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Administrative Measures On Land Use Planning In Jiangsu Province

Original Language Title: 江苏省土地利用总体规划管理办法

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Chapter I General

Article 1, in order to regulate overall land-use planning management, promote the rational use of land resources, and to develop this approach in line with the provisions of legal regulations such as the People's Republic of China Land Management Act.

Article 2

Article 3. The overall land-use planning described in this approach refers to the overall arrangements made by the people at the local level for activities such as land conservation, development, use and rehabilitation in the current administrative region over a period of time, which are the basis for the implementation of land-use control and land macro-controlled management, integrated arrangements for all categories of land and regional uses.

Article IV prepares, approves, implements and revises overall land-use planning, and should follow up on the basic national policy of valuing, rationalizing land and effectively protecting arable land, upholding the most stringent cropland protection system and the most rigorous system of savings, integrated rural and urban land, protecting and improving the ecological environment and guaranteeing sustainable use of land resources.

Article 5

More than the local Land Resources Administration authorities at the district level will be responsible for specific work on the overall land use planning and implementation of the current administrative area.

Any units and individuals in Article 6 should be subject to the overall land use planning.

Urban and rural planning and various types of land-use-related planning, such as energy, transport, water, and oceans, should be aligned with overall land-use planning.

Article 7. Governments of people at the local level should include the overall planning and modification of land use in the financial budget.

Chapter II Planning

Article 8. Governments at the local level should organize overall land-use planning based on national economic and social development planning, at the grass-roots level, in accordance with standards, protocols and technical norms issued by States and provinces. The overall land use planning in the province should also be consistent with the province's main functional areas.

Article 9

The relatively independent regions, such as farms, salts and forest sites, should be prepared separately, in accordance with the requirements for the overall land use planning of communes (communes), and the planning control indicators are integrated into the overall land-use planning arrangements of the location (markets, areas).

In line with regional coordination development needs, regional land-use master planning or overall land use planning can be developed. Regional overall land use planning, functional land use planning in the area of land use will be developed by the top-level territorial resource administration authorities in the relevant administrative regions.

Article 10. The overall land use planning period is generally 15 years, and the target year should be aligned with the above-mentioned overall land use planning.

The overall land-use planning should be based on national economic and social development planning for the near term land use arrangements for five years.

Prior to the preparation of the overall land use planning for provinces, municipalities in the establishment area, and districts (markets, areas), the territorial authorities should assess the implementation of the current overall land-use planning and carry out pre-periods such as basic surveys, thematic studies.

Article 12 Local Land Resources Administration authorities at the district level above shall organize, on the basis of pre-planning work, a general land-use planning outline based on real, accurate and legitimate land survey base data.

Article 13. The overall land use planning outline is reviewed by the executive authorities of the land-use resources that are sent to the overall land-use planning approval body on a case-by-step basis upon review by the current people's Government.

Article 14.

The overall land-use planning outline adopted by the review could serve as a basis for the revision of the overall land use planning of the commune (communes).

Article 15. Overall land use planning is based on the following principles:

(i) Strict protection of basic farmland and control of non-agricultural construction of agricultural land;

(ii) Improving land use rates;

(iii) Integrated arrangements for a variety of geographical areas;

(iv) To protect and improve the ecological environment and to secure the sustainable use of land;

(v) Removal land is balanced with the development of reclaimed land.

Article 16 Overall land-use planning in the province should implement national land use mandates, identify the main directions of land use in all regions, regulate the scale and structure of land use in the controlled areas, and arrange major land-use-use specificities.

The overall land-use planning in the districts, districts (markets, areas) should be reasonably adapted to the land-use structure and the BB, combining urban and rural planning, delineating land-use areas, specifying the scope of the area of construction in urban areas or town villages, and implementing the various land-use control indicators in line with the overall land-use planning requirements and the characteristics of the current administrative region.

The overall land-use planning of the communes (communes) should be implemented in all types of land-use control indicators, scales and subsectors, in accordance with the overall land-use planning requirements at the highest level.

The approach refers to land-use structures and sub-offices, which refer to the percentage structure, interrelationship and distribution of all types of land.

Article 17 Overall land use planning developed by the lower-level people's Government should be consistent with the control indicators identified in the overall land use planning at the top level. The size of rural and urban areas, the size of each urban mined area and the scale of new land-use areas should not exceed the control targets established in the overall land-use planning at the grass-level level; arable land tenure and the area of basic agricultural land protection shall not be lower than the control targets established in the overall land use planning at the top level.

The overall land-use planning in the area under Article 18, the city, the district, the town (community), the commune (community) should be scientifically and reasonablely structured in the planning of land in the region as four types of control subsectors such as permitted construction areas, conditional construction zones, restricted construction zones and prohibited construction zones.

Article 19 The Government of the people at the local level should use basic farmland protection as a focus for the development of overall land-use planning, specifying the scope, quantity indicators and quality requirements for basic farmland protection.

The overall land-use planning of districts (markets, areas), communes (communes) should identify basic farmland protected areas.

Article 20 requires the Government of the people at the local level to fulfil the mandate of the basic agricultural land protection indicators issued at the level. The Government of the people at the local level, on the basis of the completion of its mandate on basic agricultural land protection indicators at the upper level, could have a number of basic farmland fields.

Projects identified in the overall land use planning project in the district (communes, areas), communes (communes), communes (communes), or land-use master plan development project portfolios have been included to take over basic farms planned in basic farmland protected areas and to conduct land-use clearance procedures in general.

Article 21

The territorial resource administration authorities at the local level above should be informed by the law of the draft plan to the social notice before 20 working days of the overall land-use planning report, as well as the public consultation, hearings or other means. Among them, the draft general land-use planning for the communes (markets, areas), communes (communes) should be held in hearings; the draft general land-use planning for communes (communes) should also be published in the villagers' village councils in the current administrative area and heard by villagers.

Chapter III Planning for approval

Article 23. Overall land use planning is subject to sub-tier approval.

The provincial land use master plan, approved by the Department of State; the overall land-use planning for more than 1 million cities and cities designated by the Department of State, was approved by the Department of State following review by the Government of the province.

Article 2, paragraph 2, provides for an overall land-use planning in other areas other than the establishment, which is approved by the Government of the province.

Overall land-use planning in the district (markets, areas) is approved by the Government of the Provincial People following a review of the consent of the municipalities in the area.

The commune (commune) land-use master planning and location-wide land-use planning are approved by the commune-level government.

Article 24

Article 25 is responsible for a review of the overall land-use planning for the delivery of a tiered land resource administration and for the review of the Government of the people of the province. Experts from the relevant departments and relevant industries should be consulted in the review of the overall land-use planning review of the areas in which they are established.

Article 26

(i) Planning text and description;

(ii) Planning charts;

(iii) Planning results database;

(iv) To seek advice, expert opinions, hearings, etc.

The overall land-use planning in the established areas (markets, areas) should also be presented to thematic studies, the review of the overall land-use planning outline and the revision of implementation reports.

Article 27 Overall land use planning has been approved by law, and the authorities of the people concerned should receive public access and oversight within 20 working days of the date of ratification.

The overall land-use planning of communes (communes) should be declared in accordance with the law within this administrative area.

Chapter IV Planning for implementation

Article 28 Governments at the local level should implement land-use control in accordance with the overall land-use planning, strictly land-use planning management, limit the conversion of farmland to building land and control the scale of all types of building land.

Article 29 of the provincial Land Resources Administration is responsible for the breakdown of the country's annual land-use plan targets, which have been implemented with the consent of the Government of the province. People's governments at the local level should strictly implement the higher-level land-use annual plan.

Article 33 Rural and urban-rural construction projects should be organized to allow the construction area; there is a need for conditionality-building arrangements, which should be approved by the territorial resource administration authorities of the pre-approved organs, subject to procedures for adjusting the scale of land use in rural areas and urban areas without breakthroughs.

Constraints may not arrange for new rural and urban construction sites; the construction area shall not arrange construction projects that are incompatible with the protection function.

In planning for construction projects or land rehabilitation projects, Article 31 should be based on the control subsectors established under the overall land use planning and the planning-led use of the area in which the land is located. The construction of the sea area, which is delineated in the marine functional area, is considered to be consistent with the overall land use planning.

The construction of a land area by a given town village confirms that it would be necessary to take over the area permitted to build, and that it would be smaller than the general land area identified in the overall land-use planning course of the commune (commune) land use, in line with the overall land-use planning.

Article 32 projects identified in the overall land-use planning project list, as well as projects in the overall land-use planning map for land use, have been reserved for water, transport gallery or spaceB, using land-use master planning. With regard to the use of the overall land use planning area for a large number of basic farms, write-offs should be made in accordance with the provisions.

Article 33 is smaller in land area and is difficult to position the base, telecommunications base stations, hydro stations, navigation stations (consistency), pipelines of oil (hydro, water) and their additional pressure (review) stations, environmental monitoring automated sites, hydrology measurement sites, measurement signs, etc. infrastructure projects, without prejudice to the ownership of land-use areas, using land-use planning. With regard to the use of the overall land use planning area for a large number of basic farms, write-offs should be made in accordance with the provisions.

Article 34, the Land Resources Administration shall preside over the construction of the project area on the basis of the overall land-use planning and shall not be pre-trialized without prejudice to the overall land-use planning.

Article 33 establishes an overall land-use planning assessment system. The planning authority should organize an assessment of planning implementation by the relevant sectoral and relevant industry experts and seek public advice, including through hearings, seminars. The planning authority shall submit an assessment report and accompany the request.

The overall land-use planning assessment in provinces, municipalities, districts (communes, districts) is organized by the same-level people's governments, and the overall land-use planning assessment in the communes (communes), can be conducted in parallel with the overall land-use planning assessment in the district (communes, areas).

Article 36 Local Land Resources Administration authorities at the district level should strengthen land survey statistics and monitoring evaluations, establish an overall land-use planning information system, and use modern science and technology tools to carry out dynamic monitoring of overall land use planning.

Chapter V Planning amendments

Article 37 Overall land use planning has been approved and must be strictly enforced, without the consent of the provincial people within three years of the date of ratification.

Article 338 Changes in overall land use planning should be guided by the following principles:

(i) Strict enforcement of legal regulations and maintenance of the seriousness and authority of planning;

(ii) To effectively protect arable land and basic farmland and to ensure the implementation of farming and basic farmland protection tasks;

(iii) Integrate economic efficiency, social benefits and eco-efficiency, optimizing land-use structures and BB;

(iv) A reasonable allocation of land resources to promote land savings.

Article 39 Overall land-use planning approved by the Provincial People's Government is one of the following cases:

(i) Significant changes in national strategic planning, economic and social development conditions;

(ii) Specific planning changes in economic and social development planning and transport, water, energy, environmental protection, ecology, and new major infrastructure, vital livelihood projects in the urban areas in need of adaptation to the overall land-use planning project list, priority project use;

(iii) Approval of planning control indicators, such as the size of new construction sites, the protection of basic farmland and the quantity of arable land tenure;

(iv) The size of the remaining planning towns is acutely inadequate and the need to adapt rural and urban-rural building structures and abundance;

(v) Adjustments to administrative areas;

(vi) The impact of natural disasters and the need for absorption;

(vii) The Government of the State and the Provincial People's Government also provides.

In the case of paragraph 1 (i), (iii), (iv) of this article, changes in overall land use planning should also be made to the current overall land use planning exercise.

Article 40. Overall land use planning needs to be modified without breakthroughs in the overall land-use planning indicators. However, changes in the overall land-use planning of the communes (communes) require a breakthrough in the use of land control indicators, which should be addressed in a balanced manner within the territorial district administration.

In the overall land-use planning changes, new and high-quality land-recovered land should be prioritized into basic farmland areas and integrated into fragmented basic farmland areas and the promotion of a concentration of basic farmland.

Article 40 Changes in overall land use planning must be approved by the original approval authority. The approved overall land use planning should be published in accordance with article 27 of this approach. However, in accordance with article 26, paragraph 2, and paragraph 3, of the People's Republic of China Land Management Act, the overall land-use planning has been modified in accordance with the approval by the State Department or the Government of the province.

Chapter VI Oversight inspection

Article 42

The overall land-use planning of land-use indicators, such as arable land tenure, protected area of basic farmland, and the scale of rural and urban-rural land-use land-use land-use planning, has been incorporated into the annual responsibilities objective of the Government.

Article 43 above the local people's Government and its territorial resource administration authorities should establish a robust monitoring inspection system to enhance monitoring of the implementation of the overall land-use planning and to detect, suppress and correct violations of the overall land use planning in a timely manner.

Local Land Resources Administration authorities at the district level should report annually to the current people's Government on overall land use planning.

Article 44

(i) Request documentation, information relating to oversight matters;

(ii) Request interpretation and clarification on issues related to oversight matters and conduct on-site surveys as required;

(iii) To stop violations of overall land use planning.

Units and personnel subject to scrutiny should be synchronized and should not impede and block the monitoring activities carried out by law.

Any unit or individual has the right to report violations of overall land use planning to the people at the local level and their territorial resource authorities.

The Government of the people at the local level and its territorial resource administration authorities should inform the author of the report within 15 days of the date of receipt of the report and address the results from the date of the receipt of the report; the complexity of the situation cannot be dealt with within the prescribed time period and, with the approval of the head of the executive branch, the duration of the proceedings may be extended, but the extension period shall not exceed 30 days.

Chapter VII Legal responsibility

Article 46 has not been prepared in accordance with the law for overall land use planning or has not been prepared in accordance with the statutory procedures for the preparation, approval and modification of overall land-use planning, as well as for the release of approved overall land-use planning without the law, which is criticized by the Government of the High-level People's Government; and disposed of them by law.

Article 47 provides that the Government of the people at the local level does not plan land for use in accordance with the overall land-use planning system and its approval documents are invalid. Individuals directly responsible for unlawful ratification and other persons of direct responsibility are treated in accordance with the law; they constitute crimes and are criminally prosecuted by law. Illegal approval and use of land should be recovered and the parties concerned refused to return to illegally occupied land arguments.

Article 488 of the lower-level people's Government has taken away from the land-use annual plan, which is corrected by the Government of the people at the highest level, taking into account the next annual land-use plan targets, and has been taken into account by law for the direct responsible and other direct responsibilities.

Article 49 above has one of the following acts in the relevant sectors of the local people's Government, which is redirected by the Government of the current people, the relevant authorities of the Government of the people at the highest level, in accordance with their mandate, to inform the criticisms; to treat persons directly responsible and other persons directly responsible, in accordance with the law; and to hold criminal responsibility under the law:

(i) No pre-trial documents in accordance with the provisions of nuclear-weapon-free zones;

(ii) Approval or approval of construction projects that are not pre-exploited or are not used for prequalification.

Article 50 of the Land Resources Administration of the local people at the district level or in other sectors, reports of violations of overall land use planning are not promptly accepted and processed in accordance with the law and are taken into account by law for the direct responsible and other direct responsibilities.

Chapter VIII

Article 50 of the provincial authorities for the administration of land resources may establish rules based on this approach.

Article 52 is implemented effective 1 August 2015.