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Administrative Measures On Land Reclamation, Shandong Province, 2004 (Revised)

Original Language Title: 山东省土地复垦管理办法(2004年修正本)

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(Act No. 102 of 18 January 1999 No. 102 of the People's Government Order No. 102 of 15 July 2004)

Article 1 provides for the rational use of land resources, the improvement of the ecological environment, ensuring a dynamic balance of the total cropland and, in accordance with the relevant laws, regulations and regulations, such as the People's Republic of China's Land Management Act, the development of this approach in conjunction with the province.
Article 2 refers to land reclaims as described in this approach, which means taking corrective measures against land damaged by exhumation, devastation, depression, etc. in the production process so that it can resume its activities.
Article 3 shall be subject to this approach in the administration of land reclaims and land reclaims within the province.
Article IV Scope of land reclaims include:
(i) Mining, exhumation, landing, etc., directly damaged land;
(ii) Exploitation of lands that have led to the fall of land;
(iii) Removals of waste from production processes such as mining, metallurgy, fuel coal power generation;
(iv) Other land that should be reclaimed by law, regulations and regulations.
Article 5 Land reclaims are guided by the following principles:
(i) Who destroys, who reclaims and who benefits;
(ii) Rehabiting cropland as a matter of priority;
(iii) Harmonization planning with production;
(iv) Unification of economic benefits, social benefits and ecological benefits.
Article 6
Article 7. The Government of the people at the district level shall organize relevant sectoral and scientific units to actively undertake land reclaiming studies, promote land reclaiming advanced technologies and increase land reclaim levels.
Article 8 units and individuals that cause damage to land during the production process must fulfil their land reclaim obligations.
The destruction of the land cannot determine the responsible person and is reclaimed by the Government of the more than the communes.
Article 9. The Government of the people at the district level shall organize the preparation of the current administrative regional land recovery planning, which shall be carried out after approval.
Land reclaiming planning is coordinated with the overall land-use planning and the planning of basic farmland protected areas.
Article 10. Land administration authorities shall prepare annual land reclaim plans with the relevant departments, in accordance with approved land reclaiming plans, and include local national economic and social development plans.
The reclaimed land should be used as a priority for agriculture, with cheap food, cheap forests, pastoral and opioid fishing.
Article 11. Land administration authorities shall determine reclaiming projects and reclaimers in accordance with annual land reclaim schemes.
Article 12. Rehabitants shall prepare land reclaim implementation programmes and report to the Land Administration of the Government of the above-ranking people.
Article 13 has a construction project for land reclaiming tasks, which should include land reclaims in the feasibility studies and the design of task letters, as well as a land reclaim design programme. The design programmes should include the following:
(i) Land area, type, hierarchy;
(ii) The extent of land area, type and damage damaged;
(iii) Rehabiting process design and measures;
(iv) Recovering the required financial budget and sources of finance;
(v) Removal of the obligation, completion period and requirements;
(vi) Reclaimed purposes.
The construction units violate the preceding paragraph and the land administration authorities shall not make agreement on the use of the land document and the planned sector will not have the option.
Article XIV reclaimers shall be self-organizational; reclaims may be reclaimed by other competent units and individuals, or by local land administration authorities, and by land administration authorities.
Contracting to reclaim land shall determine the rights and obligations of both parties in the form of a contract.
Land repayments must be earmarked, and the criteria and methods of use are to be charged by provincial land administrations with provincial prices and the financial sector, and are implemented after the approval of the Provincial Government.
Article 15. Non-agricultural construction of cultivated cultivated land, and construction units and individuals, in accordance with the provisions of the local people's Government, will be used for land recovery. The depth of farming is generally not less than 30 cm.
Article 16 reclaims should take full advantage of the waste generated in the near-production construction and adopt scientific approaches to prevent new pollution.
A party with a waste and a party engaged in a land reclaim shall not be charged to the other.
Article 17
Article 18 reclaimers shall complete their land reclaim tasks in accordance with prescribed time and criteria. Upon completion of the re-recovery project, the reclaimer shall apply to the land administration authorities of the communes at the district level.
Article 19 reclaimed land must be delivered by land administration authorities at the district level, which are eligible to the relevant sector, and by the owner and user.
Unless experienced receipts or receipts are not qualified, they cannot be delivered.
Article 20 Post-recovery land requires the identification of the right to use, which is reviewed by land administration authorities at the district level and issued land-use certificates after approval by the same-ranking people's Government.
Article 21, land damaged during the basic construction process, the land reclaimer and the cost of compensation for land loss are charged from capital investment.
The land damaged during the production process is covered by the land retrofitting funds from the enterprise to update the rehabilitation fund; the reclaim is directly used for basic construction and the land reclaim costs are charged from this basic construction investment.
Article 22 reclaimers have paid arsenal fees according to the relevant provisions and no land reclaimer obligations are incurred, except for the payment or partial exemption of the arable land.
Article 23 defines land reclaimed by all levels of people's organizations, refunding funds from the arsenal of arable land, land credits, arable land, land leave and land residues.
The lower-level people's Government has organized land reclaim projects that exceed 75 hectares, which are subsidized by the Provincial Government.
Article 24 Governments of more people at the district level should take measures to encourage units and individuals with reclaimed capacity to reclaim land contract reclaimed by the Government. The reclaimed land is reclaimed by the principle of who reclaims, who benefits, with priority being given to reclaiming units and individuals, and enjoys preferential policies such as tax relief provided by the State.
Article 25, in violation of article 15 of this approach, shall be taken away from the arsenal and shall be fined by the land administration authorities of more than 2,000 square meters.
Article 26, in violation of this approach, does not comply with or do not require the fulfilment of land reclaim obligations, by the authorities of the land administration at the district level that are responsible for the relocation of their deadlines; by failing to change, the payment of reclaims, specially for land reclaims, and may be fined according to national and provincial provisions.
Article 27 imposes a fine in accordance with the provisions of this scheme, which must be used by the provincial financial sector to maintain a fine. All fines are handed over to the State.
Article 28 does not determine administrative penalties and may apply for review or prosecution to the People's Court in accordance with the law. The parties did not apply for reconsideration, nor were they prosecuted before the People's Court and failed to comply with the penalties decision, and the organs that had made a punitive decision applied for enforcement by the People's Court.
Article 29, Staff of the Land Administration, who play a role in the management of land, abuse of authority, provocative fraud, do not constitute a crime, is subject to administrative disposition by their units or superior authorities; constitutes an offence punishable by law.
Article 33 lands that have been damaged prior to the operation of this scheme are cleaned up by the Government of the more people at the district level, clearly reclaimed the obligation and reclaimed under this approach.
Article 31 of this approach was implemented effective 1 February 1999.