|
|
[Home]
[Databases]
[WorldLII]
[Search]
[Feedback]
Laws of the People's Republic of China |
[Database Search] [Name Search] [Noteup] [Help]
| Category | LAND ADMINISTRATION | Organ of Promulgation | The State Council | Status of Effect | In Force |
| Date of Promulgation | 1998-12-27 | Effective Date | 1999-01-01 |
|
Regulations on the Protection of Basic Farmland (1998) |
|---|
Article 1 These Regulations are formulated in accordance with the
Agricultural Law of the People's Republic of China and the Land
Administration Law of the People's Republic of China with a view to
practising special protection of basic farmland and promoting sustainable
development of agricultural production and social economy.
Article 2 The state practises the system of protection of basic
farmland.
The basic farmland referred to in these Regulations means the
designated cultivated land which shall not be occupied and utilized
in pursuance of the demand for agricultural produce of the population
and socioeconomic development at a given period and the overall planning
for land utilization.
The basic farmland protection zones referred to in these Regulations
mean the specific protection zones determined in accordance with the
overall planning for land utilization and in pursuance of the legal
procedures for the purpose of practising special protection of basic
farmland.
Article 3 The policy of overall planning, rational utilization,
combination of ulitization and nurturing and strict protection shall
be adhered to in the protection of basic farmland.
Article 4 Local people's governments at all levels above the
county level should include the work of protection of basic farmland
in the national economic and social development plan as one of the
contents of the goals of the government leadership responsibility system
during the term of office and the implementation of which shall be
supervised by the people's government at the next higher level.
Article 5 All units and individuals have the obligation to
protect the basic farmland and have the right to report or file
a charge against acts of infringement on and occupation of and destruction
of basic farmland and other acts in violation of these Regulations.
Article 6 The competent department of land administration and
the competent department of agriculture administration under the State
Council shall be responsible for the work of administering the protection
of basic farmland nationwide in accordance with the division of functions
and responsibilites prescribed by the State Council and in pursuance of these Regulations.
Competent departments of land administration and competent departments
of agriculture administration of local people's governments at all levels
above the county level shall be responsible for the work of administering
the protection of basic farmland within their respective administrative
areas in accordance with the division of functions and responsibilities
prescribed by the people's government at the corresponding level and
in pursuance of these Regulations.
The village(township) people's governments shall be responsible for
the work of administering the protection of basic farmland within their
respective administrative areas.
Article 7 The state shall reward the units and individuals having Article 8 People's governments at all levels should, in the process County-level and village(township) overall planning for land Article 9 The basic farmland delimited by the provinces, autonomous Article 10 The following cultivated land should be delimited as (1)cultivated land in foodgrains, cotton and oils production bases (2)cultivated land with good water conservancy and water and soil (3)vegatables production bases; (4)plots for agricultural scientific research and teaching experiments. Cultivated land along such lines of communications as railways and Article 11 Zoning and demarcation of basic farmland protection zones People's governments at the county level shall set up protection markers Upon zoning and demarcation of basic farmland, people's governments of the provinces, autonomous regions
and municipalities directly under the Article 12 No change shall be effected in contratual management rights Article 13 Technical rules for the delimitation of basic farmland Article 14 Local people's governments at all levels should take measures Article 15 No unit or individual shall change or occupy the basic Article 16 Where occupation of basic farmland has been approved by the Basic farmland occupation units should, in accordance with the Article 17 Kiln building, house construction, tomb building, sand Occupation of basic farmland by any unit or individual for the Article 18 Rendering basic farmland idle or barren by any unit or In respect of any unit or individual for contratual management of basic Article 19 The state advocates and encourages agricultural producers in Article 20 People's governments at the county level should, in the Article 21 Rural collective economic organizations or villagers' Article 22 Competent departments of agriculture administration of local people's governments at all levels above the county level
should, Article 23 Competent departments of people's governments above the Article 24 Where occupation of basic farmland has been apporved by Article 25 Fertilizers supplied to basic farmland protection zones Article 26 In the event of occurrence of an accident or other Article 27 In localities where there are establishment of basic Instruments of responsibility for the protection of basic farmland (1)scope, area and number of plots of basic farmland; (2)land fertility grades of basic farmland; (3)protective measures; (4)rights and obligations of the parties interested; and (5)rewards and penalties. Article 28 Local people's governments above the county level should Article 29 Competent departments of land administration and competent Article 30 Whoever commits any of the following acts in violation of the provisions of these Regulations shall be imposed heavy
penalties in (1)illegal occupation of basic farmland without approval or winning of approval by deceitful means; (2)illegal occupation of basic farmland exceeding the approved quantum; (3)illegal approval for the occupation of basic farmland; and (4)buying, selling or illegal transfer of basic farmland in other forms. Article 31 Whoever is obliged to delimit the cultivated land in the basic Article 32 Whoever destroys or alters basic farmland protection Article 33 Whoever engages in kiln building, house construction, Article 34 Whoever converts and embezzles the cultivated land Article 35 People's governments of the provinces, autonomous regions Article 36 These Regulations come into force as of January 1, 1999.
AsianLII:
Copyright Policy
|
Disclaimers
|
Privacy Policy
|
Feedback
made remarkable achievements in the work of basic farmland protection.
Chapter II Delimitation
of compiling the overall planning for land utilization, list basic
farmland protection as one of the contents of the planning, expressly
defining the arrangement for the layout, quantum targets and quality
requirements of basic farmland protection.
utilization should determine the basic framland protection zones.
regions and municipalities directly under the Central Government should
account for more than 80% of the total area of cultivated land within
their respective administrative areas. Specific quantum targets shall
be broken down and transmitted level by level in accordance with the
overall national planning for land utilization.
basic farmland protection zones and put under strict administration:
determined upon approval of the competent departments concerned under the
State Council or local people's governments above the county level;
conservation works and median- or low-yield farmland under transformation
plan as well as those that can be transformed;
highways and on the periphery of land for construction in municipalites
and villages and townships should be delimited as basic farmland protection
zones on a priority basis in accordance with the overall planning for land
utilization; cultivated land that needs to be returned to forestry, grazing
and lakes should not be delimited as basic farmland protection zones.
shall be carried out with the village(township) as the unit, organization
for the implemention of which shall be conducted by the competent
department of land administration of the people's government at the
county level in conjunction with the competent department of agriculture
administration at the same level.
for the delimited basic farmland protection zones and make an announcement
thereof, the competent departments of land administration of people's
governments at the county level shall build files with copies sent to
the competent departments of agriculture administration at the same level.
No unit or individual shall destroy or alter without authorization
protection markers of a basic farmland protection zone.
Central Government shall organize the competent departments of land
administration and the competent departments of agriculture administration
in conducting acceptance checks for confirmation, or people's governments
of municipalities with subordinate districts and autonomous prefectures
shall, with the authorization of people's governments of the provinces and
autonomous regions, organize the competent departments of land
administration and the competent departments of agriculture administration
in conducting acceptance checks for confirmation.
of the land contractors in the delimitation of basic farmland protection
zones.
protection zones shall be formulated by the competent department of land
administration under the State Council in conjunction with the competent
department of agriculture administration under the State Council.
Chapter III Protection
to ensure that there is no reduction in the quantum of basic farmland within
their respective administrative areas as determined by the overall planning
for land utilization.
farmland protection zone upon delimitation according to law. In the event of inability to move away from basic farmland protection
zones in site selection
for such major construction projects as state energy, communications, water
conservancy and military installations that require occupation of basic
farmland involving diversion to other use of agricultural land or land
requisition, it must be subject to the approval of the State Council.
State Council, people's government of the locality should revise the
overall planning for land utilization in accordance with the approval
document of the State Council, and make up equivalent basic farmland in
quantum and quality. The occupation unit should, in accordance with the
principle of reclamation according to occupation, be responsible for the
reclamation of culltivated land equivalent to the quantum and quality of the basic farmland occupied; where there are no conditions
for reclamation
or the reclaimed cultivated land fails to conform to requirements, payament
of cultivated land reclamation fee should be effected in accordance with
the provisions of the provinces, autonomous regions and municipalities
directly under the Central Government.
requirements of people's governments above the county level, apply
the soil of the cultivated layer of the basic farmland occupied to
soil improvement of the newly reclaimed cultived land, inferior land
or other cultivated land.
digging, quarrying, mining, earth gathering, piling up of solid wastes
or other acitivites that destroy basic farmland by any unit or
individual within basic farmland protection zones shall be prohibited.
development of forestry industry, fruit industry and digging of ponds
for fish farming shall be prohibited.
individual shall be prohibited. Where occupation of basic farmland for
a major construction project approved by the State Council fails to
be utilized on expiry of one year that can be cultivated and harvested,
cultivation on the said plot of basic farmland should be resumed by the
collective or individual(s) that previously cultivated it, or cultivation
can be organized by the land use unit; where construction has not been
started for more than one year, payment of idle fee should be effected
in accordance with the provisions of the provinces, autonomous regions
and municipalities directly under the Central Government; where the
land has not been utilized for two consecutive years, people's governments
above the county level shall, subject to the approval of the State Council,
withdraw the land use right of the land use unit without compensation;
the said plot of land originally owned collectively by peasants should
be handed over to the original rural collective economic organization
for resumption of cultivation and included in the basic farmland protection
zone again.
farmland that abandons cultivation and renders the land barren for two
consecutive years, the original contract-issuing unit should terminate the
contract and withdraw the contracted basic farmland.
the application of organic fertilizers, rational application of chemical
fertilizers and agricultural chemicals in the basic farmland under their
management. Units and individuals using basic farmland for agricultural
production should maintain and improve the fertility of land.
light of the actual conditions of the localities, work out measures for
the classification and grading of land fertility of basic farmland and the
competent departments of agriculture shall, in conjuction with the competent
departments of land administration, organize the implemention thereof,
carry out classification and grading of land fertility of basic farmland
and compile files.
committees should evaluate the grades of land fertility of basic farmland
at regular intervals.
step by step, establish long-range fixed-position monitoring networks and
points for land fertility and performance in fertilizer application of basic farmland, submit reports on the change of land fertily
of basic
farmland and put forward corresponding protective measures for land
fertility to people's governments at the corresponding level at regular
intervals, and provide agricultural producers with guidance and services
in fertilizer application.
county level should, in conjuction with the competent departments of environmental protection administration at the same level, carry
out
monitoring and evaluation of environmental pollution in basic farmland,
and submit reports on the quality of environment and trends to people's
governments at the corresponding level at regular intervals.
the State Council for the construction of major state construction projects,
state provisions for environmental protection relating to construction
projects must be adhered to. A proposal for the environmental protection
of basic farmland should be included in the report on the environmental
impact of the construction project.
and urban garbage and sludge used as fertilizer should conform to relevant
state standards.
emergencies resulting in or possible of resulting in environmental
pollution of basic farmland, the party concerned must immediately take
measures to handle the situation, and report to the competent department
of environmental protection and the competent department of agriculture
administration of the locality and accept investigation and handling.
Chapter IV Supervision and Administration
farmland protection zones, local people's governments above the county
level should conclude instruments of responsibility for the protection
of basic farmland with the people's government at the next lower level;
village(township) people's governments should, in accordance with the
requirements of the instruments of responsibility for the protection of basic farmland signed with people's governments at the county
level,
conclude instruments of responsibility for the protection of basic
farmland with rural collective economic organizations or villagers'
committees.
should contain the following contents:
establish the system of supervision and inspection of protection of basic
farmland, organize at regular intervals the competent departments of land
administration, the competent departments of agriculture administration
as well as other departments concerned in conducting inspection of protection of basic farmland and submit a report in writing on
the
inspection to people's government at the next higher level. Units or
individuals under inspection should truthfully provide relevant information
and materials and must not refuse to do so.
departments of agriculture administration of local people's governments above
the county level have the power to order a rectification with respect to
occurrences of acts of destroying basic farmland within their respective
administrative areas.
Chapter V Legal Liability
pursuance of the relevant provisions of the Land Administration Law of the
People's Republic of China and Regulations for the Implementation of the
Land Administration Law of the People's Republic of China:
farmland protection zone but fails to do so in violation of the provisions of these Regulations shall be ordered by the people's
government at the next
higher level to make a rectification within a given time period;where there
is refusal to make a rectification, administrative sanctions or disciplinary
sanctions shall be imposed on the person-in-charge held directly responsible
and other personnel directly responsible according to law.
zone markers without authorization in violation of the provisions of these
Regulations shall be ordered by the competent department of land
administration or the competent department of agriculture administration
of local people's government above the county level to restore the original
state and may be imposed a fine of less than RMB 1000 Yuan.
tomb building, sand digging, quarrying, mining, earth gathering, piling up
of solid wastes or other activities that destroy basic farmland and
damage cultivation conditions in violation of the provisions of these
Regulations shall be ordered by the competent department of land
administration of people's government above the county level to make a
rectification or effect treatment, restore the original cultivation
conditions and be imposed a fine of more than 100% less than 200% of the amount of cultivated land reclamation fee for the occupation
of basic
farmland;where a crime has been constituted, criminal liability shall be
investigated according to law.
reclamation fee for basic farmland that constitutes a crime shall be
investigated of the criminal liability according to law; where a crime
has not been constituted, administrative sanctions or disciplinary sanctions
shall be imposed according to law.
Chapter VI Supplementary Provisions
and municipalities directly under the Central Government may, in the light
of actual local conditions, delimit other land for agricultural production
as protection zones. Reference to these Regulations may be made in effecting
protection and administration of other land for agricultural production in
the protection zones.
The Regulations on the Protection of Basic Farmland promulgated by the
State Council on August 18, 1994 is simultaneously superseded.
URL: http://www.asianlii.org/cn/legis/cen/laws/rotpobf421