Regulations on Land Reclamation
Order of the State Council No. 592
March 5, 2011
The Regulations on Land Reclamation, adopted by 145th executive meeting of the State Council on February 22, 2011, are hereby promulgated and shall come into effect as of the date of promulgation.
Premier: Wen Jiabao
Regulations on Land Reclamation
Chapter I General Provisions
Article 1 For the purpose of implementing the basic national policy of deeply cherishing and rationally using land and actually protecting farmland, regulating activities of reclaiming land, strengthening administration over land reclamation and increasing social efficiency, economic efficiency and ecologic efficiency in land use, these Regulations are formulated in accordance with the Land Administration Law of the People's Republic of China.
Article 2 For the purpose of these Regulations, land reclamation refers to activities of taking remedial measures for land damaged by production and construction acts and natural disasters so as to make it available for use.
Article 3 According to the principle of "those who damage land shall be responsible for reclamation of the land", the production and construction units or individuals (hereinafter referred to as the "land reclamation obligors"), who damaged land, shall be responsible for reclaiming the damaged land. However, if it is impossible for historic reasons to verify land reclamation obligors for land damaged by production and construction acts (hereinafter referred to as the "historically damaged land"), people's government above the county level shall be responsible for the reclamation thereof.
People's government above the county level shall be responsible for organizing the reclamation of land damaged by natural disasters.
Article 4 Land use in production and construction acts shall follow the saving and intensive principle, with no or as little as possible farmland occupied; for any land legally occupied, effective measures shall be adopted to lessen the damaged area and reduce the degree of destruction.
Land reclamation shall adhere to the principles of scientific planning, taking actions suitable to local situations, comprehensive treatment, economic feasibility and rational use. Reclaimed land shall first be used for agriculture.
Article 5 The competent land and resources department of State Council shall be responsible for the national work of supervising and administrating land reclamation. The competent land and resources departments of local people's government above the county level shall be responsible for work of supervising and administrating land reclamation within their own administrative regions.
Other relevant departments of people's government above the county level shall do land reclamation-related work properly in accordance with the provisions hereof and their own powers.
Article 6 Activities of preparing land reclamation programs, implementing land reclamation projects, and reviewing land reclamation for acceptance, etc. shall comply with the national standards of land reclamation; in case of no national standard, the industrial standards of land reclamation shall be followed.
When preparing the national standards and industrial standards of land reclamation, reclamation methods, targets and requirements, etc. shall be determined by category for different types of land damaged according to the types, degrees and natural geographic conditions of damage, feasibility of reclamation and other factors.
Article 7 The competent land and resources departments of people's government above the county level shall establish a land reclamation monitoring system so as to promptly understand land damage and reclamation information within their administrative regions.
The competent land and resources department of State Council and the competent land and resources departments of all provinces, autonomous regions and municipalities directly under the Central Government shall establish and improve the land reclamation information management system to collect, summarize and publicize land reclamation data information.
Article 8 The competent and resource departments of people's government above the county level shall strengthen supervision and inspection over land reclamation based on their powers. The supervised units or individuals shall give true information and provide necessary materials.
No unit or individual may interfere in or obstruct land reclamation work, or damage land reclamation projects, facilities or equipments.
Article 9 The state encourages and supports the scientific research and technological innovation of land reclamation and the popularization of advanced land reclamation technology.
People's government above the county level shall reward units and individuals who make outstanding contributions to the work of land reclamation.
Chapter II Reclamation of Land Damaged by Production and Construction Acts
Article 10 Land reclamation obligors shall be responsible for the reclamation of the following damaged land:
1. Land damaged by such surface digging acts as open cut mining, brick baking and dredging for sand and land, etc.;
2.
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