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Provisions of Shanghai Municipality on the Protection of Basic Farmland
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| (December 18,1996) Article 1 (Purpose and Basis) The present Provisions are formulated in accordance with the "Regulations on the protection of Basic Farmland" , and in the light of the specific circumstances in Shanghai. Article 2 (Competent Authorities) In accordance with the present Provisions and the work division as defined by the Municipal people's Government, the Shanghai Municipal Housing and Land Administration Bureau (hereinafter referred to as "the Housing & Land Bureau" ) and the Shanghai Agricultural Commission (hereinafter referred to as "the Agricultural Commission" ) shall be in charge of the basic farmland protection work within the City's administrative area. The county (district) land administration departments and agricultural administrative departments shall be in charge of the basic farmland protection work within their respective administrative area in accordance with the present Provisions and the work division as defined by the county (district) people's governments. The township (town) people 's governments will be in charge of the basic farmland protection work within their respective administrative areas. Article 3 (Basic Farmland Protection at the municipality-Administrated State Farms) The administration of the basic farmland protection of the municipality-administrated state farms shall be carried out by the Housing & Land Bureau and the Agricultural Commission, together with other relevant departments, by reference to the present Provisions. Article 4 (Scope of the Basic Farmland Protection Area) In principle, all farmland within the municipality's administrative area, defined as follows, shall be included into the basic farmland protection area: (1ˇµThe production bases designated by the relevant departments of the State Council and the municipal or county (district ) people 's governments for producing grain, cotton or oil crops and well-known, high quality, special, or new farm products; (2ˇµFarmland which provides high and stable yields, farmland with good irrigation works and soil and water conservation facilities, and farmland with moderate or low yields which has been transformed or is now under a transformation programme; (3ˇµVegetable production bases of the city or county (district); (4ˇµFarmland in comprehensive agricultural development areas; (5ˇµCrop seed breeding bases; (6ˇµExperimental plots for the purpose of agricultural scientific research and teaching; and (7) Other farmland approved by the municipal or county (district) people's governments to be put under special protection. Article 5 (Programme of the Basic Farmland Protection Areaˇµ The municipal programme of the basic farmland protection area shall be formulated by the Housing and Land Bureau and the Agricultural Commission together with the relevant departments, and shall be submitted to the Municipal People's Government for examination and approval. Article 6 (Demarcation of the County (District) Basic Farmland Protection Areas) The demarcation of the county (district) basic farmland protection areas shall be specified by the land administration departments and agricultural administration departments at the same level in accordance with the municipal programme of the basic farmland protection area and the area norms designated by the municipality for county (district) basic farmland protection areas. Accordingly, maps of distribution of the basic farmland protection area with a ratio of 1:25000 shall be drafted. These maps of distribution shall be submitted to the county (district) people 's governments for examination and approval and then submitted to the Municipal People's Government for approval. Article 7 (Demarcation of the Township (Town) Basic Farmland Protection Areas) The demarcation of the township (town) basic farmland protection areas shall be specified by the township (town) people's governments in accordance with the county (district) programmes of the basic farmland protection areas and the area norms designated by the counties (districts) for the township (town) basic farmland protection areas. Accordingly, maps of distribution of the basic farmland protection area with a ratio of 1:2000 shall be drafted. Such maps of distribution shall be submitted to the county (district) people's governments for examination and approval. The demarcation of the county (district) basic farmland protection areas may not be restrained by boundaries of villages and production teams. Article 8ˇ´Funds for Erecting Protection Signs ) The funds for erecting protection signs in the basic farmland protection areas shall be entered in the overhead expenses drawn by the land administration departments at various levels in accordance with relevant regulations, and the deficiency shall be covered by financial subsidies allocated by the financial departments at the same level. Article 9 (Payment of Land Recultivation Fund and Vegetable Plot Cultivation Fund) For the use of farmland in the basic farmland protection areas for non-agricultura1 purposes, payment of Land Recultivation Fund or Vegetable Plot Cultivation Fund shall be made in accordance with the relevant regulations. The standard of the payment of Land Recultivation Fund and Vegetable Plot Cultivation Fund shall be prescribed by the Municipal People's Government. Article 10 (Maintenance of Farmland) Maintenance of farmland in the basic farmland protection areas shall meet the following requirements: (1ˇµWith perfect irrigation and flood drainage facilities; (2) With a loose and well-aerated soil structure and highly fertile soil; and (3ˇµSuitable for mechanization in farm work and large-scale operation. Article 11 (Monitoring of Soil Fertility) In accordance with the requirements prescribed in the municipal programme of the basic farmland protection areas and the programme of agricultural development, the Agricultural Commission and the county (district) agricultural administration departments shall set up a network monitoring farmlands' soil fertility and its fertilization effects. Regular reports on the changes in the farmland soil fertility and the corresponding soil fertility protection measures shall be submitted to the municipa1and county (district) people's governments. The county (district) agricultural administration departments shall take the initiative in providing fertilization guidance to agricultural producers, advocate and encourage application of organic fertilizers and rational application of chemical fertilizers and pesticides. Article 12ˇ´Supervision and Inspection Systemˇµ The county (district) people's governments shall organize the land administration departments, agricultural administration departments and other relevant department to make regular inspections of the protection of basic farmland and report the results to the Housing and Land Bureau and the Agricultural Commission. The Housing and Land Bureau and the Agricultural Commission shall strengthen their supervision and guidance over the county's (district 's) protection work of basic farmland protection. Article 13 (Organ to Interpret the Application) The Housing and Land Bureau and the Agricultural Commission are responsible for the interpretation of the application of the present Provisions. Article 14 (Effective Date) The present Provisions shall become effective on January 1,1997. |
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