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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(January 18, 1999, Shandong provincial people's Government released the 102th according to Shandong provincial people's Government on July 15, 2004 to 172th Amendment) first to strengthen its land reclamation work, the rational use of land resources, improve the ecological environment, ensure that the 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.
    Land reclamation in these measures in article, refers to the process of building due to excavation, caves, pressure to the damage caused by land to take measures that will make it back to the available State activities.
    Article in within the administrative area of the province engaged in land reclamation and land reclamation management shall comply with these measures.
    Fourth land reclamation's scope includes: (a) mining, dredging, soil surface direct destruction of land, (ii) land of ground subsidence caused by underground mining, (iii) mining, smelting, coal-fired power generation in the production process, such as the emission of waste land and (iv) other laws and regulations should be reclaimed land.
    Land reclamation in the fifth followed the following principles: (a) who destroyed, who reclaimed, who reclaimed, who benefit; (b) in line with local conditions, giving priority to reclamation of arable land; (c) the production and construction of unified planning, step by step, (iv) integrating economic, social and ecological benefits.
    Sixth land administrative departments of the people's Governments above the county level shall be responsible for the management work of land reclamation in the administrative areas; other relevant departments shall, in accordance with their respective responsibilities, to work closely with common good management of land reclamation.
    Seventh people's Governments above the county level shall organize relevant departments and research units, and actively carry out research on land reclamation, land reclamation Advanced promotion technologies, raise the level of land reclamation.
    Eighth in production process of building damage to land units and individuals to carry out land reclamation obligations.
    Land of responsible person cannot be determined, organized by the people's Governments above the county level reclamation.
    Nineth people's Governments above the county level shall organize relevant departments to prepare the administrative land reclamation planning, according to regulations implemented after approval.
    Land reclamation planning and comprehensive land use planning and coordinating basic farmland protection plan.
    Land administrative departments shall be approved in accordance with article tenth of land reclamation planning, in conjunction with the land reclamation departments prepare annual plans and into local economic and social development plans.
    After the reclamation of land for agriculture should be given priority, suitable for grain food, and Lin Lin, suitable for animal husbandry animal husbandry, and fishing is fishing.
    11th annual land administrative departments should be based on land reclamation plan, determine the reclamation project and reclamation duties.
    12th reclamation obligations should prepare the land reclamation programme, and reported to the land administrative departments of the people's Governments above the county level for the record. 13th land reclamation and building projects tasks, the feasibility study and design of land reclamation should be included in the mission statement, and attached with the land reclamation scheme.
    Design shall include the following: (a) land area, category, rank, (ii) land area, categories of damage and destruction, (iii) reclamation process design and measures; (d) reclamation required budget and sources of funding; (v) reclamation obligations, deadlines and requirements (vi) uses after reclamation.
    Employer violations of the provisions of the preceding paragraph, land administrative departments may not release agreed to put the files, plan service not approved.
    14th reclamation obligations should organize reclamation; proof of inability to reclamation, can be contracted by other units and individuals with conditions reclamation or land reclamation fees paid to the local land administration authority, organized by the land administration authorities are responsible for reclamation.
    Contracting of reclaimed land, it should take the form of contract, the employer's rights and obligations of the parties.
    Land reclamation costs should be earmarked, its collection of standards and use of the Department of land administration in conjunction with the provincial prices, the financial sector separately, submitted to the provincial people's Government for approval before implementation. 15th non-agricultural construction land, construction units and individuals shall be in accordance with the provisions of the local government, the topsoil stripping the surface of arable land, used for land reclamation.
    The depth of topsoil stripping is generally not less than 30 cm.
    16th section land reclamation should take full advantage of the nearby production of construction waste, and to adopt scientific methods for preventing new pollution.
    On the waste of land reclamation, with wastes and land reclamation shall be charged to the other party.
    17th construction of production units and individuals for their destructive use of land, was responsible for land reclamation, but also should be required to damage units or individuals to pay for land compensation and attachment loss compensation on the ground. 18th reclamation obligations should be in accordance with the regulations and standards of land reclamation tasks.
    Reclamation project after the completion of reclamation obligations to the land administrative departments of the people's Governments above the county level should be applied for acceptance.
    19th reclamation of land must land administrative departments of the people's Governments above the county level shall, jointly with relevant departments after acceptance, deliverables, original land owners and users are not allowed to refuse.
    Not qualified for acceptance or acceptance shall not be delivered.
    20th reclaimed piece of land you need to determine rights, land administrative departments of the people's Governments above the county level shall audit, reported to people's Governments at the same level for approval, issuing land use permits.
    21st capital land destroyed in the process, the land reclamation costs and land compensation fees from capital investment expenditures.
    Damaged land in the production process, the land reclamation costs from the business renovation Fund in Liechtenstein; reclaimed directly related to capital, land reclamation costs for such capital investment expenditures.
    22nd reclamation obligation has been paid in accordance with the relevant provisions of cultivated land to make land, land reclamation obligations no longer, exempt or partially exempt from arable land to make land charges excluded.
    23rd land reclamation plan required by the people's Governments at all levels and reclaimed land, funds by the people's Governments above the county level from arable land occupation tax, land transfer, cultivated land to make land, idle land left uncultivated and other capital expenditures.
    People's Governments at lower levels over 75 hectares of land reclamation projects, the provincial governments be supplemented. The 24th people's Governments above the county level shall take measures to encourage reclamation capacity in units and individuals will have to be organized by the Government reclamation of land reclamation.
    Who reclaimed land by reclamation, who benefit from the principle of priority to reclamation unit and individual use, and enjoy such preferential policies as tax reductions or exemptions stipulated by the State.
    25th article violates this article approaches its 15th, stripping topsoil and not split, land administrative departments of the people's Governments above the county level fined not more than 2 Yuan per square meter.
    26th article violates these rules, failure or not complying with the provisions for the fulfilment of obligations of land reclamation, land administrative departments of the people's Governments above the county level shall be ordered to rectify; fails to make corrections, shall be ordered to pay a reclamation fee, for use in land reclamation and fines in accordance with national and provincial. 27th in accordance with this regulation when implementing the fine you must use fine instruments made by the provincial financial department.
    All fines turned over to the State Treasury. The 28th party refuses to accept the decision on administrative penalty law may apply for reconsideration or bring a lawsuit.
    Party fails to apply for reconsideration or bring a lawsuit, nor performs the decision on punishment, made the decision to apply to the people's Court for compulsory execution.
    29th the land Administrative Department staff in land reclamation management dereliction of duty, abuse of power, favoritism does not constitute a crime, by their work units or by the competent authority, impose administrative sanctions constitutes a crime, criminal responsibility shall be investigated according to law.
    Article 30th before the implementation of these measures has led to destruction of the land, organized by the people's Governments above the county level shall clean, clear reclamation obligations, and reclaiming as provided herein.
                                                                                                                      31st article this way come into force on February 1, 1999.

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