious, a fine of not less than RMB 100,000 yuan but not more than RMB one million yuan shall be imposed.
Article 57 Where anyone extracts peat in violation of this Law, the forestry and grassland departments and other competent departments of the people's governments at or above the county level shall, pursuant to the division of duties, order the violator to stop the unlawful acts, restore the wetlands within a specified time limit or take other remedies. The unlawful proceeds shall be confiscated and a fine of not less than RMB 2,000 yuan but not more than RMB 10,000 yuan per cubic meter shall be imposed for the extracted peat.
Where anyone in violation of this Law, discharges water out of mires, the forestry and grassland departments of the people's governments at or above the county level shall order the violator to stop the unlawful acts, restore the wetlands within a specified time limit or take other remedies. The unlawful proceeds shall be confiscated and a fine of not less than RMB 10,000 yuan but not more than RMB 100,000 yuan shall be imposed. Where the circumstances are serious, a fine of not less than RMB 100,000 yuan but not more than RMB one million yuan shall be imposed.
Article 58 An entity that, in violation of this Law, fails to prepare a restoration plan or to restore wetlands in accordance with the restoration plan, resulting in wetland damage, shall be ordered by the forestry and grassland departments of the people's governments at or above the provincial level to make rectification and be fined not less than RMB 100,000 yuan but not more than RMB one million yuan.
Article 59 Where a violator who damages the wetlands fails to restore the wetlands within the specified time limit or in accordance with the restoration plan, the forestry and grassland departments of the people's governments at or above the county level shall entrust the restoration work to other parties, and the costs incurred shall be borne by the violator. Where the violator loses the ability to restore the wetlands after being declared bankrupt or due to other reasons, the people's governments at or above the county level shall organize the restoration.
Article 60 Where an entity, in violation of this Law, refuses or obstructs the supervision or inspection conducted by the relevant departments of the people's governments at or above the county level in accordance with the law, it shall be fined not less than RMB 20,000 yuan but not more than RMB 200,000 yuan. Where the circumstances are serious, it may be ordered to stop production and business for rectification.
Article 61 Where the violation of this Law leads to damage of ecological environment, the organs authorized by the state or organizations prescribed by law shall have the right to require the violator to bear the liability for restoration as well as compensation for the losses and related costs in accordance with the law.
Article 62 Anyone whose violation of this Law constitutes a violation of public security administration shall be given a public security administrative penalty by the public security organ in accordance with the law. Where the violation of this Law constitutes a crime, the violator shall be held criminally liable in accordance with the law.
Chapter VII Supplementary Provisions
Article 63 For purposes of this Law:
(1) "Mangrove wetlands" refer to offshore and coastal intertidal wetlands mainly composed of mangrove plants;
(2) "Mires" refer to swamp wetlands with peat development.
Article 64 Provinces, autonomous regions, municipalities directly under the Central Government, cities divided into districts, and autonomous prefectures may formulate specific measures for wetland conservation in light of local conditions.
Article 65 This Law shall come into force as of June 1, 2022.
