Administrative Measures On Non-Agriculture Construction Of Supplementary Cultivated Land In Guangdong Province

Original Language Title: 广东省非农业建设补充耕地管理办法

Read the untranslated law here: http://www.chinalaw.gov.cn/article/fgkd/xfg/dfzfgz/201009/20100900264121.shtml

Administrative measures on non-agriculture construction of supplementary cultivated land in Guangdong Province

    (The people's Government of Guangdong Province, May 28, 2010 the 11th at the 54th Executive meeting on June 13, 2010, 146th promulgated by the people's Government of Guangdong Province as of September 1, 2010) first in order to ensure the protection of cultivated land, strictly control farmland to non-agricultural construction land, ensuring dynamic equilibrium of the total cultivated land, according to the People's Republic of China land management law and other relevant laws and regulations, combined with the facts of the province, these measures are formulated.

    Second this approach applies to the administrative management of non-agricultural construction of supplementary cultivated land in the province. Article approved non-agricultural construction land, according to the "how much, Ken" principle, by cultivated land occupied by units or individuals responsible for reclamation commensurate with the quantity and quality of land cultivated without conditions, reclamation or reclamation of arable land does not meet the requirements, cultivated land reclamation fee shall be paid in accordance with the regulations.

    Reclaim fee of cultivated land should be included as cost of construction land building total project investment.

    Reclaim fee of cultivated land should be earmarked for land reclamation and land cultivation of new land reclamation expenses. IV development of people's Governments at various levels shall encourage the implementation of land consolidation and reclamation.

    Development of land consolidation and reclamation should be carried out in accordance with the following procedure:

    (A) the land administrative departments under the people's Governments above the county level overall land-use planning, organization and preparation of land consolidation and reclamation of the local development planning, the establishment of provincial, municipal (prefecture-level city, the same below), counties (including County-level cities and districts, the same below) of supplementary cultivated land in the project library;

    (B) the land administrative departments under the people's Governments above the county level land-use planning and development of land reclamation planning, preparation of annual plans for land reclamation and development programmes and supplementary cultivated land in specific project in the project library, organizational unit implementation projects;

    (C) the land administrative departments of the people's Governments above the county level shall organize relevant departments of the people's Government at the project acceptance.

    Development of land consolidation and reclamation planning should be dovetailed with the urban and rural planning, and supplement of arable land not in the context of planning, construction and delineation.

    Fifth land administrative departments of the people's Governments above the county level shall be responsible for the way to implementation and monitoring.

    Agriculture, forestry, development and reform, fiscal, environmental, planning and construction, monitoring, auditing, price and other administrative departments shall, in accordance with their respective functions, in collaboration with relevant work.

    Sixth land administrative departments of the people's Governments above the county level shall be in accordance with land reclamation development indicators issued by superior, combined with the local construction and the actual situation of the preparation of land development and land use plans and annual plans for land consolidation, implementation reported to people's Governments at the same level for approval and submitted to the provincial land administration Department for record. Article seventh in land use defined in the General Plan of city and County within the scope of urban construction land, for the implementation of urban planning, County and town planning by the city and county governments consolidated collection, appropriation of arable land, cultivated land compensation liability of city and county governments. Land use defined in the General Plan of the town, Township, village, within the land, for the implementation of cultivated land occupied by town, town and village planning, by the town (town) people's Governments or rural collective economic organizations bear the compensation responsibility of cultivated land.

    When scheduling specific projects, paid by land units in accordance with the provisions of standard farmland reclamation fee.

    Land use defined in the General Plan of the city, County, town, town, Township, and village construction land area, energy, transportation, water, mines, military facilities, a separate location of cultivated land occupied by construction projects, land compensation liability of land.

    Eighth article in land using general planning determine of city and village, and town construction with to range within, batch times agricultural to switched to occupied arable land, implemented first fill Hou accounted for of, in handle switched to procedures Shi, can with arable land reserves index as added arable land, no longer paid arable land reclamation fee; failed to implemented first fill Hou accounted for, need using superior Government reserves of arable land index of, by bear arable land compensation responsibility of subject in application handle switched to procedures Shi paid arable land reclamation fee.

    Separate site cultivated land occupied by construction projects, land units by first filling of supplementary cultivated land, should apply to the land administrative departments of municipal and County, by city, County, Department of land administration and manpower arrangement of failing to exercise after the first fill, land unit shall pay a reclaim fee of cultivated land.

    Nineth of municipal and county governments can advance implementation of land consolidation and reclamation development project, after confirmation of acceptance, the reclamation of new land, compensation balance of cultivated land to local circumstances, the remainder can be used as arable land reserve. By city and county governments agreed that the reserve can transfer to the arable land is not cultivated land balance of city and County statistical indicators of the supplemented arable land. Land ownership or the right of the original unchanged.

    Transfer of arable land reserve of city and county governments shall bear relevant liabilities the amount of cultivated land.

    Governments income into the budget transfer of land reserve management, land development, land protection, remote forests, farmland and other expenditures, specific measures by the financial Department of the province, together with land and forestry shall be formulated by the Administrative Department.

    Article tenth farmland reclamation fee paid according to the following criteria (as per square meter):

    (A) the counties, county-level city within the jurisdiction of 18 Yuan;

    (B) in the prefecture-level city area (not including counties, county-level cities) 28.

    To occupy basic farmland, farmland reclamation fee plus 20 Yuan per square meter.

    11th reclaim fee of cultivated land belong to administrative fees shall be paid prior to the approval for farmland, into the financial budget management.

    12th article provincial management of arable land reclamation fee of using, annual by province land administrative competent sector and province agricultural administrative competent sector prepared annual payments budget reported province financial sector audit agreed, specific funds using according to financial Treasury concentrated paid, about provides, directly allocated to arable land reclamation, and added arable land and to force foster project or project management units, special for arable land reclamation, and added arable land and to force foster.

    Farmland reclamation site at work, investigation, measurement, argument, acceptance and other operational costs, as does not exceed over to the financial account farmland reclamation fee of 3% expenses. 13th additional reclamation of cultivated land should be cultivated in the city and County's implementation.

    Due to scarcity of land resources, the land cannot be cultivated in the region added, you can easily develop additional arable land.

    14th acceptance of supplementary cultivated land in accordance with the following procedure:

    (A) added after the reclamation of cultivated land, by the district land administrative departments of agriculture and forestry administrative departments for the preliminary inspection;

    (B) qualified for the preliminary inspection by the municipal land administrative departments of agriculture and forestry administrative departments for acceptance;

    (C) the acceptance, by the provincial Department of land administration in conjunction with the provincial agriculture and forestry, development and reform, finance, supervision and auditing departments conduct spot checks;

    (D) sampling qualified, by the municipal land, agriculture and forestry administrative departments of the inspection lot project acceptance confirmation.

    15th of cultivated land occupied by the people's Governments above the county level may require unit, will plow the soil of cultivated land occupied by the new reclamation of cultivated land, arable land or other poor quality soil improvement.

    16th embezzle farmland reclamation fee, in accordance with the People's Republic of China land administration law and the relevant provisions of the financial regulations on penalties for offences.

    Article 17th of failing to realize the cultivated land requisition-compensation balance of city and County, supplemented by provincial people's Government ordered, and a freeze on farmland in the area the following year plan targets moratorium on farmland and approval. 18th article this way come into force on September 1, 2010. People's Government of Guangdong Province, released on November 13, 2001, management of non-agricultural construction of supplementary cultivated land in Guangdong Province, abolished at the same time.