Law of the People's Republic of China on the Prevention and Control of Desertification (Amended in 2018)

Law of the People's Republic of China on the Prevention and Control of Desertification (Amended in 2018)

Order of the President of the People's Republic of China No. 16

October 26, 2018

(Adopted at the 23rd Session of the Standing Committee of the 9th National People's Congress on August 31, 2001; and amended in accordance with the Decision on Amending Fifteen Laws Including the Law of the People's Republic of China on the Protection of Wild Animals adopted at the Sixth Session of the Standing Committee of the 13th National People's Congress on October 26, 2018)

Contents
Chapter I General Provisions
Chapter II Plans for Prevention and Control of Desertification
Chapter III Prevention of Land Desertification
Chapter IV Rehabilitation of Desertified Land
Chapter V Supporting Measures
Chapter VI Legal Responsibility
Chapter VII Supplementary Provisions

Chapter I General Provisions

Article 1 This Law is enacted to prevent land desertification, rehabilitate desertified land, maintain eco-safety, and promote sustainable economic and social development.

Article 2 All activities for prevention of land desertification and for rehabilitation and exploitation of desertified land in the territory of the People's Republic of China shall be conducted in accordance with this Law. Land desertification refers to the process of expansion of natural deserts, damage to vegetation on sandy soil, and sand and soil exposure induced by climatic variations and human activities. Land desertification mentioned in this Law refers to the process of expansion of natural deserts, and the process of shifting sand development and of sand and soil exposure brought about by damage to vegetation or other ground covers on sandy soil, which are mainly caused by irrational human activities.
Desertified land mentioned in this Law includes land that has been desertified and land that markedly tends toward desertification. The specific scope shall be defined in the national plan for preventing and controlling desertification approved by the State Council.

Article 3 The following principles shall be observed in preventing and controlling desertification:
1. to make unified plans, adapt measures to local conditions, implement the plans in a step-by-step manner, and combine regional prevention and control with key area prevention and control;
2. to give priority to prevention, combine prevention with control and adopt integrated approaches in rehabilitating desertified land;
3. to combine protection and restoration of vegetation with rational use of natural resources;
4. to follow the law of ecology and rely on advancement of science and technology;
5. to combine efforts to improve ecological environment with efforts to help farmers and herdsmen to extricate themselves from poverty and become prosperous;
6. to combine government support with local self-reliance, combine organization by the government with participation by people from all walks of life, and encourage units and individuals to contract for prevention and control of desertification; and
7. to protect the legitimate rights and interests of people engaged in prevention and control of desertification.

Article 4 The State Council and the people's governments at or above the county level located in desertified regions shall incorporate plans for prevention and control of desertification into the national economic and social development plan, guaranteeing and supporting endeavors to prevent and control desertification.
The people's governments located in desertified regions shall take effective measures to prevent land desertification, rehabilitate desertified land, maintain and improve the ecological quality in their respective administrative areas.
The State, in desertified regions, establishes a responsibility, appraisal, reward and punishment system with respect to the targets set to government leaders during their term of office. People's governments at or above the county level located in desertified regions shall report to the people's congresses and their standing committees at the corresponding level on prevention and control of desertification.

Article 5 Under the leadership of the State Council, the forestry and grasslands administration department of the State Council shall be responsible for organizing, coordinating and guiding the efforts made to prevent and control desertification throughout the country. The administrative departments under the State Council for forestry and grasslands, agriculture, water conservancy, land, ecological environment and the authority of meteorology shall, according to their duties prescribed by relevant laws and the division of responsibilities defined by the State Council, assume their respective responsibilities and cooperate closely with one another in their joint efforts to prevent and control desertification successfully.
Each of the local people's governments at or above the county level shall organize and exercise leadership over its subordinate departments, so that they will, according to the division of responsibility, assume their respective responsibilities and cooperate closely with one another in their joint efforts to prevent and control desertification successfully within their respective administrative areas.

Article 6 Units or individuals that use land have the obligation to prevent the land from being desertified.
Units or individuals that use desertified land have the obligation to rehabilitate the land.

Article 7 The State supports scientific research in prevention and control of desertification and the wide use of technology in this field, giving full play to the scientific research departments and institutions, training specialists, and improving the scientific and technological level in this endeavor.
The State supports international cooperation in prevention and control of desertification.

Article 8 The people's governments shall commend and reward the units and individuals that have made noticeable achievements in prevention and control of desertification. Units or individuals that have made outstanding contributions to protection and improvement of ecological quality shall be rewarded handsomely.

Article 9 The people's governments at various levels located in desertified regions shall organize relevant departments to disseminate knowledge about prevention and control of desertification, enhance the awareness of the need to prevent and control desertification, and increase their ability to do so.

Chapter II Plans for Prevention and Control of Desertification

Article 10 Unified plans shall be made for prevention and control of desertification. All activities for prevention and control of desertification and exploitation of desertified land shall be conducted in compliance with plans for prevention and control of desertification.
In the plans for prevention and control of desertification, explicit stipulations regarding the time limit, steps, measures, etc.
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