(Adopted at the 2nd Meeting of the Standing Committee of the Fourteenth National People's Congress on April 26, 2023)

Contents

Chapter I: General Provisions

Chapter II: Ecological Security Agenda

Chapter III: Ecological Conservation and Restoration

Chapter IV: Ecological Risk Prevention and Control

Chapter V: Supportive Measures and Supervision

Chapter VI: Legal Liability

Chapter VII: Supplementary Provisions

Chapter I  General Provisions

Article 1 This Law is formulated to enhance the ecological conservation of the Qinghai-Tibet Plateau, prevent and control ecological risks it faces, ensure its ecological security, turn it into a commanding height of ecological civilization, foster its sustainable economic and social growth, and advocate for harmony between humanity and nature.

Article 2 This Law governs activities of the ecological conservation of the Qinghai-Tibet Plateau and other relevant activities. In instances where this Law lacks explicit provisions, relevant stipulations from other laws shall apply.

The region of "Qinghai-Tibet Plateau" in this Law encompasses the entire administrative areas of the Xizang Autonomous Region and Qinghai province, as well as administrative areas of pertinent counties of the Xinjiang Uygur Autonomous Region and Sichuan, Gansu, and Yunnan provinces.

Article 3 The ecological conservation of the Qinghai-Tibet Plateau shall be carried out based on principles of respecting nature and following laws of nature and protecting nature. The ecological conservation work shall prioritize environmental protection, be conducted by letting nature restore itself and the red line of ecological security may not be crossed. The principles of comprehensive planning and coordination, differentiated measures, science-based risk prevention and control, and systematic governance shall also be adhered to.

Article 4 The state shall establish an ecological conservation coordination mechanism for the Qinghai-Tibet Plateau, to guide and coordinate efforts of conservation in this area, deliberate on major policies, plans, and projects concerning the ecological conservation of the Qinghai-Tibet Plateau, coordinate significant inter-regional and inter-departmental issues, and to supervise and inspect the execution of relevant crucial work.

The relevant departments under the State Council shall, according to their respective duties, be responsible for the work related to the ecological conservation of the Qinghai-Tibet Plateau.

Article 5 People’s governments at all levels of the Qinghai-Tibet Plateau shall be responsible for the ecological conservation and restoration, ecological risk prevention and control, and industrial structure and layout optimization in their respective administrative areas, and be responsible for ensuring the ecological security of the Qinghai-Tibet Plateau.

The relevant local authorities of the Qinghai-Tibet Plateau shall, based on their needs, strengthen coordination with each other for the formulation of local regulations, local government rules, local plans, and the supervision and law enforcement, so as to collectively advance the ecological conservation of the Qinghai-Tibet Plateau.

Article 6 The State Council and local people's governments at or above the county level of the Qinghai-Tibet Plateau shall integrate the Qinghai-Tibet Plateau's ecological conservation work into their national economic and social development plans.

Relevant departments under the State Council shall, according to their respective duties, organize the formulation of special plans related to ecological conservation and restoration of the Qinghai-Tibet Plateau, organize the execution of significant projects related to ecological restoration, and coordinate and promote the ecological conservation and restoration of the Qinghai-Tibet Plateau. Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall, in accordance with the relevant regulations stipulated by the state, organize the execution of the special plans related to ecological conservation and restoration of the Qinghai-Tibet Plateau within their respective administrative areas. The formulation of the special plans related to ecological conservation and restoration of the Qinghai-Tibet Plateau shall be grounded in scientific feasibility studies and assessment.

Article 7 The state shall strengthen surveys on natural resources and ecological and environmental conditions such as land, forests, grasslands, rivers, lakes, wetlands, glaciers, deserts, and wildlife on the Qinghai-Tibet Plateau, evaluate resource carrying capacity and environmental capacity, conduct evaluations of the suitability of spatial development, improve the monitoring networks for the ecology and environment, natural resources, biodiversity, hydrology, meteorology, geology, soil and water conservation, natural disasters, and promote comprehensive, coordinated, and standardized monitoring. Investigation, evaluation, and monitoring information shall be shared in accordance with relevant regulations stipulated by the state.

Article 8 The state encourages and supports scientific expeditions and research on the Qinghai-Tibet Plateau, improves research on significant scientific and technological issues and strengthens the construction of major science and technology infrastructure projects in the fields of climate change, biodiversity, ecological conservation and restoration, hydrology and water resources, snow-capped mountains, glaciers and frozen ground, soil and water conservation, desertification control, river and lake evolution, geological environment, monitoring, early warning and prevention of natural disasters, and the development, utilization, and protection of energy resources and climate resources, carbon sink in the ecosystem, etc., and promotes long-term research in order to improve understanding of the ecological environment of the Qinghai-Tibet Plateau and its changes.

The state makes an overall layout of scientific and technological innovation platforms for ecological conservation of the Qinghai-Tibet Plateau, intensifies efforts to train professionals in science and technology, makes full use of the achievements of scientific expeditions and research on the Qinghai-Tibet Plateau, promotes the popularization and application of advanced and applicable technologies, promotes the commercialization of scientific and technological achievements, and gives play to the supporting role of science and technology in the ecological conservation of the Qinghai-Tibet Plateau.

Article 9 The relevant departments under the State Council and the local people's governments at all levels shall take effective measures to safeguard the ecological and cultural heritage of the Qinghai-Tibet Plateau and foster the fine ecological culture of the Qinghai-Tibet Plateau.

The relevant departments under the State Council and the local people's governments at all levels shall amplify the publicity, education, and popularization of ecological conservation of the Qinghai-Tibet Plateau, disseminate the philosophy of ecological conservation, champion green and low-carbon lifestyles, improve the ecological literacy of all citizens, and encourage and support entities and individuals to participate in activities related to ecological conservation of the Qinghai-Tibet Plateau.

The news media shall publicize and report ecological conservation of the Qinghai-Tibet Plateau in various forms, and conduct public oversight on illegal acts in accordance with law.

Article 10 Entities and individuals who have made significant contributions to ecological conservation of the Qinghai-Tibet Plateau shall be commended and awarded in accordance with the relevant regulations stipulated by the state.

Chapter II Ecological Security Agenda

Article 11 The state makes an overall plan on the ecological security agenda of the Qinghai-Tibet Plateau, promotes the management of mountains, rivers, forests, farmland, lakes, grasslands, sands, and glaciers by taking comprehensive and systematic measures to address root causes of their ecological problems, implements major projects for the conservation and restoration of important ecosystems, and optimizes the ecological security barrier system on the Qinghai-Tibet Plateau, which focuses on ecological functions like water conservation, biodiversity protection, soil and water conservation, wind and sand fixation, and carbon sink in the ecosystem. The state shall enhance the quality, diversity, stability, and sustainability of ecosystems, improve the capacity to supply ecological products and provide ecosystem services, and develop a strategic barrier for national ecological security.

Article 12 When local people's governments at or above the county level of the Qinghai-Tibet Plateau organize the formulation of spatial planning for their respective administrative areas, they shall implement the relevant requirements of the state for the development and protection of territorial space on the Qinghai-Tibet Plateau, refine the layout of functional spaces like agriculture, ecology, and urban areas, and coordinate the demarcation of cultivated land and permanent basic farmland, ecological conservation redlines, and urban development boundaries. Special planning related to the use of territorial space on the Qinghai-Tibet Plateau shall be coordinated with the spatial planning.

Article 13 Land development and utilization activities on the Qinghai-Tibet Plateau shall be carried out under the spatial use control. The conversion of the spatial use within the ecological space on the Qinghai-Tibet Plateau shall be aimed at enhancing the ecological functions of forests, grasslands, rivers, lakes, wetlands, glaciers, deserts, and other ecosystems.

The provincial-level people's governments of the Qinghai-Tibet Plateau shall intensify the supervision and management of human activities within the ecological conservation redlines and conduct regular assessments of ecological conservation effectiveness.

Article 14 The provincial people's governments of the Qinghai-Tibet Plateau shall, based on the ecology, environment and resource utilization in their respective administrative areas, prepare zoning-based ecological and environmental control plans and ecological and environmental access lists in accordance with the requirements for ecological protection redlines, the threshold for environmental quality and the ceiling on resource utilization, and implement them after reporting them to the department of ecology and environment under the State Council for the record. Such control plans and access lists shall be coordinated with the spatial plans.

Article 15 The state shall  strengthen the protection of diverse ecosystems on the Qinghai-Tibet Plateau, such as forests, alpine meadows, grasslands, rivers, lakes, wetlands, snow-capped mountains, glaciers, plateau frozen ground, deserts, and spring areas. The state shall reinforce and improve the ecological roles of the following key national ecological function areas, such as water source preservation, biodiversity conservation, soil and water conservation, windbreak, and sand fixation of the grassland and meadow wetland ecological function area of the Three Rivers Source (encompassing the Yangtze, Yellow, and Lancang rivers); the grassland wetland ecological function area of Ruoergai; the important water supply ecological function area for the Yellow River in Gannan; the glacier and water source conservation ecological functional area of the Qilian Mountains; the ecological function area for desertification control in the Altun grassland; the forest and biodiversity ecological function area of Sichuan and Yunnan, the forest ecological function area on the edge of the southeastern Qinghai–Tibet Plateau, the desert ecological function area of the Changtang Plateau in the northwestern Qinghai–Tibet Plateau, and the biodiversity protection and water source conservation ecological function area of Mount Qomolangma.

Article 16 The state supports the establishment of a system of protected natural areas on the Qinghai-Tibet Plateau.

The State Council and the provincial people's governments of the Qinghai-Tibet Plateau shall establish national parks, nature reserves, nature parks, and other protected natural areas in accordance with law in the areas with complete distribution of key typical ecosystems, ecologically and environmentally sensitive areas, areas with the natural concentration of precious, endangered or endemic wild animals and plants, important habitats of precious, endangered, or endemic wild animals and plants,  important areas of natural relics, important areas of natural landscape, etc., and  shall foster the development of protected natural areas such as the Three-River Source, Qilian Mountains, Changtang, Mount Qomolangma, Gaoligong Mountains, and  Mount Gongga, in order to preserve the authenticity and integrity of these important natural ecosystems.

Article 17 The industrial structure and layout of the Qinghai-Tibet Plateau shall align with the local ecological systems as well as resource and environment carrying capacity. The relevant departments under the State Council and local people's governments at or above the county level of the Qinghai-Tibet Plateau shall, in accordance with the requirements specified in the spacial plan, adjust the industrial structure, optimize the layout of productive forces, prioritize the development of resource-conserving and environmentally friendly industries, appropriately develop ecological industries with local characteristics such as eco-tourism, distinctive cultural industry, distinctive agriculture and animal husbandry, and handicrafts with ethnic characteristics, in order to establish a sound, green, low-carbon, and circular economic system.

New and expanded industrial projects on the Qinghai-Tibet Plateau shall be developed in line with the local main functional positioning and requirements of national industrial policies. Regulations on natural resource development and industrial access and exit shall be strictly implemented.

Chapter III Ecological Conservation and Restoration

Article 18 The state intensifies the ecological conservation and restoration of the Qinghai-Tibet Plateau, concentrating on the integrated conservation and restoration of mountains, rivers, forests, farmlands, lakes, grasslands, sands, and glaciers, and implements systematic control and management which primarily focuses on passive restoration and combines passive restoration with active restoration.

Article 19 The relevant departments under the State Council and the relevant local people's governments shall improve the ecological conservation and restoration work in the Three Rivers Source area. They shall systematically protect and manage legally established national parks by area and classification, scientifically adopt measures such as grazing exclusion, increase efforts in the control and management of degraded grasslands, degraded wetlands and desertified lands, intensify efforts to prevent and control soil erosion, rehabilitate severely degraded lands by taking comprehensive measures, and strictly prohibit any resource development and utilization activity that damages ecological functions or fails to meet the requirements of differentiated management and control.

Article 20 The relevant departments under the State Council and the local people's governments at or above the county level of the Qinghai-Tibet Plateau shall establish a sound protection system for snow-capped mountains, glaciers, and frozen ground, and reinforce the monitoring, early warning, and systematic protection of snow-capped mountains, glaciers, and frozen ground.

The provincial people's governments of the Qinghai-Tibet Plateau shall incorporate large ice cap glaciers, small-scale glacier groups, among others, into the ecological conservation red line, restrict the access to important snow-capped mountains and glaciers for protection, and take effective measures to stringently control human disturbance.

The provincial  people's governments of the Qinghai-Tibet Plateau shall delimit the protection scope of frozen ground areas, strengthen the preservation of areas of permafrost and medium-depth and deep seasonally frozen ground, strictly control the development of resources in permafrost areas, and strictly examine and approve major projects such as urban planning and transportation, pipelines, and power transmission and transformation in the frozen ground areas.

The provincial people's governments of the Qinghai-Tibet Plateau shall carry out coordinated protection of snow-capped mountains, glaciers, frozen ground, and surrounding ecosystems, in order to maintain a natural ecological environment that is conducive to the protection of snow-capped mountains, glaciers, and frozen ground.

Article 21 The relevant departments under the State Council and the local people's governments at all levels of the Qinghai-Tibet Plateau shall establish a sound system for the management and protection of rivers and lakes on the plateau, improve the system of river and lake chiefs, and strengthen the protection of key rivers such as the Yangtze River, Yellow River, Lancang River, Yarlung Zangbo River, Nujiang River, and key lakes such as Qinghai Lake, Zhaling Lake, Eling Lake, Selin Cuo Lake, Namu Cuo Lake, Yangzhuoyong Cuo Lake, and Mapangyong Cuo Lake.

The management scope of rivers and lakes on the Qinghai-Tibet Plateau shall be scientifically determined and announced by the relevant local people's governments at or above the county level in accordance with law. It is prohibited to illegally use or occupy the water areas and shorelines of rivers and lakes on the Qinghai-Tibet Plateau.

Article 22 The development and utilization of water resources on the Qinghai-Tibet Plateau shall comply with comprehensive river basin planning, adhere to scientific development and rational utilization, coordinate various water demands, balance the interests of upstream and downstream areas, main and tributary rivers, left and right banks, and fully leverage the comprehensive benefits of water resources, so as to ensure water security and ecological security.

Article 23 The state shall strictly protect the natural grasslands in key ecological areas including the headwaters of major rivers on the Qinghai-Tibet Plateau. Grasslands that play the most fundamental and important role in maintaining national ecological security and ensuring the healthy development of grassland animal husbandry are designated as basic grasslands in accordance with law. Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall strengthen the protection of grasslands and implement more stringent protection and management measures for basic grasslands to ensure that their sizes do not decrease, their qualities do not deteriorate, and their use purposes remain unchanged.

The state shall strengthen the ecological conservation and restoration of alpine meadows and grasslands on the Qinghai-Tibet Plateau. Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall refine the construction of pasture fencing, take effective measures to conserve the native plants of grasslands, scientifically advance the ecological restoration of degraded grasslands, and implement comprehensive management of degraded grasslands such as black soil beaches.

Article 24 Local people's governments at or above the county level of the Qinghai-Tibet Plateau and their relevant departments shall coordinate the ecological conservation of grasslands and the development of animal husbandry. They shall, based on local actual circumstances, regularly assess and determine the livestock carrying capacity for the grasslands, uphold the balance between forage and livestock, scientifically designate grazing ban areas, and prevent overcapacity and overgrazing. Grazing prohibition or rest grazing systems shall be implemented in severely degraded, desertified, saline-alkaline, and stony desertified grasslands, as well as grasslands in ecologically fragile areas.

Contractors for grassland management shall utilize grasslands in a reasonable manner, without surpassing the determined livestock carrying capacity for the grasslands. In order to maintain a balance between forage and livestock, the contractors shall take measures including but not limited to cultivating and reserving forage grass and fodder, increasing the supply of forage grass and fodder, adjusting livestock distribution, and optimizing livestock structure.

Article 25 The state shall comprehensively reinforce the protection of natural forests on the Qinghai-Tibet Plateau, strictly limit the logging of natural forests, enhance the protection of native zonal vegetation, optimize the structure of forest ecosystems, and increase the coverage of forest shelterbelts in important river basins. The State Council and the provincial-level people's governments of the Qinghai-Tibet Plateau shall delimit public welfare forests in significant ecological areas and ecologically fragile areas on the Qinghai-Tibet Plateau in accordance with law, and exercise stringent management.

Local people's governments at or above the county level of the Qinghai-Tibet Plateau and their relevant departments shall scientifically promote land greening that is suited to local conditions, properly arrange the growth of trees, shrubs, and herbaceous plants, prioritize the use of local tree and herb species, enhance the quality of greening projects, and strengthen pest control and the prevention of forest and grassland fire.

Article 26 The state shall strengthen the conservation and restoration of wetlands on the Qinghai-Tibet Plateau, in order to enhance the ecological functions of wetlands, including water conservation, climate regulation, biodiversity protection, and to improve the carbon sequestration capacity of wetlands.

Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall intensify coordination of wetland protection, adopt effective measures to meet the requirements of maintaining the overall size of wetlands, optimize the spatial planning for wetland conservation, reinforce overall protection of river sources, upper and middle reaches of rivers, and peat bogs, and conduct comprehensive remediation and restoration of wetlands whose ecological functions are severely degraded.

Exploitation of peat in peat bogs such as Xingxiuhai Lake, Zhaling Lake, and Eling Lake and Ruoergai is strictly prohibited. Reclamation and drainage of natural wetlands and other acts that damage wetlands and their ecological functions shall be prohibited.

Article 27 Local people's governments at all levels of the Qinghai-Tibet Plateau and their relevant departments shall implement the most stringent system for cultivated land protection, take effective measures to improve the basic soil fertility of cultivated land, enhance the ecological functions of cultivated land, and protect and improve the ecological environment of cultivated land. They shall encourage and support agricultural producers and operators to adopt measures including combining maintenance and utilization, improving saline-alkali land, promoting ecological cycles, and comprehensively utilizing waste materials, so as to scientifically utilize cultivated land, promote the application of green and efficient agricultural production technologies, strictly control the use of chemical fertilizers and pesticides, and scientifically dispose of agricultural films and crop straws and other agricultural wastes.

Article 28 The competent department of forestry and grassland and the competent department of agriculture and rural affairs under the State Council shall, in conjunction with the relevant departments under the State Council and the provincial-level people's governments of the Qinghai-Tibet Plateau, conduct investigations on wild animal and plant species according to the division of their responsibilities. They shall provide opinions on the implementation of protective measures based on the conducted investigation, improve relevant listing systems, and strengthen protection of important habitats and migration routes for wild animals and native habitats for wild plants. They shall prioritize the protection of precious, endangered, or unique species of wild animals and plants on the Qinghai-Tibet Plateau, such as wild yaks, Tibetan antelopes, Przewalski's gazelles, snow leopards, giant pandas, Gaoligong hoolock gibbons, black-necked cranes, Hucho bleekeri Kimura, Chuanchia labiosal, Glyptosternum maculatum, Aspiorhynchus laticeps, Oxygymnocypris stewartii, Rhodiola crenulata, Cypripedium tibeticum, and Saussurea gossypiphora.

The state supports the establishment of wild animal rescue, breeding, and rewilding bases, botanical gardens, and plateau biological germplasm resource banks, and enhances the rescue and translocation protection of precious, endangered or unique wild animal and plant species on the Qinghai-Tibet Plateau.

Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall organize relevant entities and individuals to actively carry out comprehensive prevention and control of wildlife damage. Compensation shall be provided in accordance with law for injury or death to persons and for losses of livestock, crops, or other property caused by wild animals.

Article 29 The state shall strengthen the biodiversity protection on the Qinghai-Tibet Plateau by carrying out major projects for biodiversity protection and preventing damage to biodiversity.

Relevant departments under the State Council and local people's governments at all levels of the Qinghai-Tibet Plateau shall adopt effective measures to establish and improve ecological corridors, and enhance the integrity and connectivity of ecosystems.

Article 30 Local people's governments at or above the county level of the Qinghai-Tibet Plateau and their competent departments of forestry and grassland shall adopt measures such as closing desertified land for protection as well as vegetation protection and restoration, in order to strengthen the ecological protection of deserts and the comprehensive management and remediation of desertified land.

Article 31 The provincial-level people's governments of the Qinghai-Tibet Plateau shall take measures such as the closing for restoration, rotational grazing, and relocation and resettlement of residents, carry out key remediation projects for plateau and mountainous areas, farmlands vulnerable to wind and sands, riverbank areas, and ecological conservation belts, and improve soil and water conservation functions.

Article 32 The competent department of water resources under the State Council and the provincial-level people's governments of the Qinghai-Tibet Plateau shall take effective measures to reinforce the prevention and control of soil and water erosion in sources of important rivers, such as the Three Rivers Source, the Heihe River Basin of Qilian Mountains, upper reaches of the Jinsha River and Minjiang River, the Yarlung Zangbo River, and the junction areas of the Jinsha River, the Lancang River, and the Nujiang River, in the key areas for the prevention and control of water and soil erosion, and in valleys on the plateau with a relatively high population density.

It is prohibited to undertake production and construction activities that may cause soil and water erosion in the areas on the Qinghai-Tibet Plateau with severe soil and water erosion and ecosystem fragility. If it is indeed necessary to carry out such activities due to national development strategies and the needs of the people's livelihoods, the activities shall be scientifically demonstrated and undergo approval procedures according to law, with strict control over the scope of disturbance.

Article 33 The creation of exploration rights and mining rights on the Qinghai-Tibet Plateau shall adhere to the stipulations of the spatial plans and mineral resource plans. Sand mining and ore mining activities that fail to meet the requirements of ecological conservation and control in nature reserves at river sources such as the Yangtze River, the Yellow River, the Lancang River, the Yarlung Zangbo River, and the Nujiang River shall be prohibited in accordance with law.

While conducting mineral resource exploration and mining activities on the Qinghai-Tibet Plateau, holders of exploration and mining rights shall employ advanced and applicable technologies, equipment, and products, opt for environmentally friendly and safe exploration and mining techniques and methods, and avoid or minimize damages to mineral resources and the ecological environment. The use of technologies, equipment, and products explicitly specified as  obsolete by the state shall be prohibited. When conducting mineral resource exploration and mining activities in ecologically sensitive areas, relevant management and control requirements shall be met, and protective measures such as avoidance, mitigation, and timely restoration and reconstruction shall be adopted, so as to prevent environmental pollution and ecological damage.

Article 34 Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall adjust measures according to local conditions to eliminate hidden geologic hazards, reclaim land, restore vegetation, and prevent and control pollution in order to speed up the solution to the longstanding problem of ecological restoration of mines, strengthen the supervision and management of construction and operation of the mines, and urge mining rights holders to fulfill their responsibilities for mining pollution prevention and control and ecological restoration in accordance with law.

Plans for mining mineral resources and plans for ecological restoration of mining areas shall be scientifically developed for mining mineral resources on the Qinghai-Tibet Plateau. A new mine shall be  planned, designed, constructed, operated, and managed in strict accordance with the green mine construction standards. Active mines shall implement green upgrading and transformation, strengthen the operation and management of tailings ponds, and prevent and resolve environmental and safety risks.

Chapter IV Ecological Risk Prevention and Control

Article 35 The state shall establish and improve the ecological risk prevention and control system for the Qinghai-Tibet Plateau, take effective measures to enhance the capacity and level of natural risk prevention and control, such as natural disaster prevention and control and climate change response, in order to ensure the ecological security of the Qinghai-Tibet Plateau.

Article 36 The state shall strengthen the investigation, evaluation, monitoring, and early warning of natural disasters on the Qinghai-Tibet Plateau.

The relevant departments under the State Council, local people's governments at or above the county level of the Qinghai-Tibet Plateau and their relevant departments shall enhance the investigation, evaluation, monitoring, and early warning of natural disasters, such as earthquakes, snow avalanches, ice avalanches, mountain floods, mountain collapses, landslides, mudslides, glacial lake outburst floods, frozen ground melting, forest and grassland fires, heavy rain(snow), and drought.

For construction projects in areas prone to geological disasters, assessments of the risks associated with geological hazards shall be conducted in accordance with relevant regulations, and engineering control, relocation, avoidance, or any other measure shall be taken in a timely manner.

Article 37 Departments under the State Council and local people's governments at or above the county level of the Qinghai-Tibet Plateau shall strengthen the comprehensive management of natural disasters. They shall elevate the standards for projects defending against natural disasters such as earthquakes, mountain floods, glacial lake outbursts, and geological hazards and adopt systematic structural and non-structural measures for natural disaster prevention and control that align with the ecological conservation of the Qinghai-Tibet Plateau.

Infrastructure development and operation entities, including transportation, water conservancy, electricity, municipal services, and border ports, shall assume the obligation to prevent and control natural disasters in accordance with law. They shall take comprehensive management measures and strengthen the prevention and control of natural disasters during both project construction and operation phases, in order to guarantee the life and property safety of the public.

Article 38 Where the construction of a major project may affect the ecological and geological environment, the project developer shall, on the basis of conditions of the areas with sensitive and vulnerable ecological and geological environments along the project, develop monitoring plans for ecological and geological environments along the project, and conduct comprehensive life-cycle monitoring of ecological and geological environmental impacts, including the background monitoring before the construction of the project, the monitoring of ecological and geological environmental impacts during the construction period, and the tracking and monitoring of changes, protection, and restoration of the ecology and geological environments during the project operation period.

The construction of a major project shall avoid important habitats and migratory passages of wild animals, and areas with the natural concentration of wild plants under the national priority protection. If avoidance is not possible, measures such as creating wild animal passages and ex situ protection shall be adopted to avoid or reduce the impact on natural ecosystems, wild animals and plants.

Article 39 Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall enhance the protection and management of germplasm resources on the Qinghai-Tibet Plateau, organize investigations and collection of germplasm resources and improve relevant resource protection facilities and databases.

The collection of natural germplasm resources under the national priority protection on the Qinghai-Tibet Plateau is prohibited. For any collection necessary for scientific research, pest control, natural disaster prevention and control, etc., an approval shall be obtained in accordance with the law.

Article 40 The relevant departments under the State Council and the provincial-level people's governments of the Qinghai-Tibet Plateau shall, according to their respective duties, make coordinated efforts to advance the regional prevention and control of invasive alien species, implement approval-based management for the introduction of alien species, reinforce the prevention and control of invasive species at ports, and strengthen the investigation, monitoring, early warning, control, assessment, eradication, and ecological restoration and other work related to invasive alien species.

No entity or individual may introduce, release, or discard alien species without approval.

Article 41 The state shall enhance the monitoring of climate change and its comprehensive impacts, establish a prediction system for the effect of climate change on the ecological system, climate system, water resources, precious, endangered or endemic wild animals and plants, snow-capped mountains, glaciers, frozen ground, and natural disasters on the Qinghai-Tibet Plateau, improve the ecological risk reporting and early warning mechanism, and strengthen the assessment of the impact of climate change on the Qinghai-Tibet Plateau and the assessment of the evolution of ecosystems on the plateau. 

The provincial-level people's governments of the Qinghai-Tibet Plateau shall conduct monitoring and risk assessments of the impact of the melting and degradation of snow-capped mountains, glaciers and frozen ground on regional ecosystems.

Chapter V Supportive Measures and Supervision

Article 42 The state shall increase financial input in ecological conservation and restoration of the Qinghai-Tibet Plateau. Special funds shall be allocated from the central budget for ecological conservation and restoration as well as ecological risk prevention and control of the Qinghai-Tibet Plateau. The investment from the central budget shall give priority to the construction of infrastructure and basic public service facilities on the Qinghai-Tibet Plateau.

Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall increase financial input in and give priority to the construction of ecological conservation and restoration projects on the Qinghai-Tibet Plateau.

Article 43 The state shall increase fiscal transfer payments to provide compensation for the important ecological functional zones on the Qinghai-Tibet Plateau by increasing the transfer payment coefficients with the ecological and environmental protection expenditures taken into account, and other means. The provincial-level people's governments of the Qinghai-Tibet Plateau shall include the important ecological functional zones in the scope of provincial transfer payments to the governments at lower levels for compensation for ecological protection, and to promote the combination of ecological protection and improvement of local livelihood.

The state shall explore and distribute the rights and responsibilities pertinent to ecological products of the Qinghai-Tibet Plateau through the unified rights recognition and registration of natural resources, improve mechanisms for the development and management of ecological products, encourage the creation of regional public brands for distinctive ecological products of the Qinghai-Tibet Plateau, and form diversified paths for realizing the value of ecological products.

Article 44 The state supports the ecological conservation of the Qinghai-Tibet Plateau by implementing fiscal and taxation policies favorable to water conservation, energy conservation, soil and water conservation, environmental protection, and comprehensive utilization of resources, and by encouraging the development of financial products such as green credit, green bonds, and green insurance, etc.

The state encourages and supports public welfare organizations and non-government capital to participate in ecological conservation and restoration efforts for the Qinghai-Tibet Plateau and carry out relevant activities such as ecological product development, industry development, technological innovation and technical services.

Article 45 The state supports the establishment of an energy system with clean energy as its main source of energy, such as wind power, photovoltaic power, hydropower, hydro-wind-solar complementary power generation, solar thermal energy, and geothermal energy, etc., on the Qinghai-Tibet Plateau based on its local conditions. The state shall enhance the construction of clean energy transmission channels and advance the transformation towards green, low-carbon energy.

Except for securing electricity consumption for residents and fulfilling border defense needs, the construction of small hydropower projects on the Qinghai-Tibet Plateau shall be prohibited.

Article 46 The development of eco-tourism on the Qinghai-Tibet Plateau shall comply with the requirements for resource and ecological protection, respect and preserve local traditional culture and customs, and protect and make rational use of tourism resources.

Local people's governments at all levels and their relevant departments shall, in accordance with relevant regulations prescribed by the state, scientifically develop eco-tourism products of the Qinghai-Tibet Plateau, design tourism routes, and reasonably control the number of tourists and the scale of related infrastructure construction.

Any organizer of or participant in tourism, mountain outdoor sports, or other activities on the Qinghai-Tibet Plateau shall comply with safety rules and norms of conduct, meet the management and regulatory requirements for regional eco-tourism, mountain outdoor sports, or other activities, and is prohibited from destroying natural landscapes, destroying grassland vegetation, hunting or collecting wild animals and plants.

Organizers of and participants in tourism, mountain outdoor sports, or other activities on the Qinghai-Tibet Plateau shall either carry away the waste they generated or dispose of it at a designated place. They may not litter or dump domestic waste.

Article 47 Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall coordinate the advancement of major infrastructure projects in areas such as transportation, water conservancy, and energy, along with environmental infrastructure projects such as sewage and garbage collection and treatment. All these shall be based on the carrying capacity of regional resources and the environment. Efforts shall also be made to enhance ecological conservation and restoration within and around urban areas. Comprehensive planning for integrated community service facilities in urban and rural areas shall be pursued, with the aim of achieving equitable access to basic public services.

Local people's governments at all levels of the Qinghai-Tibet Plateau shall take effective measures to enhance the treatment of rural domestic sewage and garbage, promote the transformation of rural sanitary toilets, encourage rural greening, and constantly improve the rural living environment, shaping the rural landscape, and constructing beautiful villages with an eco-friendly living environment.

Article 48 Relevant departments under the State Council and departments of local people's governments at or above the county level of the Qinghai-Tibet Plateau shall, according to their respective duties, supervise and inspect all activities related to ecological conservation on the Qinghai-Tibet Plateau, investigate and punish illegal activities, disclose information related to ecological conservation of the Qinghai-Tibet Plateau in accordance with law, and improve public participation procedures.

Entities and individuals shall, in accordance with the law, have the right to report and make an accusation against illegal activities that pollute the environment and damage the ecology of the Qinghai-Tibet Plateau.

Article 49 Relevant departments under the State Council, the local people's governments at or above the county level of the Qinghai-Tibet Plateau and their relevant departments, shall improve their capacities for supervising and administering the ecological conservation of the Qinghai-Tibet Plateau, enhance the level of science and technology and information technology for such conservation, establish a coordination mechanism for law enforcement, and carry out joint law enforcement in accordance with law in cases involving major violations of law, cases involving more than one administrative area or cases involving ecologically sensitive areas.

Article 50 The state implements a performance evaluation and assessment system for ecological conservation of the Qinghai-Tibet Plateau, and incorporates the improvement of environmental quality, achievements of ecological conservation, and the capacity to supply ecological products and other indicators into the assessment system.

Article 51 The state strengthens judicial safeguards for ecological conservation of the Qinghai-Tibet Plateau and encourages relevant entities to provide legal services for ecological conservation of the Qinghai-Tibet Plateau.

Where the administrative law enforcement bodies, the people's courts, and the people's procuratorates at all levels of the Qinghai-Tibet Plateau discover suspected criminal acts in the course of investigating and dealing with illegal acts against the ecological conservation of the Qinghai-Tibet Plateau or handling cases for compensation litigation and public interest litigation concerning natural resources and the ecological environment, they shall transfer the clues to the bodies with powers and functions of detection and investigation.

Article 52 Local people's governments at or above the county level of the Qinghai-Tibet Plateau shall regularly report to the local people's congresses or their standing committees at corresponding levels on their work on ecological conservation of the Qinghai-Tibet Plateau.

Chapter VI Legal Liability

Article 53 Where relevant departments under the State Council, local people's governments at all levels and their relevant departments, in violation of the provisions of this Law, commit acts of dereliction of duty, abuse of power or malpractice for personal gain, the directly responsible persons in charge and other directly responsible persons shall be given sanctions such as warnings, demerits, serious demerits or demotions in accordance with the law. Where serious consequences have been caused, the offenders shall be given the punishment of removal from office or dismissal, and the principal leaders shall take the responsibility and resign.

Article 54 Whoever, in violation of the provisions of this law, commits any of the following acts on the Qinghai-Tibet Plateau shall be subjected to a heavier punishment in accordance with the provisions of relevant laws and regulations:

(1) engaging in resource development and utilization activities in national parks, thus causing ecological damage;

(2) exploiting peat, or reclaiming or draining wetlands in peat bogs such as Xingxiuhai Lake, Zhaling Lake, and Eling Lake and Ruoergai;

(3) undertaking production and construction activities that may cause soil and water erosion in the areas with severe soil and water erosion and ecosystem fragility;

(4) collecting natural germplasm resources under the national priority protection;

(5) introducing, releasing, or discarding alien species without approval;

(6) destroying natural landscapes or grassland vegetation; or

(7) hunting wildlife or collecting wild plants under the national or local priority protection.

Article 55 Where, in violation of the provisions of this law, the water areas and shorelines of rivers and lakes on the Qinghai-Tibet Plateau are used or occupied, the department in charge of water resources under a people’s government at or above the county level shall order the illegal act to be stopped, and  the illegal building or structure to be removed and the original state to be restored within a specified time, and impose a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan. If the violator fails to dismantle the illegal building or structure, or make the original state restored within the specified time, compulsory dismantlement shall be conducted or the department shall restore the original state on behalf of the violator, and all expenses incurred thereby shall be borne by the violator.

Article 56 Whoever, in violation of the provisions of this Law, is engaged in ore mining activities that fail to meet the requirements of ecological conservation and control in nature reserves at river sources such as the Yangtze River, the Yellow River, the Lancang River, the Yarlung Zangbo River, and the Nujiang River shall be ordered to make a rectification by the department in charge of natural resources or the department in charge of ecology and environment in accordance with the division of responsibilities, and the illegal gains and equipment or tools directly used for illegal mining shall be confiscated; if the illegal gains exceed RMB 100,000 yuan, a fine of not more than 10 times but less than 20 times the illegal gains shall be imposed; if the illegal gains are less than RMB100,000 yuan, the violator shall be subjected to a fine of not less than RMB 100,000 yuan but not more than RMB 1,000,000 yuan.

Article 57 Where a project developer, in violation of the provisions of this Law, constructs a new small hydropower project, the local people's government at or above the county level shall order the cessation of construction, and, based on the circumstances and the harmful consequences of the violation, order the original state to be restored and impose a fine of not less than 1% but not more than 5% of the total investment of the construction project.

Article 58 Where, in violation of the provisions of this Law, household waste is dumped or thrown at will in tourism or mountain outdoor sports, the department in charge of environmental sanitation or the department designated by the local people's government at or above the county level shall order the violator to make a rectification. For an individual, a fine of not less than RMB 100 yuan but not more than RMB 500 yuan shall be imposed; where circumstances are serious, a fine of not less than 500 yuan but not more than 10,000 yuan shall be imposed. For an entity, a fine of not less than RMB 50,000 yuan but not more than RMB 500,000 yuan shall be imposed.

Article 59  Whoever causes damage to others by polluting the environment of the Qinghai-Tibet Plateau or causing damage to the ecology of the Qinghai-Tibet Plateau shall bear tortious liability.

If any violation of the regulations prescribed by the state causes damage to the ecological environment of the Qinghai-Tibet Plateau, the authorities specified by the state or organizations specified by the law shall have the right to request the tortfeasor to bear the liability for restoration, compensate for the losses, and pay the relevant expenses.

Article 60 Where any violation of the provisions of this Law constitutes a violation of the administration of public security, the public security organ shall impose an administrative penalty for public security in accordance with law. If the case constitutes a crime, criminal responsibility shall be held in accordance with law.  

Chapter VII Supplementary Provisions

Article 61 The pertinent counties mentioned in the second paragraph of Article 2 of this Law shall be determined by the department authorized by the State Council.

Article 62 Provinces, autonomous regions, cities divided into districts, and autonomous prefectures of the Qinghai-Tibet Plateau may, based on their local conditions, formulate specific measures for the ecological conservation of the Qinghai-Tibet Plateau.

Article 63 This Law shall go into effect on September 1, 2023.