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National policies on land reclamation
User consultation
What are the relevant policies of the state on land reclamation?
Lawyer answers
According to Article 17 of the Regulations for the Implementation of the Land Management Law of the People's Republic of China, it is forbidden for units and individuals to engage in land development activities in the reclamation-forbidden areas determined by the overall land use planning.
Anyone who develops state-owned barren hills, wasteland and wasteland to engage in planting, forestry, animal husbandry and fishery production in the land reclamation area determined in the overall land use planning shall apply to the land administrative department of the people's government at or above the county level where the land is located and report it to the people's government with the right of approval for approval.
One-time development of state-owned barren hills, wasteland and wasteland with undetermined land use rights of less than 600 hectares shall be approved by the local people's governments at or above the county level in accordance with the limits of authority prescribed by provinces, autonomous regions and municipalities directly under the Central Government; Development of more than 600 hectares, reported to the State Council for approval.
If the state-owned barren hills, wasteland and wasteland with undetermined land use rights are developed to engage in farming, forestry, animal husbandry or fishery production, they can be determined to be used by the development unit or individual for a long time with the approval of the people's government at or above the county level according to law, and the longest use period shall not exceed 50 years.
According to Article 20 of People's Republic of China (PRC) Rural Land Contract Law, the contract period of cultivated land is 30 years. Grassland contract period is 30 to 50 years. The contract period of forest land is thirty to seventy years; Approved by the administrative department of forestry in the State Council, the forest land contract period of special trees can be extended.
Article 44 The provisions of this chapter shall apply to rural land such as barren hills, gullies, hills and beaches that are not suitable for household contracting through bidding, auction and public consultation.
Article 45
If rural land is contracted by other means, a contract shall be signed. The rights and obligations of the parties, the term of the contract, etc. , determined by both parties through consultation. If the contract is awarded by tender or auction, the contract fee shall be determined by public tender and bidding; If the contract is contracted through public consultation, the contract fee shall be agreed by both parties.
Article 46
Barren hills, gullies, hills and beaches can be contracted directly by means of bidding, auction and public consultation, or the contracted management right of land can be converted into shares and distributed to members of the collective economic organization, and then contracted operation or joint-stock cooperative operation can be implemented.
Those who contract barren hills, ditches, hills and beaches shall abide by the provisions of relevant laws and administrative regulations, prevent soil erosion and protect the ecological environment.
Remind you: for a small piece of barren land without land jurisdiction, more than 30% of sloping land must be returned to forest and farming is prohibited. Collective land abandoned, have the right to recover the land without permission and contract farming.
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