People's Republic of China promulgated by Decree No. 592 of the land reclamation regulations Executive meeting of the State Council on February 22, 2011 the 145th through, are hereby promulgated and, as of the date of promulgation.
Premier Wen Jiabao on March 5, 2011
Land reclamation regulations
Chapter I General provisions
First to implement treasure, the rational utilization of land and the basic national policy of protecting cultivated land, regulate land reclamation activities, strengthen the management of land reclamation, improve the social, economic and ecological benefits of land use, in accordance with the People's Republic of China land management law, this Ordinance is enacted.
Second land reclamation mentioned in these regulations refers to production and construction activities and land damaged by natural disasters, take measures, to reach the available activities. Article production and construction activities, damage to land, according to the "who destroyed, whose reclamation" principle, by the construction of production units or individuals (hereinafter referred to as land reclamation obligations) is responsible for reclamation.
However, due to land reclamation obligations for historical reasons was unable to determine who damaged land production and construction activities (hereinafter referred to as damaged land left over from history), and organized by the people's Governments above the county level are responsible for reclamation.
Lands damaged by natural disasters, organized by the people's Governments above the county level are responsible for reclamation.
Fourth production and construction activities should be economical and intensive use of land, not accounted for or less arable land; the land occupied by law shall take effective measures, reducing the area of land damaged, reducing land damage. Land reclamation should adhere to the scientific planning, according to principles of integrated, economically feasible and reasonable utilization.
Reclamation of land shall be used in agriculture. Fifth the land and resources department is responsible for the supervision and administration of national land reclamation.
Local people's Governments at or above the county level land and resources authorities are responsible for the administrative supervision and management work of land reclamation.
Relevant departments of the people's Governments above the county level in accordance with the provisions of the Ordinance and their respective responsibilities relating to land reclamation works.
Sixth compilation of land reclamation programme, implementing land reclamation, land reclamation and acceptance activities, shall comply with the land reclamation standards; the absence of national standards, land reclamation shall comply with industry standards.
Development of land reclamation of national standards and industry standards should be based on the type of land damaged, level, factors such as natural and geographical conditions and the feasibility of reclamation, classification to determine how different types of damage to the land reclamation, objectives and requirements.
Seventh local people's Governments at or above the county level shall land reclamation departments shall establish a monitoring system of land and resources, to grasp the effects of damage to land resources and land reclamation of the administrative regions.
Land and resources Department of the State Council and the provincial, autonomous region or municipality land and resources departments should establish and improve the information management system for land reclamation, land reclamation to collect, compile and publish data. Eighth people's Governments above the county level land and resources administration duties should be based on strengthening the supervision and inspection of land reclamation.
The inspected unit or individual shall faithfully reflect the situation, provide the necessary information.
No unit or individual shall disturb, obstruct work on land reclamation, land reclamation projects, facilities, and equipment.
Nineth land reclamation State encourages and supports scientific research and technological innovation, promoting advanced technology of land reclamation.
In land reclamation work units and individuals who have made outstanding contributions to, the people's Governments above the county level shall give awards.
Chapter II production and construction activities of damaged land reclamation
Tenth following damage to land by reclamation of land reclamation obligations are responsible for:
(A) open pit mining, fire bricks, sand-dredging soil of land damaged by surface mining;
(B) the land surface subsidence caused by underground mining;
(C) stacking mining mining, waste rock, slag, fly ash and other solid waste land;
(D) energy, transport, water conservancy and other infrastructure and other production of temporary occupation of land damaged by construction activities.
11th reclamation land reclamation obligation shall, in accordance with standards and the State Department of land and resources authorities prepared on land reclamation programme.
12th land reclamation programmes should include the following elements:
(A) project profile and land use in the project areas;
(B) damage analysis prediction and evaluation of land reclamation of the land;
(C) land reclamation objectives and tasks;
(D) land reclamation shall meet quality requirements and measures taken;
(E) land reclamation project and investment revaluation () operator;
(Vi) land reclamation fee arrangements;
(VII) land reclamation work plans and schedules;
(VIII) other elements of land and resource administration under the State Council.
13th land reclamation obligations should be carried out land for construction applications or when applications for mining rights, land reclamation programme related materials submitted for approval.
Duty has been produced on land reclamation land reclamation programme or does not meet the requirements of the land reclamation programme, have the right of approval of the people's Governments shall not be approved for construction, land and resources authorities have the right of approval shall be granted by the mining permit.
Prior to the implementation of the Ordinance has provided land for construction purposes or for mining licences, after the implementation of these regulations, to keep on producing land damage from construction activities, land reclamation obligation shall, in accordance with the land and resources department provides staffing land reclamation programme. 14th duty land reclamation land reclamation work should be carried out in accordance with the land reclamation programme.
Mining enterprises should also be dynamic monitoring and assessment of land damage.
Production of the long construction period, the need for reclamation in stages, obliged to land reclamation land reclamation should be unified planning, co-ordination, implementation and construction of production activities, according to the construction schedule phase objectives of land reclamation tasks, project planning and design, fee schedule, project schedules and deadlines, etc.
15th duty land reclamation land reclamation costs should be included in the production costs or construction projects with a total investment.
16th section land reclamation obligations shall establish a quality control system for land reclamation, land reclamation standards and in compliance with standards for environmental protection, protection of soil quality and the environment, avoid contamination of soil and groundwater.
Land reclamation obligations should be the first to be damaged farmland, woodland, grassland topsoil stripping, stripping of topsoil to be damage to the land reclamation. Prohibit heavy metals or other harmful substances used as backfill or filling material.
Contamination by heavy metals or other harmful substances polluting the land after reclamation, are not up to national standards shall not be used for growing food crops.
17th land reclamation obligations shall, before December 31 in each year to the local people's Governments at or above the county level land and resources authorities report that year damaging usage, land reclamation and land reclamation project implementation.
Competent departments of land and resources of local people's Governments at or above the county level shall strengthen the obligation to use the land reclamation of land reclamation costs and the supervision of the implementation of the land reclamation works.
18th land reclamation obligations are not reclaimed, or reclamation acceptance has not qualified corrective, land reclamation fees shall be paid by the relevant reclamation of land and resources administration on behalf of the organization. Determine the amount of land reclamation fees, should be considered before the damaged area of land type, the actual damage, damage, reclamation, reclamation standards use and amount of engineering required to complete reclamation task and other factors.
Specific measures for the collection and use of management of land reclamation fees, financial and pricing departments under the State Council departments concerned under the State Council. Land reclamation land reclamation of the obligation to pay fees for use in land reclamation.
No unit or individual may intercept or appropriate or divert.
19th land reclamation obligations for damage in production and construction activities by other units or individuals to use State-owned land or collectively owned by peasants of land, was responsible for reclamation, but should also be paid to the entity or individual who suffers loss compensation.
Compensation fee from land reclamation obligations and suffer a loss of units or individuals in accordance with the actual losses determined through consultation, to land local government land and resources authorities can apply for mediation or civil action to a people's Court according to law.
20th land reclamation land reclamation obligations does not perform its duties, when they apply for new construction land, have the right of approval of the people's Government may not approve; applications for new mining permits or when applying for a mining permit continuation, modification and cancellation, have the right of approval of the land and resources administration shall not be approved.
Chapter legacy of damaged land and natural disasters damaged land reclamation
21st people's Governments above the county level land and resources departments should damage to the historical land and conducting the investigation and evaluation of natural disaster damage.
22nd people's Governments in charge of land and resources authorities above the county level should be based on the evaluation, based on general land use planning land reclamation planning, determine reclamation and reclamation objectives and tasks and requirements in key areas, and reported to the people's Governments at the corresponding level for approval organization. 23rd of damaged land and natural disasters damaged land left over from history, the people's Government above the county level should be devoted to reclaiming the funds, or follow the "who invest, who benefit from" the principles of attracting investment from reclamation.
Land rights clear, affirmative and preferential measures, encouraging the reclamation of land rights by themselves.
24th State historical damage and damage to the land reclamation project implementation management of natural disasters.
Competent departments of land and resources of the people's Governments above the county level should be based on land reclamation planning and annual funding arrangements for annual reclamation project of land reclamation.
Reclaiming the 25th government investment, responsible for implementing land reclamation project of land reclamation in land and resources departments should prepare a project design document, define the location, size of the reclamation project, objectives and tasks, project planning, design, implementation, progress and completion deadlines.
Land rights their own reclamation or reclamation of social investment, land rights or investment units and individuals shall organize and prepare a land reclamation project design document, and is responsible for implementing land reclamation project land and resources departments for examination and approval before implementation.
26th government investment reclaiming, relating to land and resources departments should be in accordance with the tender provisions of laws and regulations, by way of open tender to determine land reclamation project of the construction unit.
Land rights their own reclamation or reclamation of social investment, construction units by the land rights of the land reclamation project or investment units and individuals shall itself determine.
27th land reclamation project of the construction unit shall, in accordance with the reclamation land reclamation project design document.
Is responsible for implementing land reclamation project land and resources departments should improve project management system, strengthen guidance, management and supervision of the project implementation.
Fourth chapter of land reclamation acceptance
28th obligations in accordance with the land reclamation programme in land reclamation land reclamation required to complete tasks, shall, in accordance with the land and resources Department of the regulations apply to departments of land and resources of local people's Governments at and above the County inspection, land and resources department in conjunction with the receipt of the application in agriculture, forestry, environmental protection and other relevant departments to make checking. For land reclamation acceptance shall invite relevant experts to conduct site survey, identification of conformity of reclaimed land reclamation standards and demands of the land reclamation programme, verification of reclaimed land type, size, and quality, and so on, and preliminary results announcement, listen to the views of the relevant right holder.
Related rights holders objected to the completion of land reclamation, land and resources administration shall, jointly with relevant departments for further verification and verification with respect to obligees feedback; the case, land reclamation obligations should be corrective comments.
29th article is responsible for organization acceptance of land resources competent sector should with about sector in received land reclamation acceptance application of day up 60 a days within completed acceptance, by acceptance qualified of, to land reclamation obligations people issued acceptance qualified confirmed book; experience received not qualified of, to land reclamation obligations people issued written rectification views, column Ming need rectification of matters, by land reclamation obligations people rectification completed Hou again application acceptance. After completion of the 30th government investment in land reclamation projects, is responsible for implementing land reclamation project land and resources departments should be in accordance with the regulations set forth in article 28th of the preliminary acceptance. After the testing is completed, is responsible for implementing land reclamation project land and resources departments shall, in accordance with the land and resources department provides a higher level of people's Governments in charge of land and resources departments to apply for final acceptance.
People's Governments in charge of land and resources departments at higher levels shall, jointly with relevant departments timely acceptance.
Land rights themselves reclamation or reclamation of land reclamation project after the completion of the social investment, is responsible for implementing land reclamation project land and resources department in conjunction with the relevant authorities for approval.
31st reclaimed for farmland, is responsible for acceptance of land and resource administration shall, jointly with relevant departments in acceptance within 5 years after the track effect evaluation of land reclamation, and proposed recommendations and measures to improve land quality.
Land reclamation in the fifth chapter incentive
Article 32nd land reclamation duties in production and construction activities within the prescribed time limit damage farmland, woodland, pasture and other agricultural land reclamation and restoration, in accordance with the relevant provisions of the tax laws and regulations of the state refund of already paid tax on land occupation.
Article 33rd social investment reclaiming damaged land left over from history or natural disasters damaged land, belonging to persons with no right of State-owned land, approved by the people's Governments above the county level in accordance with law, you can determine the investment units or individuals engaged in farming, forestry, animal husbandry and fisheries production.
Social investment reclaiming damaged land left over from history or natural disaster damaged land belong to the peasant collective land or to use State-owned land, relating to land and resources departments should organize investment units or individuals sign agreement on land reclamation and land rights, after defining objectives and tasks, as well as reclamation of the reclamation of land-use and distribution.
Article 34th historical damage and natural disasters damage State-owned land-use rights of people, as well as the historical damage and damage of natural disasters of farmer collective land ownership, right to person, will damage their own land reclamation for cultivation, subsidized by the local people's Governments at or above the county level.
Local people's Governments at or above the county level article 35th historical damage and natural disasters damaged land reclamation for cultivation, in accordance with the relevant provisions of the State, as the provinces, autonomous regions and municipalities within the supplementary cultivated land for non-agricultural construction land targets.
The sixth chapter legal liability
Article 36th departments responsible for the supervision and administration of land reclamation and his staff of any of the following acts, the directly responsible person in charge and other direct liable persons shall be given disciplinary; directly responsible person in charge and other direct liable persons constitutes a crime, criminal responsibility shall be investigated in accordance with law:
(A) approval of construction land in contravention of this Ordinance required or approved mining license and the continuation, alteration or cancellation of the mining license;
(B) withhold or appropriate or divert land reclamation fees;
(C) fraud in the land reclamation acceptance;
(D) does not perform its functions of supervision or discovery does not investigate and punish the acts in violation of this Ordinance;
(E) review of the land reclamation programme, implementing land reclamation projects, land reclamation and acceptance, as well as in the process of conducting supervision and inspection, ask for and accept other people's property, or seeking other interests;
(Vi) other acts of favoritism, abuse their powers, neglect their duties.
Before the 37th article of the Ordinance has provided land for construction procedures or obtain a mining permit, after the enforcement of this Act continue to be engaged in production and construction activities cause damage to the land reclamation obligation in accordance with the provisions of the supplementary programming of land reclamation, by the Department of land and resources of local people's Governments at or above the county level rectification; fails, fines of between 100,000 yuan and 200,000 yuan.
Land reclamation obligations for does not article 38th land reclamation costs in accordance with the provisions be included in production costs or construction projects with a total investment of, by the Department of land and resources of local people's Governments at or above the county level rectification; fails, less than 100,000 yuan and 500,000 yuan in fines.
39th land reclamation obligation in accordance with provisions of article to be damaged farmland, woodland, grassland topsoil stripping, by the Department of land and resources of local people's Governments at or above the county level rectification; fails to correct it, according to the overburden should be carried out by the land area per hectare 10,000 yuan fine.
40th article land reclamation obligations people will heavy metal pollutants or other toxic harmful material as backfill or filling material of, by County above place government environmental protection competent sector ordered stop violations, deadline take governance measures, elimination pollution, at 100,000 yuan above 500,000 yuan following of fine; late not take governance measures of, environmental protection competent sector can specified has governance capacity of units on behalf of governance, by needed costs by illegal who bear.
41st land reclamation obligations people failing to report damage to land usage, land reclamation or land reclamation projects implementation, by the Department of land and resources of local people's Governments at or above the county level rectification; fails, at more than 20,000 yuan to 50,000 yuan fine.
42nd land reclamation obligation in accordance with the provisions of this Ordinance shall pay the land reclamation fees not paid, local people's Governments at or above the county level land and resources administration ordered to pay overdue payments, land reclamation fee should be paid by more than 1 time fined not more than twice, for mine enterprises ' duty in land reclamation, mining licence shall be revoked by the issuing mining licences.
43rd land reclamation obligations people refuse or obstruct the land and resources administration supervision and inspection or accept supervision and inspection to deception, by the Department of land and resources ordered corrective action and fine of between 50,000 yuan and 20,000 yuan the following related personnel activities contravening public security management, public security organs according to law on public security administration punishments; related persons constitute a crime, criminal responsibility shall be investigated according to law.
Land reclamation works, facilities and equipment, activities contravening public security management, public security organs according to law on public security administration punishment constitutes a crime, criminal responsibility shall be investigated according to law.
The seventh chapter by-laws The 44th article of the regulations come into force on the date of promulgation. Land reclamation regulations promulgated by the State Council on November 8, 1988 and repealed.
