Soil and Water Conservation Law of the People's Republic of China
Soil and Water Conservation Law of the People's Republic of China
Soil and Water Conservation Law of the People's Republic of China
Order of the president No.39
December 25, 2010
The Soil and Water Conservation Law of the People's Republic of China, revised and adopted at the 18th Session of the Standing Committee of the 11th National People's Congress of the People's Republic of China on December 25, 2010, is hereby promulgated with effect as of March 1, 2011.
Chairman of People's Republic of China Hu Jintao
Soil and Water Conservation Law of the People's Republic of China
Adopted at the 20th Standing Committee of the Seventh National People's Congress on Jane 29, 1991 and revised at the 18th Session of the Standing Committee of the 11th National People's Congress on December 25, 2010
Contents
Chapter I General Provisions
Chapter II Planning
Chapter III Prevention
Chapter IV Control
Chapter V Monitoring and Supervision
Chapter VI Legal Liability
Chapter VII Supplementary Provisions
Chapter I General Provisions
Article 1 This law is enacted for the purposes of prevention and control of water and soil loss, protection and rational utilization of water and soil resources, mitigation of disasters of flood, drought and sandstorm, improvement of ecological environment, and safeguarding of the sustainable development of the economy and society.
Article 2 This Law shall be applied where soil and water conservation activities are carried out within the territory of China.
For the purpose of this Law, the term "soil and water conservation" refer to measures to prevent and control water and soil loss caused by natural factors or human activities.
Article 3 The State shall, in relation to the work of water and soil conservation, implement the policy of prevention first, overall planning, comprehensive prevention and control, adoption of measures suited to local conditions, strengthening management and stress on beneficial results
Article 4 The people's governments at or above county level shall strengthen the unified leadership for soil and water conservation, incorporate the soil and water conservation into their respective plans for national economic and social development, and allocate special funds for and organize the implementation of the tasks specified in soil and water conservation planning.
The State will implement the target responsibility system and the system of rewards and punishment upon evaluation of local people's governments at all levels in key prevention areas and key control areas of water and soil loss.
Article 5 The department of water administration under the State Council shall be in charge of the work of water and soil conservation throughout the country.
The basin management agency set up by the department of water administration under the State Council on the state designated major rivers and lake(s) (hereinafter referred to as "basin management agency") shall, within their jurisdictions, undertake supervision and management responsibilities for soil and water conservation according to law.
The departments of water administration under the local people's governments at or above the county level shall be in charge of the work of water and soil conservation within their respective jurisdictions.
The departments of forestry, agriculture, land and resources and other relevant administrations under the local people's governments at or above the county level shall undertake their responsibilities respectively to do well in the prevention and control of water and soil loss.
Article 6 The people's governments and their relevant departments at all levels shall strengthen the publicity of and education in water and soil conservation, popularize scientific knowledge concerning water and soil conservation and intensify the public's awareness of soil and water conservation.
Article 7 The State shall encourage and support the research in and raise the level of science and technology of water and soil conservation, popularize the advanced technology in water and soil conservation, and train scientific and technological personnel in the field of water and soil conservation.
Article 8 Any and all units and individuals shall have the obligation to protect water and soil resources, prevent and control water and soil loss, and also have the right to report against any unit or individual that damages water and soil resources or causes water and soil loss.
Article 9 The State shall encourage and support the participation of social forces in soil and water conservation.
Units and individuals that have made outstanding achievements in soil and water conservation shall be praised and awarded by the people's governments at or above the county level.
Chapter II Planning
Article 10 The soil and water conservation planning shall be compiled in accordance with the principles of overall coordination and classified guidance and on the basis of the survey results and the division of key prevention areas and key control areas of water and soil loss.
Article 11 The department of water administration under the State Council shall periodically organize the survey of water and soil loss all over the country and announce the survey results.
The departments of water administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be in charge of the survey of water and soil loss within their respective jurisdictions and announce survey results and shall submit the survey results to the department of water administration under the State Council for the record before making such announcement.
Article 12 The people's governments at or above the county level shall, based on the survey results of water and soil loss, divide and announce the key prevention areas and key control areas of water and soil loss.
The regions with big potential risk of water and soil loss shall be divided as key prevention areas of water and soil loss, whereas the regions suffering from serious water and soil loss shall be divided as key control areas of water and soil loss.
Article 13 The content of soil and water conservation planning shall include the state of water and soil loss, the division of regions of water and soil loss, and the goal and tasks of and measures for the prevention and control of water and soil loss.
The soil and water conservation planning shall include a whole deployment for the prevention and control of water and soil loss in basins or regions and the protection and reasonable use of water and soil resources and special deployments based on the whole deployment for the special work of soil and water conservation or the prevention and control of water and soil loss in special regions.
The soil and water conservation planning shall be in harmony with the general land use planning, the water resources planning, the urban and rural planning and the environmental protection planning.
The opinions of experts and the public shall be collected on the compilation of soil and water conservation planning.
Article 14 The department of water administration under the people's governments at or above the county level shall, in collaboration with the relevant departments under the people's government at the same level, compile the soil and water conservation planning and shall, upon approval by the people's government at the same level or the department authorized thereby, organize the implementation of such planning.
The soil and water conservation planning shall, upon approval, be implemented strictly and if any modification is needed according to actual situation after approval, the permission of the same approval authority shall be obtained through the compilation procedures for such planning.
Article 15 If the implementation of any plan for the construction of infrastructure, the development of mineral resources, the town construction and the construction of public service facilities may cause water and soil loss, the authorities organizing and compiling such plan shall state the tactics and measures for preventing and controlling water and soil loss in the plan and shall solicit opinions from the department of water administration under the people's government at the same level prior to applying for approval.
Chapter III Prevention
Article 16 The people's governments at all levels shall, in light of the soil and water conservation planning, take measures such as enclosure and protection and natural restoration, and organize units and individuals to plant trees and grass in order to enlarge the forested and grassy areas, to conserve water resources and to prevent and reduce water and soil loss.
Article 17 The local people's governments at all levels shall strengthen the management of such activities as earth-fetching, sand-digging and quarrying, so as to prevent and reduce water and soil loss.
Earth-fetching, sand-digging, quarrying and other activities that could cause water and soil loss shall be prohibited in the areas in danger of land-collapsing or land-sliding or where mud rock flow is liable to occur.
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