Regulations on Land Requisition Compensation and Resettlement for Construction of Large and Medium-sized Water Conservancy and Hydropower Projects (2006)
Regulations on Land Requisition Compensation and Resettlement for Construction of Large and Medium-sized Water Conservancy and Hydropower Projects (2006)
Regulations on Land Requisition Compensation and Resettlement for Construction of Large and Medium-sized Water Conservancy and Hydropower Projects (2006)
Order of the State Council [2006] No. 471
July 7, 2006
The Regulations on Land Requisition Compensation and Resettlement for Construction of Large and Medium-sized Water Conservancy and Hydropower Projects, which was adopted at the 130th Executive Meeting of the State Council on March 29, 2006, is hereby promulgated and shall come into force as of September 1, 2006.
Prime Minister: Wen Jiabao
Appendix: Regulations on Land Requisition Compensation and Resettlement for Construction of Large and Medium-sized Water Conservancy and Hydropower Projects
Chapter I General Provisions
Article 1 These Regulations on Land Requisition Compensation and Resettlement for Construction of Large and Medium-sized Water Conservancy and Hydropower Projects are formulated in accordance with the Land Administration Law of the People's Republic of China and the Water Law of the People's Republic of China, and for the purposes of successfully accomplishing the work of land requisition compensation and resettlement for construction of large and medium-sized water conservancy and hydropower projects, safeguarding the legitimate rights and interests of re-settlers and ensuring the smooth progress of construction projects..
Article 2 These Regulations shall be applicable to the land requisition compensation and resettlement for construction of large and medium-sized water conservancy and hydropower projects.
Article 3 The State adopts the guidelines of development-oriented resettlement, where the pre-phase financial compensation and subsidization shall be combined with the follow-up supports, so as to enable the re-settlers to reach or surpass their previous living standards.
Article 4 The land requisition compensation and resettlement for construction of large and medium-sized water conservancy and hydropower projects shall abide with the following principles:
1. Following the people-oriented principle, safeguarding the legitimate rights and interests of the re-settlers and meeting their needs of subsistence and development;
2. Bearing the overall situation in mind, following the overall arrangement of the State, and giving due consideration to the interests of the State, the collectives and the individuals;
3. Using the land in an economic manner, planning the project-occupied land in a rational manner and controlling scale of the resettlement;
4. Harmonizing the sustainable development with comprehensive resource exploitation and ecological environment protection; and
5. taking measures on the basis of the local conditions and making overall planning with all factors considered.
Article 5 In course of the work of resettlement, an administrative system in which the government take the leading position, authorities at different levels assume the corresponding responsibilities , the county authorities are regarded as the basic units and the project legal persons involved shall be adopted.
The administrative agency of the State Council for resettlement for water conservancy and hydropower projects (hereinafter referred to as the resettlement administration of the State Council) shall be responsible for the administration and supervision of resettlement for large and medium-sized water conservancy and hydropower projects nationwide.
The local people's governments at or above the county level shall be responsible for organization and leadership in resettlement for large and medium-sized water conservancy and hydropower projects within their respective administrative areas. The resettlement administrations as specified by the people's governments of various provinces, autonomous regions or municipalities directly under the Central Government shall be responsible for the administration and supervision of resettlement for large and medium-sized water conservancy and hydropower projects within their respective administrative areas.
Chapter II Planning for the Resettlement
Article 6 Where a large or medium-sized water conservancy or hydropower project has appointed a legal person, the legal person shall formulate an outline for the resettlement planning and, submit the outline to the people's government of the province, autonomous region or municipality directly under the Central Government or the resettlement administration of the State Council for examination and approval in accordance with the authority of examination and approval. The people's government of the province, autonomous region or municipality directly under the Central Government or the resettlement administration of the State Council shall seek for opinions from the local people's governments at or above the county level in the relocation area and resettlement area prior to examining and approving the outline.
Where a large or medium-sized water conservancy or hydropower project fails to appoint a legal person, the competent authorities of the project shall, together with the local people's governments at or above the county level in the relocation area and resettlement area, formulate an outline for the resettlement planning and submit the outline to the people's government of the province, autonomous region or municipality directly under the Central Government or the resettlement administration of the State Council for examination and approval in accordance with the authority of examination and approval.
Article 7 The outline for resettlement planning shall be formulated on the basis of results of a on-site investigation in the project-occupied and reservoir-inundated areas, the economic and social conditions and the carrying capacity of resources and environment in the relocation area and resettlement area.
The competent authorities of the project or the project legal person jointly with the local people's governments of the project-occupied and reservoir-inundated areas shall carry out the on-site investigation in the project-occupied and reservoir-inundated areas. The investigation shall be comprehensive and accurate. The relevant local people's governments shall give their written opinions on the investigation results after such results are confirmed in written by the investigators and the surveyed, and are made public. Before the investigation starts, the people's governments at the provincial level of the project-occupied and reservoir-inundated areas shall issue a public announcement to prohibit the construction of any new project and settlement of additional population in the project-occupied and reservoir-inundated areas, and make arrangements for the on-site investigation.
Article 8 The outline for resettlement planning shall mainly include: the task, destination and criteria of the resettlement, the standard arrangements for re-settlers production and the arrangements for rural re-settlers production, the evaluation of the re-settlers' living standard and the forecast of the post-resettlement living standard, policies for follow-up support to re-settlers for reservoir construction, the principles for determining the affected areas above the inundation line, and the principles for formulating the resettlement planning and etc.
Article 9 When formulating an outline for resettlement planning, the opinions of the re-settlers and the residents in the resettlement area shall be extensively solicited. The public hearings shall be held if necessary.
An approved outline for resettlement planning shall be the primary basis for formulating the planning for resettlement and shall be strictly implemented without any random adjustments or amendments; if it is necessary to adjust or amend the outline, the issue shall be reported to the original approving authority for approval.
Article 10 Where a large or medium-sized water conservancy or hydropower project has appointed a legal person, the legal person shall formulate the resettlement planning in accordance with the approved outline for resettlement planning. Where the project fails to appoint a legal person, the competent authorities of the project shall, together with the local people's governments at or above the county level in the relocation area and resettlement area, formulate the resettlement planning in accordance with the approved outline for resettlement planning.
Where the resettlement planning for a large or medium-sized water conservancy or hydropower project has been examined and approved by the resettlement administration of the corresponding people's government of the province, autonomous region or municipality directly under the Central Government or the resettlement administration of the State Council in accordance with the authority of examination and approval, the legal person or the competent authorities of the project shall submit the planning, together with the feasibility study report or the project application report, to the department in charge of the project examination and approval or verification for examination and approval or verification.
The opinions of the relevant departments of the people's government at the same level and the local people's governments at or above the county level in the relocation area or resettlement area shall be solicited by the resettlement administration of the corresponding people's government of the province, autonomous region or municipality directly under the Central Government or the resettlement administration of the State Council while examining and approving the resettlement planning.
Article 11 The resettlement planning shall be formulated on the basis of the carrying capacity of the resources and environment and abide with the principles of combining resettlement in local places with resettlement in other places, centralized resettlement with dispersed resettlement, and resettlement by the government with resettlement by the re-settlers.
The resettlement planning shall be promulgated in accordance with the production and living styles as well as the customs of ethnic minorities.
The resettlement planning shall be compliant with the planning for national economic and social development, the overall planning for land utilization, the comprehensive city planning, and the planning for villages and market towns.
Article 12 The resettlement planning shall include the arrangements for resettlement of rural re-settlers, relocation and construction of towns (market towns), relocation and construction of industrial and mining enterprises, relocation or reconstruction of special facilities, construction of protective projects, exploitation and utilization of reservoir waters, measures for follow-up support to re-settlers for reservoir construction, an estimated budget for the land requisition compensation and resettlement and etc..
Where the reservoir impoundment causes difficulties in production and livelihood of residents in the affected areas above the inundation line, the issue shall be involved in the resettlement planning and be properly resolved in accordance with the principle of economy and rationality.
Article 13 Where the resettlement of rural re-settlers is planned, priority shall be given to resettlement for the agricultural production, and the resettlement sites for rural re-settlers shall be planned in a rational manner and abide with the principles of considering the local conditions, facilitating production and livelihood and protecting the ecology; where conditions permit, the resettlement may proceed in combination with the construction of small towns.
After the resettlement, the rural re-settlers shall possess land and other agricultural production materials which are basically equivalent to that of the original residents in the resettlement areas.
Article 14 When resettlement of re-settlers from towns (market towns) shall be planned on the basis of the existing conditions of towns (market towns), the land shall be used in an economical manner and a rational layout shall be made.
Relocation and construction of industrial and mining enterprises shall be compliant with the industrial policies of the State and by referring to the technical upgrade and structural adjustment.
......