Land Reclamation Regulations Implementing Measures

Original Language Title: 土地复垦条例实施办法

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Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/gwybmgz/201303/20130300385424.shtml

Land reclamation regulations implementing measures

    (Announced December 27, 2012 the Ministry the 56th as of March 1, 2013) Chapter I General provisions

    First in order to ensure the effective implementation of land reclamation, land reclamation under the Ordinance (hereinafter regulations), these measures are formulated.

    Second reclamation of land reclamation should be considered after land-use social, economic and ecological benefits.

    Damage to farmland from production and construction activities, can be reclaimed for cultivation, should give priority to reclamation for cultivation.

    Third land and resources authorities above the county level should make it clear and to equip fulltime staff of specialized agencies responsible for supervision and administration of land reclamation.

    Land and resources authorities above the county level shall strengthen the reform, finance, urban and rural planning and development, railways, transportation, water conservancy, environmental protection, agriculture, forestry and other sectors of cooperation and industry guidance and supervision.

    Superior land and resources departments should strengthen the subordinate land reclamation work in land and resources administration supervision and guidance.

    Article fourth except as provided in article sixth, but land reclamation carried out investigation and preparation of the planning and design of land reclamation, land reclamation projects, implementing land reclamation engineering quality and cost control, evaluation activities such as land reclamation, land management should also comply with the relevant national standards and industry standards.

    Provincial land and resources department can be combined with local conditions, complementary system within their respective administrative areas of land reclamation and cost criteria.

    Fifth land and resources authorities above the county level should establish information management system for land reclamation, land and resource use monitoring platform, dynamic monitoring of land reclamation, timely collection, compilation, analysis and dissemination within the administrative area of land damaged, land reclamation and other data information.

    Chapter II production and construction activities of damaged land reclamation

    Article sixth regulations article tenth production and construction projects, land reclamation obligation shall at the time of construction land application or when mining right application procedures, according to the Ministry of land and resources of the land reclamation requirements of the programming procedures, organize preparation of the land reclamation programme, relating to the materials submitted for approval to land and resources administration review.

    Bear the relevant construction land review and approval of mining rights in land and resources departments in charge of land reclamation land reclamation scheme obligation to submit for review.

    Article seventh before the implementation of the Ordinance has provided land for construction procedures or for mining licences, to continue production after the commencement of land damage from construction activities, land reclamation obligations shall, within one year from the date of implementation of these measures completed additional preparation of land reclamation programmes reported on the land and resources administration review.

    Eighth land reclamation programme is divided into land reclamation programme reports and land reclamation programme report. According to law by the people's Governments above provincial level approval of construction land and construction projects, as well as land and resources authorities above the provincial level for examination and registration of mining projects, shall prepare a report on land reclamation programme.

    Other projects to prepare land reclamation programme report.

    Nineth production of the long construction period, the need for land reclamation in stages of production and construction projects, land reclamation programmes should include land reclamation plan and the annual implementation plan phase.

    Cross county (municipal and district) domains of production and construction projects, should be attached in the land reclamation programme in the County (city, district) for the land reclamation programme.

    Stages of land reclamation planning and County (city, district) for land reclamation in land reclamation programmes should be clear goals, tasks, positions, measures, budget, project planning and design, and so on.

    Tenth on the land and resources administration after accepting an application for land reclamation programme review should organize experts to demonstrate. According to the expertise required to demonstrate structure, selected from the database of land reclamation experts. Experts with the land reclamation scheme the applicant, or have a stake in the project, should be offered to withdraw.

    Land reclamation scheme the applicant can also apply to these land and resource administration experts avoid. Land reclamation scheme the applicant or an interested person may, in accordance with the provisions of the regulations on disclosure of Government information, inquiries related to land and resources administration application to expert opinion.

    Relating to land and resources departments should provide query results. 11th after land reclamation programme adopted by the experts, by the land and resources Department for final review.

    Meet the following conditions in order to review:

    (A) land-use clear;

    (B) the damage analysis and prediction of land science;

    (C) land reclamation objectives, tasks and use reasonable measures available;

    (D) reasonable land reclamation cost estimates, plans to clear the stored and use and in accordance with the requirements of this regulation;

    (E) the science that the land reclamation plans, safeguards available;

    (Vi) land reclamation programme had been consulted and adopting reasonable suggestions. 12th programmes by examining in land reclamation, land reclamation obligations relating to land and resources departments to issue land reclamation programme review submissions.

    Land reclamation programme review written submissions shall include these measures the contents of the article 11th. Failed the review of land reclamation programmes, relating to land and resources departments should notify the duty of land reclamation to make corrections.

    Overdue correction, no approval for land for construction or mining-related procedures.

    13th due to land reclamation obligations production construction project land location, scale and other changes, extended change area or mining projects, a major content change, shall, within three months to modify the original land reclamation scheme, land and resources administration review of the original review.

    Land reclamation obligations in accordance with this approach in article 14th seventh, 13th article staffing or modifying the land reclamation programme in accordance with regulation article 20th.

    15th before land reclamation obligation in the implementation of the land reclamation works and land reclamation programmes should be based on the review by the planning and design of land reclamation, land reclamation programme and submit County land reclamation planning and design departments of land and resources.

    16th section land reclamation obligations shall be in accordance with the requirements set out in section 15th of the Ordinance, and damaged land County land and resources departments in land reclamation costs specifically agreed upon by the bank account, amount of funds determined according to the land reclamation programme, land reclamation land reclamation costs in full in the special account of the stored charge.

    Stored land reclamation costs follow the "all duties on land reclamation, land and resources administration regulation, special account funds earmarked for storing" principle.

    Article 17th land reclamation obligations should and damage to land the County land and resources Department of land reclamation cost supervision, the Bank signed an agreement, in accordance with the principles set out in these measures of land reclamation cost saving and use of time, amount, procedures, conditions and liability.

    Land reclamation costs regulatory agreements have the force of law by the parties.

    18th land reclamation obligations should be stored in one month before the start of the project of land reclamation costs.

    Land reclamation obligations in accordance with the article seventh supplement land reclamation programme shall, within one month of land reclamation programme by reviewing stored land reclamation costs.

    Land reclamation obligations provided by this article 13th modified land reclamation scheme, already stored on less than of land reclamation, land reclamation programme should make up any difference in costs after review by a month.

    19th land reclamation cost stored one-off deposits and installment deposits in two ways.

    Production in construction period of three years the following projects, land reclamation costs should be stored once in full. Production over a three-year construction period of the project, land reclamation costs for inspection can be stored, but the amount of deposits for the first time land reclamation costs shall not be less than the total amount of 20%.

    Balances according to the programmes of land reclamation land reclamation costs prepaid plan prepaid, stored in the production and construction activities before the end of year is completed.

    20th Ordinances prior to the implementation of mining projects in accordance with the regulations deposited with the land and resources Department of mines geological environment treatment recovery deposit is included in the cost of land reclamation, land reclamation obligations can apply to the local land and resources departments and approval is true, can no longer be stored by a corresponding amount of land reclamation costs. 21st land reclamation obligations should be determined according to the land reclamation programme work plans and land reclamation costs-use plans, apply to the damaged land County land and resources departments issue notice of withdrawal land reclamation costs.

    Land and resources departments at the county level shall issue a notice of withdrawal land reclamation costs within the 7th.

    Land reclamation obligations with notice of withdrawal land reclamation costs, drawn from the special account for land reclamation costs land reclamation costs, for use in land reclamation.

    22nd land reclamation obligations shall be in accordance with regulations article 17th December 31 of each year, report to the local land and resources departments at the county level before land reclamation obligations for that year, including the following:

    (A) the annual damage to land, including land damages, class, location, ownership, size, degree, etc;

    (B) the annual cost deposits, the use and management of land reclamation;

    (C) the annual implementation of land reclamation, include reclaiming class, location, size, ownership, the main reclamation measures, engineering etc;

    (D) other contents of the annual report of the Department of land and resources.

    Land reclamation in land and resources departments at the county level shall strengthen the obligation to report compliance supervised and verified, and can be based on land reclamation obligations public annual reports in the portal site.

    23rd County land and resources departments should strengthen supervision and administration of land reclamation land reclamation costs for duty use, land reclamation costs found to be used in accordance with the provisions of, regulation can be used according to land reclamation fee agreement shall be subject to duty in land reclamation for breach of contract.
Article 24th land reclamation duties in production and construction activities should follow the "protection, prevention and control, combining production and construction and reclamation" principle, take the following measures to prevent and control:

    (A) may be damaged cropland, woodland, grassland, overburden, tiered storage, and hierarchy backfill, used in reclaimed land soil improvement. Thickness of overburden should be according to the relevant technical standards, according to the actual situation.

    Overburden should be synchronized prior to production and construction, or;

    (B) opencast mining, fire bricks, sand-dredging soil, gravel, building railways, roads, irrigation works, and shall reasonably determine the Earth's location, scope, depth and stacking of the location, height, and so on;

    (C) construction of underground mining or drainage pumping underground water, to cause surface subsidence or land subsidence in special section should be taken, such as filling, setting protection pillars and other engineering methods and restrictions, the prohibition of measures such as the exploitation of groundwater;

    (D) prohibited in accordance with the provisions of emissions, waste water, waste, ash, waste oil, and so on.

    25th land reclamation obligations should be on production and construction activities damaging the land size, land reclamation and reclamation process quality effect full implementation of control, land reclamation, and upon the acceptance of reclaimed land to take management measures to ensure land reclamation effectiveness. Article 26th duty according to law the transfer of mining rights on land reclamation or land use rights, land reclamation obligation transferred.

    But the original land reclamation obligations should complete land reclamation obligations are not fulfilled unless it is completed by.

    Original land reclamation obligations are already stored on land reclamation costs and failing to complete the completed land reclamation obligations, and obligations of the original land reclamation and new land reclamation obligation specified in the contract of assignment.

    New land reclamation obligations shall again and damaged land where land and resource departments, land reclamation costs for bank supervision agreement.

    Chapter legacy of damaged land and natural disasters damaged land reclamation

    27th damaged land and land survey evaluation of natural disaster damage left over from history, should include the following:

    (A) investigation of damaged land, including the type, location, size, ownership, type of damage, damage characteristics, causes of damage, damage, pollution, natural, social and economic conditions, etc;

    (B) damage to land reclamation suitability evaluation, including the potential for damage, reclamation, utilization and ecological effects on the environment;

    (Iii) land reclamation and benefits analysis, including social, economic and ecological benefits.

    28th article that meets the following conditions, local land and resources departments at the county level shall be identified as damaged land left over from history:

    (A) duties of land reclamation land of loss of damage to production and construction activities;

    (B) the implementation of the provisions of land reclamation land previously damaged production and construction activities. Article 29th County land and resources administration damaged land left over from history should be the results shall be published, the notice period of not less than 30th.

    Land reclamation obligations who disagrees with the findings, can apply to the land and resources departments at the county level for review. Land and resources departments at the county level shall, from the date of receipt of the application for review in the 30th to respond.

    Land reclamation obligations people, upward level of land and resources authorities for adjudication.

    Level of land and resources authorities found on County land and resources authorities found that the result was not in conformity with the provisions, it may order the County land and resources Administration reconsider.

    Article 30th special land reclamation plan should include the following:

    (A) analysis of land reclamation potential;

    (B) land reclamation of the principles, goals, tasks and scheduling;

    (C) land reclamation and utilization of reclaimed land in key areas;

    (D) the delineation of the land reclamation project, reclamation and land use layout and distribution;

    (E) calculation of land reclamation funds, funding modalities and funding arrangements;

    (F) the expected economic, social and environmental benefits;

    (VII) safeguard measures of land reclamation.

    Land reclamation planning can be based on the actual situation into land management planning.

    Land reclamation planning of such amendment shall be in accordance with the provisions of section 22nd level people's Government for approval.

    31st local land and resources departments above the county level should be based on land reclamation planning the development of annual plans for land reclamation, land reclamation work, systematic organization of the year.

    Article 32nd 23rd Ordinance of historical damage and natural disasters damaged land reclamation funding sources, including the following funds:

    (A) land reclamation;

    (B) reclaim fee of cultivated land;

    (C) land use fees for new construction;

    (D) land revenue for agricultural development;

    (E) can be used for local retention part of land reclamation of arable land occupation tax;

    (Vi) other funds can be used for land reclamation.

    The fourth chapter land reclamation acceptance

    Article 33rd land reclamation obligation after completion of land reclamation task and self-examination should be organized and submitted to the local land and resources departments at the county level acceptance of a written application and the following materials:

    (A) the inspection report and related maps;

    (B) planning and design implementation report;

    (C) quality assessment reports;

    (D) detection and other reports.

    34th production more than five-year construction period of the project, applications for land reclamation acceptance of duties can be raised in stages, responsible for land and resources administration of the classification acceptance inspection.

    Stages of acceptance by the local land and resources departments at the county level are responsible for organizing, overall acceptance by reviewed by departments in charge of land and resources of the land reclamation programme organization or Commission departments of land and resources.

    35th is responsible for acceptance of land and resources department in conjunction with the agriculture, forestry, environmental protection and other relevant departments, invited experts and representatives of the rural collective economic organizations, according to the land reclamation programme, the stages of land reclamation plan, to acceptance of the following:

    (A) land reclamation plan goals and tasks;

    (B) the planning, design and implementation;

    (Iii) reclamation project quality and quality of cultivated land;

    (D) land tenure management, archive management;

    (E) project management measures. Article 36th land reclamation phase after acceptance and overall acceptance forms the preliminary results, is responsible for acceptance of land and resources departments should notice in the project sites, listen to the views of the relevant right holder.

    Notice of not less than 30th.

    Disagrees with the results of the related land rights on acceptance, to organize during the notice period and acceptance of land and resource administration in writing. Land and resource administration shall, from the date of receipt of the written complaint within 15th in conjunction with the related sectors such as agriculture, forestry, environmental protection verification and feedback form verification conclusions related to land rights.

    Dissent is true, views should also be made to the land reclamation obligations reform and rectification. 37th land reclamation phase of general acceptance or acceptance, check the Department of land and resources issued in accordance with section 29th stage or general acceptance confirmation.

    Confirmation of acceptance shall contain the following particulars:

    (A) land reclamation project profiles;

    (B) damage to land;

    (C) the completion of land reclamation;

    (D) the problems existing in land reclamation and improvement suggestions, comments;

    (V) the acceptance of the conclusion. Article 38th land reclamation obligation in the new land, apply for new mining permits or when applying for a mining permit continuation, modification and cancellation shall be due in accordance with this regulation the confirmation of acceptance of the completed land reclamation project or land reclamation fees payment credentials.

    Not providing related materials, according to the 20th article of the Bill, relating to land and resources administration review and go through the relevant formalities.

    39th government investment after the completion of land reclamation project, responsible for organization and implementation of land reclamation project preliminary acceptance of the land and resources administration, inspection procedures and requirements, in accordance with the methods provided, according to sources and corresponding management of project implementation.

    After the testing is completed, in accordance with the section 30th final acceptance and in accordance with the confirmation of acceptance issued by the 37th article of these measures.

    Land and resources administration after the completion of the reclamation project, acceptance in accordance with the provisions of this article.

    40th land rights on their own reclamation or reclamation of land reclamation project after the completion of the social investment, for acceptance by the local land and resources departments at the county level, the acceptance procedures and requirements in accordance with the provisions of these measures.

    Land reclamation in the fifth chapter incentive

    41st duty production and construction activities on land reclamation damaged farmland, woodland, pasture and other agricultural land reclamation and restoration to its original purpose, in accordance with regulation article 32nd, with confirmation of acceptance to the Department in charge of land and resources issued by the County to return farmland occupation tax application. Truth of the audited, County land and resources departments should land reclamation obligations to issue opinions in the 15th.

    Land reclamation obligations through opinions issued by the competent Department of land and resources to the appropriate authority for the returned farmland occupation tax formalities.

    42nd by the social investment historical damage and damage to land reclamation for cultivation of natural disasters, inter alia dealt with in accordance with section 33rd, belonging to the non-reclamation of arable land to cropland, and reported to the provincial land and resources Department of acceptance review consent, can be used as a supplement to the present provinces, autonomous regions and municipalities directly under the indicator of cultivated land, city and county governments can buy indicator. Article 43rd invested by local people's Governments at or above the county level historical damage and natural disasters damaged land reclamation for cultivation, and reported to the provincial land and resources Department of acceptance review agreed, in accordance with article 35th of the Ordinance can be used as the provinces, autonomous regions and municipalities directly under the supplementary index of arable land.

    But using the new construction land use fees paid except for land reclamation.

    Belongs to the rural collective land reclamation shall be delivered to farmers after use.
Supervision and administration of land reclamation in the sixth chapter

    44th land and resources authorities above the county level shall take annual inspections, special forms such as routine check, online verification, monitoring and land reclamation activities in their respective administrative regions carry out supervision and inspection, and may take the following measures:

    (A) requesting the parties to reflect under inspection and provide relevant documents, data and electronic data;

    (B) require the inspected party comment on the issues related to land reclamation;

    (C) to enter the land reclamation site survey;

    (D) ordering the inspection party to stop violating the rules of conduct.

    45th land and resources authorities above the county level should be on the portal site to the public in a timely manner within their respective administrative areas of land reclamation regulations, technical standards, land reclamation project of land reclamation planning, scheduling and land reclamation land reclamation programme review, results and other significant matters.

    Article 46th local land and resources departments at and above the county level shall through the backbone of land and resources and other land within the administrative area of the damage on an annual basis, the land reclamation work of escalation.

    Superior land and resources administration of subordinate departments implement laws and regulations on land reclamation of land and resources, land reclamation obligations, land reclamation efficiency of performance evaluation.

    47th land and resources authorities above the county level should be specialized management of archives of land reclamation, land reclamation monitoring use of funds for land reclamation programme, agreements, land reclamation acceptance materials, land reclamation and land reclamation project plans implementation reports and other information files and electronic data storage and management.

    48th reclaimed piece of land ownership and use is changed, it shall go through the procedures of land registration.

    The seventh chapter legal liability

    49th article 36th sixth regulations of other favoritism, abuse their powers, neglect their duties, including the following:

    (A) in violation of these regulations article 21st, does not meet the requirements of duty to issue notice of withdrawal land reclamation costs of land reclamation or land reclamation obligations to meet the required conditions of people without good reason is not issued within the prescribed notice of withdrawal land reclamation costs;

    (B) disobey 41st article does not meet the requirements of the applicant to return farmland occupation tax advice or to applicants who meet the required conditions is not issued within the prescribed time without good reason to return farmland occupation tax;

    (C) other acts that violate the provisions of the Ordinance and these rules.

    50th land reclamation obligations are not in accordance with these measures article 15th land reclamation programme, land reclamation planning and design departments of land and resources of the County, the local land and resources departments at and above the county level shall order correction within; it fails, penalty shall be imposed in accordance with section 41st.

    51st land reclamation obligations are not in accordance with this article 16th, 17th, 18th, 19th in advance to save costs in land reclamation, land and resources authorities above the county level rectification; fails, penalty shall be imposed in accordance with section 38th.

    52nd land reclamation obligations are not in accordance with these measures article 25th land reclamation carried out quality control and management measures are taken, local land and resources departments at and above the county level rectification; fails, penalty shall be imposed in accordance with section 41st.

    The eighth chapter by-laws

    53rd uranium radioactive mining projects, such as land reclamation in the specific measures, developed separately by the Ministry of land and resources. 54th these measures come into force on March 1, 2013.