Administrative Measures On Quality Of Cultivated Land In Zhejiang Province

Original Language Title: 浙江省耕地质量管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201105/20110500340887.shtml

Administrative measures on quality of cultivated land in Zhejiang Province

    (December 21, 2010 order No. 285, Zhejiang Province people's Government promulgated as of March 1, 2011) Chapter I General provisions

    First in order to strengthen land management, enhance the comprehensive productivity of arable land, according to the People's Republic of China agricultural Act, the People's Republic of China land management Act, the basic farmland protection regulations and other laws and regulations, combined with the facts of the province, these measures are formulated.

    Article in the province within the administrative area of cultivated land quality protection, construction and management of activities, these measures shall apply.

    Third of cultivated land in these measures refers to the agricultural land used to grow crops, specifically identified standards in accordance with the relevant provisions of national and provincial.

    The quality of cultivated land in these measures refers to soil fertility and environmental and infrastructure levels and crop suitability of comprehensive factors such as degree of quality.

    The fourth people's Governments above the county level shall strengthen leadership of the cultivated land quality, establish and improve the quality management system of cultivated land, strengthen the protection of cultivated land quality, increase capital investment, the quality of agricultural land surveys, monitoring, protection and regulatory requirements into the budget at the same level; implement quality management responsibility, integrating quality management into cultivated land protection objectives assessment content.

    The Township people's Governments (including subdistrict offices, the same below) responsible for this in the administrative area of cultivated land quality protection, construction and management of the work. The fifth people's Governments above the county level agricultural and land resources division of responsibilities for the executive authorities, is responsible for the quality of arable land protection, development and management.

    Competent administrative departments of people's Governments above the county level agricultural soil fertilizer Agency of cultivated land quality survey, monitoring and evaluation of the specific work.

    Environmental protection Administrative Department of the people's Governments above the county level in accordance with the Division of duties, is responsible for the pollution prevention related work of the supervision and management of cultivated land.

    The people's Government above the county level, financial development and reform, housing and urban-rural development (planning), water conservancy, forestry and other relevant departments according to their respective duties, cultivated land quality management related work.

    Sixth rural collective economic organizations and villagers committees shall perform the obligations of cultivated land quality protection and construction, and urged agricultural producers a reasonable use of cultivated land, to stop the destruction of cultivated land quality, damage violations occur. Article seventh agricultural, land and resources administrative departments should strengthen the quality of arable land protection, construction supervision and inspection.

    The inspected unit and individual shall provide the relevant information and data, and may not refuse.

    Any unit and individual have the obligation to protect cultivated land quality, have the right to report damage, damage the quality of the land illegal.

    The eighth provincial Department of land and resources, the agricultural administrative departments shall organize the establishment of management information system of cultivated land in the province, and enhance the exchange of information, sharing information, reflecting the change of cultivated land quantity and quality in a timely manner.

    Chapter II planning and monitoring

    Nineth people's Governments above the county level shall organize land and natural resources, agriculture, financial, development and reform, housing and urban-rural development (planning), environmental protection and other relevant departments, according to land use planning, urban and rural planning and quality of cultivated land within their respective administrative areas, development of cultivated land quality protection and construction of medium-and long-term planning, reported to people's Governments at a higher level for approval promulgation and implementation.

    Cultivated land quality protection and construction of medium-and long-term planning should be clearly cultivated land quality protection and building layout, specific arrangements, quality requirements and quality promotion measures. Article tenth of agricultural administrative departments shall establish a quality long-term monitoring network, setting up signs on cultivated land quality monitoring.

    Cultivated land quality monitoring includes soil organic matter, pH, nitrogen, phosphorus, potassium and other fertility indicators and indicators of heavy metals and other pollutants. No unit or individual is allowed to destroy, damage or move without authorization of cultivated land quality monitoring network facilities and signs.

    Construction adjustment of cultivated land quality monitoring network facilities and signs, the employer should ask the approval of the establishment of the monitoring network of departments of agriculture Administration agreed, and to bear the costs of adjustment. 11th, according to the content of organic matter and physical and chemical properties, soil properties, natural conditions and infrastructure targets and contents of heavy metals and other environmental conditions, the quality of agricultural land into corresponding levels.

    Quality grade standard by the province, in conjunction with land and resources, environmental protection Administrative Department according to the relevant regulations of the State.

    Cultivated land in County-level people's Governments shall, in accordance with the quality grading standards, organized agriculture, land and resources administrative departments to grading the land within their respective administrative areas.

    Article 12th agricultural Administrative Department shall, in conjunction with environmental protection, land and resources, and other relevant departments for investigation and evaluation of farmland quality status, regular reporting to the people's Governments at the corresponding level of cultivated land quality variation and development trends.

    Chapter III quality protection 13th rural collective economic organizations and villagers committees when the contracting of rural land contracts with the contractor, should clearly contracted quality levels, the obligation to protect cultivated land and breach of contract.

    When the transfer of rural land contracted management right, former cultivated land quality protection enshrined in rural land contract obligation shall also transfer.

    14th agricultural producers should be the protection of farmland topsoil to improve farming conditions and rational use of land, and fertility.

    Adjustment of agricultural industry structure, may destroy the land of growing conditions.

    15th agricultural producers should be safe and rational use of fertilizers, pesticides, veterinary drugs and agricultural chemical products such as film, prevent pollution to the land.

    16th no unit or individual is allowed to any of the following acts:

    (A) illegal discharge or dumping into the arable land from wastewater, solid waste and other toxic substances;

    (B) use although not harmless or treated but still does not meet the requirements set by the State of sludge and other organic wastes. 17th land pollution incident occurred, agricultural producers and operators and the relevant units and individuals shall immediately to the local environmental protection, Administrative Department of agriculture reports, and to take measures to eliminate or reduce the hazards. After receiving the report by the Administrative Department of environmental protection, agriculture, should in conjunction with the Ministry of land and resources, and other relevant departments and units to identify pollution sources, and responsible, urging responsibility to units or individuals to propose and implement pollution control measures of cultivated land, deadline meets the appropriate quality requirements. Pollution control requirements, the responsible entity or individual.

    Pollution liability or responsibility for loss of capacity cannot be determined, organized by the people's Governments at the county level of pollution, and to bear the costs. Of cultivated land has been polluted and people's Governments at the county level shall organize the environmental protection, agriculture, land and resources administrative departments for management and remediation.

    Not suitable for production of specific agricultural products cultivated land, the people's Government above the county level should be adjusted in accordance with the relevant provisions of the law on the production function.

    18th no unit or individual is allowed to destroy farmland growing conditions. Destroying cultivated land due to human factors technical testimony of the growing conditions required, by the administrative departments of agriculture or laws, regulations, rules and regulations of other government departments and agencies identify. Technical specification for identification by the provincial departments of agriculture administration in conjunction with the departments concerned and published.

    Otherwise provided for by the State, from its provisions.

    19th construction project needed requisition and occupation of cultivated land, shall, for the balance of the requirements after the first fill, added into the requisition and occupation of cultivated land quality of arable land. Construction projects needed farmland requisition and occupation standards, standard fields supplement included in the proposal is subject to examination by the provincial departments of agriculture Administration agrees. Agriculture Administration Department of land and natural resources, in accordance with the duties of supplements into the standard fields of audit, outlined in standard farmland construction drawings to add four to put into the plot, and signing.

    Added into the standard fields for the first field, in principle, from standard farmland into construction of the repository. 20th supplementary quality does not meet the quality of cultivated land in requisition and occupation of cultivated land, the county or district municipal people's Governments shall arrange agriculture, improve the quality of cultivated land in land and resources departments for supplementary programmes, agriculture, land and resources administrative departments of organizations implement and after the filing deadline. Construction of supplementary cultivated land quality improvement programmes should include quality standards, construction duration, amount of money, responsibility and liability and so on.

    Supplementary funds required to improve the quality of cultivated land into cultivated land in requisition and occupation costs.

    Added into the standard expiration of farmland to improve the quality of construction, special acceptance by the provincial departments of agriculture administration.

    Farmland quality status in article 21st of the following, the Department of agriculture in provinces or districts of the city administration were assessed, and issue assessment:

    (A) requisition and occupation of arable land need to be added into cultivated land;

    (B) the land arable land in the construction project. Departments of agriculture administration of cultivated land quality assessments, shall organize relevant experts to conduct field reconnaissance, collect soil samples from soil and fertilizer quality testing agencies qualified for testing.

    Departments of agriculture administration according to the soil and manure quality inspection agency inspection reports and other relevant circumstances, issue a quality evaluation of cultivated land.

    Technical specification of quality evaluation of cultivated land by the provincial departments of agriculture administration departments concerned separately.

    Administrative Department for agriculture of arable land quality evaluation of cultivated land construction should serve as an important basis for completion of the project.

    22nd construction projects requisition and occupation or temporary occupation of cultivated land, resulting in damage to adjacent farmland infrastructure and construction units should be repaired in a timely manner and will bear the cost of the project.

    Quality construction of the fourth chapter

    23rd encourage, support agricultural producers to plant green manure, straw, application of organic fertilizers. On farmers ' professional cooperative agricultural producers such as tissue and cereal green manure plant, straw, organic fertilizer, the people's Government above the county level should be supported financially.

    Specific measures by the provincial financial Department, in conjunction with the provincial departments of agriculture administration.

    The people's Government above the county level shall organize the reserves needed for fertility green manure seeds and other agricultural inputs.

    24th field in the people's Governments above the county level shall actively promote reform, agricultural development, land development, land reclamation, land and construction projects, and quality construction standards. 25th article of cultivated land occupied by construction projects sign, requisition and occupation of cultivated land quality topsoil should be stripped.

    Excellent topsoil stripping costs included in the cost.

    Due to special circumstances, on construction projects with excellent farmland topsoil stripping difficulties, agreed by the district municipality or County and reported to the provincial Department of land and resources, departments of agriculture administration after filing, you can implement good topsoil stripping of arable land. 26th excellent farmland topsoil shall be stripped for soil improvement.

    Excellent farmland topsoil stripping by the County (city, district) or districts of the city before the land and resources administrative departments for implementation.

    Excellent farmland topsoil standards by relevant departments for districts, agricultural land and resources administrative departments to determine. 27th district of the city, the people's Governments at the county level shall organize standard farmland reserve project construction.

    Land and natural resources, review standard of administrative departments such as agriculture in the agricultural land reserve project construction programmes, the need for field reconnaissance, outlined in the project plan-building blocks of four to and sign it. Land resources and agriculture Administration Department in accordance with acceptance of standard farmland Reserve item for acceptance in the field, project plans and as-built drawings must be consistent.

    Inspection personnel shall sign the drawing on completion of project.

    The fifth chapter legal liability

    28th for acts in violation of these rules, laws and regulations have legal liability provisions from its provisions.

    29th people's Governments above the county level and the agriculture, land resources, environmental protection, finance and other departments concerned in violation of the rules of any of the following acts, the authority shall order rectification are serious, directly responsible shall be disciplined in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated in accordance with law:

    (A) provides false information or refuse or hinder the quality supervision and inspection;

    (B) is not in accordance with the provisions of the quality evaluation of cultivated land;

    (C) fails to perform an audit, review, and acceptance as provided herein;

    (D) is not in accordance with the regulations imposed on excellent farmland topsoil stripping;

    (E) other acts of negligence, malpractice, abuse.

    30th article violates the tenth paragraph these measures, destruction, damage or unauthorized moving of cultivated land quality monitoring network of facilities and signs, by the Administrative Department of agriculture ordered corrective action and restitution; not restitution, ordered to pay damages; can be fined not more than between 2000 Yuan and 200 Yuan.

    31st article violates this article 16th (a) provides that cultivated land to discharge or dump waste water, solid waste and other toxic and harmful substances, by the Administrative Department of environmental protection under the environmental protection-related laws, rules and regulations shall be punished.

    Disobey the 16th paragraph (b) provides that application although not harmless or treated but still does not meet the requirements set by the State of sludge and other organic waste, by the Administrative Department of agriculture ordered corrective action and may be fined not more than 1000 Yuan and 20,000 yuan.

    32nd in violation of the first paragraph of article 18th, destroying cultivated land growing conditions, be ordered by the administrative departments of land and resources within a time limit or governance fails to control, on behalf of the Department of land and resources administration management, the costs borne by the offence; according to the People's Republic of China stipulated in the regulations for the implementation of the land management law, and may be fined not more than twice times farmland reclamation fee.

    33rd in violation of provisions of this article 22nd, resulting in damage to adjacent farmland infrastructure, by departments of agriculture administration ordered to repair fails to repair, the Department of agriculture administration on behalf of repair, the cost borne by the person responsible and may be fined not more than 1000 Yuan and 20,000 yuan.

    The sixth chapter supplementary articles 34th article of the rules take effect on March 1, 2011.