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

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201506/20150600399617.shtml

In Shaanxi Province, the implementation of the Ordinance on land reclamation methods

    (2013 adopted at the 19th meeting of the provincial government since its November 29, 2013, Shaanxi Provincial people's Government order take effect on December 1, 2013) first the land reclamation regulations for the implementation of the State Council (hereinafter referred to as the regulations) and the facts of the province, these measures are formulated.

    Second provincial land reclamation and related management activities within the administrative areas, these measures shall apply.

    Article production and construction activities, damage to land, according to the "who destroyed, whose reclamation" principle, by the construction of production units or individuals (hereinafter referred to as land reclamation obligations) is responsible for reclamation.

    The fourth people's Governments above the county level shall strengthen leadership on land reclamation work, is responsible for organizing a historical natural disaster damaged land, damaged as a result of natural disasters caused by village reconstruction and relocation of abandoned land reclamation. Fifth land and resources authorities above the county level shall be responsible for the supervision and management work of land reclamation in the administrative area.

Specific duties:

(A) preparation of the land reclamation planning;

(Ii) survey of damaged land within their respective administrative areas the number, types, distribution, ownership, and establish the land reclamation account;

(C) review of the production and construction projects land reclamation programme;

(D) in conjunction with the relevant departments to check the land reclamation, land reclamation project acceptance;

(E) supervision and land reclamation in the use of funds;

(F) confirm comments on the reclaimed land ownership;

(VII) establish a land reclamation monitoring system;

(H) land reclamation in other duties stipulated by laws and regulations.

    Development and reform, the people's Governments above the county level financial, environmental protection, housing and urban-rural development, transport, water conservancy, agriculture, forestry and other sectors in accordance with the rules and land reclamation work in their respective duties.

    Sixth provincial land and resources Department of land reclamation management information system should be established to collect, summarize and publish information on land reclamation.

    Seventh people's Governments above the county level land reclamation departments shall establish a monitoring system of land and resources, land reclamation obligations responsibility monitoring responsibilities, monitoring procedures and authorities, to grasp the damage and effect on land reclamation of land and so on.

    Eighth land reclamation programme, implementing land reclamation, land reclamation and acceptance activities, shall comply with the State standards or industrial standards.

    Nineth duties for land reclamation programmes of land reclamation, land reclamation shall comply with the standards, the land reclamation programme preparation of the relevant provisions of the Statute and the province.

Tenth land reclamation obligations according to construction land application or when mining right application procedures should be submitted to departments of land and resources of the people's Governments above the county level production and construction projects land reclamation programme.

    Before the implementation of the Ordinance has provided land for construction procedures or obtain a mining permit, after the coming into force of the regulations to keep on producing 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. 11th reclamation obligations for land reclamation programmes and projects for land reclamation project design document should be sufficient public comment, in particular, to listen to people, an interest in land use, and attached to the public comment instructions adopted or not adopted, land and resources administration review.

    Without public comment, land and resources administration shall not be accepted. 12th people's Governments above the county level land and resources administration after receiving the land reclamation programme, should organize experts to demonstrate.

    Processed, should be completed within 20 working days from the date of receipt of review, and issued land reclamation programme review submissions. 13th land reclamation obligations should be in accordance with the Ordinance and the regulations, carried out land reclamation work.

    According to the review of the land reclamation programme, preparation of project planning and design, implementation of land reclamation costs, refining the construction progress and project implementation. 14th land reclamation obligations in pursuance of the Ordinance the 17th article submitted to the land that year damaging usage, land reclamation and land reclamation project implementation shall be made to the local people's Governments at the county level report of the Department of land and resources.

    Is the superior land and resources administration review of the land reclamation programme projects by local land and resources departments to verify and report to the people's Government at the county level.

15th people's Governments in charge of land and resources authorities above the county level shall, in accordance with the following circumstances to supervise land reclamation:

(A) land reclamation costs included in the cost of production or construction projects with a total investment of;

(B) annual funding arrangements and the use of land reclamation;

(C) land reclamation project management, supervision and monitoring;

(D) land reclamation project and its quality;

(E) management of the land reclamation works;

    (Vi) other circumstances as stipulated by laws and regulations.

16th people's Governments above the county level departments of land and resources on historical and natural disaster damage investigation and evaluation of the land in accordance with the following conditions:

(A) the counties (cities, districts) within the administrative area of county-level departments in charge of land and resources;

(B) the cross-county (municipal and district) Administrative District established by the municipal departments in charge of land and resources;

(C) cross city administrative area divided into districts by the provincial departments in charge of land and resources.

    Competent departments of land and resources of the people's Governments above the county level should damage to the historical land and damaged land investigation and assessment of natural disasters by year and reported to people's Governments at the same level and higher authorities.

    17th land and resources authorities above the county level should be based on the evaluation, according to the preparation of the master plan of land reclamation planning of land use to determine reclamation and reclamation objectives and requirements in key areas, and reported to the people's Governments at the corresponding level for approval organization.

Reclaiming the 18th government investment, land and resources administration in accordance with the design of land development and consolidation projects land reclamation project design document, clear the project's location, size, target and task progress and deadlines, project planning and design, and so on.

Land rights their own reclamation or reclamation of social investment, land reclamation project design books and is responsible for organizing land reclamation project in land and resources departments for examination and approval before implementation.

    Is responsible for implementing land reclamation project land and resources authorities after receiving the land reclamation project design document shall complete the review within 20 working days of receipt and issue a written review. 19th 28th article of the preliminary acceptance in accordance with the Ordinance, land and resources departments should be based on knowledge structure required for acceptance from the library randomly selected experts to participate. Results of the initial inspection shall be conducted through the Government Web site, to the land owner and building land, land contracting, land people, easements and other rights notice, ensure that people's right to know.

    Archive acceptance views according to law for approval and implementation of the fault responsibility investigation system for land reclamation acceptance. 20th, in line with the regulations of article 31st follow-up evaluation of the effectiveness of land reclamation should be in accordance with the arable land, gardens, woodland, grassland and other land reclamation after the capacity, coverage, coverage, ecological recovery evaluation.

Follow-up evaluation in accordance with State regulations, obligations and land reclamation or land reclamation project implementation unit made observations and measures to improve land quality.

    Land reclamation obligations should damage to the production and construction activities of the cultivated land, reclamation and restoration of priority; after the reclamation of arable land, gardens for three consecutive years are not up to the level where such capacity, duty reorganized and reclaimed land reclamation or reclamation by the departments of land and resources authorities. 21st land reclamation duties in production and construction activities within the prescribed time limit damage farmland, woodland, pasture and other agricultural land reclamation and restoration, in accordance with the relevant provisions of the tax laws and regulations of the state refund of already paid tax on land occupation.

    On improving land-use value of damaged land reclamation, the city divided into districts, County (city, district) people's Government reclaimed allowances shall be provided.

    Land reclamation in the 22nd after changes in ownership or use of land, city divided into districts, counties (cities) people's Governments shall register such changes in a timely manner in accordance with law licensing procedure.

    23rd violates this article approaches its 20th, refused to adopt opinions or measures, by the Department of land and resources ordered corrective action and fine of between 50,000 yuan and 20,000 yuan the following related personnel activities contravening public security management, public security organs according to law on public security administration punishments; related persons constitute a crime, criminal responsibility shall be investigated according to law.

    24th other acts in violation of these rules, regulatory penalties, from its provisions. 25th article of the rules take effect on December 1, 2013.