Administrative Measures For The Protection Of Cultivated Land

Original Language Title: 济南市耕地保护管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201305/20130500387144.shtml

Administrative measures for the protection of cultivated land

    (December 20, 2012 Jinan municipal people's Government at the 18th Executive meeting January 4, 2013 Jinan municipal people's Government announced order No. 245, come into force on February 1, 2013) Chapter I General provisions

    First to protect arable land, according to the People's Republic of China land management law, the regulations on the protection of basic farmland, the Shandong provincial implementation of People's Republic of China provisions of the land management law and other laws and regulations, combined with the practical, these measures are formulated.

    Article protection procedures apply within the administrative area of the city.

    Third of cultivated land in these measures refers to land use defined in the General Plan of land used for growing crops.

    The basic farmland in these measures refers to certain periods the city's demographic and socio-economic development of the demand for agricultural products, established in pursuance of general land use planning shall not occupy arable land.

    Fourth city, County (city, district) people's Government responsible for cultivated land protection work within their respective administrative areas.

    Cities and counties (cities, districts) within the Department responsible for the administration of land and resources management of cultivated land protection work.

    Agricultural sector is responsible for quality monitoring, additional soil fertility evaluation and other quality-related work.

    Environmental protection, forestry, and water conservancy departments shall, in accordance with their respective responsibilities to do protecting cultivated land.

    Cultivated land protection in the fifth insisted on total control, compensation balance, using a combination of ecological management of unification principles.

    Construction of the sixth production activities with intensive use, scientific tap stock, does not occupy or less farmland.

    Chapter II routine protection of cultivated land

    Seventh article implementation of the target responsibility system for protecting farmland. City, County (city, district) and township (town) people's Government (Street) signed should be step by step goal responsibility for protecting farmland.

    Responsibility documents include:

    (A) the amount of cultivated land;

    (B) the basic farmland protection area;

    (C) of new arable land;

    (D) other content. The township (town) people's Government (Street) should be goal responsibility for protecting farmland and rural collective economic organizations.

    Responsibility documents include:

    (A) the amount of cultivated land;

    (B) the basic farmland protection area;

    (Iii) other content. Article eighth carrying out responsibility target assessment system for protecting farmland.

    Municipal land resources, agriculture and other sectors are regularly organized for County (city, district) assessment of people's Government of protecting cultivated land and cultivated land protection gives awards to units and individuals have achieved remarkable.

    Nineth land and resources departments should be established in conjunction with the agricultural sector of arable land quality evaluation system on a regular basis and designated basic farmland conservation area, to set up a flag, the implementation of special protection.

    Basic farmland, once drawn, no unit or individual without legal process shall not be changed or used.

    The tenth people's Governments at various levels should increase investment in construction of basic farmland, and maintenance of irrigation and drainage facilities, strengthening quality management of arable land and agricultural environmental protection, development of eco-agriculture, fields, comprehensive treatment of water, roads, forests and villages, improve the quality of arable land.

    11th land contractors should use organic fertilizer to improve soil fertility and prevent land pollution.

    12th production and construction activities due to excavation, pressure collapse, caused damage to farmland, construction of production units and individuals shall make restoration. A conditional reclamation, counties (cities and districts) shall, together with the land and resources departments of agriculture, forestry, environmental protection and other sectors to acceptance of reclaimed land.

    Acceptance and delivery of the rural collective economic organization. No conditional reclamation, land reclamation fees shall be paid.

    Fee for use in land reclamation of land reclamation. 13th production and construction activities approved by the law to occupy basic farmland, the construction unit shall topsoil stripping and reuse.

    14th no unit or individual is allowed to discharge into the land does not meet state environmental protection standards, wastewater, solid waste and other pollutants.

    Chapter III balance of arable land 15th with the approval of non-agricultural construction land, occupy the flats should be opened up for quantity and quality of agricultural land. No reclamation of conditions, he shall pay a reclaim fee of cultivated land.

    Reclaim fee of cultivated land earmarked for land reclamation.

    Reclaim fee of cultivated land in accordance with the first 3 years the average annual output value of cultivated land occupied multiple legal collection; to occupy basic farmland, according to the legal times the highest collection; change of cultivated land requisition-compensation balance indicators, based on the transaction price collection.

    Change of cultivated land requisition-compensation balance indicators used should be reported for approval in accordance with law. 16th with the approval of non-agriculture construction to occupy basic farmland, counties (cities and districts) occupied by the people's Governments shall, in accordance with the quantity and quality of supply.

    No conditions in their respective administrative regions make up shall be paid to apply for easy filling.

    17th the County (city, district) people's Governments shall provide for the balance of indicators of township (town) people's Government, the rural collective economic organization are compensated.

    18th supplementary cultivated land units are recognized on the following provisions:

    (A) urban construction land in batches, by the city and County (city, district) people's Government is responsible for;

    (B) the construction land in villages and market towns batches, by involving the rural collective economic organizations;

    (C) the siting and construction projects alone, the unit is responsible for.

    Fourth chapter of rural land management

    19th rural land management should comply with the overall land-use planning and land management planning, respect the wishes of farmers, safeguard their rights and interests, and to protect and improve the ecological environment.

    Article 20th rural land management include:

    (A) the construction of arable land and basic farmland improvement;

    (B) Regulation of rural construction land;

    (C) production and construction activities of damaged land reclamation;

    (D) the historical damage of natural disasters damaged lands and land reclamation;

    (E) the development of unused land;

    (Vi) land management in other circumstances.

    21st counties (cities, districts) land and resources departments should strengthen the implementation of rural land consolidation projects.

    Rural land consolidation projects should be announced to the public, and through determined bidding construction, supervision and other units. 22nd rural land after the completion of the renovation project, organized by the Department in conjunction with the relevant departments of land and resources and acceptance.

    The acceptance of the project include:

    (A) the planning, design and implementation of budget plans;

    (B) of new cultivated land quantity and quality;

    (C) the utilization and management of funds;

    (D) the implementation of project management rules and regulations;

    (E) implementation of land readjustments;

    (Vi) data archiving;

    (VII) other contents.

    Article 23rd rural land consolidation project funding separate account management, earmarking, and accept supervision by the Audit Department.

    24th the County (city, district) departments should strengthen the project management of land and resources, explicit management, implementation of management responsibility, and promote the effective use of it.

    The fifth chapter legal liability

    25th land reclamation obligations pursuant to this Regulation shall pay the land reclamation fees not paid, by the County (city, district) departments of land and resources ordered to pay overdue payments, land reclamation fees should be paid more than 1 time twice times the fine.

    26th article violates these rules, destroying or altering the basic farmland protection flag, be ordered to make restitution of land and resources, may be fined a maximum of 1000 Yuan.

    27th and to arable land waste, solid waste, pollution and harm to the land environment, processed by the Environmental Protection Department.

    The sixth chapter supplementary articles 28th article of the rules take effect on February 1, 2013.