Decree of the People’s Government of Guangdong Province

　　No. 191

　　The Provisionsof Guangdong Province on the Construction of Greenwaysadopted at the eighth Executive Meeting of the Twelfth Session of the People’s Government of Guangdong Province on August 8, 2013 are hereby promulgated, which shall become effective as of October 1, 2013.

　　                                                        Governor 

Zhu Xiaodan

　　August 29, 2013

Provisions of Guangdong Province on the Construction of Greenways

　　Article 1 

　　These Provisions are formulated for the purposes of enhancing the planning, construction and management of greenways, utilizing comprehensive functions and benefits of greenways properly, protecting the eco-environment, and improving people's living environment in accordance with such laws and regulations as the Regulations of Guangdong Province on Urban-Rural Planning and Regulations of Guangdong Province on Urban Greening.

　　Article 2

　　These Provisions shall apply to the planning, construction, management, development and use of greenways within the administrative region of this Province.

　　For the purpose of these Provisions, the term “greenways” means the linear, green and open spaces and systems for sports, leisure and slow-speed travel, which feature greening and which are built along waterways, on ridges, within forest belts, along scenic byways and artificial corridors, and are accessible to pedestrians and non-motorized vehicles.

　　Article 3 

　　The construction of greenways shall follow the principles of unified planning, phased implementation, adaptation to local reality, and affordability, and shall reflect both local natural landscape and historical and cultural heritage.

　　Article 4 

　　People’s governments at or above the county level shall include the construction of greenways into their economic and social development planning, overall urban planning, and overall land use planning, and shall safeguard the implementation of these programs.

　　Article 5 

　　Greenways are categorized as the infrastructure with the nature of public interest, and the people’s governments at or above the county level shall support greenways in terms of, inter alia, the project approval, construction and land use.

　　People’s governments at municipal and county (district) levels shall include the funding of greenway planning, construction, management, publicity and promotion in their respective budgets, so as to ensure the normal implementation of greenway-related work. Where any investment in greenways is categorized as the infrastructure investment, such investment shall be included into their governmental construction investment plan. The provincial budgetary fund shall support the construction of greenways in economically underdeveloped regions of the Province.

　　People’s governments at municipal and county (district) levels shall formulate preferential policies to encourage and support the investment of non-governmental funding in the construction of greenways.

　　Article 6 

　　The competent provincial department of housing and urban-rural development shall be responsible for the overall coordination, guidance and supervision of greenway-related work within this Province, and shall organize and oversee the implementation of these Provisions.

　　People’s governments at municipal and county (district) levels shall designate their respective greenways department and specify its operational structure and staffing for the greenway work. The greenway departments shall be responsible for organizing and implementing all greenway-related work within their respective administrative regions; and other departments concerned shall, according to their respective functions and duties, effectively carry out the greenway-related work.

　　Article 7 

　　The greenway department and other relevant departments concerned shall, strengthen the planning, construction, management, development and use of greenways through the means of information technology.  

　　Article 8 

　　Citizens, legal persons and other organizations are encouraged to participate in the construction, management, development and use of greenways, and an inclusive mechanism for such construction, management, development and use shall be established, featuring governmental guidance and participation by non-governmental sectors.

　　Chapter II Greenway Planning

　　Article 9 

　　The construction of greenways shall meet the requirements of greenway plans. The greenway planning programs shall be formulated on the basis of pertinent urban system plans and overall urban planning, which shall give proper consideration to the natural environment, cultural factors, public will and the demand of economic and social development. It shall also cater to the overall need to improve the eco-environment and people’s living conditions, and be in harmony with other relevant planning programs.

　　The greenway planning programs include the province-wide and urban overall plans for greenways  

　　Article 10

　　The competent provincial department of housing and urban-rural development shall organize to formulate the province-wide overall planning for greenways and submit such planning to the People’s Government of the Province for approval.

　　The province-wide overall planning for greenways shall specify the targets, spatial layout and construction standards for greenway construction, specify the requirements for the control areas of greenways and the respective tasks of cities at or above the prefectural level in connection with the greenway construction.

　　For the purpose of these Provisions, the term “control areas of greenways” means spaces along the outer borders of slow-speed lanes of greenways that are designated and controlled for the purposes of guaranteeing the essential ecological functions of greenways, cultivating a desirable scenic environment, and maintaining the normal operation of all facilities, mainly including green corridor systems and spaces protected and controlled for the purposes of maintaining all necessary supporting facilities.

　　Article 11 

　　The greenway departments of cities at or above the prefectural level shall be responsible for organizing the formulation of the overall planning for urban greenways within their respective administrative regions. The planning so formulated, after being approved by the respective competent people’s governments, shall be submitted to the competent provincial department of housing and urban-rural development for the record.

　　The overall planning for urban greenways shall meet the requirements of province-wide overall planning for greenways, and set out the construction targets, spatial layout and construction specifications of greenways within the administrative region concerned. The overall planning shall designate the control areas of greenways, provide specifications for such control, specify the phased greenway construction tasks and designate measures to guarantee the effective implementation of such plans.

　　Article 12

　　Theformulation of greenway planning shall be commissioned to the planning and designing institutions with proper qualifications. The formulation of province-wide overall planning for greenways shall be commissioned to the institutions with Grade A Qualification for urban planning. The formulation of the overall planning for urban greenways shall be commissioned to institutions with Grade B (or above) Qualification for urban planning.

　　Article 13 

　　Before the greenway planning is submitted to the authority for examination and approval, opinions of the relevant departments shall be solicited, and opinions of experts and the public shall be collected by means of discussions, hearings or otherwise.

　　The approved greenway planning shall be disclosed via government websites, news media outlets or public announcements displayed at specifically designated public spaces, and shall be made publicly available on government websites on a long-term basis.

　　Article 14 

　　The approved greenway planning shall not be altered or modified without proper authorization. Where it is necessary to modify or alter a greenway plan, the total length of greenway and the total area of control areas therein may not be reduced, nor may such modification or alteration adversely affect local ecological structure, consistency of greenways and the service functions of greenways therein. The modification and alteration shall be carried out in accordance with the procedures applicable to the formulation and approval of such planning.

　　The modified or altered greenway planning shall be disclosed to the public.

　　Article 15

　　Proper arrangements for greenway construction shall be included into the planning or design for the urban development and redevelopment, as well as urban and rural construction projects involving greenway construction.

　　Chapter III Greenway Construction

　　Article 16

　　People’s governments at municipal and county (district) levels shall formulate their annual implementation plans for greenway construction on the basis of applicable greenway planning and effectively organize and carry out such annual plans.

　　Article 17 

　　Greenway construction shall effectively utilize and be based on existing facilities, or adapt to projects of village renovation, agriculture-and-forestry water conservancy projects, environmental management projects, landscaping projects, so as to conserve resources and avoid damaging natural ecological environment or historical or cultural heritage. 

　　The greenway construction projects shall be organized and implemented in accordance with the rules and regulations concerning capital construction procedures.

　　Article 18 

　　The construction of greenways and supporting facilities thereof includes, inter alia, the following:

　　(1) The green corridor system formed by such green ecological basements as the green protective belts and green media strips;

　　(2) The slow-speed system consisting of pedestrian lanes, bicycle lanes or comprehensive low-speed lanes;

　　(3) Parking facilities and traffic connection systems formed by the facilities connecting greenways to other traffic systems;

　　(4) System of service facilities consisting of, inter alia, the facilities for the management, commercial service, leisure, science popularization and education, security, accessibility and sanitation;

　　(5) System of signs consisting of the information, directions and warnings.

　　(6) Public destinations that are connected with the greenways and can meet the residents’ needs for outdoor activities.

　　Article 19

　　A reasonable separate space shall be provided between greenways and public highways or urban roads in principle. Where it is necessary to use any public highway or urban road to keep greenways connected, proper signs shall be established and speed bumps shall be installed on such road or highway, and proper traffic signs and lights shall be installed by following relevant road standards, so as to limit the speed of motor vehicles traveling on such road or highway. 

　　Chapter IV Management of Greenways

　　Article 20

　　Greenways shall be subject to the territorial management, which may be based on an approach combining governmental regulation and market-orientated operation.

　　The greenway departments of cities and counties (districts) shall effectively manage the greenways and the supporting facilities thereof in a well-coordinated manner. Before a greenway is put into use, the competent department shall be designated for the management of such greenway.

　　Article 21 

　　Greenway departments and entities shall establish a management and maintenance mechanism and a safety inspection system for greenways, to manage and maintain the greenways under their respective jurisdiction in accordance with applicable technical standards, enhance the safety management of greenways, install warning signs at places with potential safety risks, and take prevention and emergency response measures so as to ensure the safe and normal use of greenways. 

　　Article 22

　　The following acts are prohibited on the greenways and in the control areas thereof:

　　(1) Access by any motor vehicle, unless such vehicle is necessary for the greenway construction or management;

　　(2) Acts of destroying the cleanliness, tidiness or the overall scenic effect of greenways, such as the littering or putting up unauthorized posters;

　　(3) Acts of affecting the normal use of greenways, such as putting up unauthorized structures or fixtures, occupying any section of the greenway for business purposes, unauthorized parking on greenways, stacking of items on greenways, or damaging any greenway or any supporting facility thereof;

　　(4) Construction of any building or structure on any greenway that is not pertinent to the development or use of the greenway;

　　(5) Acts of damaging the eco-environment or historic and cultural heritage in the control area of any greenway;

　　(6) Any other type of acts that may have an adverse impact on the environment of greenways or public safety; and

　　(7) Any other act prohibited by the laws or regulations.

　　Article 23 

　　No unit or individual may, in the absence of authorization, occupy or otherwise engage in excavation at any greenway or supporting facilities thereof. Where it is necessary to occupy or engage in any excavation, for construction purposes, at any greenway or any supporting facilities thereof on a temporary basis, the competent department in charge of such occupation or excavation shall solicit the opinions of the greenway department before they approve such occupation or excavation. The occupied section of such greenway or facilities shall be returned within a proper time limit and the original function of the occupied section shall be restored.

　　Article 24 

　　The greenway departments shall each maintain a proper archives management system. All the materials in connection with the planning, construction, and acceptance inspection of all approved greenways shall be properly archived by such system and shall be submitted to the competent urban construction archives to be put on record.

　　Article 25 

　　The greenway departments shall, in conjunction with other relevant departments,

　　promote the greenways to the public.

　　Chapter V Development and Use of Greenways

　　Article 26 

　　The development and use of greenways shall follow the principles of prioritizing the eco-environment, and providing convenience and benefits to the people, utilize the greenways to improve the environment, to provide leisure and tourism opportunities and to boost economic development, so as to promote an environment-friendly and healthy lifestyle.

　　Article 27 

　　The greenway departments shall work with other departments concerned, identify the overall targets for the development and use of greenways, and determine the functional orientation of greenways on the basis of the natural eco-environment and historic and cultural heritage of the areas surrounding the greenways and in light of the development of public space complexes consisting of urban squares and parks and non-motorized traffic systems, so as to promote the diversification of the functions of greenways and improve the utilization efficiency of greenways.

　　Article 28 

　　It is encouraged to use greenways to conduct such activities as the sports, fitness training, leisure, tourism, cultural exhibitions, science popularization and education events.

　　Article 29 

　　The slow-speed traffic system and such public facilities of greenways as the sports, fitness training, science popularization and education facilities shall be accessible to the public on a gratuitous basis. Such commercial service facilities of greenways as the catering, shopping and bicycle leasing, may be operated on a market-oriented basis.

　　Chapter VI Supervision and Inspection

　　Article 30 

　　The greenway departments shall organize the departments concerned to enhance the supervision and inspection of the planning, construction, management, development and use of greenways, and report the results of such inspections to the competent people’s governments on a regular basis.

　　Article 31 

　　All the citizens, legal persons and other organizations shall have the obligation to take care of the greenways and supporting facilities as well as the right to discourage, complain against and report the acts of damaging any greenway or supporting facilities or affecting the use of any greenway or supporting facilities thereof.

　　Article 32 

　　The greenway departments shall set up a mechanism of offering feedback to the public regarding their opinions on the planning, construction, management, development and use of greenways, and such departments may employ the supervisory personnel from the public to supervise the planning, construction, management, development and use of greenways.

　　Chapter VII Legal Liability

　　Article 33 

　　Where any people’s government at or above the county level commits any of the following acts, the superior people’s government shall order it to make corrections, and issue a public written reprimand against it; the leader(s) directly in charge and other person(s) directly responsible shall be imposed sanctions in accordance with law:

　　(1) Failing to review and release the greenway planning as required by the applicable rules and regulations; or

　　(2) Failing to formulate annual implementation plans for greenway construction on the basis of the greenway planning as well as to organize and carry out such annual plans.

　　Article 34 

　　Where any greenway department or other departments concerned commit any of the following acts, either the people’s government at the corresponding level or the superior greenway department shall order it to make corrections, and issue a public written reprimand against it; the leader(s) directly in charge and other person(s) directly responsible shall be imposed sanctions in accordance with law:

　　(1) Failing to organize the formulation and modification of greenway planning as required by applicable rules and regulations;

　　(2) Failing to organize the construction of any greenway according to the approved planning for such greenway;

　　(3) Failing to establish a management and maintenance mechanism and a safety inspection system for greenways, or to carry out the management, maintenance or safety inspections according to the applicable rules and regulations; or

　　(4) Failing to archive materials in connection with the planning, construction, and acceptance inspection of duly approved greenways. 

　　Article 35 

　　The competent department shall impose sanctions to the acts of violating Articles 22 and 23 of these Provisions.

　　Chapter VIII Supplementary Provisions

　　Article 36 

　　These Provisions shall become effective as of October 1, 2013.