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In Shaanxi Province, The Implementation Of The Ordinance On Land Reclamation Methods

Original Language Title: 陕西省实施《土地复垦条例》办法

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Modalities for the implementation of the Land Rehabitation Regulations in the Province of Chungi

(Adopted by the Government of the province at its 19th ordinary session, in 2013, the People's Government Order of 29 November 2013, issued effective 1 December 2013)

Article 1 implements the State Department's Land Rehabation Regulation (hereinafter referred to as the Regulations) and develops this approach in the light of the practice of the province.

Article 2

Article 3. Production-building activities undermine land and reclaimed by productive units or individuals (hereinafter referred to as land reclaimers).

Article IV. Governments of more people at the district level should strengthen the organizational leadership of land reclaiming, responsible for organizing historical loss of land, damage to natural disasters and reclaims of abandoned land due to natural disasters.

Article 5 Specific responsibilities are:

(i) Preparation of specific planning for land reclaims at this level;

(ii) Examination of the number, type, distribution status and rights of land reclaimers in this administrative area;

(iii) Review of land reclaim programmes for productive construction projects;

(iv) Inspection of land reclaims with the relevant sectors, and access to land reclaim projects;

(v) Monitoring the use of land reclaim funds;

(vi) Confirmation of the right to reclaim land;

(vii) Establish a land recovery monitoring system;

(viii) Other land reclaiming responsibilities under the law.

More than the population at the district level develops and reforms, finance, environmental protection, housing and rural and urban construction, transport, water, agriculture, forestry, etc., in accordance with this approach and their respective responsibilities.

Article 6

Article 7. The authorities of the Land Resources of the Government of the Territory at the district level should establish a land re-recovery monitoring system, specifying the responsibility of the land reclaimer and the monitoring responsibilities of the authorities, monitor procedures, and keep the land destroyed and the effects of land reclaims in a timely manner.

Article 8. Activities such as the preparation of land reclaim programmes, the implementation of land reclaiming works and the conduct of land reclaims should be subject to national standards or industrial standards.

Article 9. Land reclaim programmes developed by land reclaimers should be in line with land reclaim standards, the Land Rehabation Program Formation and the relevant provisions of this province.

Article 10. When the land reclaimer is governed by the law to proceed with the construction of land applications or the mining rights application, it should be sent to the Land Resources Authority of the Government of the Territory at the district level to the production-building project.

Prior to the implementation of the Regulations, land reclaimers should complete the supplementary preparation of land reclaiming programmes within one year of the date of implementation of the scheme and report the review of the land resource authorities.

Article 11. Land reclaim project designs prepared by land reclaimers and programme units prepared by land reclaimers should be fully consulted, in particular with respect to land rights, the use of persons' opinions, and accompanying notes that the public opinion has been sought or has not been adopted, and the review of the Land Resources Authority. The Land Resources Authority shall not be admissible without public opinion.

Experts should be organized following the receipt by the authorities of the Land Resources of the Government of the Territory at the district level of the land reclaim programme. The review should be completed within 20 working days of the date of receipt and the Land Rehabitation Programme Review.

Article 13. Land reclaimers shall carry out land reclaims in accordance with the provisions of the Regulations and this approach. In accordance with the review of the post-rehabitation programme, construction of engineering planning, implementation of land reclaim costs, detailed construction progress and organization of project implementation.

Article 14, paragraph 1, of the Regulations provides that the land reclaimer shall report to the territorial Government resource authorities of the project's location, in accordance with Article 17, paragraph 1, of the Regulations, on land degradation, land reclaim costs and land reclaims. The Land Rehabation Programme, which is reviewed by the parentland resource authorities, is verified and reported by the Land Resources Authority of the People's Government at the district level of the project.

Article 15

(i) The inclusion of land reclaim costs in production costs or overall investment in construction projects;

(ii) Recovering annual financial arrangements and use of land;

(iii) Land reclaim engineering management, custodial and monitoring;

(iv) Progress in land recovery and its quality;

(v) Rehabitation of land;

(vi) Other cases provided for in the legislation.

Article 16

(i) The territorial resource authorities of the district (market, area) are responsible for the administrative areas of the district;

(ii) The administrative area of the trans-zone (communes, areas) is responsible for the establishment of municipal land resource authorities;

(iii) The municipal administration area across the area is the responsibility of the provincial land resource authorities.

The Land Resources Authority of the Government of the above-ranking population should conduct an annual overview of the evaluation of land degradation and natural disasters, as well as reporting to the same-level people's governments and superior authorities.

The Land Resources Authority at the district level should, on the basis of the survey evaluation, prepare specific land reclaiming plans based on the overall land-use planning, identify priority areas for reclaiming and reclaimed objectives and requirements, and organize implementation by the Government of the Bench people upon approval.

Article 18 Government investments have been reclaimed, and the Land Resources Authority shall prepare a land reclaim project design in accordance with the Land Development Consolidation Project Design Guidelines, specifying the location, area, objectives, engineering planning, implementation progress and completion deadlines.

Land Rights Defenders reclaim their own reclaims or social investments, and the Land Recovery project design report is responsible for organizing the review of their consent by the Land Resources Authority responsible for the implementation of the land reclaim project.

The authorities responsible for organizing the implementation of land reclaimed projects should complete the review within 20 working days of the date of receipt and give written review observations.

In accordance with article 28 of the Regulations, the authorities of the Land Resources shall draw expert participation on the basis of the knowledge required to receive the knowledge structure. Preliminary findings should be made available to landowners, land-users, land contractors operators, home-based users, local operators and other relevant rights advocates, including through the Government website, to ensure the informed rights of the people. The receipts of the licensee are preserved by law and land reclaimers are held accountable.

Article 20 provides for a follow-up evaluation of the effects of land reclaims, in accordance with article 31 of the Regulations, and shall be evaluated in accordance with cropland, parking, forestland, grassland and other agricultural land reclaimed properties, depression, coverage, ecological rehabilitation. Follow-up evaluation is carried out in accordance with national provisions and provides advice and measures to improve the quality of land to land reclaimers or land reclaimer units.

The land reclaimer shall give priority to the rehabilitation of land destroyed by productive construction activities; reclaimed land after-rehabited arsenal and land area for up to three consecutive years; reclaimed by the land reclaimer or reclaimed by the land resource authorities.

Article 21, the land reclaimer shall, within the prescribed time period, reclaim the restitution of the land in which it has been paid in accordance with the provisions of the national tax laws and regulations. In order to increase land use values after the destruction of land reclaims, reclaims were granted by the Government of the communes, districts (markets, areas).

Article 2 reclaims of land rights or changes in use, and the Government of the communes, districts (communes) should conduct, in accordance with the law, changes in the registration certificate.

Article 23, in violation of article 20 of this approach, rejects the adoption of opinions or measures, which is being rectified by the responsibility of the land-use resource authorities, with a fine of more than 500,000 dollars; the responsible person constitutes a violation of the security administration, punishable by law by the public security authority; the responsible person constitutes an offence and is liable to criminal responsibility under the law.

Article 24 violates other acts provided for in this approach, and the provisions of the law are punishable.

Article 25