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Soil and Water Conservation Law of the People's Republic of China

发布时间:2008年06月11日18:17 Source: Release time: June 11, 2008 18:17
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(Adopted at the 20th meeting of the Standing Committee of the Seventh National People's Congress on June 29, 1991. Promulgated by Order No. 49 of the President of the People's Republic of China on June 29, 1991. Effective as of the date of promulgation.)

table of Contents

The first chapter of the general rules.............

The second chapter of prevention.............

Chapter III Governance 

Chapter 4: Supervision.............

Chapter V. Legal Liability....????????????????????????????????????

Chapter Six: Supplementary Provisions



Chapter 1 General

Article 1 This Law is formulated to prevent and control soil erosion, protect and rationally utilize water and soil resources, reduce water, drought, and wind and sand disasters, improve the ecological environment, and develop production.

Article 2Water and soil conservation referred to in this Law refers to the measures taken to prevent and control soil erosion caused by natural factors and human activities.

Article 3All units and individuals have the obligation to protect water and soil resources, prevent soil and water loss, and have the right to report on units and individuals that damage water and soil resources and cause soil and water loss.

Article 4The state implements the principle of prevention-oriented, comprehensive planning, comprehensive prevention and control, adapting to local conditions, strengthening management, and focusing on efficiency for soil and water conservation.

Article 5The State Council and the local people's government shall list soil and water conservation as an important responsibility and take measures to prevent and control soil and water loss.

Article 6The water administrative department of the State Council is in charge of the national soil and water conservation work. The water administrative department of the local people's government at or above the county level shall be responsible for the soil and water conservation work in its own jurisdiction.

Article 7The water administrative department of the State Council and local people's governments at or above the county level shall, on the basis of investigation and evaluation of water and soil resources, work with relevant departments to formulate water and soil conservation plans. The soil and water conservation plan must be approved by the people's government at the same level. The soil and water conservation plan approved by the local people's government at or above the county level must be reported to the water administrative department of the people's government at the next higher level for the record. The amendment of the soil and water conservation plan must be approved by the original approval authority. .......

People's governments at or above the county level shall incorporate the tasks identified in the soil and water conservation plan into the national economic and social development plan, arrange special funds, and organize their implementation. ........

People's governments at or above the county level shall designate key areas for soil erosion prevention and control based on the specific conditions of soil erosion.

Article 8Units and individuals engaged in production and construction activities that may cause soil and water loss must take measures to protect water and soil resources and be responsible for controlling water and soil loss caused by production and construction activities.

Article 9People's governments at all levels shall strengthen publicity and education on soil and water conservation and popularize scientific knowledge of soil and water conservation.

Article 10The State encourages scientific and technological research on soil and water conservation, raises the scientific and technological level of soil and water conservation, promotes advanced technologies for soil and water conservation, and systematically trains scientific and technical personnel for soil and water conservation.

Article 11The units and individuals that have made outstanding achievements in the prevention and control of soil erosion shall be rewarded by the people's government.

Chapter II Prevention

Article 12People's governments at all levels shall organize afforestation for the whole people, encourage grass planting, expand forest coverage, and increase vegetation.

Article 13Local people's governments at all levels shall organize agricultural collective economic organizations and state-owned farmers, forests, and pastures, plant charcoal forests and forage grasses, and green manure plants according to local conditions. Rotation, windbreak and sand fixation, protect vegetation. Deforestation and land reclamation, mountain burning and reclamation, and shovel turf and tree digging in steep slopes and arid areas are prohibited.

Article 14It is forbidden to cultivate crops on steep slopes above 25 degrees. .......

People's governments of provinces, autonomous regions, and municipalities directly under the Central Government may, in accordance with the actual conditions of their respective jurisdictions, stipulate a prohibition slope of less than 25 degrees. .........

The specific range of steep slopes that are forbidden to be cultivated shall be determined and announced by the local county-level people's government. ......

If crops have been cultivated on steep slopes that have been forbidden to be cultivated before the implementation of this law, they should gradually return farmland, plant trees and grass, restore vegetation, or build terraces based on the construction of basic farmland.

Article 15The reclamation of barren slopes that are prohibited to be reclamation below the slope of five or more degrees must be approved by the water administrative department of the county-level people's government; You can apply to the people's governments at or above the county level for land reclamation procedures.

Article 16Felling trees must adopt reasonable cutting methods according to local conditions, strictly control all cuttings, adopt measures to prevent soil erosion in the cutting area and skid roads, and complete the reforestation task in a timely manner after logging. Protective forests such as water conservation forests, soil and water conservation forests, and windbreak and sand fixation forests are allowed to be harvested only in tending and regeneration nature. .....

When cutting trees in a forest area, the cutting plan must include soil and water conservation measures formulated in accordance with the provisions of the preceding paragraph. After the harvesting plan is approved by the forestry administrative department, the water and soil conservation measures in the harvesting area will be implemented by the water administrative department and the forestry administrative department.

Article 17 Afforestation on sloping land above five degrees, tending young forests, reclamation of economic trees such as camellia, tung oil, etc., must take soil and water conservation measures to prevent soil erosion.

Article 18When constructing railways, highways, and water projects, vegetation destruction shall be minimized; abandoned sand, rock, and soil must be transported to the specified special storage place and not stacked outside rivers, lakes, reservoirs and special storage places. The ditch of the river is dumped; on the hillsides within the boundaries of railways and highways, slope protection or other land remediation measures must be taken; after the completion of the project, the borrow field, excavation surface, and abandoned sand, stone, and soil storage areas are exposed. Land must be planted with trees and grass to prevent soil erosion. 

When setting up mining enterprises, electric power enterprises and other large and medium-sized industrial enterprises, abandoned stripped topsoil, vermiculite, tailings, waste residues, etc. must be piled up in the specified special storage places, and they must not be used outside of rivers, lakes, reservoirs and special storage places. Ditches are dumped; if vegetation is damaged due to mining and construction, measures must be taken to restore the topsoil and vegetation to prevent soil erosion.

Article 19Building railways, highways, and water projects in mountainous, hilly, and sandy areas, setting up mining enterprises, electric power enterprises, and other large and medium-sized industrial enterprises. In the environmental impact report of construction projects, there must be a water administrative director Soil and water conservation plan agreed by the department. The soil and water conservation plan shall be formulated in accordance with the provisions of Article 18 of this Law. ....

In the mountainous areas, hilly areas, and sandy areas, in accordance with the provisions of the Mineral Resources Law, township collective mining enterprises and individuals applying for mining must hold a water and soil conservation plan agreed by the water administrative department of the local people's government at or above the county level before they can apply for mining. Approval procedures. .........

The soil and water conservation facilities in the construction project must be designed, constructed and put into use at the same time as the main project. When the construction project is completed and accepted, the soil and water conservation facilities shall be inspected and accepted with the participation of the water administrative department.

Article 20Local people's governments at all levels shall take measures to strengthen the management of production activities such as mining, earth extraction, sand digging, and quarrying to prevent soil erosion. ........

It is forbidden to take soil, dig sand, or quarry in dangerous areas of collapse and landslides and areas prone to debris flow. The scope of collapsed landslide danger areas and debris flow-prone areas shall be determined and announced by local people's governments at or above the county level.

Chapter III Governance

Article 21People's governments at or above the county level shall, in accordance with the soil and water conservation plan, organize relevant administrative departments and units to manage soil and water loss in a planned manner.

Article 22In areas subject to hydraulic erosion, natural gullies and small watersheds formed by hillsides on both sides shall be used as a unit to implement comprehensive planning, comprehensive management, and the establishment of a comprehensive soil erosion control system. .......

In wind erosion areas, measures should be taken to develop water sources, divert sand, plant trees and grass, set artificial sand barriers and grid forest belts, etc., establish a wind prevention and sand fixation protection system to control wind and sand hazards.

Article 23The State encourages agricultural collective economic organizations and farmers in soil and water loss areas to control soil and water erosion, and implement support policies in terms of funds, energy, food, taxation, etc. The specific measures shall be formulated by the State Council.

Article 24Local people's governments at all levels shall organize agricultural collective economic organizations and farmers to systematically manage the cultivation of cultivated land below the slope and above five degrees, and according to different circumstances, take measures to improve drainage systems and build terraces. Soil and water conservation measures such as water storage and soil conservation tillage.

Article 25If collectively-owned land in a soil and water loss area is contracted for personal use, the responsibility for controlling soil and water loss shall be included in the contract.

Article 26 Barren hills, ditches, barren hills, and deserted beaches may be contracted by the agricultural collective economic organization, individual farmers, or joint households for the management of soil erosion. .........

If contracting for the control of soil and water loss in barren hills, ditches, barren hills and barren beaches, a contract for water and soil conservation contracting shall be signed in accordance with the principle of who benefits from the contract and who benefits. .........

The forests and fruits planted by the contractor shall be owned by the contractor, and the newly added land due to the contractor shall be used by the contractor. .........

The state protects the lawful rights and interests of the parties to the contractual governance contract. During the validity period of the contracted governance contract, when the contractor dies, the heir may continue to contract in accordance with the contracted governance contract.

Article 27Enterprises and institutions must adopt soil and water conservation measures during the construction and production process, and are responsible for controlling the soil and water loss caused. If the unit is incapable of governance, it shall be governed by the water administrative department, and the cost of the control shall be borne by the enterprises and institutions that cause soil erosion. ........

The costs of soil and water loss prevention and control during the construction process shall be included in the capital construction investment; the costs of water and soil loss prevention and control during the production process shall be included in the production costs.

Article 28The water and soil conservation facilities and planted forests and grasses that are built in soil erosion areas shall be inspected and accepted by the relevant departments organized by the people's governments at or above the county level. ........

Should strengthen management and protection of water and soil conservation facilities, test sites, planted forest and grass, and other management achievements. 

Chapter IV Supervision

Article 29The water administrative department of the State Council shall establish a soil and water conservation monitoring network to monitor and forecast the dynamics of soil and water loss across the country and make announcements.

Article 30The water and soil conservation supervisors of the water administrative departments of local people's governments at or above the county level shall have the right to conduct on-site inspections of soil erosion and their prevention and control in their own jurisdictions. The units and individuals under inspection must truthfully report the situation and provide necessary working conditions.

Article 31 Disputes on the prevention and control of soil erosion that occur between regions shall be settled through consultations; if the negotiation fails, the people's government at the next higher level shall deal with them.

Chapter V. Legal Liabilities

Article 32 In violation of Article 14 of this law, the cultivation of crops on steep slopes where the reclamation is prohibited shall be ordered by the county-level people ’s government ’s water administrative department to stop reclamation and take remedial measures, and may be fined.

Article 33Enterprises, public institutions, and agricultural collective economic organizations shall, without the approval of the water administrative department of the county-level people ’s government, arbitrarily reclaim uncultivated wasteland below the slope of five or more degrees. The competent department has ordered the suspension of reclamation and taken remedial measures, and may be fined.

Article 34 If soil is taken, excavated, or quarried within the danger zone of collapse and landslides or mud-rock flow-prone areas designated by the local people's government at or above the county level, the competent water administrative department of the local people's government at or above the county level Order to stop the above illegal acts, take remedial measures, and impose a fine.

Article 35If the forest is cut in a forest area without taking soil and water conservation measures, causing serious soil erosion, the water administrative department shall report to the people's government at or above the county level to decide to make corrections within a time limit, take remedial measures, and impose a fine. 

Article 36If enterprises and institutions cause soil erosion during the construction and production process and do not take control, they may be fined according to the hazards caused, or they may be ordered to suspend business management; the responsible personnel shall be affiliated by their units or The superior authority shall give administrative sanctions. ........

The fine of water shall be reported to the county-level people's government for decision. Ordering the suspension of business is decided by the municipal and county people's governments; the suspension of enterprises and institutions under the direct jurisdiction of the central or provincial people's government must be reported to the State Council or the provincial people's government for approval. ........

Where soil erosion is caused by individual mining and no treatment is carried out, punishment shall be in accordance with the provisions of the preceding two paragraphs.

Article 37 Where violence and threats prevent the soil and water conservation supervisors from performing their duties according to law, criminal responsibility shall be investigated according to law; if they refuse or hinder the water and soil conservation supervisors from performing their duties without using violence or threats, the public security organ shall follow the law and order Penalties under the Regulations on Administrative Penalties.

Article 38If the parties are not satisfied with the decision on administrative punishment, they may apply for reconsideration to the agency higher than the authority that made the decision on punishment within 15 days of receiving the notice of punishment; Within fifteen days from the date of the lawsuit, the people's court shall be directly sued. ........

The reconsideration organ shall make a reconsideration decision within 60 days from the date of receiving the reconsideration application. If the parties are not satisfied with the reconsideration decision, they may bring a suit in a people's court within 15 days of receiving the reconsideration decision. If the reconsideration organ fails to make a reconsideration decision within the time limit, the parties may bring a suit in a people's court within 15 days from the expiration of the reconsideration period. .......

If the party concerned does not apply for reconsideration, does not sue to the people's court, and fails to implement the punishment decision, the organ that made the punishment decision may apply to the people's court for enforcement.

Article 39 Whoever causes harm to soil and water loss shall be obliged to eliminate the harm and compensate the units and individuals who have suffered the damage directly. ........

The dispute over the liability for compensation and the amount of compensation may be settled by the water administrative department at the request of the parties; if the parties are not satisfied with the decision, they may sue in the people's court. The parties may also directly sue in the people's court.

Because of irresistible natural disasters and timely and reasonable measures have been taken, which still cannot avoid causing damage to water and soil erosion, they shall be exempted from liability.

Article 40Where a soil and water conservation supervisor neglects his duties and abuses his power to cause damage to public property, the state, and the people's interests, he shall be given administrative sanctions by his unit or a higher authority; if a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VI Supplementary Provisions

Article 41 The State Council formulates implementing regulations in accordance with this Law. .......

The standing committees of the people's congresses of provinces, autonomous regions, and municipalities directly under the Central Government may formulate implementation measures in accordance with this Law and the actual conditions of the region.

Article 42 This Law shall enter into force on the date of promulgation. The "Regulations on Soil and Water Conservation Work" promulgated by the State Council on June 30, 1982 shall be repealed at the same time.

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