What Is Land Rehabilitation?

The land reclamation regulations were adopted by the 22nd executive meeting of the State Council on October 21, 1988, and came into effect on January 1, 989. A total of 26. Land reclamation refers to activities that take rectification measures to restore the land that has been damaged by excavation, collapse, and occupation during the production and construction process to a state where it can be used. The scope of application is enterprises and individuals that cause land damage due to mining and construction resources, burning bricks, and coal-fired power generation. The main content is that the principle of "who destroys who reclaims" is implemented in land reclamation; the land management departments of people's governments at all levels are responsible for managing, supervising and inspecting the land reclamation work in their respective administrative areas; Coordinating work; all relevant industry management departments are responsible for the formulation and implementation of industrial land reclamation plans; land reclamation should make full use of waste from neighboring enterprises to fill excavated areas, subsidence areas and underground goafs, For reclamation and dumping of waste in designated land reclamation areas, neither the party that owns the waste nor the party that owns the land reclamation area shall charge the other party. The use of waste as land reclamation fillings shall prevent new pollution. ; The land after the reclamation has reached the reclamation standard and can only be delivered for use after it has passed the acceptance of the land management department in conjunction with the relevant industry management department. ^[1]

Land reclamation regulations

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The land reclamation regulations were adopted by the 22nd executive meeting of the State Council on October 21, 1988, and came into effect on January 1, 989. A total of 26. Land reclamation refers to activities that take rectification measures to restore the land that has been damaged by excavation, collapse, and occupation during the production and construction process to a state where it can be used. The scope of application is enterprises and individuals that cause land damage due to mining and construction resources, burning bricks, and coal-fired power generation. The main content is that the principle of "who destroys who reclaims" is implemented in land reclamation; the land management departments of people's governments at all levels are responsible for managing, supervising and inspecting the land reclamation work in their respective administrative areas; Coordinating work; all relevant industry management departments are responsible for the formulation and implementation of industrial land reclamation plans; land reclamation should make full use of waste from neighboring enterprises to fill excavated areas, subsidence areas and underground mined-out areas, and carry out land reclamation on waste utilization For reclamation and dumping of waste in designated land reclamation areas, neither the party that owns the waste nor the party that owns the land reclamation area shall charge the other party. The use of waste as land reclamation fillings shall prevent new pollution. ; The land after the reclamation has reached the reclamation standard and can only be delivered for use after it has passed the acceptance of the land management department in conjunction with the relevant industry management department. ^[1]

Order of the State Council of the People's Republic of China No. 19

The "Land Reclamation Regulations" have been adopted by the 22nd Executive Meeting of the State Council on October 21, 1988, and are now promulgated, effective as of January 1, 1989 ^[2]

The first is to strengthen

Order of the State Council of the People's Republic of China No. 592

"

Measures for the Implementation of Land Reclamation Regulations

(Deliberated and approved by the 4th Ministerial Meeting of the Ministry of Land and Resources on December 11, 2012)

Chapter I General Provisions

Article 1 In order to ensure the effective implementation of land reclamation, these Measures are formulated in accordance with the Land Reclamation Regulations (hereinafter referred to as the Regulations).

Article 2 Land reclamation shall comprehensively consider the social, economic and ecological benefits of land use after reclamation.

If the production and construction activities cause damage to the cultivated land and can be reclaimed as cultivated land, it should be reclaimed as cultivated land first.

Article 3 The competent land and resources departments at or above the county level shall clarify special agencies and allocate full-time personnel to supervise and manage land reclamation.

Departments of land and resources in charge at or above the county level shall strengthen coordination and industry guidance and supervision with development and reform, finance, urban and rural planning, railway, transportation, water conservancy, environmental protection, agriculture, forestry and other departments.

The competent land and resources department at a higher level shall strengthen supervision and guidance on the land reclamation work of the competent land and resources department at a lower level.

Article 4 In addition to the provisions of Article 6 of the Regulations, carry out activities such as land reclamation investigation and evaluation, preparation of land reclamation planning and design, determination of land reclamation project construction and cost, implementation of land reclamation project quality control, and land reclamation evaluation. It should also comply with relevant national standards and industry standards for land management.

Provincial departments of land and resources may, in light of local conditions, supplement the formulation of standards for construction and cost of land reclamation projects within their respective administrative areas.

Article 5 The competent land and resources department at or above the county level shall establish a land reclamation information management system, use the comprehensive land and resources supervision platform to dynamically monitor land reclamation, and collect, summarize, analyze, and release land damage, Land reclamation and other data.

Chapter II Land Reclamation Process

Article 6 As for the production and construction projects stipulated in Article 10 of the Regulations, the obligor for land reclamation shall, when processing the application for construction land or the application for mining rights, organize the preparation of land in accordance with the requirements of the Regulations for the Preparation of Land Reclamation Plan of the Ministry of Land and Resources The reclamation plan shall be submitted to the relevant land and resources department for review with the relevant materials for approval.

The department in charge of land and resources that specifically undertakes the review of construction land and the approval of mining rights is responsible for reviewing the land reclamation plan submitted by the land reclamation obligor.

Article 7 Before the implementation of the regulations, the construction land formalities have been completed or a mining license has been obtained. If the land is damaged due to continued production and construction activities after the implementation of the regulations, the land reclamation obligor shall complete the land reclamation plan within one year from the implementation of these measures. The supplementary preparation work of the company shall be reported to the relevant land and resources department for review.

Article 8 The land reclamation plan is divided into a land reclamation plan report and a land reclamation plan report form.

In accordance with the law, construction projects approved by the people's governments at or above the provincial level for construction land use and mining projects approved by the land and resources department at or above the provincial level shall prepare reports on land reclamation plans. For other projects, a report form of land reclamation plan can be prepared.

Article 9 For production and construction projects that have a long production and construction cycle and require land reclamation in stages, the land reclamation plan shall include a stage land reclamation plan and an annual implementation plan.

For production and construction projects across counties (cities, districts), a land reclamation implementation plan in units of counties (cities, districts) should be attached to the land reclamation plan.

The land reclamation plan and the implementation plan of the county (city, district) as the unit of land reclamation should clearly define the goals, tasks, locations, main measures, investment estimates, project planning and design of land reclamation.

Article 10 After accepting an application for review of a land reclamation plan, the relevant land and resources authority shall organize experts to conduct a demonstration.

Experts are selected from the land reclamation expert database based on the required professional knowledge structure for the demonstration. Experts who have an interest in the land reclamation plan applicant or the project application shall actively request withdrawal. Applicants for the land reclamation program may also apply for expert withdrawal from the relevant land and resources department.

Applicants of the land reclamation plan or relevant stakeholders may apply to the relevant competent land and resources department for expert opinions in accordance with the "Regulations on the Disclosure of Government Information." Relevant departments of land and resources shall provide the inquiry results according to law.

Article 11 After the land reclamation plan has been approved by experts, the final review will be conducted by the relevant land and resources department. Only those who meet the following conditions can pass the examination:

(1) The current status of land use is clear;

(2) Scientific analysis and prediction of damaged land;

(3) The objectives, tasks and directions of land reclamation are reasonable and the measures are feasible;

(4) The calculation of land reclamation costs is reasonable, the pre-storage and use plan is clear and meets the requirements of these Measures;

(5) scientific arrangements and feasible safeguard measures for land reclamation plans;

(6) The land reclamation plan has solicited opinions and adopted reasonable suggestions.

Article 12 If the land reclamation plan has passed the review, the relevant land and resources department shall issue a land reclamation plan review opinion to the land reclamation obligor. The review opinion of the land reclamation plan shall contain the relevant content specified in Article 11 of these Measures.

If the land reclamation plan fails to pass the review, the relevant land and resources department shall notify the obligor of land reclamation in writing to make corrections. Those who fail to make corrections within the time limit shall not go through relevant formalities for construction land use or mining approval.

Article 13 The land reclamation obligor shall change the original land reclamation plan within three months due to changes in the location and scale of the land for production and construction projects, or major changes in the scope of the mining project such as the expansion and change of the scope of the mining area. , Report to the original land and resources authority for review.

Article 14 If the obligor for land reclamation fails to compile or modify the land reclamation plan in accordance with the provisions of Articles 7 and 13 of these Measures, it shall be handled in accordance with Article 20 of the Regulations.

Article 15 Before implementing the land reclamation project, the land reclamation obligor shall carry out land reclamation planning and design based on the land reclamation plan approved by the review, and report the land reclamation plan and the land reclamation plan and design to the county at the local level. Land and resources department for the record.

Article 16 The obligor for land reclamation shall, in accordance with the requirements specified in Article 15 of the Regulations, establish a special account for land reclamation expenses with the county-level land and resources department at the county where the damaged land is located, and determine it in accordance with the land reclamation plan. The amount of funds shall be fully pre-stored in the land reclamation expense account.

The pre-existing land reclamation expenses follow the principle of "owned by land reclamation obligors, supervised by the competent department of land and resources, and used by special accounts for storage and use of funds".

Article 17 The obligor for land reclamation shall sign a land reclamation expense supervision agreement with the county-level land and resources department and bank where the damaged land is located, and clarify the time and amount of land reclamation expenses pre-storage and use in accordance with the principles stipulated in these Measures. , Procedures, conditions, and liability for breach of contract.

The agreement on the use of land reclamation fees shall have legal effect on the parties.

Article 18 The obligor for land reclamation shall pre-store land reclamation expenses within one month before the commencement of the project.

Where a land reclamation obligor compiles a land reclamation plan in accordance with the provisions of Article 7 of these Measures, it shall store the land reclamation expenses within one month after the land reclamation plan has passed the review.

After the land reclamation obligor revises the land reclamation plan in accordance with the provisions of Article 13 of the present Measures, if the pre-existing land reclamation cost is insufficient, it shall make up the difference within one month after the land reclamation plan has passed the review.

Article 19 Pre-storage of land reclamation expenses shall be carried out in two ways: one-time pre-storage and installment pre-storage.

For projects with a production and construction cycle of less than three years, the land reclamation expenses shall be fully pre-stored at one time.

For projects with a production and construction cycle of more than three years, land reclamation costs may be pre-stored in stages, but the amount of the first pre-storage shall not be less than 20% of the total amount of land reclamation costs. The balance is pre-stored in accordance with the land reclamation cost pre-storage plan determined by the land reclamation plan, and pre-stored one year before the end of production and construction activities.

Article 20 Before the implementation of the regulations, the land reclamation expenses have been included in the mining geological environment management and restoration deposits that have been deposited by the mining production project to the land and resources administration department in accordance with the relevant regulations. The land reclamation obligor may report to the local land and resources administration department. When an application is submitted and verified after verification, the corresponding amount of land reclamation expenses may no longer be stored in advance.

Article 21 The obligor for land reclamation shall, in accordance with the work plan determined by the land reclamation plan and the plan for the use of land reclamation costs, apply to the county-level land and resources department at the county where the damaged land is located for a notice of withdrawal of land reclamation costs. The county-level department of land and resources shall issue a notice of withdrawal of land reclamation expenses within seven days.

The obligor of land reclamation shall draw the land reclamation expenses from the special account for land reclamation expenses based on the land reclamation expenses withdrawal notice, which shall be used exclusively for land reclamation.

Article 22 The obligor for land reclamation shall report the implementation of the land reclamation obligation of the year to the local county-level land and resources authority in accordance with Article 17 of the Regulations before December 31 of each year, including the following:

(1) Annual land damage situation, including land damage mode, land type, location, ownership, area, degree, etc .;

(2) Pre-storage, use and management of annual land reclamation expenses;

(3) the implementation of annual land reclamation, including the type, location, area, ownership, main reclamation measures, and engineering volume of the reclamation land;

(4) Contents of other annual reports stipulated by the competent department of land and resources.

The county-level department of land and resources shall strengthen the supervision and verification of the implementation of the matters reported by the land reclamation obligor, and may publicize the annual report on the performance of the land reclamation obligation on the portal website according to the situation.

Article 23 The county-level department of land and resources shall strengthen the supervision and management of the land reclamation expenses of the obligor for land reclamation, and if it is found that the land reclamation expenses are not used in accordance with the regulations, it may use the land reclamation expenses in accordance with the supervision agreement. It is agreed to investigate the liability of the land reclamation obligor for breach of contract according to law.

Article 24 The obligor for land reclamation shall follow the principle of mainly protecting, preventing and controlling, combining production, construction and reclamation in production and construction activities, and adopt the following preventive and control measures:

(1) For cultivated land, forest land, grassland, etc. that may be damaged, topsoil stripping, layered storage, layered backfilling shall be carried out, and priority shall be given to soil improvement for reclaimed land. The topsoil peeling thickness shall be determined according to relevant technical standards and according to actual conditions. Topsoil stripping should be carried out before the production process and construction;

(2) in open-pit mining, firing bricks and tiles, digging sand for earthwork, quarrying, construction of railways, highways, water conservancy projects, etc., the location, scope, depth, and location and height of soil extraction shall be reasonably determined;

(3) For underground mining or dredging and drainage of groundwater and other constructions, engineering and technical methods such as filling and installation of protection pillars, as well as restrictions and prohibitions on groundwater extraction shall be adopted for special sections prone to ground subsidence or ground subsidence;

(4) It is prohibited to discharge waste gas, waste water, waste residue, fly ash, waste oil, etc. in accordance with regulations.

Article 25 The obligor for land reclamation shall implement full-process control over the scale and extent of the land damaged by production and construction activities, the quality of land reclamation projects during the reclamation process, and the effect of land reclamation, and shall rehabilitate the land after passing the inspection. Adopt management and protection measures to ensure the effect of land reclamation.

Article 26 If the obligor for land reclamation transfers the mining right or land use right according to law, the land reclamation obligation shall be transferred at the same time. However, the land reclamation obligations that the original land reclamation obligor should complete should not be fulfilled.

The land reclamation expenses that have been pre-existed by the original land reclamation obligor and the unfulfilled land reclamation obligations shall be agreed upon in the transfer contract between the original land reclamation obligor and the new land reclamation obligor.

The new obligor for land reclamation shall re-sign a land reclamation fee supervision agreement with the competent land and resources department and bank where the damaged land is located.

third chapter

Land reclamation from historical relics and natural disasters

Article 27 The investigation and evaluation of land left by history and land damaged by natural disasters shall include the following:

(1) Investigation of the status of damaged land, including land type, location, area, ownership, type of damage, characteristics of damage, cause of damage, time of damage, pollution, natural conditions, socio-economic conditions, etc .;

(2) Evaluation of the suitability of reclamation of damaged land, including the degree of damage, reclamation potential, utilization direction and ecological environment impact;

(3) Benefit analysis of land reclamation, including social, economic, and ecological benefits.

Article 28 For the land that meets the following conditions, the county-level land and resources department at the place where it is located shall be deemed as damaged land left by history:

(1) Land damaged by the lost production and construction activities of the land reclamation obligor;

(2) Land damaged by production and construction activities before the Implementation of the Land Reclamation Regulations.

Article 29 The county-level department of land and resources shall announce the results of the identification of damaged land left over by history, and the period shall be no less than 30 days. If the land reclamation obligor has any objection to the determination result, it may apply to the county-level land and resources department for review.

The county-level department of land and resources shall make a reply within 30 days of receiving the application for review. If the obligor of land reclamation refuses to accept it, he may apply to a higher level land and resources department for a ruling.

If the land and resources department at the next higher level finds that the result of the determination made by the county-level land and resources department does not meet the requirements, it may order the county-level land and resources department to re-identify.

Article 30 The special plan for land reclamation shall include the following:

(1) Analysis of land reclamation potential;

(2) principles, objectives, tasks and plans for land reclamation;

(3) Key areas for land reclamation and directions for land reclamation;

(4) the delineation of land reclamation projects, the utilization layout and engineering layout of reclamation land;

(5) Calculation of land reclamation funds, fund raising methods and funding arrangements;

(6) Expected economic, social and ecological benefits;

(7) Implementation safeguard measures for land reclamation.

The special land reclamation plan may be incorporated into the land improvement plan according to the actual situation.

The amendment of the special plan for land reclamation shall be reported to the people's government at the corresponding level for approval in accordance with Article 22 of the Regulations.

Article 31 The local land and resources department at or above the county level shall formulate an annual plan for land reclamation according to the special plan for land reclamation, and organize and carry out land reclamation work step by step and in steps.

Article 32 The sources of reclamation funds for historically damaged land and natural disaster-damaged land as provided for in Article 23 of the Regulations include the following funds:

(1) Land reclamation fees;

(2) cultivated land reclamation fees;

(3) Compensation for the use of new construction land;

(4) income from land transfer for agricultural development;

(5) The remaining portion of the cultivated land occupation tax that can be used for land reclamation;

(6) Other funds that can be used for land reclamation.

Chapter IV Land Reclamation and Acceptance

Article 33 After completing the land reclamation task, the obligor for land reclamation shall organize a self-inspection, submit a written application for acceptance to the county-level land and resources department at the project location, and provide the following materials:

(1) Acceptance survey report and related drawings;

(2) implementation report of planning and design;

(3) Quality assessment report;

(4) Other reports such as testing.

Article 34 For projects with a production and construction cycle of more than five years, the land reclamation obligor may submit an acceptance application in stages, and the competent land and resources department responsible for organizing the acceptance shall implement hierarchical acceptance.

The stage acceptance is organized by the county-level land and resources department where the project is located, and the general experience acceptance is organized by the land and resources department that has passed the land reclamation plan or commissioned by the relevant land and resources department.

Article 35 The competent land and resources department responsible for organizing the inspection and acceptance shall, together with relevant departments of agriculture, forestry, environmental protection and other relevant departments at the same level, organize the invitation of relevant experts and representatives of rural collective economic organizations, in accordance with the land reclamation plan and stage land reclamation plan, Acceptance of:

(1) the objectives and tasks of the land reclamation plan;

(2) implementation of planning and design;

(3) the quality of reclamation projects and the quality of cultivated land;

(4) management of land tenure and archives;

(5) Project management and protection measures.

Article 36 After the initial acceptance results of the land reclamation stage acceptance and general experience acceptance form, the competent land and resources department responsible for organizing the acceptance shall make an announcement at the project location and listen to the opinions of the relevant right holders. The announcement time shall be no less than 30 days.

Relevant land rights holders who have objections to the acceptance results may submit a written request to the competent land and resources department responsible for organizing the acceptance within the announcement period.

The competent department of land and resources shall, within 15 days from the date of receiving the written objection, check with the relevant departments of agriculture, forestry, environmental protection and the like at the same level to form the verification conclusions and feed back the relevant land rights holders. If the objection is true, rectification opinions shall also be submitted to the land reclamation obligor, and the rectification shall be made within a time limit.

Article 37 If the land reclamation project passes the stage acceptance or the general acceptance test, the competent land and resources department responsible for the acceptance shall issue a confirmation letter for the stage or general acceptance acceptance in accordance with Article 29 of the Regulations. The acceptance confirmation shall specify the following:

(1) Overview of land reclamation projects;

(2) the situation of land damage;

(3) completion of land reclamation;

(4) problems existing in land reclamation, suggestions for rectification, and opinions on handling;

(5) Conclusion of acceptance.

Article 38 When applying for new land for construction, a new mining license, or a renewal, change, or cancellation of a mining license, the obligor shall provide a land reclamation project that has been completed in accordance with the provisions of these Measures. Confirmation of Acceptance of Acceptance Certificate or Certificate of Payment of Land Reclamation Fee. Where relevant materials are not provided, the relevant land and resources authorities shall not pass the examination and go through the relevant procedures in accordance with Article 20 of the Regulations.

Article 39 After the government-invested land reclamation project is completed, the land and resources department in charge of organizing and implementing the land reclamation project shall conduct preliminary inspection. Except in accordance with the provisions of these Measures, the inspection procedures and requirements shall be in accordance with the source of funds and the corresponding Implementation of project management measures.

After the initial acceptance is completed, the final acceptance shall be carried out in accordance with the provisions of Article 30 of the Regulations, and an acceptance confirmation shall be issued in accordance with the provisions of Article 37 of these Measures.

After the project of land reclamation on behalf of the competent department of land and resources is completed, it shall be inspected and accepted in accordance with the provisions of this Article.

Article 40 After the completion of the land reclamation project for land reclamation by the owner of the land or social investment for reclamation, the county-level land and resources department at the project location shall carry out the inspection and acceptance.

Chapter V Incentive Measures

Article 41 Where a land reclamation obligor restores agricultural land such as cultivated land, forest land, pasture grassland and other agricultural land that has been damaged by production and construction activities to its original use, it may, in accordance with Article 32 of the Regulations, submit the certificate of acceptance to the locality The county-level land and resources department has filed an application for a refund of the cultivated land occupation tax.

If the verification is true, the county-level land and resources department shall issue an opinion to the land reclamation obligor within 15 days. The obligor for land reclamation shall apply to the relevant departments for the procedures of returning the cultivated land occupation tax according to the opinions issued by the competent department of land and resources.

Article 42: If socially invested land is reclaimed as cultivated land due to historical and natural disasters, in addition to the provisions of Article 33 of the Regulations, those who have rehabilitated non-cultivated land as cultivated land shall be eligible for experience and After the report is submitted to the provincial competent department of land and resources for review and approval, it can be used as a supplementary arable land indicator for the province, autonomous region, and municipality directly under the Central Government, and the city or county government can contribute to purchase the indicator.

Article 43 If the local people s government at or above the county level invests in the reclamation of construction land damaged by historical relics and natural disasters as arable land, it shall be accepted after passing the experience and submitted to the provincial competent department of land and resources for review and approval. The five provisions can be used as supplementary arable land indicators for provinces, autonomous regions and municipalities. The exception is cultivated land that is reclaimed using paid construction land use fees.

Land that is collectively owned by farmers should be handed over to collectives of farmers after reclamation.

Chapter VI Supervision and Management

Article 44 The competent land and resources departments at or above the county level shall take the form of annual inspections, special inspections, routine inspections, and online supervision to supervise and inspect land reclamation activities within their respective administrative areas, and may take the following measures:

(1) Require the party under inspection to truthfully report the situation and provide relevant documents, materials and electronic data;

(2) requiring the inspected parties to make explanations on issues related to land reclamation;

(3) entering the land reclamation site for investigation;

(4) Ordering the inspected parties to stop acts in violation of the regulations.

Article 45 The competent department of land and resources at or above the county level shall promptly disclose to the society the land reclamation management regulations, technical standards, land reclamation planning, land reclamation project arrangement plan, and land reclamation in the administrative area on the portal website. Major issues such as the results of the scheme review and the results of the land reclamation project acceptance.

Article 46 The local competent land and resources department at or above the county level shall report land damage within the administrative region and the progress of land reclamation work on a yearly basis through the land and resources backbone network.

The competent land and resources department at a higher level conducts performance evaluation on the implementation of land reclamation laws and regulations, the implementation of land reclamation obligations, and the effects of land reclamation by the lower land and resources department.

Article 47 The competent land and resources departments at or above the county level shall implement special management of land reclamation files, and shall include land reclamation plans, land reclamation funds use supervision agreements, land reclamation acceptance materials and land reclamation project plans, Data such as land reclamation implementation reports and electronic data are used for archival storage and management.

Article 48 If the ownership and use of land after the reclamation are changed, relevant land registration procedures shall be completed in accordance with the law.

Chapter VII Legal Liability

Article 49 Other acts of malpractice for personal gain, abuse of power, and negligence of duties, as specified in Article 36, Article 6 of the Regulations, include the following:

(1) In violation of Article 21 of these Measures, a notice of withdrawal of land reclamation expenses shall be issued to the land reclamation obligor who does not meet the prescribed conditions, or the land reclamation obligor who meets the prescribed conditions shall not be provided without justified reasons A notice of withdrawal of land reclamation expenses is issued within the time limit;

(2) Violation of Article 41 of these Measures, issuing opinions on refunding cultivated land occupation tax to applicants who do not meet the prescribed conditions, or failing to issue a refund of cultivated land occupation tax to applicants who meet the prescribed conditions without justified reasons Opinion

(3) Other acts in violation of the regulations and these Measures.

Article 50 If the land reclamation obligor fails to submit the land reclamation plan, land reclamation plan and design to the local county-level land and resources department for record in accordance with Article 15 of these Measures, the local land and resources department at or above the county level shall order it Correction within a time limit; if no correction is made within the time limit, a penalty shall be imposed in accordance with Article 41 of the Regulations.

Article 51 If the obligor for land reclamation fails to pre-store land reclamation expenses in accordance with Articles 16, 17, 18, and 19 of these Measures, the competent land and resources department at or above the county level shall order it Make corrections within a time limit; those who fail to make corrections within the time limit shall be punished in accordance with Article 38 of the Regulations.

Chapter VIII Supplementary Provisions

Article 53 Specific measures for land reclamation of radioactive mining projects such as uranium mines shall be separately formulated by the Ministry of Land and Resources.

Article 54 These Measures shall be implemented as of March 1, 2013.