Implementing Rules For The Regulations Of Inner Mongolia Grassland Management 2006 (Revised)

Original Language Title: 内蒙古自治区草原管理条例实施细则(2006年修正本)

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(June 17, 1998 Standing Committee of the people's Government of Inner Mongolia autonomous region, the 5th on August 4, 1998, the people's Government of Inner Mongolia autonomous region, the 86th release January 12, 2006 Executive meeting of the people's Government of Inner Mongolia autonomous region, the 2nd Amendment March 21, 2006 the people's Government of Inner Mongolia autonomous region, the 145th announced as of May 1, 2006) Chapter I General provisions article in accordance with the People's Republic of China Law on grassland, Inner Mongolia Grassland Management Ordinance
    And related laws and regulations, combined with State practice, these rules are formulated.
    Article in the autonomous region within the administrative area of the Prairie planning, protection, development, use and management of activities, these rules shall apply.
    Article III flag of competent administrative departments of people's Governments above the county level grassland grassland within their respective administrative areas supervisory and administrative work. Prairie Grassland supervision of the Administrative Department of the people's Governments above the county level administration according to law is responsible for the supervision and management of the Prairie.
    Subordinates accept Prairie Grassland supervision and administration supervision and management work of supervision and guidance.
    Township township-level people's Governments should be strengthened within the administrative area of grassland protection, supervision and inspection of the construction and use, can be set as needed full-time or part-time personnel responsible for supervision and inspection work.
    Fourth public security, industry and commerce, environmental protection, land and resources, forestry, water conservancy and other relevant departments according to their respective duties, with the related supervision and management departments to protect grassland the Prairie.
    Chapter II contract management article fifth in grasslands within the contracted period, the employer may not take back the contract grasslands.
    Within the period of the contract, contractor's family moved to the small town to settle here, should be in accordance with the wishes of the Contracting Parties, and retains its right to grassland contractual management, allowing the legal transfer of contracted grassland. Within the period of the contract, contractor's family relocated to the city divided into districts, to non-agricultural, contracted grassland should be returned to the employer.
    Contractors do not pay back the employer can legally take back the contracted grasslands.
    Within the period of the contract, the contractor returned to the contractor when Prairie Grassland or the employer legally take back contracting, the contractor in contract investment up, building facilities, increasing capacity of grassland animal husbandry production has the right to receive appropriate compensation. Sixth contract period, the employer may not adjust the contract grasslands. Due to natural disasters, such as severe damage to contract grasslands of individual farmers and herdsmen in special cases it is necessary to contract grasslands to make proper adjustments, must be approved by the members of the collective economic organizations of Gacha villager meeting more than two-thirds members or over two-thirds of Gacha villager representatives agreed, and submitted to the Township Township people's Government and flag Prairie administrative departments of the people's Governments at the county level for approval.
    Contracting a contract may not be adjusted, in accordance with their agreement.
    Following the grasslands can be used to adjust: (a) the collective economic organizations set aside mobile Prairie; (b) the employer lawfully recovered grasslands; (c) the contractor voluntarily surrender their grasslands and (iv) through natural changes in governance in addition to, or formed, and according to the change of grassland.
    Article seventh mobile grassland has already been earmarked by the regulation, should be used to: (a) service built directly for grassland protection and livestock production facilities, (ii) disaster relief, poverty, and (iii) develop collective economy; (iv) the adjustments provided for in rule sixth contract grasslands (v) other uses of the collective economic organizations of public interest.
    Article eighth contract period, the employer may not unilaterally terminate the contract and may not make use of majority forced the contractor to give up or change of grassland contractual management, arrived in arrears not to contract grasslands to recover. Nineth contract period, the contracting parties can voluntarily contract the Prairie returned to the employer. Contractors voluntarily surrenders of contracted grassland, should notify the employer in writing six months in advance.
    The contractor returned to contract grasslands during the contract period, during the contract period shall not require Contracting grasslands.
    Article tenth period, women are married, contract grasslands or contract at the new place of residence is not made, the employer may not recover their original contract grasslands; divorced or widowed women, still living in the original residence or is not in the original contract grasslands or contract at the new place of residence is not made, the employer may not recover their original contract grasslands.
    11th non-collective economic organization member units and individuals without legal process shall not be contracted grasslands.
    People's Governments at all levels should be carried out according to law on illegal contracting and management of grasslands to repel.
    Chapter III transfer of contracted grassland 12th article transfer of contracted grassland include subcontract, lease, Exchange, transfer or other means. Transfer of contracted grassland is the main contractor.
    The contractor has the right to independently determine whether grassland contractual management flow and circulation.
    To grassland contractual management rights as collateral or not arrived in debt.
    13th subcontracting the contractor's right to grassland contractual or lease to third parties, the contractor and the Contracting Party will not change.
    14th between the Contracting Parties in order to facilitate the production and living, can belong to the same collective grassland contractual management right exchange within an organization.
    15th Contracting Parties have a stable non-farm occupations or have a stable source of income, the employer agreed to, all or part of the grassland contractual management transfers to the other members of the collective economic organizations, from the members ' contract with the employer to establish a new relationship, the original Contracting Party and the Contracting Party of contract shall be terminated.
    16th between the Contracting Parties for developing animal husbandry economy, can voluntarily to grassland contractual, engaged in livestock production. 17th to grassland contractual transfer of management rights to subcontract, rent, transfer, which shall be negotiated by the parties.
    Turnover proceeds of all Contracting Parties, no organization or individual may unlawfully intercept or withheld.
    Article 18th flag Prairie administrative departments of the people's Governments at the county level should be based on the local grassland productivity annual grassland and uses paid circulation of information.
    19th Contracting Party has any of the following circumstances, and advocated transfer of contracted grassland: (a) No livestock or livestock less; (b) are not engaged in livestock production, (iii) was not local living. Article 20th grasslands contracted subcontract, lease, Exchange, transfer, or otherwise transfer, the Parties shall sign a written contract.
    Circulation of the transfer shall be agreed by the employer and to subcontract, lease, Exchange, or otherwise transfer, the Parties shall be submitted to the employer for the record.
    Circulation contract of content should including: (a) party both of basic situation; (ii) Prairie of name, and area, and four to boundaries, and grade; (three) Prairie uses; (four) subsidiary production facilities; (five) party both of right and obligations; (six) circulation of form, and price and paid way; (seven) circulation of term and start date; (eight) default responsibility.
    Article 21st grassland contractual management rights in accordance with law, transfer of, the employer should be after the contract is signed, to flag the County grassland Prairie regulatory authority by the Administrative Department for the record.
    Fourth chapter of grassland-livestock balance article 22nd introduction of grassland-livestock balance system of the autonomous region.
    Prairie administrative departments of the people's Governments at the county level based on country, autonomous region of relevant regulations and standards, of the grassland-livestock balance approved once every three years, and known to the consumer and of grassland owners.
    Autonomous regional people's Government administrative departments shall, in accordance with national regulations of the grassland grassland grazing capacity standards formulated and promulgated specific carrying capacity of different grassland types of standards.
    23rd article grass livestock balance should approved following matters: (a) natural prairie of type, and grade, and area, and produced grass volume; (ii) artificial grass, and forage material to of area, and forage material production; (three) has stable source of other forage feed volume; (four) according to can food forage feed total calculation of suitable stocking; (five) actual feeding livestock of type and number; (six) natural prairie protection, and construction, and using situation and Sandy, and degradation status.
    Article 24th grassland users, owners or contractors on the approved grassland grazing capacity have objections, from the date of receipt of the notification of the approved within 30th flag Prairie administrative departments of the people's Governments at the county level to apply for a review, Prairie administrative departments of the people's Governments at the county level should review a decision on 30th.
    Article 25th Prairie Prairie Prairie administrative departments of the people's Governments above the county level organization users, based on the authorized strength of appropriate stocking rates, and contractors signed the Prairie Grassland-livestock balance responsibility.
    Collectively-owned Prairie Grassland owners organized by the Township township-level people's Governments, based on the authorized strength of appropriate stocking rates, and contractors signed the Prairie Grassland-livestock balance responsibility.
    State that is not contracted Prairie, grassland users signed with the people's Government above the county level grassland-livestock balance responsibility.
    Has not contracted the collectively-owned Prairie, grassland owners and Township by township-level people's Governments signed the grassland-livestock balance responsibility.
    Grassland suitable stocking rate of tenure and ownership units shall be public.
    26th article grass livestock balance responsibility should contains Ming following matters: (a) Prairie of four to boundaries, and area, and type, and grade; (ii) can food forage feed total and the suitable stocking; (three) real has livestock type and number; (four) reached grass livestock balance of measures; (five) Prairie using who or Prairie contracting operators of responsibility; (six) effective term; (seven) other about matters.
    Prairie Grassland-livestock balance responsibility for text style by the autonomous region people's Government formulated by the Administrative Department, Department of agriculture records.
    27th flag Prairie Grassland supervision of the Administrative Department of the people's Governments at the county level authorities, Su township-level people's Governments shall establish grassland-livestock balance management files. Planning and construction of the fifth chapter

    28th flag Prairie administrative departments of the people's Governments above the county level in conjunction with the departments concerned on the basis level of protection, construction, planning and preparation of the administrative area of grassland protection, construction, planning, once every five years, the people's Governments at the corresponding level for approval.
    29th Prairie administrative departments of the people's Government of the autonomous region should be introduced, Taming, breeding, extension forage varieties, seed seed, grass seed propagation base as the backbone, forage seed breeding system for forming autonomous regions.
    Article 30th flag Prairie administrative departments of the people's Governments above the county level in the construction should be carried out in artificial grassland Prairie building, forage seed cultivation, seeding grass, no-till technology, mice pest control work, improve the scientific and technological content of grasslands.
    Sixth chapter using 31st article for mineral mining and engineering construction, should not accounted for or less accounted for Prairie; to public interests of need, in accordance with legal provides levy expropriation or using Prairie of, should to autonomous regions Government Prairie administrative competent sector application, and provides following material: (a) project approved file; (ii) was levy expropriation or using Prairie of ownership proved material; (three) has qualification of design units made of project using Prairie feasibility report; (four) Prairie compensation, and placed grants agreement.
    Municipality of grassland on information provided by the applicant for approval by the Administrative Department, which belongs to the autonomous region for approval, after they have been approved, in accordance with the relevant land laws, administrative regulations and approval procedures for construction purposes.
    Municipality of grassland before approval by the Administrative Department, competent administrative departments of people's Governments above the county level shall assign a flag Prairie Grassland supervision and administration field inspection.
    Article 32nd of the Inner Mongolia Grassland Management Ordinance 25th livestock value referred to in article, refers to the Prairie breed of cattle according to their variety, quantity, use, according to local pricing departments to provide price value of this conversion.
    The Inner Mongolia grassland management regulations referred to in article 25th of the economic value of plants, which grow on the Prairie takes food, medicinal, seed, and other useful plants, according to local pricing departments to provide price value of this conversion.
    Article 33rd the 25th article of the grassland of Inner Mongolia Grassland Management Ordinance compensation, resettlement by the banner County Prairie Grassland supervision and administration by the Administrative Department, amount of livestock in accordance with the preceding five years, the grassland monitoring data and local pricing departments to provide data as the basis for the price calculation.
    Article 34th operating sex tours on the grasslands shall apply to the flag Prairie administrative departments of the people's Governments above the county level, provide information on development and utilization of tourism activities in the Prairie, Prairie administrative departments of the people's Governments above the county level approval, license for grassland management of travel activities, relevant administrative departments before any other proceedings.
    Business tourism activities in the Prairie, not violations Prairies the legitimate rights and interests of the users, owners, and contractors, may destroy the vegetation.
    35th on the Prairie soil, sand, quarrying and mining operations activities, should apply to the flag Prairie administrative departments of the people's Governments at the county level, and provides information on related activities, after they have been approved, go through the Prairie soil, sand, quarrying and mining of mineral resources activities permit mining of mineral resources, and shall go through the relevant formalities.
    Others use grasslands in soil, sand mining, quarrying and mining operations activities, it shall first obtain the user's consent, and reasonable compensation.
    Article 36th on the Prairie for exploration, drilling, construction of underground engineering and temporary occupation of Prairie, should apply to the flag Prairie administrative departments of the people's Governments above the county level, and provides information on related activities, according to Prairie temporary work permits.
    37th operating sex tours on the grasslands, soil, sand mining, quarrying and mining operations activities, Plains exploration, drilling, construction of underground engineering to temporarily occupy grassland need to apply for the license text, uniformly printed by the autonomous regional people's Government administrative departments of the Prairie.
    Article 38th temporarily occupy less than 30 acres of grasslands, approved by the Prairie administrative departments of the people's Governments at the county level; a temporary occupation of less than 500 acres over 30 acres of grassland, grassland by Union Administrative Office, district and municipal people government administrative departments approved temporary occupation of more than 500 acres of grassland, approved by the autonomous regional people's Government administrative departments of the Prairie.
    Seventh chapter protecting 39th flag Prairie administrative departments of the people's Governments above the county level shall strengthen the grassland of rare and endangered wild plants and germplasm resources protection and management.
    Government administrative departments shall organize the prairie grasslands of rare and endangered wild plants in established grassland archive of rare and endangered wild plants, development of rare and endangered wild plants in grasslands, rare and endangered wild plants and require the establishment of grassland protected areas.
    40th State to severe degradation, desertification, salinization, desertification of grassland and Ecotone of grassland and grazing prohibition, grazing systems.
    Grazing prohibition, grazing areas and time frames determined by the County, and shall be published.
    Collection of grazing grassland grass seed, mowing and other uses by people's Governments at the county level.
    41st Township Township, seat of State-owned farms and other areas for residents not contracted by the surrounding grasslands, due to excessive grazing and other causes of degeneration and desertification, grassland use and ownership units should strengthen management and restoring grassland vegetation. 42nd prohibits the collection, processing, transport, purchase and sale of Nostoc flagelliforme.
    Not to provide a forum for collecting, processing, business activity of Nostoc flagelliforme.
    Flag County above Government should organization Prairie supervision, and police, and environmental protection, and business, and traffic, and forestry, sector, according to terms on collection, and processing, and transport, and acquisition and sales Nostoc flagelliforme of activities for check, take following measures: (a) stop collection Nostoc flagelliforme of illegal activities; (ii) chadu collection Nostoc flagelliforme personnel; (three) banned Nostoc flagelliforme trading; (four) on business, and processing Nostoc flagelliforme and the Nostoc flagelliforme food of places for check. 43rd State to licorice, ephedra, Cong Rong, Radix, Radix scutellariae, Radix in wild plant gathering activities such as acquisition card management system.
    Gathering liquorice, ephedra, Bree, wind, wild plants such as radix scutellariae, Radix, must collect flags Prairie administrative departments of the people's Governments at the county level after the signing, grassland administrative departments to the municipality to apply for permits on the wild plants.
    44th prohibits reclamation of grasslands.
    Rangeland projects, construction of upland pasture and the need for operators to build smaller pasture to grassland contractual change the original vegetation in grasslands, shall comply with the conservation and construction of grassland, and use planning.
    Construction small pastures, irrigation, planting perennial grasses to prevent wind erosion and desertification of grassland.
    Article 45th Prairie Grassland should be maintained in the fence construction access roads, avoid rolling damage caused by blocking roads to the Prairie.
    Article 46th flag above the county level shall establish a grassland fire prevention responsibility system, provisions of grassland fire prevention, development of grassland fire prevention fire plans, do a grassland fire prevention and extinguishing work.
    Prairie administrative departments of the people's Governments above the county level shall strengthen grassland fire prevention infrastructure, do a grassland fire prevention the implementation of the system.
    47th building activity on the grasslands, and environmental impact assessment should be carried out, the measures for environmental protection, ecological restoration should be simultaneously with the principal part of the project designed, built and put into use.
    Engage in other activities in the Veld, effective protection measures should be taken, not pollution and destruction of the grassland.
    Environmental protection Administrative Department of the people's Governments above the county level should be involved in construction on the grasslands and other work activities, environmental conditions survey conducted in front of the building, were traced and monitored in the construction, building activity carried out upon completion of the environmental assessment.
    48th eighth chapter legal liability article violates these rules, People's Republic of China Law of grassland, Inner Mongolia Grassland Management Ordinance and other laws and regulations have made administrative penalties from its provisions.
    49th article violates these rules, any of the following circumstances, by the people's Government above the county level Prairie Grassland supervision and administration by the Administrative Department shall be ordered to correct; losses caused to a grassland contract operator shall bear civil liability.
    (A) recover, adjusting contracted Prairie; (b) the pretext of majority forced the contractor to give up or change of grassland contractual management; (c) contracted grasslands to recover against the arrears (d) deprivation of, violence against women shall enjoy the right to grassland contractual and (v) other violations of right to grassland contractual acts.
    50th in violation of the rules set forth in 20th and 21st, by the people's Government above the county level Prairie Grassland supervision and administration by the Administrative Department shall be ordered to correct.
    51st article violates these rules, and to provide a forum for collecting, processing, operating activities of Nostoc flagelliforme, ex officio by the relevant authorities be ordered to desist from the illegal act and dealt with according to law; grassland damage caused, shall bear the liability for damages.
    52nd in violation of the provisions of rule 45th, grassland Prairie administrative departments of the people's Governments above the county level regulatory agency ordered corrective action and impose a fine of 100 Yuan to 500 Yuan.
    53rd State organ staff and Prairie regulatory institution for dereliction of duty, abuse of, and does not perform its functions of supervision or that the violation is not investigated, resulting in serious consequences, constitute a crime, criminal responsibility shall be investigated according to law; not serious enough for criminal punishment, shall be given administrative sanctions. Nineth chapter supplementary articles article 54th circulation approaches the Inner Mongolia grassland contract and the provisional regulations on Inner Mongolia grassland-livestock balance from the date of implementation of this rule repealed.

    55th article of the rules come into force on May 1, 2006.