Zhejiang Province Land Reclamation Measures

The following is the full text of the Zhejiang Province Land Reclamation Measures. Please read it for reference.

(Order No. 33 of the People’s Government of Zhejiang Province on June 9, 1993)

Article 1. In order to do a good job in land reclamation, protect land resources and rationally utilize land, To improve the ecological environment, these measures are formulated in accordance with the "Land Reclamation Regulations" promulgated by the State Council and relevant laws and regulations, and in combination with the actual situation of our province.

Article 2 The term “land reclamation” as mentioned in these Measures refers to the land damaged due to excavation, collapse, occupation, pollution, etc. during the production and construction process, and the land abandoned after the demolition of buildings. For land, abandoned roads, railways, airports, mines, water conservancy project lands, lands damaged by natural disasters and other abandoned lands, take remediation measures to restore them to a usable state.

Article 3: These Measures apply to units and individuals (hereinafter referred to as units and individuals) that engage in the following activities that cause land damage:

(1) Exploitation of mineral resources;

(2) Coal-fired power generation, smelting and other waste dumping;

(3) Baking bricks and building cement prefabricated yards;

(4) Excavation of soil and sand ;

(5) Discharge of pollutants during the production process;

(6) Demolition of buildings and other facilities;

(7) Various types of temporary land;

(8) Other production and construction activities.

Article 4: Land reclamation adheres to the principle of "whoever destroys it shall reclaim it". Units and individuals who destroy the land have the obligation to reclaim it. No unit or individual may obstruct land reclamation work.

Article 5 The land management departments of the people’s governments at or above the county level are responsible for the unified management of land reclamation work within their own administrative regions. The land management department should work with agriculture, urban construction and other relevant departments to formulate reclamation standards, review the reclamation plans and plans of relevant industry authorities and units, supervise and inspect the implementation of the reclamation plan, and do a good job in land acceptance and inspection after reclamation Cadastral management work.

Article 6 The government encourages the reclamation of land and other abandoned lands destroyed due to natural disasters, rescue operations or other force majeure. Units and individuals undertaking reclamation tasks may be given compensation based on their reclamation workload. Appropriate subsidies.

Abandoned roads, railways, airports, mines, and water conservancy project lands, abandoned lands caused by adjustments to urban planning, village and town planning, and abandoned lands where the saboteur cannot be determined and need to be reclaimed shall be reclaimed from the land. The management department proposes a reclamation plan and implements it in a unified manner after approval by the people's government at or above the county level.

Article 7 When formulating land reclamation plans, relevant industry authorities shall determine the land reclamation area after reclamation in accordance with the requirements of the overall land use plan, the principles of economic rationality, natural conditions and the state of land damage. land use. The land that can be reclaimed as cultivated land should meet the cultivation requirements as much as possible after reclamation. If the land in the basic farmland protection zone is used, it should meet the farming requirements after reclamation. Within urban planning areas, land use after reclamation shall comply with urban planning.

Article 8 For enterprises that use sand and soil for a long time, such as brick and tile factories (kilns), briquettes (balls) factories, cement component precast factories, etc., after approval according to the prescribed approval authority, land management The department should delineate the scope of land for borrowing soil (sand) based on actual needs, and the borrowing (sand) companies should be responsible for reclamation.

Borrowing soil, digging sand, building prefabricated sites, etc. shall not occupy cultivated land. If cultivated land is indeed needed, it must be combined with leveling the land, and drainage and irrigation facilities must not be damaged.

For those who use barren slopes, sand dunes, etc. to dig out soil and sand and turn it into cultivated land, rewards will be given as appropriate depending on the quality of the cultivated land.

Article 9 People’s governments at all levels should establish special funds for land reclamation. The special fund for land reclamation is composed of 5% each of land loss compensation fees and land reclamation fees. Special funds for land reclamation are centrally controlled by the land management department and are earmarked for specific purposes.

Special funds for land reclamation are mainly used in the following aspects:

(1) Preparation of regional land reclamation plans and plans;

(2) Natural Reclamation of disaster-damaged land, abandoned roads, railways, airports, mines, water conservancy projects, etc. and other land reclamation activities organized and implemented by the government.

Article 10 For construction projects with land reclamation tasks, the design documents should include the following reclamation content:

(1) Area, quality, and category of land used for the construction project;

(2) Area, category and degree of damage of land that should be reclaimed;

(3) Land reclamation process design and measures;

(4) Land reclamation site Fund budget and funding sources are required;

(5) Unit responsible for land reclamation, completion deadline, and requirements;

(6) Description of use after reclamation and acceptance period.

When reviewing land for construction, the land management department should comprehensively review the relevant content of land reclamation. If the regulations are violated or the reclamation terms do not meet the requirements, the land management department shall not submit the application for approval.

Article 11 When reviewing construction land, the land management department may collect a reclamation deposit of less than three yuan per square meter from units and individuals with reclamation tasks in accordance with reclamation requirements. The land reclamation deposit paid shall be deposited in a bank through a special account set up by the county (city, district) land management department.

The deposit (including interest) of the reclaimed land can only be returned after the land management department in conjunction with the relevant departments has passed the inspection and acceptance, and a certificate of conformity has been issued. Land that has not been inspected or failed to pass the inspection will be deemed to be It is uncultivated land. The land management department should promptly inspect and accept the reclaimed land without unreasonable delay.

If units and individuals with land reclamation tasks fail to reclamate according to the prescribed standards and time limits, the land management department and industry authorities shall order them to carry out reclamation according to the prescribed standards and time limits, and refuse to perform If there is a reclamation obligation, the reclamation deposit paid shall be used to offset the reclamation costs, and the land management department shall organize reclamation separately. When the reclamation deposit is insufficient to offset the reclamation costs, the shortfall shall be paid by the person who destroyed the land.

Article 12 Collectively owned land destroyed by state-owned and urban collective enterprises during the production and construction process shall be dealt with separately according to the following situations:

(1) Land that can be restored to farming after reclamation Land should be restored to cultivation;

(2) If it cannot be restored to its original use or needs to be used for national construction after reclamation, it shall be requisitioned by the state;

(3) If it cannot be restored after reclamation If the original landowner really needs to retain the land under cultivation conditions, the original landowner shall arrange for its use.

Article 13 Collectively owned land damaged by rural collective enterprises and private enterprises during production and construction shall be restored to its original use as much as possible after reclamation. If the original use cannot be restored after reclamation, the collective economic organization may arrange for use by qualified enterprises and individuals. Those used for construction must go through the approval procedures in accordance with relevant laws and regulations.

Article 14 After the land used for abandoned railways, highways, airports, mines, and water conservancy projects is reclaimed, it shall be uniformly arranged and used by the local people's government, and the units responsible for the reclamation task shall have priority for use.

Article 15 For units and individuals who are punished for demolishing buildings and other facilities due to illegal occupation of land for construction, the land management department shall order them to reclaim the illegally occupied land and pay the reclamation costs and land losses. Compensation fees will be borne by illegal builders. Illegal construction units are not allowed to include reclamation costs in their production costs and capital construction investments.

Article 16 In addition to being responsible for reclamation of state-owned land used by other units or collectively-owned land temporarily not requisitioned by the state, units or individuals shall also pay land losses to the units that suffered losses. Compensation fees and compensation fees for loss of ground attachments.

Compensation for loss of cultivated land (including garden land and breeding ponds, the same below) is calculated based on the average annual output value of the three years before the actual reduction in production, and is calculated by enterprises or individuals based on the actual losses caused in each year. Paid yearly. Compensation fees for other land losses shall be halved based on the compensation fees for cultivated land losses.

The compensation standard for the loss of ground attachments shall be implemented in accordance with the provisions of the "Zhejiang Province Land Management Implementation Measures".

Article 17 The specific amount of compensation for land loss shall be agreed upon by the unit or individual who destroyed the land and the unit that suffered the loss in accordance with the principles stipulated in Article 16. If an agreement cannot be reached, the amount shall be determined by the local land management The department will make decisions together with relevant industry authorities.

If the party concerned is dissatisfied with the decision on the amount of compensation for land loss, he may apply for reconsideration to the higher-level land management department within 15 days from the date of receipt of the decision, or he may file a lawsuit with the People's Court.

Article 18 For units or individuals that fail to perform land reclamation obligations or fail to perform land reclamation obligations as required, the land management department shall order them to make corrections within a time limit. In addition to reclamation fees, a fine of 0.30 yuan to 1.50 yuan per square meter may be imposed depending on the circumstances. Fines must be paid within the time limit stipulated in the penalty decision. If payment is not made within the time limit, a daily late payment fee equivalent to the amount of the fine will be charged. If the land that needs to be reclaimed is not reclaimed after two years of suspension of use, land abandonment fees will be charged starting from the third year in accordance with the provisions of the "Zhejiang Province Land Management Implementation Measures".

For units and individuals that fail to perform their reclamation obligations within the time limit or do not perform their reclamation obligations as required, the land management department may not process their application for new land for production and construction.

Article 19 Fines collected in accordance with the provisions of these Measures shall be handed over in full to the financial department at the same level, and no unit or individual may withhold or misappropriate them.

Article 20 If the party concerned is dissatisfied with the penalty decision made in accordance with these Measures, he may apply for reconsideration to the authority above the authority that made the penalty decision within fifteen days from the date of receipt of the penalty notice; If you are dissatisfied with the reconsideration decision, you may file a lawsuit with the People's Court within 15 days from the date of receipt of the reconsideration decision. The parties concerned may also file a lawsuit directly with the People's Court in accordance with the law. If the party concerned fails to apply for reconsideration within the time limit, does not file a lawsuit with the People's Court, and fails to implement the penalty decision, the agency that made the penalty decision may apply to the People's Court for compulsory execution.

Article 21 Anyone who disrupts or hinders land reclamation work or damages land reclamation project equipment and violates the "Regulations on Public Security Administration Punishments of the People's Republic of China" shall be subject to public security administration by the local public security agency Punishment; if a crime is constituted, criminal liability shall be investigated by judicial organs in accordance with the law.

Article 22 If a state functionary responsible for land reclamation neglects his or her duties or engages in malpractice for personal gain, he or she shall be subject to administrative sanctions by his/her unit or the superior authority; if a crime is constituted, he shall be investigated by the judicial authorities in accordance with the law. criminal responsibility.

Article 23 The Legal Affairs Bureau of the Provincial People’s Government is responsible for interpretation of specific issues in the implementation of these Measures.

Article 24 These Measures shall come into effect on the date of promulgation.