The Protection Of Basic Farmland In Liaoning Province Approaches

Original Language Title: 辽宁省基本农田保护办法

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(December 6, 2005, Liaoning Provincial people's Government, the 55th Executive meeting on December 12, 2005, 188th promulgated by the people's Government of Liaoning province as of February 1, 2006) first in order to carry out special protection of basic farmland, stable farmland, promoting agricultural production and sustainable socio-economic development, according to the People's Republic of China land administration law, the basic farmland protection regulations and other relevant laws and regulations, combined with the province, these measures are formulated.
    Second approach applies to the basic farmland protection work within the administrative area of the province.
    Article the basic farmland protection overall planning, rational use, combined with strict protection guidelines.
    Fourth Government basic farmland protection should be incorporated into the national economic and social development plan, regular upward level of Government reports the basic farmland protection work in the administrative area, upper level Governments should strengthen supervision and inspection of lower levels of Government protection of basic farmland.
    Fifth of provinces, cities and counties (including County-level cities and districts, the same below) land administrative departments and the agricultural Division of responsibilities for the Executive authority, is responsible for the management of basic farmland protection work within their respective administrative areas.
    Development of reform and construction, water conservancy, forestry, environmental protection and animal health supervision and administration in accordance with their respective responsibilities, doing basic farmland protection work.
    The township (town) Government is responsible for the management of basic farmland protection work within their respective administrative areas.
    Sixth Government should take measures to strengthen basic farmland protection areas of water, electricity, roads and other infrastructure, encourage and guide agricultural production and business operation entities and individuals increased inputs of basic farmland, soil improvement, rational maintenance of land, improve fertility and prevent pollution, desertification, salinization of farmland.
    Seventh Government in the preparation and amendment of general land use planning according to law, should be clearly the protection of basic farmland, quantitative and qualitative requirements of the layout.
    County and township (town) Government land use plan shall, in accordance with national technical regulations, determine the basic farmland conservation area, and the text and diagrams contained in the number and location of basic farmland.
    Eighth province-designated basic farmland as a proportion of the total area of cultivated land within their respective administrative areas, shall comply with the provisions of laws and regulations.
    City, County and township (town) the specific quantitative indicators of basic farmland, the upper-level Government under the land use overall planning issued by the stepwise decomposition.
    Article meets the basic farmland protection regulations article tenth of the arable land, basic farmland should be designated as protected areas.
    Land exploration, arrangement built after the standard fields and new contiguous land, seed-breeding base, as well as other required pursuant to the provisions of special protection of arable land, can be classified as basic farmland conservation area. X article basic farmland reserves according to following program delineation: (a) County above land administrative competent sector with sibling agricultural administrative competent sector, according to land using general planning and Shang level Government issued of basic farmland protection number index, prepared this administrative within basic farmland reserves delineation programme, by this level Government validation, reported Shang level Government approved Hou implementation; (ii) Xiang (town) Government according to County Government prepared of basic farmland reserves delineation programme and issued of basic farmland protection number index, By village (Group) specific implementation basic farmland protection plots, approved protection area, draws Xiang (town) basic farmland reserves figure; (three) Xiang (town) basic farmland reserves delineation Hou, by County land administrative competent sector with sibling agricultural administrative competent sector audit, and summary, draws this administrative of basic farmland reserves figure, filled basic farmland reserves situation summary table; (four) basic farmland designated district set territories Hou, by provincial government organization province land administrative competent sector and province agricultural administrative competent sector acceptance confirmed,
    Authorized by the provincial or municipal land administrative departments and departments of agriculture administration acceptance confirmation.
    11th clause of the basic farmland protection, after confirmation by the acceptance, by the County Government set the protected flag, and basic farmland in the seat of township (town) or village shall be published.
    Basic farmland protection notice shall contain the following: (a) the protected block, the name, number, size and scope of four to; (b) the basic farmland protection; (c) protected areas responsible; (d) shall specify the contents.
    12th District land administrative departments should set up basic farmland protection files and basic farmland conservation area changes account for dynamic monitoring of changes of the basic farmland protection zones.
    Basic farmland protection files, basic farmland protection within 60 days after the confirmation of acceptance shall copy to the departments of agriculture administration at the same level. Article 13th after the basic farmland protection zones defined according to law, no unit or individual shall not be allowed to change or take up.
    Meet the statutory requirements, is absolutely necessary to change or occupation, must fulfill the approval procedures.
    14th national energy, transport, water, military installations and other key project site does not avoid the basic farmland protection, needs to occupy basic farmland, farmland or land is involved, the construction unit shall provide the local county or city land administrative departments to apply, the same level proposed by the Government views, escalate the State Council for approval.
    Land administrative departments reporting application, shall submit the following information: (a) the use of applications of basic farmland; (b) the land administrative departments and field reconnaissance observations of agricultural administrative departments; (iii) added into the programme of basic farmland and (iv) additional information on the laws, rules and regulations.
    15th units approved by the State Council to occupy basic farmland shall be in accordance with the principles of number, Ken, is responsible for the quantity and quality of basic farmland reclamation and land without conditions, reclamation or reclamation of arable land does not meet the requirements, shall be paid in accordance with the criteria set out in provincial farmland reclamation fee.
    Reclaim fee of cultivated land into financial management, for use in reclamation of new land, not relief, appropriation or misappropriation.
    16th section approved by the State Council to occupy basic farmland, the local Government shall, in accordance with the State Council's approval to modify the land use plan, and in accordance with the supplement included in the programme of basic farmland, added into the quantity and quality of basic farmland.
    17th construction project approved by the law to temporarily occupy basic farmland, who occupy the flats should be agreed upon in the contract for the temporary use of land to be occupied units paid compensation for the temporary use of land and the temporary use of land before the expiration of the farming conditions to occupy basic farmland to restore.
    The law approved the temporary units to occupy basic farmland to must be in accordance with the approved purposes and to repay.
    18th basic farmland use rights contracts, joint venture cooperation and sub-contract, transfer or any other means of circulation by law shall not change the basic nature and use of farmland, may destroy fertility.
    19th article in basic farmland reserves within shall not implementation following behavior: (a) built kiln, and building, and built graves, and dug sand, and quarrying, and mining, and take soil, and stacked solid waste; (ii) occupation or damaged basic farmland reserves of facilities; (three) damaged or unauthorized change basic farmland reserves of protection logo; (four) legal, and regulations, and regulations provides of other ban behavior.
    20th article for dug loss, and collapse, and pressure accounted for, caused basic farmland damage of, with to units or personal should according to national about provides is responsible for reclamation; no conditions reclamation or reclamation up not to basic farmland requirements of, local County Government should modified land using general planning, reported original approved organ approved, added designated into number and quality quite of basic farmland, with to units or personal should according to provincial government provides of standard paid land reclamation fee, by County land administrative competent sector organization reclamation.
    Reclamation of farmland by the provincial Department of land administration in conjunction with the provincial departments of agriculture administration acceptance confirmation, authorized by the provincial or municipal land administrative departments and departments of agriculture administration acceptance confirmation.
    21st provincial departments of agriculture administration should be based on the actual situation of the province, announced to the public at the right time within a certain area promotion, rotation, restricting or prohibiting the use of chemical, biological fertilizers.
    Use of units and individuals engaged in agricultural production and management of basic farmland shall bear the construction of basic farmland and maintenance obligations, and fertility. 22nd article approved by the State Council to occupy basic farmland to build the State's key construction projects must comply with State regulations on environmental management of construction projects.
    In the construction project environmental impact assessment report, should have the basic farmland protection programs. Basic farmland protection facilities, should be the principal part of the project of construction project designed, built and put into operation simultaneously. Once the basic farmland protection facilities, the Department of environmental protection administration, in conjunction with land and agriculture Administration Department in accordance with acceptance.
    Completed project of basic farmland pollution, must be time limit; losses caused, shall be given appropriate compensation.
    Article 23rd above the county level, the Government should in the land grant in accordance with national and provincial provisions determine the percentage used for the construction of basic farmland.
    24th the County Government at or above the basic farmland protection supervision and inspection system should be established, regularly land and agriculture Administration Department and other departments concerned to check the basic farmland protection, and check the level on the written report to the Government.
    The township (town) Governments should establish regular inspection system of the protection of basic farmland, finding violations promptly report to the land administrative departments of the County according to law.
    25th the township (town), above Government's responsibility to protect basic farmland appraisal system should be established. Issued by the higher levels of Government each year should be down the level of government responsibility to protect basic farmland assessment, lower levels of Government each year shall report upward level of Government implementation of the responsibility to protect basic farmland assessment. Reduction or destruction of basic farmland, annual check failed.
    Failed to pass the higher levels of Government should be ordered to check Government to make up basic farmland, and suspension of release their annual land use plan indicators. 26th article violates these rules, destroying or altering the basic farmland protection flag from above the county level, the land administrative departments or administrative authorities shall order the restitution can be fined a maximum of between 1000 and 500 Yuan.

    27th article violates these rules, temporarily to occupy basic farmland to fails to return or not in accordance with the approved uses, the land administrative departments at and above the County shall order correction within, and a fine of between 10,000 yuan and 30,000 yuan.
    28th article land, and agricultural, administrative competent sector staff in basic farmland protection management work in the has following case one of of, law give administrative sanctions; constitute crime of, law held criminal: (a) violation provides handle occupied basic farmland approval matters of; (ii) should organization reclamation and not law organization implementation of; (three) on occupation, and damage basic farmland of behavior not law investigation, and corrected of; (four) other negligence, and abuse, and engages in of behavior.
    Article 29th other acts in violation of these regulations, in accordance with the provisions of relevant laws and regulations impose sanctions. 30th article this way come into force on February 1, 2006.
                                    May 24, 1996, Liaoning Provincial people's Government issued the implementing rules of the protection of basic farmland in Liaoning province abolished at the same time.