Land reclamation Regulations

　　Premier Wen Jiabao 

　　March 5, 2011

　　Chapter I General rules

　　Article 1 These Regulations are formulated in accordance with the Land Administration Law of the People's Republic of China for the purpose of implementing the basic state policy of cherishing and rationally utilizing land and effectively protecting cultivated land, standardizing land reclamation activities, strengthening land reclamation administration and raising the social, economic and ecological benefits of land utilization。

　　Article 2 The term "land reclamation" as mentioned in these Regulations refers to the activities of taking improvement measures to land damaged by production and construction activities and natural disasters so as to make it ready for use。

　　Article 3 Land damaged by production and construction activities shall be reclaimed by production and construction units or individuals (hereinafter referred to as "land reclamation obligors") in accordance with the principle of "whoever damaged it shall restore it"。However, due to historical reasons, it is not possible to determine the land damaged by the production and construction activities of land reclamation obligations (hereinafter referred to as historical damaged land), the people's government at or above the county level is responsible for organizing reclamation。

　　People's governments at or above the county level shall be responsible for organizing the reclamation of land damaged by natural disasters。

　　Article 4 Production and construction activities shall make economical and intensive use of land, and shall not occupy or occupy less cultivated land.Effective measures shall be taken to reduce the damaged area of land and reduce the extent of land damage。

　　Land reclamation shall adhere to the principles of scientific planning, adapting to local conditions, comprehensive management, economic feasibility and rational utilization。Reclaimed land shall be given priority for agriculture。

　　Article 5 The land and resources department under The State Council shall be responsible for the supervision and administration of land reclamation throughout the country。The land and resources departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of land reclamation in their respective administrative areas。

　　Other relevant departments of the people's governments at or above the county level shall, in accordance with the provisions of these Regulations and their respective duties, do a good job of land reclamation。

　　Article 6 The preparation of land reclamation plans, the implementation of land reclamation projects, the acceptance of land reclamation and other activities shall comply with the national standards for land reclamation;Where there is no national standard, the industry standard for land reclamation shall be observed。

　　The formulation of national and industrial standards for land reclamation shall determine the reclamation methods, objectives and requirements of different types of damaged land according to the types and degrees of land damage, natural geographical conditions and the feasibility of reclamation。

　　Article 7 The competent land and resources departments of the local people's governments at or above the county level shall establish a land reclamation monitoring system to timely grasp the damage of land resources and the effect of land reclamation in their administrative areas。

　　The competent land and resources department of The State Council and the competent land and resources departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish a sound land reclamation information management system to collect, summarize and publish land reclamation data and information。

　　Article 8 The competent departments of land and resources of the people's governments at or above the county level shall, in accordance with their duties, strengthen the supervision and inspection of land reclamation。The unit or individual under inspection shall truthfully report the situation and provide the necessary information。

　　No unit or individual may disturb or obstruct land reclamation work or damage land reclamation projects, facilities and equipment。

　　Article 9 The State encourages and supports scientific research and technological innovation of land reclamation, and popularizes advanced land reclamation technologies。

　　Units and individuals that have made outstanding contributions to land reclamation work shall be commended by the people's governments at or above the county level。

　　Chapter II Reclamation of land damaged by production and construction activities

　　Article 10 The following damaged land shall be reclaimed by land reclamation obligors:

　　(1) Land damaged by surface excavation such as open-pit mining, firing of bricks and tiles, dredging of sand and earth;

　　(2) Land caused by surface collapse by underground mining;

　　(3) Land occupied by solid wastes such as mining stripping, waste rock, slag and fly ash;

　　(4) Temporary occupation of damaged land for energy, transportation, water conservancy and other infrastructure construction and other production and construction activities。

　　Article 11 The obligor of land reclamation shall prepare land reclamation plans in accordance with the land reclamation standards and the provisions of the land and resources department under The State Council。

　　Article 12 The land reclamation plan shall include the following contents:

　　(1) Project overview and land use status of the project area;

　　(2) analysis and prediction of damaged land and feasibility evaluation of land reclamation;

　　(3) Objectives and tasks of land reclamation;

　　(4) Quality requirements and measures to be taken for land reclamation;

　　(5) Land reclamation projects and investment assessment (rough) calculation;

　　(6) Arrangements for land reclamation expenses;

　　(7) Land reclamation work plan and schedule;

　　(8) Other contents stipulated by the land and resources department under The State Council。

　　Article 13 The obligor of land reclamation shall submit the land reclamation plan along with the relevant materials for approval when handling the application for construction land or the application for mining rights。

　　Where the obligor of land reclamation fails to prepare the land reclamation plan or the land reclamation plan fails to meet the requirements, the people's government with the approval power shall not approve the land for construction, and the competent land and resources department with the approval power shall not issue the mining license。

　　If the contractor has gone through the procedures for construction land or obtained the mining license before the implementation of these Regulations, and continues to engage in production and construction activities resulting in land damage after the implementation of these Regulations, the land reclamation obligation shall prepare supplementary land reclamation plans in accordance with the provisions of the land and resources department under The State Council。

　　Article 14 The obligor of land reclamation shall carry out land reclamation work in accordance with the land reclamation plan。Mining enterprises shall also conduct dynamic monitoring and evaluation of land damage。

　　If the production and construction period is long and it is necessary to carry out reclamation in stages, the obligor of land reclamation shall make unified planning and overall implementation of the land reclamation work and production and construction activities, and determine the objectives and tasks of land reclamation at each stage, project planning and design, cost arrangement, project implementation schedule and completion deadline according to the progress of production and construction。

　　Article 15 Land reclamation obligors shall include land reclamation expenses in production costs or total investment of construction projects。

　　Article 16 Land reclamation obligors shall establish land reclamation quality control systems, abide by land reclamation standards and environmental protection standards, protect soil quality and ecological environment, and avoid pollution of soil and groundwater。

　　The land reclamation obligor shall first strip the topsoil of the cultivated land, forest land and pasture to be damaged, and the stripped topsoil shall be used for the reclamation of the damaged land。

　　It is prohibited to use heavy metal pollutants or other toxic and harmful substances as backfill or filling materials。After reclamation of land contaminated by heavy metal pollutants or other toxic and harmful substances, which fails to meet the relevant standards of the State, it shall not be used for growing edible crops。

　　Article 17 The obligor of land reclamation shall, before December 31 of each year, report to the land and resources departments of the local people's governments at or above the county level the land damage in the current year, the use of land reclamation expenses and the implementation of land reclamation projects。

　　The competent land and resources departments of the local people's governments at or above the county level shall strengthen the supervision over the use of land reclamation expenses by land reclamation obligors and the implementation of land reclamation projects。

　　Article 18 Where the obligor of land reclamation does not restore the land, or fails to pass the rectification during the acceptance of reclamation, the land reclamation fee shall be paid, and the relevant land and resources departments shall organize the reclamation on behalf of the obligor。

　　In determining the amount of land reclamation fees, factors such as the type of land before the damage, the actual area of damage, the degree of damage, the standard of reclamation, the use of reclamation and the amount of work required to complete the reclamation task shall be comprehensively considered。The specific administrative measures for the collection and use of land reclamation fees shall be formulated by the competent department of finance and pricing under The State Council in consultation with the relevant departments under The State Council。

　　The land reclamation fees paid by land reclamation obligors are specially used for land reclamation。No unit or individual may detain, occupy or misappropriate them。

　　Article 19 For state-owned land used by other units or individuals or land owned by peasant collectives that has been damaged in the course of production and construction activities, the obligor of land reclamation shall, in addition to being responsible for reclamation, pay compensation to the units or individuals that have suffered losses。

　　The compensation fee shall be determined through consultation between the obligor of land reclamation and the unit or individual that has suffered the loss according to the actual loss caused.If the consultation fails, it may apply to the competent department of land and resources of the people's government where the land is located for mediation or bring a civil lawsuit to the people's court according to law。

　　Article 20 In cases where obligors of land reclamation fail to perform their land reclamation obligations according to law, the people's governments with the power of approval shall not approve the application for new land for construction.When applying for a new mining license or applying for the renewal, alteration or cancellation of a mining license, the competent land and resources department with the approval power shall not approve it。

　　Chapter III Restoration of damaged land left over by history and land damaged by natural disasters

　　Article 21 The competent departments of land and resources of the people's governments at or above the county level shall investigate and evaluate the land left damaged by history and the land damaged by natural disasters。

　　Article 22 The competent departments of land and resources of the people's governments at or above the county level shall, on the basis of investigation and evaluation, work out special plans for land reclamation according to the general plans for land utilization, determine key areas for reclamation, objectives, tasks and requirements for reclamation, and organize implementation after approval by the people's governments at the corresponding levels。

　　Article 23 People's governments at or above the county level shall invest funds for reclamation of land left damaged by history or land damaged by natural disasters, or attract social investment for reclamation in accordance with the principle of "whoever invests, whoever benefits"。Where the land right holder is clear, supporting and preferential measures may be taken to encourage the land right holder to reclaim on his own。

　　Article 24 The State shall administer the reclamation of land left damaged by history and land damaged by natural disasters according to projects。

　　The competent land and resources departments of the people's governments at or above the county level shall determine the annual reclamation projects in accordance with the special land reclamation plan and the annual land reclamation fund arrangement。

　　Article 25 Where the government invests in reclamation, the competent department of land and resources responsible for organizing the implementation of land reclamation projects shall organize the preparation of land reclamation project design documents, specifying the location, area, objectives and tasks, project planning and design, implementation progress and completion deadline of the reclamation projects。

　　Where land right holders are responsible for their own reclamation or social investment for reclamation, land right holders, investment units and individuals shall organize the preparation of land reclamation project design documents, and submit them to the land and resources departments responsible for organizing the implementation of land reclamation projects for examination and approval before implementation。

　　Article 26 Where the government invests in reclamation, the relevant land and resources departments shall, in accordance with the provisions of the laws and regulations on bidding and tendering, determine the construction units of land reclamation projects through public bidding。

　　Where the land right holder reclaims by himself or the society invests in the reclamation, the construction unit of the land reclamation project shall be determined by the land right holder, investment unit or individual according to law。

　　Article 27 The construction unit of a land reclamation project shall carry out reclamation in accordance with the land reclamation project design。

　　The land and resources departments responsible for organizing the implementation of land reclamation projects shall improve the project management system and strengthen the guidance, management and supervision in the implementation of projects。 

　　Chapter IV Acceptance of land reclamation

　　Article 28 After a land reclamation obligor completes the land reclamation task according to the requirements of the land reclamation plan，Shall, in accordance with the provisions of the competent land and resources department under The State Council, apply to the competent land and resources department of the local people's government at or above the county level for acceptance inspection，The competent department of land and resources receiving the application shall, together with the relevant departments of agriculture, forestry and environmental protection at the same level, carry out the acceptance check。

　　To conduct land reclamation acceptance inspection, relevant experts should be invited to carry out site inspection, check whether the land after reclamation meets the land reclamation standards and the requirements of the land reclamation program, verify the type, area and quality of the land after reclamation, and announce the preliminary acceptance results, and listen to the views of the relevant right holders。Where the relevant right holders raise objections to the completion of land reclamation, the land and resources department shall, together with the relevant departments, further verify and report the verification to the relevant right holders;If the situation is true, rectification opinions shall be put forward to the land reclamation obligor。

　　Article 29 The competent land and resources department responsible for organizing the acceptance inspection shall, together with relevant departments, complete the acceptance inspection within 60 working days from the date of receiving the application for land reclamation acceptance inspection，Qualified by experience，Issue acceptance confirmation letter to the land reclamation obligor;Experience received unqualified，Provide written rectification opinions to the land reclamation obligor，List the things that need to be rectified，The land reclamation obligor shall re-apply for acceptance inspection after completing the rectification。

　　Article 30 After the completion of land reclamation projects invested by the government, the land and resources departments responsible for organizing the implementation of land reclamation projects shall conduct preliminary acceptance inspections in accordance with the provisions of Article 28, paragraph 2 of these Regulations。After the preliminary acceptance, the land and resources department responsible for organizing the implementation of land reclamation projects shall, in accordance with the provisions of the land and resources department under The State Council, apply to the land and resources department of the people's government at a higher level for final acceptance。The competent department of land and resources of the people's government at a higher level shall, together with the relevant departments, organize timely inspection and acceptance。

　　After the completion of a land reclamation project in which the land right holder reclaims the land by himself or with social investment, the land and resources department responsible for organizing the implementation of the land reclamation project shall, together with the relevant departments, carry out the acceptance inspection。

　　Article 31 Where reclamation is for agricultural land, the competent land and resources department responsible for organizing the acceptance shall, together with the relevant departments, track and evaluate the effect of land reclamation within 5 years after the acceptance, and put forward suggestions and measures to improve the quality of land。

　　Chapter V: Incentive measures for land reclamation

　　Article 32 If the obligor of land reclamation restores the cultivated land, forest land, pasture land and other agricultural land damaged by production and construction activities to their original state within the prescribed time limit, the cultivated land occupation tax already paid shall be refunded in accordance with the relevant tax laws and regulations of the State。

　　Article 33 Land left damaged by history or damaged by natural disasters for social investment for reclamation, which belongs to state-owned land without the right to use, may be assigned to investment units or individuals for long-term cultivation, forestry, animal husbandry or fishery production with the approval of the people's governments at or above the county level in accordance with law。

　　Social investment in the reclamation of damaged land left over from history or land damaged by natural disasters，Land owned by peasant collectives or state-owned land owned by holders of the right to use the land，Relevant departments in charge of land and resources shall organize investment units or individuals to sign land reclamation agreements with land right holders，Clarify the objectives and tasks of reclamation and the land use and income distribution after reclamation。

　　Article 34 Where the owners of the right to use state-owned land left damaged or damaged by historical or natural disasters, or the owners of peasant collectively-owned land left damaged or damaged by historical or natural disasters, restore the damaged land into cultivated land on their own, the local people's governments at or above the county level shall give subsidies。

　　Article 35 Where a local people's government at or above the county level reclaims construction land damaged or destroyed by historical legacy or natural disasters into cultivated land, it may, in accordance with the relevant provisions of the State, be used as a supplementary cultivated land indicator for the use of cultivated land for non-agricultural construction within the province, autonomous region or municipality directly under the Central Government。

　　Chapter VI Legal liability

　　Article 36 Where the departments responsible for the supervision and administration of land reclamation and their staff commit any of the following acts, the persons directly in charge and other persons directly responsible shall be given sanctions according to law;If the person directly in charge and other persons directly responsible constitute a crime, they shall be investigated for criminal responsibility according to law:

　　(1) Approval of land for construction or approval of mining license and renewal, alteration or cancellation of mining license in violation of the provisions of these Regulations;

　　(2) withholding, occupying or misappropriating land reclamation fees;

　　(3) resorting to fraud in the acceptance of land reclamation;

　　(4) failing to perform the duties of supervision and administration according to law or failing to investigate and handle according to law the acts found to be in violation of these Regulations;

　　(5) demanding or accepting property from others or seeking other benefits in the process of reviewing land reclamation plans, implementing land reclamation projects, organizing land reclamation acceptance checks, and carrying out supervision and inspection;

　　(6) other acts of favoritism, abuse of power or dereliction of duty。

　　Article 37 Before the implementation of these Regulations, the procedures for land use for construction have been completed or mining licenses have been obtained，Land reclamation obligors who continue to engage in production and construction activities causing land damage after the implementation of these Regulations fail to prepare supplementary land reclamation plans in accordance with the provisions，The competent land and resources department of the local people's government at or above the county level shall order rectification within a time limit;Not corrected within the time limit，A fine of not less than 100,000 yuan but not more than 200,000 yuan。

　　Article 38 If the obligor of land reclamation fails to include the land reclamation expenses into the production cost or the total investment of construction projects in accordance with the provisions, the land and resources department of the local people's government at or above the county level shall order rectification within a time limit.Those who fail to make corrections within the time limit shall be fined not less than 100,000 yuan but not more than 500,000 yuan。

　　Article 39 Where the obligor of land reclamation fails to strip the topsoil of the cultivated land, forest land and pasture to be destroyed in accordance with the provisions, the competent land and resources department of the local people's government at or above the county level shall order rectification within a time limit;Those who fail to make corrections within the time limit shall be fined 10,000 yuan per hectare according to the area of land that should be stripped of topsoil。

　　Article 40 Land reclamation obligors use heavy metal pollutants or other toxic and harmful substances as backfill or filling materials，The competent environmental protection department of the local people's government at or above the county level shall order the cessation of the illegal act，Take control measures within a time limit，decontamination，Be imposed a fine of not less than 100,000 yuan but not more than 500,000 yuan;Failing to take remedial measures within the time limit，The competent department of environmental protection may designate a unit capable of governance on its behalf，The cost shall be borne by the offender。

　　Article 41 In cases where obligors of land reclamation fail to report the damage to land, the use of land reclamation expenses or the implementation of land reclamation projects in accordance with regulations, the competent land and resources departments of local people's governments at or above the county level shall order rectification within a time limit;Those who fail to make corrections within the time limit shall be fined not less than 20,000 yuan but not more than 50,000 yuan。

　　Article 42 Where the obligor of land reclamation fails to pay the land reclamation fees which should be paid according to the provisions of these Regulations，The competent land and resources department of the local people's government at or above the county level shall order the payment within a time limit;Overdue payment，A fine of not less than one time and not more than two times the land reclamation fee shall be paid，Where the land reclamation obligation is a mining enterprise，The mining license shall be revoked by the organ that issued the mining license。

　　Article 43 The obligor of land reclamation refuses or obstructs the supervision and inspection by the land and resources departments，Or resorting to fraud while accepting supervision and inspection，The competent department of land and resources shall order it to make corrections，Be imposed a fine of not less than 20,000 yuan but not more than 50,000 yuan;The relevant responsible persons constitute acts violating the administration of public security，The public security organs shall impose administrative penalties for public security according to law;The relevant responsible person constitutes a crime，Criminal responsibility shall be investigated according to law。

　　Those who damage land reclamation projects, facilities and equipment and constitute acts violating the administration of public security shall be punished by the public security organs according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

　　Chapter VII Supplementary Provisions

　　Article 44 These Regulations shall go into effect as of the date of promulgation。The Provisions on Land Reclamation promulgated by The State Council on November 8, 1988 shall be annulled at the same time。