People's Republic Of China Soil And Water Conservation Law

Original Language Title: 中华人民共和国水土保持法

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(June 29, 1991 NPC adopted at the 20th session of the Standing Committee December 25, 2010 the 18th meeting of the Standing Committee of the 11th NPC amended)

People's Republic of China President, 39th

                             
People's Republic of China Law on soil and water conservation by the People's Republic of China Standing Committee of the 11th National People's Congress adopted at the 18th meeting, revised on December 25, 2010, now revised the People's Republic of China published in the soil and water conservation law, take effect on March 1, 2011.
                                  
People's Republic of China President Hu Jintao

List of December 25, 2010

Chapter I General provisions

Chapter II plan

Chapter III prevention

The fourth chapter governance

The fifth chapter monitoring and oversight

The sixth chapter legal liability



The seventh chapter by-laws

Chapter I General provisions

First in order to prevent and control soil erosion, protection and rational utilization of land and water resources, reduce water, drought and blown-sand disaster and improve the ecological environment to ensure sustainable economic and social development, this law is enacted.

Article People's Republic of China territory of soil and water conservation activities shall abide by this law.

Soil and water conservation in this law refers to natural factors and human activities causing soil erosion preventive and control measures taken.

The third priority, comprehensive prevention, protection of soil and water conservation planning, comprehensive way, adapted to local conditions, focused, scientific management, benefit-oriented approach.

Fourth people's Governments above the county level shall strengthen the unified leadership of the soil and water conservation, soil and water conservation into the national economic and social development planning, task for soil and water conservation plan, arrange special funds and organizations.

National focus on soil and water loss prevention and key controlling area, local people's Governments at all levels for soil and water conservation goals accountability and assessment system of rewards and punishments.

Fifth water Administrative Department under the State Council in charge of the nation's soil and water conservation work.

Water Administrative Department under the State Council set for the country's major rivers and Lakes establishment of river basin management institutions (hereinafter referred to as watershed management) and take soil and water conservation functions of supervision according to law within the jurisdiction.

Local people's Governments at or above the county level administrative areas of water conservancy administrative departments in charge of the soil and water conservation work.

The people's Government above the county level forestry, agriculture, land resources, and other relevant departments according to their respective functions, and do a good job on soil and water loss prevention and management.

Sixth people's Governments at all levels and relevant departments should strengthen the work of soil and water conservation information and education, popularize the knowledge of soil and water conservation, increase public awareness of soil and water conservation.

Seventh State encourages and supports research on soil and water conservation science and technology, improve soil and water conservation science and technology level, popularize advanced water conservation techniques, cultivation of soil and water conservation science and technology talent.

Eighth article of any unit and individual have the protection of soil and water resources, preventing and controlling soil and water loss of the obligation and the right to report the acts of destruction of land and water resources, soil erosion.

Nineth State shall encourage and support social forces to participate in the work of soil and water conservation.

Units and individuals for outstanding achievements in soil and water conservation, recognition and reward the people's Governments above the county level.

Chapter II plan

Article tenth of soil and water conservation planning should be soil erosion investigation result and concentrate on preventing soil and water loss area and key in controlling area delineated on the basis of, follow the principle of integrated and coordinated and specific guidance.

11th water Administrative Department under the State Council shall organize regular national survey of soil erosion investigation and announce the results.

The provinces, autonomous regions and municipalities water administrative department responsible for the administration of soil erosion investigation and announce the findings, findings should be reported before the announcement water Administrative Department under the State Council for the record.

12th people's Governments above the county level should be based on the soil erosion investigation determined and announced key soil and water loss prevention and controlling area of emphasis.

On soil erosion potential danger a larger area shall be designated as key prevention of soil and water loss area; the serious water and soil erosion area should be designated a focus on soil and water loss controlling area.

13th article of soil and water conservation planning should include soil erosion, type Division of soil and water loss and soil erosion prevention objectives, tasks and measures.

Soil and water conservation planning include the basins or regions to prevent and control soil erosion, protection and rational use of water and soil resources in overall deployment, as well as the overall deployment of soil and water conservation work or specific regional soil and water loss prevention and control of the special deployment.

Soil and water conservation planning and land use planning, water resources planning, urban planning and environmental protection planning, and coordination.

Compiling water and soil conservation plans shall seek the views of experts and the public.

Article 14th water conservancy administrative departments of the people's Government of the people's Governments above the county level authorities compiling water and soil conservation planning, after the approval of the local government or its authorized, organized and implemented by the water conservancy administrative departments.

Soil and water conservation plan, once approved, should be strictly enforced; approved plan according to the actual situation need to be modified, procedures should be in accordance with the plan submitted to the original approval authority.

15th on the infrastructure construction, mineral resource development, urban construction and public service facilities and other aspects of planning in the implementation process could cause soil erosion, planning the establishment of the authority should be made in the planning of soil and water loss prevention and control policies and measures, and shall be reported in the planning approval before seeking the views of competent administrative Department of the people's Governments at the corresponding level of water.

Chapter III prevention

16th local people's Governments at various levels in accordance with soil and water conservation planning, take measures such as enclosure protection, nature restoration, organizational units and individuals to plant trees and grass, expanding the area of forest and grass cover, water conservation, soil and water loss prevention and mitigation.

Article 17th local people's Governments at various levels shall strengthen the soil, sand-digging and quarrying activities and management, soil and water loss prevention and mitigation. Banned in collapse, landslide risk area and debris flow-prone areas in the soil, sand, gravel and other activities likely to cause soil erosion. Avalanche and landslide danger zone and range of debris flow-prone areas, drawn by the local people's Governments at or above the county level and publicly announce it.

Avalanche and landslide danger zone and the delineation of debris flow-prone areas, and geological disaster prevention plan of geological disaster-prone areas, key control link.

Article 18th serious soil erosion and ecological fragile areas, restrictions or prohibitions may be the cause of soil and water loss in production and construction activities, strictly protected, lichens, plants, sand, soil crusts. In erosion gully gully and ditch banks, on both sides of the River as well as neighboring Lakes and reservoirs, land owner, holder or the relevant management unit should be created with plant protection.

Prohibition of exploitation, the development of plant protection.

Article 19th of soil and water conservation facility owner or holder shall strengthen the management and maintenance of soil and water conservation facilities, implementation of management responsibility and guarantee their function properly. 20th in steep slope of 25 degrees or more is prohibited to cultivated crops.

Planting economic forest on steep slope of more than 25 degrees, should select species, rationally determine the scale, soil and water conservation measures taken to prevent soil erosion. According to the actual situation of the administration of provinces, autonomous regions and municipalities, and may provide for the prohibition of exploitation of less than 25 degrees slope.

The scope of the prohibition of exploitation of the steep hill by the local people's Governments at the county level determined and announced. Article 21st against deforestation, destruction of grass land and gathering seaweed.

No concentrate on preventing soil and water loss area and key in controlling area shovel grass, trees or dig dug Cordyceps ephedra, licorice, and so on.

22nd felling shall be made in a reasonable manner, strictly control the clear-cutting; water source conservation forest, soil and water conservation forest, wind breaking forest can only be tending and regeneration cutting; of felling and skidding trails should take measures to prevent soil erosion, and then prompt reforestation after harvesting. Tree cutting in forest areas, harvest should have on soil and water conservation measures in the programme.

After harvesting programme approved by the forestry authorities, by the Department of forestry and water conservancy administrative departments supervise the implementation.

Article 23rd more than five degrees in slope reforestation, tending of young, growing medicinal herbs, soil and water conservation measures should be taken. Ban on cultivated slope below, five degrees above the waste-slope-land planting crops, soil and water conservation measures should be taken.

Specific measures for the provinces, autonomous regions and municipalities according to the actual situation of the administrative provisions.

24th production project site, selection shall give way concentrate on preventing soil and water loss area and key in controlling area; cannot be avoided, should improve standards for prevention and control, optimization of the technology, reduced surface disturbance and vegetation damage range control may result in soil erosion. 25th in the mountains, hills, wind and other regions prone to soil erosion of the soil and water conservation plans offering potential soil and water loss in construction project, production units shall compiling water and soil conservation programmes, water administration under the people's Governments above the county level authorities, and in accordance with an approved water and soil conservation programmes, taking soil and water loss prevention and control measures.

Incapable of compiling water and soil conservation programmes, should be entrusted with the appropriate technical conditions of preparation.

Programmes should include soil and water conservation of soil and water loss prevention and control of scope, objectives, measures and investments, and so on. After approval, the soil and water conservation plans, significant changes in the location and scale of production and construction projects, soil conservation programme should be added or modified and submitted to the original examination and approval authority for approval.

Implementation of soil conservation scheme in the process of soil and water conservation of significant changes need to be made, shall be subject to the examination and approval authority for approval.

Production preparation and approval of the construction project of soil and water conservation programme, developed by the water conservancy administrative departments under the State Council.

26th according to law shall be drawn up of soil and water conservation plan-building projects, production units are not compiling water and soil conservation scheme, or soil and water conservation program has not been approved by the water conservancy Administrative Department, production and construction shall not commence the construction of the project.
27th according to law should be compiling water and soil conservation scheme of soil and water conservation in the construction and production of project facilities, simultaneously with the principal part of the project should be designed, constructed and put into operation simultaneously; production of construction project completion and acceptance, acceptance of soil and water conservation facilities, acceptance or unqualified acceptance of soil and water conservation facilities, production and construction projects shall not be put into use.

28th according to law shall be drawn up of soil and water conservation plan-building project, its production and construction activities in the abandoned row of sand, stone, soil, waste rock, tailings and waste comprehensive utilization, not utilization, obsolescent, should be stacked in a specialized store of soil conservation programmes, and take measures to ensure that no new damage.

29th water administration under the people's Governments above the county level authorities, river basin authorities should perform checks on the implementation of the construction project of soil and water conservation programme, identify problems and deal with.

The fourth chapter governance

30th State to strengthen focus on soil and water loss prevention and key controlling area of conversion of agricultural land terracing, check dams and other key engineering construction of soil and water conservation, increase the intensity of ecological restoration.

Water Administrative Department of the people's Governments above the county level shall strengthen the construction and management of major project of soil and water conservation, establish and perfect operation management system.

31st State to enhance river's source area, drinking water source protection areas and water conservation districts soil and water loss prevention and control work, raising funds through various channels, the compensation for ecological benefit of soil and water conservation into national establishing ecological benefit compensation system.

Articles 32nd to start production and construction projects or engaging in other production and soil erosion caused by construction activities shall govern. In the mountains, hills, wind and soil and water conservation plans for other regions prone to soil erosion to start production and construction projects or engaging in other production activities, damage to soil and water conservation facilities, landforms and vegetation, you cannot recover the original function of soil and water conservation, shall pay the compensation fees for soil and water conservation, for use in soil and water loss prevention and control. Special soil and water loss prevention and control by the water conservancy administrative departments are responsible for organization and implementation.

User management of compensation fees for soil and water conservation measures shall be formulated by the financial sector and the Department in charge of price under the State Council in conjunction with the water conservancy Administrative Department.

Production process of construction projects in construction and conservation expenses incurred in the production process, in accordance with the uniform financial and accounting system of the State.

33rd State shall encourage units and individuals to involved in soil erosion control of soil and water conservation planning, and financial, technical and tax support.

34th State to encourage and support contract management barren hills, waste valleys, barren hillocks, wasteland, prevent soil erosion, protect and improve the ecological environment, promoting rational development and sustainable utilization of land resources, and protect the legitimate rights and interests of land contract parties.

Contract management barren hills, waste valleys, barren hillocks of rural land, wasteland and contracted serious soil erosion area, land contract signed according to law shall be included in preventing and controlling soil and water loss of responsibility.

35th in the area of water erosion, local people's Governments at all levels and relevant departments should organize the units and individuals in natural ravines and mountain slopes on both sides of the small valley as a unit, according to local conditions to take engineering, plant measures and measures such as conservation tillage, soil erosion comprehensive treatment of slope and channel.

In wind erosion area, local people's Governments at all levels and relevant departments should organize the units and individuals, according to local conditions to take the wheel rotational grazing, planting trees and grass, and setting up artificial barriers and measures such as mesh belt, Windbreak protection system established.

Gravity erosion in the area, local people's Governments at all levels and relevant departments should organize the units and individuals, monitoring, flow diversion, cut slope unloading, retaining slope, building engineering measures such as blocking, monitoring, prediction, early warning system.

Article 36th in the drinking water source protection areas, local people's Governments at all levels and relevant departments should organize the units and individuals, preventive conservation, nature restoration and comprehensive measures, supporting the construction of vegetative filter strip, actively promoting methane and clean-type small watersheds building, strictly control the use of chemical fertilizers and pesticides, reduction of non-point source pollution caused by soil erosion, to protect drinking water sources.

37th in the steep slope ground of prohibition of exploitation of cultivated crops, should be in accordance with the relevant provisions of the State returning, planting trees and grass; shortages of arable land, farming is difficult, should build terraces or take other conservation measures.

Prohibition of exploitation on the slope below the sloping cultivated crops, depending on the circumstances, take the construction of terraces, sloping water treatment, or converting the soil and water conservation tillage measures. Article 38th on the land occupied by the production and construction activities of surface soil layer should be split, save, and use Earth-rock excavation and fill balance, reduce surface disturbances range; the abandoned sand, stone, soil, waste rock, tailings, waste storage, should take blocking, slope protection, flood control measures such as the exhaust.

After the end of production and construction activities, it shall promptly take soil, excavation and storage to plant trees and grass on bare land, restore vegetation, reclamation of tailings to the closed library.

Production and construction activities in arid area, measures should be taken to prevent erosion by the wind, set rainfall infiltration facilities, making full use of water resources.

39th State encouragement and support in mountainous, hilly, windy as well as other regions prone to soil erosion, take the following measures in favour of soil and water conservation:

(A) no-tillage, contour farming, rotation rotation, grasses such as crop rotation and intercropping;

(B) banned raising, rotation grazing, feeding in captivity;

(C) developing marsh gas, firewood stove, using solar, wind and hydro, coal, electricity and gas instead of wood;

(D) the emigration from ecologically fragile areas;

(E) other measures in favour of soil and water conservation.

The fifth chapter monitoring and oversight 40th water Administrative Department of the people's Governments above the county level shall strengthen the work of soil and water conservation monitoring and use of soil and water conservation monitoring in Government decision making, the role of economic and social development and the public service.

The people's Governments above the county level shall protect the soil and water conservation monitoring requirements.

Water Administrative Department under the State Council should improve the national soil and water conservation monitoring networks for dynamic monitoring of soil erosion nationwide.

41st may cause serious erosion of large and medium construction projects, production units shall own or entrusted have qualified for soil and water conservation monitoring agencies, monitoring of soil erosion caused by production and construction activities, and periodic report on monitoring of local water conservancy Administrative Department.

Soil and water conservation monitoring activities shall comply with the relevant technical standards, specifications and regulations of the State, ensure the quality of monitoring.

42nd water Administrative Department under the State Council and the provincial, autonomous region, municipality water conservancy administrative departments should be based on soil and water conservation monitoring and regular announcements on the following matters:

(A) the type, size, strength, distribution of soil and water loss status and trends;

(B) the harm caused by soil erosion;

(C) prevention and control of soil erosion. Article 43rd water Administrative Department of the people's Governments above the county level are responsible for soil and water conservation supervision and inspection.

River basin authorities in their jurisdiction can exercise powers of supervision and inspection of water Administrative Department under the State Council.

44th in water policy supervision and inspection personnel to perform their duties of supervision and inspection, and the right to take the following measures:

(A) requested by units or individuals for examination the relevant documents, licenses and materials;

(B) requesting the unit or individual under inspection is preventing and controlling soil and water loss of the clarification of the situation;

(C) access to the site for investigation and evidence collection.

Unit or individual under inspection refuses to desist from the illegal act, resulting in serious soil erosion, approved by the water conservancy administrative departments, can seal up, distrain committed offences of construction machinery, equipment and tools, and so on. Article 45th in water policy supervision and inspection personnel to perform their duties of supervision and inspection, shall produce their certificates.

Units or individuals for examination of soil and water conservation supervision and inspection work should cooperate truthfully report the situation, provide information concerning the documents, certificates, and shall not refuse or impede the water policy supervision and inspection personnel performing official business according to law.

Article 46th case of soil and water loss in disputes should be resolved through consultation between the different administrative regions through consultation, by the common people's Government decision at a higher level.

The sixth chapter legal liability

47th water conservancy administrative departments or others exercising the right of supervision and management departments in accordance with this law, does not make a decision on the administrative license according to law or approval document, finding violations or receiving reports not investigated for violations, or other acts that do not perform their duties in accordance with the provisions of this law, the directly responsible person in charge and other direct liable persons shall be given administrative sanctions.

48th in violation of the provisions of this law, in collapse and landslide danger zone or debris flow-prone areas in soil, sand, gravel and other activities likely to cause soil erosion, by the Department of water administration under the people's Governments at and above the county level shall be ordered to desist from the illegal act, confiscate the illegal income of individuals of less than 1000 Yuan and 10,000 yuan fine, the unit fines of less than 20,000 yuan and 200,000 yuan.

49th article violation this method provides, in ban reclamation slope above steep to reclamation planting crop, or in ban reclamation, and development of plant protection with within reclamation, and development of, by County above place Government water administrative competent sector ordered stop violations, take returning, and recovery vegetation, remedy measures; according to reclamation or development area, can on personal at each square meters two Yuan following of fine, and on units at each square meters 10 Yuan following of fine.

50th in violation of the provisions of this law, deforestation, destruction of grass land, in accordance with the People's Republic of China forest and the People's Republic of China grassland the relevant provisions of the Act.

51st article violation this method provides, collection Nostoc flagelliforme, or in soil erosion focus prevention district and focus controlling area shovel turf, and dug tree pocket, and which dug Cordyceps, and licorice, and ephedra, of, by County above place Government water administrative competent sector ordered stop violations, take remedy measures, confiscated illegal proceeds, and at illegal proceeds 1 time times above five times times following of fine; no illegal proceeds of, can at 50,000 yuan following of fine.

In the Prairie region there are violations of the provisions of the preceding paragraph, in accordance with the People's Republic of China grassland the relevant provisions of the Act.
52nd in the forest to cut trees, of failing to take measures to prevent soil erosion, local people's Governments at or above the county level forestry authorities, water conservancy administrative departments a rectification, remedial measures, causing soil erosion, according to the soil erosion area by the water conservancy administrative departments at two Yuan per square meter more than ten Yuan fine.

53rd in violation of the provisions of this law, any of the following acts, by the Department of water administration under the people's Governments above the county level shall be ordered to desist from the illegal act, completing the formalities of limited duration; fails to go through the formalities, fines of between 50,000 yuan and 500,000 yuan; directly responsible for production and construction units in charge and other direct liable persons shall be given administrative sanctions:

(A) soil and water conservation construction project shall be compiled in accordance with law, is not compiling water and soil conservation programmes or the preparation of soil and water conservation plan of unauthorized construction;

(B) significant changes in the location and scale of production and construction projects, not supplementing, modifying, soil and water conservation plan or additional, modifying, soil and water conservation program without approval of the original examination and approval authorities;

(C) in the implementation of soil and water conservation program, without approval of the original examination and approval organ, major changes to soil and water conservation measures.

54th in violation of the provisions of this law, water and soil conservation facilities without acceptance or acceptance of substandard construction projects put into operation, by the Department of water administration under the people's Governments above the county level shall be ordered to stop production or use, acceptance, and fines of between 50,000 yuan and 500,000 yuan.

55th article violation this method provides, in soil and water conservation programme determine of specifically store to yiwai of regional dumping sand, and stone, and soil, and waste stone, and tailings, and waste, of, by County above place Government water administrative competent sector ordered stop violations, deadline cleanup, according to dumping number at each cubic metres 10 Yuan above 20 Yuan following of fine; late still not cleanup of, County above place Government water administrative competent sector can specified has cleanup capacity of units on behalf of cleanup, by needed costs by violations people bear.

56th in violation of the provisions hereof, initiated construction projects or engaging in other production and soil erosion caused by construction activities, without governance, by the water conservancy Administrative Department in charge shall command the people's Governments above the county level time limit limit; is not governance, water Administrative Department of the people's Governments above the county level can specify a unit governance governance capacity, the cost borne by the violation.

57th in violation of the provisions of this law, refused to pay the compensation fees for soil and water conservation, and water administration under the people's Governments above the county level authorities ordered to pay overdue payments, the delays plus lag na na on a daily basis from the date part five out of 10,000 late fee, payable compensation fees for soil and water conservation fined not more than three times.

Article 58th in violation of the provisions of this law, resulting in soil erosion hazard, shall bear civil liability activities contravening public security management by the public security organs shall be subject to administrative penalties for public security constitutes a crime, criminal responsibility shall be investigated according to law.

The seventh chapter by-laws

59th local people's Governments at or above the county level responsible for soil and water conservation work of the institution, determined according to the situation on the ground, exercise of the provisions of this law of soil and water conservation work of water conservancy administrative departments responsibilities. 60th article this law shall enter into force on March 1, 2011.