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Article 1. The present Measures are formulated in order to protect fossils and to strengthen the management of them. Article 2. The term "fossil" mentioned in the present Measures refer to the remnant or trace of an animal or a plant of a past geologic age embedded and preserved in the earth's crust. Article 3. The Ministry of Land and Resources shall be responsible for the management and supervision of the national-wide fossils. The administrative departments for geologic minerals of the people's governments at (above) the county level shall be responsible for the management and supervision of the fossils within their respective jurisdiction. Article 4. The people's governments at (above) the county level shall reward the entitys or individuals who have made outstanding achievements in the protection of the fossils. Article 5. The state shall lay emphasis on the protection of the following fossils and the localities: (1) the already named types of fossils; (2) perfect or relatively perfect rare Paleovertebrate fossils; (3) domestic rare fossils and the fossils of special significance to the biologic evolution and classification; (4) large or central localities of important fossils. The catalog of the fossils provided in Item (1), (2) and (3) of this paragraph shall be formulated and announced by the Ministry of Land and Resources. Article 6. Any entity or individual that discovers fossils in the activities of production and construction shall protect the spot and inform the administrative department for geologic minerals of the people's government at the county level in time. If there is important discovery, the administrative department for geologic minerals of the local people's government at the county level shall report it to the superior administrative department for geologic minerals in time. Article 7. The Ministry of Land and Resources shall make national-wide programs for the protection of fossils. The administrative departments for geologic minerals of the people's governments of the provinces, autonomous regions and the municipalities directly under the Central Government shall make province-wide programs for the protection of fossils within their respective jurisdiction jointly with the other relevant departments on the basis of the national-wide fossil protection program. Article 8. In accordance with the Regulation on the Natural Protection Zone of the People's Republic of China and in light of the fossil protection programs, some fossil protection zones shall be established in the large or central localities of important fossils. The fossil protection zones shall be classified as the state fossil protection zones and the provincial fossil protection zones. The management of the fossil protection zones shall be implemented in accordance with the relevant regulations on natural protection zones. Article 9. No entity or individual may excavate fossils without permission. In need of scientific research, teaching and popularization of science, the excavation of fossils within a state fossil protection zone by scientific & research institutions, universities and colleges shall be subject to the argumentation of the fossil experts organized by the Ministry of Land and Resources. The excavation of fossils within a provincial fossil protection zone or outside a provincial fossil protection zone shall be subject to the argumentation of the fossil experts organized by the administrative departments for geologic minerals of the people's government of the province, autonomous region, or municipality directly under the Central Government. The measures for argumentation of the excavation of fossils shall be formulated by the Ministry of Land and Resources. Article 10. The scientific and research institutions, universities and colleges to excavate fossils in accordance with Article (2) of the present Measures shall draw up a fossil excavation plan and submit it to the fossil experts for argumentation. The fossil excavation plan shall include the basic information of excavation entity, purposes, time, place, scope, quantity and ways. Article 11. Scientific and research institutions, universities and colleges shall follow the excavation plan which has passed the argumentation of the fossil experts, and shall report a complete list of the excavated fossils to the local administrative department of the people's government of the county for archival purposes within 30 days as of the end of the excavation. Scientific and research institutions, universities and colleges shall not use the excavated fossils for business purposes. Article 12. The excavated fossils subject to key protection shall be transferred to the qualified preservation institutions. Where it is indeed necessary, they may be preserved by the relevant scientific and research institutions, or by the universities and colleges. Article 13. For the preservation of the fossils subject to key protection, one shall take appropriate protection measures and shall have safety protective appliances and technical conditions against fire, theft and natural disasters. Article 14. The local administrative department for geologic minerals of the people's government of the county of the excavation shall be responsible for the supervision and management of the excavation of fossils. It is empowered to interdict the excavation of fossils carried out in violation of the requirements provided in the present Measures. Article 15. Scientific and research institutions, universities and colleges shall pay attention to the protection of environment in the excavation. In accordance with the principle of "He who destroys shall re-cultivate", the destroyed land shall be recovered to the utilizable status by taking remedial measures. Article 16. For the exit of fossils by conveyance in need of scientific research, teaching and science popularization exhibition, an exit certification shall be issued by the Ministry of Land and Resources. The examination and reexamination of the temporarily entered, re-exit fossils shall be managed by the specified institutions by the Ministry of Land and Resources. Where the examination and the re-examination are identical, the Ministry of Land and Resources shall issue an exit certification to the party concerned. Article 17. Any one who commits any of the following acts as in violation of the present Measures shall be ordered to get right within a specified period by the administrative departments for geologic minerals of the people's governments at (above) the county level, and shall be fined up to 30,000 yuan according to the concrete circumstances. Those constitute a crime shall be subject to criminal responsibilities: (1) Excavating fossils without argumentation of the fossil experts; (2) Excavating fossils without following the excavation plan; (3) Failing to submit the excavation report for archival purposes; (4) Failing to submit the list of the excavated fossils or submitting a false list; (5) Using the excavated fossils for business purposes; or (6) Intentionally damaging, destroying the important protective fossils, localities and excavation spots. Article 18. Any of the functionaries of the administrative departments for geologic minerals who abuses his powers, neglects his duties, seeks private interests, seeks improper profits by violating the law in the management of fossils shall be given an administrative punishment in accordance with the law. Any one who commits any crime shall be subject to criminal responsibilities in accordance with the law. If no crime is constituted, the offender shall be given an administrative sanction in accordance with the law. Article 19. The present Measures shall be implemented as of October 1, 2002. |
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