People's Republic Of China Grassland Law

Original Language Title: 中华人民共和国草原法

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(Dated June 18, 1985 meeting of the Standing Committee of the 11th National People's Congress on December 28, 2002, the 31st meeting of the Standing Committee of the ninth amendment by People's Republic of China President to 82nd release since March 1, 2003) Chapter I General provisions article protection, development and reasonable utilization of grassland, improving the ecological environment, the preservation of biological diversity, the development of modern animal husbandry to promote economic and social development,
    This law is enacted.
    Article in the People's Republic of China in the field of Prairie planning, protection, development, use and management of activities, this law shall apply.
    Grassland in this law refers to natural grasslands and pastures.
    Third State of grassland science planning, comprehensive protection, key projects, and rational use of the approach, promotion of sustainable grassland utilization and coordination of ecological, economic and social development.
    Article people's Governments at various levels shall strengthen the grassland protection, development and utilization of management, protection, development and utilization of grassland into national economic and social development plan.
    People's Governments at all levels should strengthen the publicity and education of the protection, development and reasonable utilization of grassland.
    Fifth article of any units and individuals have the obligation to comply with the legal statute, protection of grassland Prairie, enjoy for violations of grassland law, acts of destruction of grassland supervision, prosecution and the right to complain.
    Sixth the State encourages and supports the protection, construction and use of scientific research and monitoring, promoting advanced technology and advanced achievements in cultivating science talents.
    Seventh State of grassland management, protection, development, rational utilization and the research work units and individuals that have achieved outstanding successes, rewarded.
    Eighth grassland administrative departments of the State Council responsible for supervision and administration of grassland nationwide.
    Competent administrative departments of local people's Governments at or above the county level grassland grassland supervision and management work within their respective administrative areas.
    The township (town) people's Governments should be strengthened within the administrative area of grassland protection, supervision and inspection of the construction and use, can be set as needed full-time or part-time personnel responsible for supervision and inspection work. Chapter two ownership article Nineth grassland the Prairie is owned by the State, except as prescribed by law belong to the collective.
    State of the grassland by the State Council shall exercise the ownership on behalf of States.
    No unit or individual may appropriate, buy, sell or otherwise transfer the grassland.
    Tenth State of the grassland, can legally determine to units of public ownership, collective economic organizations and more.
    Use the Prairie unit, shall perform the obligation of the protection, development and reasonable utilization of grassland.
    11th legally determine to entity owned by the Prairie, collective economic organizations, such as the use of the State, the people's Governments above the county level shall register and issue licences, identified grassland use right.
    Does not identify the States the right to all of the grassland, the people's Governments above the county level shall register and is responsible for conservation and management.
    Collectively-owned Prairie, registered by the people's Governments at the county level, and issuance of certificates of title, confirming ownership of Prairie.
    Changes of ownership of grassland, grassland changes in ownership registration formalities should be.
    12th legally registered the ownership and use of grasslands are protected by law, and no units or individuals may infringe upon it.
    13th collective grassland or to determine to the collective economic organizations of the State all the Prairie, by the family or lianhu contracted within the collective economic organizations.
    Prairie contracting period shall not use grasslands for contractors to adjust individual needs appropriate adjustment, must be approved by the members of the collective economic organizations (animal husbandry) Conference more than two-thirds members or two-thirds village (animal husbandry) agreed with the representative of, and township (town) people's Government approved and county administrative departments of the Prairie.
    The collectively-owned grassland or to determine to the collective economic organizations of the State all the grassland by the collective economic organizations outside the unit or individual contract, must be approved by the members of the collective economic organizations (animal husbandry) Conference more than two-thirds members or two-thirds village (animal husbandry) agreed with the representative of, and township (town) people's Government. 14th contracting Prairie, the employer and the contractor shall sign a written contract. Grassland contract contract should include both the rights and obligations of the contract, four to the Prairie line, size and grade, the period of the contract and the beginning and ending dates, contracted grassland use and liability.
    Expiry of the contracted period, the original contractors enjoy a right of priority under the same conditions.
    Contracted Prairie units and individuals shall perform the protection, development and agreed upon in the contract of obligation to use rational use of grassland.
    15th grassland contractual management rights are protected by law, and may be transferred in accordance with the principle of voluntary and paid according to law.
    Grassland contractual management right transfer the transferee must have the ability to engage in animal husbandry production and should fulfil its protection, building and agreed upon in the contract the obligation to use reasonable utilization of grassland. Grassland contractual management right transfer should be agreed by the employer.
    Contractor and the transferee specified in the contract of transfer, shall not exceed the original contract for the remainder of the term.
    16th Prairie title, right to dispute settled by the parties through consultation by the relevant people's Government.
    Disputes between units, dealt with by the people's Governments above the county level; disputes between individuals, between individuals and units from the township (town) people's Government at or above the county level people's Government.
    Party concerned disagrees with the decision of the people's Government, a people's Court according to law.
    Prairie dispute settlement, any party may not change the current situation of grassland utilization, may destroy the facilities on the steppe and steppe. 17th chapter planning State of grassland protection, construction and implementation of an integrated planning system.
    Prairie Administrative Department under the State Council in conjunction with the relevant departments of the State Council National Grassland protection, construction, planning, and submitted to the State Council for approval before implementation.
    Competent administrative departments of local people's Governments at or above the county level grassland in conjunction with the departments concerned on the basis level of protection, construction, planning and preparation of the administrative area of grassland protection, construction, planning, the people's Governments at the corresponding level for approval.
    Approval of grassland protection and construction, planning really necessary adjustments or modifications, subject to approval by the authorities.
    18th article prepared prairie protection, and construction, and using planning, should according to economy and social development planning and followed following principles: (a) improved ecological environment, maintenance biological diversity, promote Prairie of can continued using; (ii) to existing Prairie for based, adjusting measures to local conditions, and manpower planning, classification Guide; (three) protection mainly, and strengthening construction, and batch improved, and reasonable using; (four) ecological benefits, and economic, and social benefits phase combined.
    Article 19th grassland protection, development, use plan should include: objectives and measures of the grassland protection, development, use, function and the overall plan of the construction of the Prairie, the professional planning.
    Article 20th grassland protection and construction, planning should be dovetailed with the overall land-use planning, sand soil and water conservation and environmental protection planning, planning, planning, water resources planning, long-term forestry planning, master planning, village or town planning, coordination, and other related planning.
    21st grassland protection, development, use once the plan is approved, it must be strictly enforced.
    22nd State to establish grassland survey system.
    Competent administrative departments of people's Governments above the county level grassland Prairie investigation authorities on a regular basis; the grassland owners or users shall support and cooperate with the investigation, and provide relevant information.
    23rd State grasslands national grasslands of competent administrative authorities and the departments concerned under the State Council grading standards.
    Prairie administrative departments under the people's Governments above the county level grassland survey and grassland quality based on steppe grading standards, to comment on the grassland and gradation.
    24th national statistical system established grassland.
    People's Governments above the county level Prairie administrative departments and statistics departments at common grassland survey measures are formulated according to law on grassland area, level, yield, stocking rates and other statistics, regularly releases statistics on grassland.
    Prairie statistics are at all levels of people's Governments of grassland protection, construction and planning purposes.
    25th State to establish grassland production, ecological monitoring and early warning systems.
    Prairie Grassland by the Administrative Department of the people's Governments above the county level areas, levels, vegetation composition, production, natural, biological hazards, such as basic status dynamic monitoring of grassland, in time for the level of Government and relevant departments to provide dynamic-monitoring and early-warning information services.
    Construction of the fourth chapter 26th people's Governments above the county level shall increase the input grassland construction, support grasslands.
    State shall encourage units and individuals to invest in Prairie, in accordance with the principle of who invest, who benefit from the protection of grassland investment Builder's legal rights.
    27th the State encourages and supports the artificial construction of grassland, grassland improvement and forage base construction, stability and increased pasture productivity.
    28th people's Governments above the county level should support, encourage and guide farmers and herdsmen in grassland fencing, feed store, livestock pens, herdsmen's settlements and other production facilities of the building.
    Local people's Governments at or above the county level should support the Prairie construction of water facilities, water saving irrigation in development of grassland and improve drinking water conditions.
    29th the people's Governments above the county level shall be in accordance with the grassland protection, construction, planning, strengthen the construction of grass seeds bases to encourage breeding, introduction and promotion of fine varieties of grass. New varieties of grass grass varieties must be approved by the national certification Committee examined shall be formulated by the Administrative Department of grassland announcements before the promotion.
    Grass species are from abroad must be approved according to law. Prairie administrative departments of the people's Governments above the county level shall strengthen the grass seed production, processing, quarantine, inspection, supervision and administration, guarantee the quality of grass seed.

    30th fire the people's Governments above the county level should be systematically monitored, fireproof material reserve, prairie fire facilities and fire belt construction to ensure fire protection needs.
    31st to degradation, desertification, salinization, desertification and soil erosion of grassland, grassland protection, construction, local people's Governments at various levels shall, in accordance with use plan, delineation of the controlling area, organization of special treatment.
    Integrated grasslands management in large-scale, included in the national land management plans.
    32nd people's Governments above the county level should according to the grassland protection, construction, planning and arrangements in the plan for national economic and social development funds for grassland improvement, artificial grass and grass seed production, no unit or individual may intercept or misappropriate; financial Department of the people's Governments above the county level and auditing departments should strengthen supervision and administration.
    The fifth chapter 33rd contractors should make rational use of grassland Prairie, shall not exceed the approved by the Administrative Department of grassland grazing capacity; grassland contract operator shall grow and forage reserves, increased forage supply, dispensing process, optimization of livestock herd structure and increased slaughter rate measures to maintain grassland-livestock balance.
    Grassland grazing capacity standard and grassland-livestock balance management by Prairie Administrative Department under the State Council.
    Article 34th pastoral contract operator shall implement grazing on the grassland, the rational allocation of herds, balanced use of grasslands. 35th State advocates in rural areas, half rural, half in pastoral areas and conditions of pastoral animal in captivity.
    Grassland contract operator shall in accordance with the type and quantity of the livestock, transfer, Stockpiling forage, silage and fodder processing technologies, gradually changing grazing on natural grassland-dependent production.
    In the pastoral area of grassland grazing prohibition, grazing, wheels, the State imposed House feeding of food and financial aid, and the specific measures formulated by the State Council or authorized by relevant departments under the State Council.
    Article 36th competent administrative departments of local people's Governments at or above the county level grassland to cut grass and wild grass seed base should provide reasonable cut grass, seed and stubble height and tapping the strength and wheels cutting wheel production.
    37th encounter special situations such as natural disasters, need temporary transfers of grassland, in accordance with the principle of voluntary benefit from both sides negotiated settlement needs temporary transfers of grassland across County, by the relevant people's Government or the common higher level people's Governments at the county level consultations.
    Article 38th for mining and construction, should not or less accounted for Prairie; really necessary of expropriation or use grasslands, must be approved by the competent administrative Department for examination and approval of provincial-level people's Government above the Prairie, land management in accordance with the relevant laws, administrative regulations and approval procedures for construction purposes.
    39th due to expropriation of collectively owned by the construction of the grassland, shall, in accordance with the People's Republic of China land management Act provides for compensation due to construction of grasslands used by the State, shall, in accordance with the relevant provisions of the State Council on operators to grassland contractual compensation. Construction of expropriation or use grasslands shall pay grasslands vegetation restoration cost. Grassland vegetation recovery payments earmarked by the Administrative Department in accordance with the provisions for recovery of grassland steppe vegetation, no unit or individual may intercept or appropriate.
    Collection, use, and management of grasslands vegetation restoration cost approach, by the State Council Department in charge of price and financial departments of the State Council in conjunction with the grassland Administration Department under the State Council.
    40th of temporary occupation of grassland, local people's Governments at or above the county level shall be subject to approval by the Administrative Department of grassland.
    Temporary occupation of grassland may not exceed a period of two years, and are not allowed to build permanent structures on the temporary occupation of the grassland and structures to take expired, land must be restored grassland vegetation and returned immediately.
    41st built directly on the grasslands for grassland protection and livestock production facilities at the project, you need to use grasslands, approved by the Prairie administrative departments of the people's Governments above the county level; construction of other engineering, animal husbandry in grassland need to be converted into non-productive land, must apply for approval of construction land according to law.
    Directly referred to in the preceding paragraph for grassland protection and livestock production facilities at the project, means: (a) production, storage of grass seeds and forage feeding facilities, (ii) livestock pens, breeding points, shearing, medical baths, drinking water facilities, and (iii) research, experimentation and demonstration base and (iv) irrigation facilities and grassland fire prevention. Sixth chapter protecting 42nd national basic grassland protection system.
    Following Prairie should designated for basic Prairie, implementation strictly management: (a) important grazing field; (ii) cut grass; (three) for livestock production of artificial grass, and returning also grass and improved grass, and grass species base; (four) on regulation climate, and conservation water, and keep soil and water, and wind sand has special role of Prairie; (five) as national focus protection wild flora and fauna survival environment of Prairie; (six) Prairie Research, and teaching test base; (seven) State provides should designated for basic Prairie of other prairie.
    Basic grassland protection measures, enacted by the State Council.
    43rd State Council Administrative Department or the Prairie provinces, autonomous regions and municipalities in accordance with the relevant provisions in the nature reserve management establishment of grassland national nature reserve in the following areas: (a) the typical steppe type, (ii) the distribution area of rare and endangered species of wild fauna and flora, (iii) is of great ecological and economic value of the grassland.
    44th people's Governments above the county level shall strengthen grassland of rare and endangered wild plants and germplasm resources protection and management. 45th State imposed on prairie grass livestock and grassland-livestock balance system. Local people's Governments at or above the county level administrative departments shall, in accordance with the Prairie Prairie Grassland grazing capacity standards set by the Administrative Department of the State Council, combined with the situation on the ground, grassland grazing capacity authorized on a regular basis.
    People's Governments at all levels should take effective measures to prevent overgrazing. 46th prohibits reclamation of grasslands.
    Serious water and soil erosion, and desertification trends, the need to improve the ecological environment of cultivated grassland, cropland to grass should in a planned way; has led to desertification, salinization, desertification, should be prescribed period of time.
    47th article of serious degradation, desertification, salinization, desertification of grassland and Ecotone of grassland and grazing prohibition, grazing systems. 48th national support according to law of cropland and grazing, and grazing.
    Specific measures formulated by the State Council or the people's Governments of provinces, autonomous regions and municipalities. The State Council approved the plan's implementation of cropland to farmers and herdsmen, in accordance with the national provisions giving food, cash, grass allowance.
    Cropland is complete, competent administrative Department of the people's Governments above the county level grassland to verify registration, perform land use change procedures, issued Prairie ownership certificate.
    49th is forbidden in the desert and semidesert and severe degradation, desertification, salinization, desertification, soil erosion of grassland and Ecotone of grassland mining plants and other activities involved in destruction of grassland vegetation.
    50th on the Prairie soil, sand mining, quarrying and other activities should be reported to people's Governments at the county level Prairie administrative competent authority approval; exploitation of mineral resources, and shall go through the relevant formalities.
    Approved in the grasslands engaged in the activities set forth in the first paragraph of this article, shall, within the prescribed time, in the region, in accordance with the permitted excavation job, and to take measures to protect the grassland vegetation.
    In grasslands is used by others engaged in the activities set forth in the first paragraph of this article should also agree on the prior consent of the users of the grasslands.
    51st piece of grasslands planted forage or fodder crops, shall comply with the conservation and construction of grassland, use planning; local Prairie administrative departments of the people's Government at or above the county level shall strengthen the supervision and management, prevention of grassland desertification and soil erosion.
    52nd operating sex tours on the grasslands shall conform to relevant grassland protection and construction, planning, and prior consent of the competent administrative departments of local people's Governments at or above the county level grassland, before they can go through the relevant formalities.
    Business tourism activities in the Prairie, inviolability of contracted grassland owners, users and operators of the legitimate rights and interests, and may destroy the vegetation.
    53rd grassland fire prevention work to implement the policy of putting prevention first and combining prevention.
    People's Governments at all levels should establish grassland fire prevention responsibility system, provisions of grassland fire prevention, development of grassland fire prevention fire plans, do a grassland fire prevention and extinguishing work. 54th local people's Governments at or above the county level shall make Prairie rodents, pests and poisonous grass prevention and treatment organization and management.
    Local Prairie administrative departments of the people's Government at or above the county level shall take measures to strengthen grassland rodent pests, pests and poisonous grass monitoring, investigation and control work, organization and promotion of integrated approaches.
    Prohibition in the grasslands on the use of highly toxic, high residue and may lead to secondary poisoning of pesticides.
    55th apart from the motor vehicle of the rescue and relocation of herdsmen, prohibiting motor vehicles running off the road on a grassland, destruction of vegetation; engaged in geological exploration, scientific research and other activities is absolutely necessary to running off the road on a Prairie, shall submit to the county administrative departments of the Prairie region and routes programme, upon ratification, implementation.
    The seventh chapter 56th Department of grassland administration of supervision and inspection departments and grassland area of the larger provinces and autonomous regions, local people's Governments at or above the county level administrative departments to establish the Prairie Grassland supervision and administration, is responsible for implementation of the laws and regulations of the grassland supervision and inspection, to investigate the acts contrary to the grassland law, regulations. Grasslands and grassland supervision and administration by the Administrative Department should strengthen law enforcement team-building and improve the political and professional quality of grassland supervision and inspection personnel.
    Grassland supervision and inspection personnel shall faithfully and justly. 57th grassland supervision and inspection personnel when performing their duties of supervision and inspection, the right to take the following measures: (a) were checking units or individuals to provide documents and information about the ownership of Prairie, review or copying;

    (B) the requirements are checked on issues such as the ownership of units or individuals to the Prairie description, (iii) into the illegal photographs, videotaping and surveying the site, (d) order the inspected unit or individual to stop acts that violate the grassland law, regulations, comply with the statutory obligations.
    Article 58th Prairie Administrative Department under the State Council and provinces, autonomous regions and municipalities Prairie administrative departments, should strengthen the training and assessment of grassland supervision and inspection personnel.
    59th units and individuals in grassland supervision and inspection of supervision and inspection work should be given support and cooperation, and may not refuse or impede grassland supervision and inspection personnel perform their duties according to law.
    Supervisors and inspectors in the Prairie while performing their duties of supervision and inspection, shall produce to the inspected unit and individual law enforcement credentials.
    60th of acts contrary to the grassland law, regulations, shall make administrative processing, Prairie administrative departments concerned did not make a decision of administrative handling, superior administrative Department of grassland Prairie administrative right to order the authorities to make a decision of administrative handling or directly make a decision of administrative handling.
    The eighth chapter legal liability article 61st Prairie Administrative Department staff and other State organs relating to dereliction of duty, abuse of authority, does not perform its functions of supervision or that the violation is not investigated, resulting in serious consequences, constitute a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, shall be given administrative sanctions.
    62nd interception, misappropriation of grassland improvement, artificial grass and grass seed production funds or grasslands vegetation restoration cost, which constitutes a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, shall be given administrative sanctions. 63rd to approve expropriation, use Prairie units or individuals illegally approved the expropriation or use of grassland, beyond the approved illegally approved the expropriation or use of grassland, or violation of the procedure prescribed by law approved the expropriation, the use of grasslands, constitute a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, shall be given administrative sanctions. Illegally approved the expropriation or use of grassland file is invalid.
    Illegally approved the expropriation or use grasslands shall withdraw, the party refused to return, be punished as illegal use of grasslands.
    Illegally approved the expropriation, grassland, loss caused to a party shall bear liability.
    64th sale or other forms of illegal transfer of grassland, constitute a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, by Prairie administrative departments of the people's Governments above the county level based on the terms of reference of the rectification, confiscate the illegal income and illegal gains more than 1 time fined not more than five times. 65th article without approved or take cheat means cheat approved, illegal using Prairie, constitute crime of, law held criminal; is enough criminal punishment of, by County above Government Prairie administrative competent sector according to terms ordered returned illegal using of Prairie, on violation Prairie protection, and construction, and using planning unauthorized will Prairie to construction with to of, deadline demolition in illegal using of Prairie Shang new of buildings and other facilities, recovery Prairie vegetation,
    And grassland have been illegally used the first three years of an average output of up to six times more than 12 times the fine.
    66th article illegal reclamation Prairie, constitute crime of, law held criminal; is enough criminal punishment of, by County above Government Prairie administrative competent sector according to terms ordered stop violations, deadline recovery vegetation, confiscated illegal property and illegal proceeds, and at illegal proceeds 1 time times above five times times following of fine; no illegal proceeds of, and at 50,000 yuan following of fine; to Prairie owner or using who caused loss of, law bear compensation responsibility. 67th article in desert, and half desert and serious degradation, and Sandy, and salinization, and rocky of, and soil erosion of Prairie, and ecological vulnerable district of Prairie Shang excavation plant or engaged in damage Prairie vegetation of other activities of, by County above place Government Prairie administrative competent sector according to terms ordered stop violations, confiscated illegal property and illegal proceeds, can and at illegal proceeds 1 time times above five times times following of fine; no illegal proceeds of, can and at 50,000 yuan following of fine
    ; Losses caused to a grassland owners or users shall bear the liability.
    68th article without approved or not according to provides of time, and regional and excavation way in Prairie Shang for mining soil, and mining sand, and quarrying, activities of, by County Government Prairie administrative competent sector ordered stop violations, deadline recovery vegetation, confiscated illegal property and illegal proceeds, can and at illegal proceeds 1 time times above twice times following of fine; no illegal proceeds of, can and at 20,000 yuan following of fine; to Prairie owner or using who caused loss of, law bear compensation responsibility. 69th article violation this method 52nd article provides, unauthorized in Prairie Shang carried out business sex tourism activities, damage Prairie vegetation of, by County above place Government Prairie administrative competent sector according to terms ordered stop violations, deadline recovery vegetation, confiscated illegal proceeds, can and at illegal proceeds 1 time times above twice times following of fine; no illegal proceeds of, can and at Prairie was damage Qian three years average output six times times above 12 times times following of fine; to Prairie owner or using who caused loss of,
    Shall bear the liability for damages.
    70th article non-rescue relief and herdsmen relocation of motor vehicle car left road in Prairie Shang driving or engaged in geological exploration, and Science study, activities not according to confirmed of driving regional and driving route in Prairie Shang driving, damage Prairie vegetation of, by County Government Prairie administrative competent sector ordered stop violations, deadline recovery vegetation, can and at Prairie was damage Qian three years average output three times times above nine times times following of fine; to Prairie owner or using who caused loss of, law bear compensation responsibility.
    71st in the temporary occupation of the construction of permanent buildings and structures on the grasslands, local people's Governments at or above the county level shall ex officio by the Administrative Department shall be ordered to dismantle the Prairie; fails to dismantle, torn down according to law, the costs borne by the offender.
    Temporary occupation of Prairie, occupation period, land is not restoring grasslands, local people's Governments at or above the county level administrative authorities ex officio ordered to restore the Prairie; fails to recover, by a competent administrative departments of local people's Governments at or above the county level grassland restoration, the costs borne by the offender.
    72nd without approval, arbitrarily change the grassland protection and construction, planning, the people's Governments above the county level rectification; directly responsible and other persons directly responsible shall be given administrative sanctions.
    73rd in violation of the provisions of this law concerning grassland-livestock balance system, livestock more than approved by the competent administrative departments of local people's Governments at or above the county level grassland grassland grazing capacity of standard correction or punishment measures by provinces, autonomous regions and municipalities directly under the Standing Committee of the national people's Congress or its provisions.
    Nineth chapter supplementary articles article 74th says in the second paragraph of article II of this law of natural grassland, including meadows, hills and grassy slopes, artificial turf composed of grassland and farmland to grassland, excluding the urban grassland.
                75th article this law shall enter into force on March 1, 2003.