Protecting the ecological environment and addressing environmental pollution are urgent and arduous tasks at present. The importance and necessity of strengthening ecological civilization construction are evident. It is our goal to resolve to manage environmental pollution effectively and build a sound ecological environment, creating a favorable production and living environment for the people.
The Rocky Path of Legal Construction for Ecological Environment in Guangdong’s Guanyin Mountain (Part 2)
Guangdong Guanyin Mountain National Forest Park is located in Zhangmutou Town, Dongguan City, Guangdong Province. It attracts domestic and international tourists with its rich ecological resources and cultural heritage. The park has consistently implemented the policies and guidelines of the Party and the state regarding the protection of ecological resources and the harmonious coordination of nature and development. It adheres to the rational and orderly development of forest tourism and health culture industries. Through the scientific and systematic management of Chairman Huang Hanbo and 15 years of tireless efforts by the “Forest Guardians,” the scenic area has been transformed from an obscure green hill into a renowned “natural oxygen bar” and “green jewel” in Lingnan, also hailed as the “green lung” of Dongguan.
The Entrance Archway of Guangdong Guanyin Mountain National Forest Park
Guanyin Mountain Scenic Area
In recent years, Guanyin Mountain Forest Park has been at the forefront of the industry in terms of ecological civilization construction, forest resource protection, and scientific development. On March 30, 2014, its dispute over operational rights with the local Shixin Community (village committee) ended with a victory for the Guanyin Mountain Development Company. However, regarding the future operation and development of the scenic area, Chairman Huang Hanbo stated that the current serious challenges highlight the lack of oversight by relevant functional departments.
Power lines crisscross the scenic area
Allegedly posing significant safety hazards
“Before we took over Guanyin Mountain, there was already a set of high-voltage lines passing through. After we were established, the nuclear power plant lines needed to go through the scenic area, and we agreed to that. But apart from that, the existing five sets of high-voltage lines were all constructed forcefully without the consent of the relevant national departments such as the State Forestry Administration and the Provincial Forestry Department, nor with the approval of the scenic area,” a person in charge of the Guanyin Mountain Scenic Area told the Democracy and Law Society reporter.
Walking within the Guanyin Mountain Scenic Area, visitors are greeted by pleasant scenery and surrounded by mountains, constantly feeling the presence of nature—this is the genuine experience of those who have toured the Guangdong Guanyin Mountain National Forest Park. However, the man-made tower foundations on the mountain stand out in stark contrast to the natural landscape. Groups of high-voltage lines have been mockingly referred to as a “symphony of power lines” by the media. At the scene, reporters observed that the tower foundations and high-voltage lines are particularly dense near the park’s main road, Foguang Road. More than ten high-voltage line towers are routed and erected across this primary passage. It is alleged that not only were they constructed forcefully in violation of regulations, but they were also not installed at the required elevated height. According to actual measurements by workers, at higher points of the roadbed, the high-voltage lines are only a little over three meters above the ground. This phenomenon of high-voltage lines crossing through the scenic area severely damages the ecological environment, poses enormous safety risks, and runs counter to the park’s operational development. The person in charge of the Guanyin Mountain Scenic Area has reported this issue to higher authorities multiple times, but no resolution has been achieved.
Notably, in June 2012, construction workers from the Dongguan Power Supply Bureau entered the Guanyin Mountain Forest Park intending to carry out construction for the 220kV Dongguan-Jiaobu Double-Circuit Transmission Line Project and the 110kV Luwo Substation Supporting Line Project on the mountainside and along both sides of Foguang Road. This move completely enraged the operators of the Guanyin Mountain Scenic Area. It is understood that these two projects were invested in by Guangdong Power Grid Corporation, a wholly-owned subsidiary of China Southern Power Grid, with the Dongguan Power Supply Bureau responsible for the construction.
High-Voltage Power Grids in the Guanyin Mountain Scenic Area
According to relevant documents, “In October 2011, the Dongguan Power Supply Bureau sent a letter to the Guangdong Guanyin Mountain National Forest Park, stating that the GN16 tower of the project is located within the jurisdiction of the Shixin Community Residents' Committee and within the management scope of the park. The land acquisition and crop compensation for the tower site had been coordinated with the Shixin Community, and construction was agreed upon. Upon on-site investigation, the GN16 tower is close to the park’s sightseeing road, and due to the complex terrain, construction vehicles need to use the sightseeing road for transporting personnel and materials. The park is hoped to offer support and understanding.” The Guanyin Mountain Company does not agree with this explanation. Although the project is within the jurisdiction of the Shixin Community, it does not have the legal authority to approve construction. A person in charge of Guanyin Mountain mentioned that China Southern Power Grid had sent a letter to the Guangdong Provincial Forestry Department requesting approval for the high-voltage lines to pass through Guanyin Mountain, but the Guangdong Provincial Forestry Department did not give consent.
The ecological environment has been repeatedly damaged
Seriously infringing upon the park’s legitimate operating rights
According to a person in charge of the Guanyin Mountain Company, a closer look at the development of forest parks across the country over the past decade reveals numerous cases of forest parks being damaged in various locations. Behind these incidents, there is invariably a huge profit-driven motive.
According to relevant data: As early as 2007, the State Forestry Administration approved the overall development plan for Guanyin Mountain Park, which designated a 1,500-acre area around the park’s convention and exhibition center for the construction of tourism-related facilities. If the land could be rezoned, with a floor area ratio of 1:2, the 1,500 acres could accommodate the development of 2 million square meters of commercial housing. If the land of Guanyin Mountain were used for real estate development, with a profit of just 0.5 million yuan per square meter, the profit would amount to 10 billion yuan.
In June 2006, under the instruction of then-Dongguan Party Secretary Liu Zhigeng, the Zhangmutou Town Government issued a document proposing to acquire Guanyin Mountain (at that time, the park’s cumulative investment and fundraising had exceeded 100 million yuan) for 30 million yuan. After the first failed attempt at a low-price acquisition, the town government made another acquisition proposal on March 16, 2009. With the park’s investment and fundraising exceeding 600 million yuan at the time, the offer to acquire it for about 100 million yuan was again rejected by Guanyin Mountain. Consequently, then-Zhangmutou Town Mayor Li Mantang instructed the Shixin Community (i.e., Shixin Village, where Guanyin Mountain is located) to sue the Guanyin Mountain Park in the Dongguan grassroots court, seeking to terminate the contract signed by both parties in 1999. This led to the fair judgment by the Supreme People’s Court of the People’s Republic of China on March 30, 2014.
“Without the authorization of the local government departments, the Dongguan Power Supply Bureau would never have dared to act in such defiance of regulations.” A person in charge of the scenic area said. As the first national-level forest park in Dongguan, Guangdong Guanyin Mountain National Forest Park is a Class I fire prevention zone. However, over the 10-year period since 2004, despite not receiving any construction approval documents from the Dongguan Power Supply Bureau related to forestry, land resources, environmental protection, or other departments, the construction contractors of the Dongguan Power Supply Bureau disregarded the law. Each time construction commenced, they forcibly drove into the park to cut trees and install power lines. The massive high-voltage towers not only severely damaged the forest ecology and affected the park’s natural landscape but also increased the difficulty of forest fire prevention, posing significant fire safety hazards to the Guanyin Mountain Forest Park.
According to Article 13 of the “Forest Park Management Measures,” the occupation, requisition, or transfer of forest land within the scope of a forest park must obtain the consent of the forest park management organization and follow the relevant provisions of the “Forest Law of the People’s Republic of China” and its implementation rules to complete the procedures for occupation, requisition, or transfer. Approval must be sought from the people’s government according to the statutory approval authority, and relevant fees must be paid. Article 18 of the “Forest Law of the People’s Republic of China” stipulates that exploration, mining, and various construction projects should occupy as little forest land as possible. When it is necessary to occupy or requisition forest land, it must be reviewed and approved by the forestry authorities of the county-level or higher people’s governments before proceeding with the approval procedures for construction land in accordance with relevant land laws and administrative regulations.
Unjustified Power Restrictions in the Park
Resulting in Operational Losses
Due to the strong dissatisfaction of Guanyin Mountain Park with illegal construction activities within the park, in June and July of 2013–2014, it suffered power rationing measures by the power supply department. “Guanyin Mountain Park was deeply troubled by insufficient power supply, leading to nearly 300 employees lacking cooling and dining security,” a person in charge of the scenic area said.
It is understood that in June 2013, while Guanyin Mountain Park was busily preparing for the related events of the Zhangmutou Town Little Hong Kong Tourism and Culture Festival, the Zhangmutou Town Power Supply Branch issued a notice requiring the park to implement peak-shifting electricity usage in June and July. According to the national, provincial, and municipal policies on peak-shifting electricity usage, the park reported the matter to the town party committee and government and explained the situation that Guanyin Mountain Park, as a public service-oriented enterprise, was unsuitable for peak-shifting electricity usage:
First, Guanyin Mountain Park is the largest comprehensive tourist attraction in Dongguan and a public service enterprise. Currently, when implementing peak-shifting electricity policies, the national and provincial/municipal regions have consistently prioritized ensuring public livelihoods, prioritizing residents, adjusting production, and focusing on safeguarding education, public services, and the service sector. As a service window enterprise of Dongguan, Guanyin Mountain Park is an important weekend leisure tourism destination in the Pearl River Delta region, undertaking the crucial task of providing recreational tourism for the general public. It receives tens of thousands of tourists and worshippers from the Pearl River Delta and Southeast Asia every day. If the park is required to shut down power during peak-shifting hours, it will inevitably severely affect the normal operation of the park, making it impossible to provide proper tourism reception services and will also significantly impact the tourism image of Dongguan and Zhangmutou.
Second, for the past 13 years, Guanyin Mountain Park has never been required to shift peak electricity usage. As a representative of the service sector, even during the fastest economic development period in Zhangmutou Town, the park was never subject to peak-shifting electricity usage. Yet now, when the economic development of Zhangmutou Town is still in recovery, the park is being asked to shift peak electricity usage, which is truly baffling.
Third, the requirement by the town power supply branch for Guanyin Mountain Park to shift peak electricity usage appears to be retaliatory. Over the past two years, the Dongguan Power Supply Bureau and the town power supply branch have repeatedly carried out illegal forced construction within the park, building high-voltage towers. According to national regulations, the requisition of forest land for construction in national-level forest parks must obtain approval from the national forestry and related departments. However, the Dongguan power supply department illegally destroyed forest land and carried out forced construction without obtaining legal procedures. In light of the illegal actions of the power supply department, Guanyin Mountain Park has repeatedly complained to relevant departments and sent them a “Lawyer’s Notice Letter.” It is understood that Guanyin Mountain Park has filed a lawsuit against the power supply department for illegal construction within the park.
Fourth, Guanyin Mountain Park has long been plagued by insufficient power supply. As an important scenic area, the park receives nearly one million visitors annually, yet only the area from the mountain foot entrance archway to the Ciyun Pavilion office building has basic power security. From the Bird Park to the summit Guanyin Square, there has been no power supply all along. As the core attraction of the park, Guanyin Square serves nearly a thousand visitors daily with nearly a hundred staff members on duty. Yet, regardless of severe cold or heat, they have always worked in an environment without electricity. To ensure basic tourism services, the Guanyin Square attraction currently generates its own electricity during the day using power generation equipment purchased with park funds. The chronic issue of insufficient and fragile power supply has long constrained the park’s development.
5. Staggered power usage is a measure to ensure people's livelihoods. We hope the power supply department can do the right thing and not interfere with normal civilian leisure activities or affect business development. Finally, the park earnestly requests the town party committee and government to investigate the facts, order the town power supply branch to correct its mistakes, and avoid greater negative impacts caused by erroneous policies. However, the local government has not provided a reasonable explanation.
According to our reporter’s understanding, when implementing staggered power usage policies across the country, all regions adhere to ensuring people's livelihoods, prioritizing residents, adjusting production, and giving priority to education, public services, and service industries, while restricting large energy-consuming production enterprises during peak-shaving periods. Is it appropriate for the local power supply department to implement staggered power usage for the Guanyin Mountain Scenic Area for two consecutive years? This remains to be verified by the relevant functional departments.
Power grid construction restricts ecological environment protection
According to park staff, visitors often ask when purchasing tickets: "Do you have a direct cable car to Guanyin Temple? We’d like to take the cable car up." At such times, park staff can only politely respond: "Sorry, our sightseeing cableway is still under construction."
According to the overall park plan, a sightseeing cableway will be built from Xianquan Reservoir to Guanyin Square. Along the way, visitors can enjoy steep peaks and lush forest landscapes. It serves as an aerial route connecting the Dajianfeng Activity Area to the Buddhist Cultural Area, allowing tourists to breathe in the fresh forest air and take in distant views of Zhangmutou.
However, contrary to expectations, due to the presence of over a dozen high-voltage lines crisscrossing the park, and according to regulations that require 110-volt high-voltage lines to maintain a distance of more than 10 meters from the ground and buildings, and 220-volt or higher lines to maintain a distance of more than 15 meters, the actual situation—where these high-voltage lines have not been elevated as required and instead span across mountain ridges—has made it impossible to commence construction on the park’s cableway plan.
Near Xianquan Reservoir in the scenic area, the overall plan includes the construction of a visitor center. It is reported that this site is planned to house a four-story antique-style comprehensive building serving as the park’s visitor center, primarily providing tourism information services, as well as functions such as shops, offices, and reception, with a total floor area of 3,000 square meters. Visitors can use touch-screen computer inquiry systems here to obtain detailed information about the forest park, including layout, service facilities, major attractions, leisure and entertainment projects, tourist routes, and tourist goods. Additionally, the service center plans to feature a three-dimensional sand table to display the full panorama of the scenic area, giving visitors a comprehensive, intuitive, and vivid understanding of the overall tourism resources of Guanyin Mountain National Forest Park. Due to the presence of high-voltage lines, the construction of these projects has had to be put on hold, leading to lagging park infrastructure and once-restricted development.
Secondly, the forced construction of the power grid project has severely damaged the integrity of the park. Rare plants in the core protection zone, such as "Golden Camellia," have suffered extensive damage during construction, resulting in serious ecological damage and deterioration of the plants’ growth conditions. Beyond that, it has directly led to the inability to implement the park’s overall plan approved by the state in 2007 (including the park’s ring road, walking trails, rest areas, shops, visitor service center, emergency center, science education base, golden turtle research center, rare tree species research center, and more—all unable to be built). The lagging park infrastructure has also restricted the park’s ability to attract investment, and its overall value has suffered significant losses.
"Now that the operating rights of Guanyin Mountain have been confirmed, there is legal basis for many plans and operations. Therefore, during the development process, the park will continue to fight using legal means," said a person in charge at the scenic area.
Regarding the various issues raised by Guanyin Mountain National Forest Park, our reporter interviewed the Zhangmutou Town Power Supply Company. A person in charge surnamed Liu from the company stated that the power grid project belongs to the Dongguan Power Supply Bureau, and the town power supply company is only coordinating and assisting. Relevant procedures should exist, but specific details need to be confirmed with the Dongguan Power Supply Bureau. On July 23, 2015, our reporter visited the Dongguan Power Supply Bureau. A person in charge stated that the issue of constructing power grids within Guanyin Mountain National Forest Park has now entered legal litigation proceedings and that the court hearing is scheduled for next week. Everything will be subject to the court’s ruling, and the interview request was declined.
The reporter confirmed with the Guanyin Mountain company that they did indeed sue the power grid construction party on the grounds of ecological environment destruction and safety hazards. The case is currently under trial.