Black Soil Land Conservation Law of the People's Republic of China
Black Soil Land Conservation Law of the People's Republic of China
Black Soil Land Conservation Law of the People's Republic of China
Order of the President of the People's Republic of China No. 115
June 24, 2022
The Black Soil Land Conservation Law of the People's Republic of China, adopted at the 35th session of the Standing Committee of the Thirteenth National People’s Congress of the People's Republic of China on June 24, 2022, is hereby issued and shall come into force on August 1, 2022
Xi Jinping, President of the People's Republic of China
Black Soil Land Conservation Law of the People's Republic of China
(Adopted at the 35th Meeting of the Standing Committee of the Thirteenth National People’s Congress on June 24, 2022)
Article 1 This Law is enacted for safeguarding black soil land resources, steadily restoring and improving the basic fertility of black soil lands, promoting sustainable utilization of resources, maintaining ecological balance, and ensuring national food security.
Article 2 Provisions of this Law shall be applicable to activities of black soil land conservation and utilization, the related activities of soil management and remediation, etc. Where no relevant provisions are stipulated in this law, the provisions of the Land Administration Law and other related laws shall be applicable.
For the purposes of this Law, the term "black soil land" refers to cultivated land with good characteristics, high fertility, and a black or dark black humus topsoil layer, which is in the relevant areas of Heilongjiang Province, Jilin Province, Liaoning Province, and Inner Mongolia Autonomous Region (hereinafter referred to as "the Three Provinces and One Region").
Article 3 The state shall implement scientific and effective black soil land conservation policies, guarantee financial input in black soil land conservation, and comprehensively adopt engineering, agronomic, agricultural machinery and biological measures as well as other measures, in order to protect the high-productivity of the black soil land, to make sure there is no area decrease and functional degradation of the black soil land, and to guarantee the improvement of the land quality and the sustainability of food production.
Article 4 The conservation of black soil lands shall adhere to the principles of overall planning, adaptation to local conditions, combination of use and maintenance, combination of short- and long-term goals, highlighting priorities and adopting comprehensive measures. A mechanism for the conservation, which is led by the government, implemented by agricultural producers and operators, and participated by the society, shall be established and improved.
The competent department in charge of agriculture and rural affairs under the State Council shall, in conjunction with the relevant departments such as the department in charge of natural resources and the department in charge of water resources, after taking into account the cultivation history and the current utilization status of the black soil land, the thickness of the black soil layer, and the characteristics and types of the soil, etc., and in accordance with the principles that are most conducive to entire protection, comprehensive management and systematic remediation, reasonably determine the conservation areas of black soil lands, and then timely adjust such areas，in order to promote the black soil land conservation work in a planned, step-by-step, and classified manner. In principle, those that belong to black soil lands in history shall be included in the conservation areas of black soil lands and be remedied and restored, except those cannot be remedied in deed.
Article 5 Black soil lands shall be used to produce grains, oil crops, sugar crops, vegetables, and other agricultural products.
Black soil lands with a thick black soil layer and good characteristics shall be classified as permanent basic farmland in accordance with the prescribed standards, and shall be mainly used for producing grains. Such black soil lands shall be strictly protected, ensuring the long-term stability of their quantity and quality.
Article 6 The State Council and the people's governments of the Three Provinces and One Region shall strengthen the leadership, organization, coordination, supervision, and management of the black soil land conservation work and formulate overall policies on black soil land protection. The people's governments of the Three Provinces and One Region shall be responsible for the quantity, quality, ecological environment of the black soil lands within their respective administrative areas.
The people's governments at or above the county level shall establish a coordination mechanism for the black soil land conservation, which is participated by the departments of agriculture and rural affairs, natural resources, water resources, development and reform, finance, and ecology and environment, and other relevant departments, in order to strengthen coordination and guidance, specify their corresponding work responsibilities, and promote the implementation of black soil land conservation work.
People's governments of towns and townships shall assist in the organization and implementation of black soil land conservation work, promote to agricultural producers and operators the protection, management, remediation, and utilization measures that are suitable for their cultivated lands, as well as supervise and urge them to perform their obligations of black soil land conservation.
Article 7 People's governments at various levels shall promote the publicity for, education on black soil land protection and enhance public awareness of black soil land protection.
Entities and individuals that have made outstanding contributions to black soil land protection shall be commended and rewarded in accordance with the relevant provisions of the state.
Article 8 The competent department in charge of standardization under the State Council and other competent departments under the State Council in charge of agriculture and rural affairs, natural resources, water resources, etc., shall, in accordance with the division of duties, formulate and improve the protection standards for black soil lands, such as those for the land quality.
Article 9 The state shall establish a sound black soil land survey and monitoring system.
When the competent departments in charge of natural resources of the people's governments at or above the county level conduct land surveys in conjunction with other relevant departments, surveys on the types, distribution, quantities, qualities, protection status and utilization status of black soil lands shall be simultaneously conducted, and files on black soil lands shall be established.
The competent department in charge of agriculture and rural affairs, water resources, and other competent departments under the State Council shall, in conjunction with the people's governments of the Three Provinces and One Region, establish a sound monitoring network for the quality of the black soil land to strengthen the regular monitoring of the characteristics of the black soil, the thickness of the black soil layer, water erosion, wind erosion, and other conditions.
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Order of the President of the People's Republic of China No. 115
June 24, 2022
The Black Soil Land Conservation Law of the People's Republic of China, adopted at the 35th session of the Standing Committee of the Thirteenth National People’s Congress of the People's Republic of China on June 24, 2022, is hereby issued and shall come into force on August 1, 2022
Xi Jinping, President of the People's Republic of China
Black Soil Land Conservation Law of the People's Republic of China
(Adopted at the 35th Meeting of the Standing Committee of the Thirteenth National People’s Congress on June 24, 2022)
Article 1 This Law is enacted for safeguarding black soil land resources, steadily restoring and improving the basic fertility of black soil lands, promoting sustainable utilization of resources, maintaining ecological balance, and ensuring national food security.
Article 2 Provisions of this Law shall be applicable to activities of black soil land conservation and utilization, the related activities of soil management and remediation, etc. Where no relevant provisions are stipulated in this law, the provisions of the Land Administration Law and other related laws shall be applicable.
For the purposes of this Law, the term "black soil land" refers to cultivated land with good characteristics, high fertility, and a black or dark black humus topsoil layer, which is in the relevant areas of Heilongjiang Province, Jilin Province, Liaoning Province, and Inner Mongolia Autonomous Region (hereinafter referred to as "the Three Provinces and One Region").
Article 3 The state shall implement scientific and effective black soil land conservation policies, guarantee financial input in black soil land conservation, and comprehensively adopt engineering, agronomic, agricultural machinery and biological measures as well as other measures, in order to protect the high-productivity of the black soil land, to make sure there is no area decrease and functional degradation of the black soil land, and to guarantee the improvement of the land quality and the sustainability of food production.
Article 4 The conservation of black soil lands shall adhere to the principles of overall planning, adaptation to local conditions, combination of use and maintenance, combination of short- and long-term goals, highlighting priorities and adopting comprehensive measures. A mechanism for the conservation, which is led by the government, implemented by agricultural producers and operators, and participated by the society, shall be established and improved.
The competent department in charge of agriculture and rural affairs under the State Council shall, in conjunction with the relevant departments such as the department in charge of natural resources and the department in charge of water resources, after taking into account the cultivation history and the current utilization status of the black soil land, the thickness of the black soil layer, and the characteristics and types of the soil, etc., and in accordance with the principles that are most conducive to entire protection, comprehensive management and systematic remediation, reasonably determine the conservation areas of black soil lands, and then timely adjust such areas，in order to promote the black soil land conservation work in a planned, step-by-step, and classified manner. In principle, those that belong to black soil lands in history shall be included in the conservation areas of black soil lands and be remedied and restored, except those cannot be remedied in deed.
Article 5 Black soil lands shall be used to produce grains, oil crops, sugar crops, vegetables, and other agricultural products.
Black soil lands with a thick black soil layer and good characteristics shall be classified as permanent basic farmland in accordance with the prescribed standards, and shall be mainly used for producing grains. Such black soil lands shall be strictly protected, ensuring the long-term stability of their quantity and quality.
Article 6 The State Council and the people's governments of the Three Provinces and One Region shall strengthen the leadership, organization, coordination, supervision, and management of the black soil land conservation work and formulate overall policies on black soil land protection. The people's governments of the Three Provinces and One Region shall be responsible for the quantity, quality, ecological environment of the black soil lands within their respective administrative areas.
The people's governments at or above the county level shall establish a coordination mechanism for the black soil land conservation, which is participated by the departments of agriculture and rural affairs, natural resources, water resources, development and reform, finance, and ecology and environment, and other relevant departments, in order to strengthen coordination and guidance, specify their corresponding work responsibilities, and promote the implementation of black soil land conservation work.
People's governments of towns and townships shall assist in the organization and implementation of black soil land conservation work, promote to agricultural producers and operators the protection, management, remediation, and utilization measures that are suitable for their cultivated lands, as well as supervise and urge them to perform their obligations of black soil land conservation.
Article 7 People's governments at various levels shall promote the publicity for, education on black soil land protection and enhance public awareness of black soil land protection.
Entities and individuals that have made outstanding contributions to black soil land protection shall be commended and rewarded in accordance with the relevant provisions of the state.
Article 8 The competent department in charge of standardization under the State Council and other competent departments under the State Council in charge of agriculture and rural affairs, natural resources, water resources, etc., shall, in accordance with the division of duties, formulate and improve the protection standards for black soil lands, such as those for the land quality.
Article 9 The state shall establish a sound black soil land survey and monitoring system.
When the competent departments in charge of natural resources of the people's governments at or above the county level conduct land surveys in conjunction with other relevant departments, surveys on the types, distribution, quantities, qualities, protection status and utilization status of black soil lands shall be simultaneously conducted, and files on black soil lands shall be established.
The competent department in charge of agriculture and rural affairs, water resources, and other competent departments under the State Council shall, in conjunction with the people's governments of the Three Provinces and One Region, establish a sound monitoring network for the quality of the black soil land to strengthen the regular monitoring of the characteristics of the black soil, the thickness of the black soil layer, water erosion, wind erosion, and other conditions.
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