BIZCHINA / Land Resources
Land Administration Law of the People's Republic of China
Updated: 2006-05-08 11:18
Article 31 The State protects cultivated land and strictly controls
conversion of cultivated land to non-cultivated land.The State applies
the system of compensation for use of cultivated land for other purposes.
The principle of ��reclaiming the same amount of land as is used�� shall
be applied to any unit that, with approval, uses cultivated land for
construction of non-agricultural projects, that is, the unit shall be
responsible for reclaiming the same amount and quality of the cultivated
land it uses. If conditions for such reclamation do not exist or if the
reclaimed land fails to meet the requirements, the unit shall pay
expenses for reclamation in accordance with the regulations set by
people's governments of provinces, autonomous regions and municipalities
directly under the Central Government and the money shall exclusively be
used for reclamation.
People's governments of provinces, autonomous regions and municipalities
directly under the Central Government shall formulate plans for land
reclamation, see that the unit that uses cultivated land reclaims land
according to plan or arrange reclamation according to plan, and conduct
inspection before acceptance.
Article 32 Local people's governments at or above the county level may
require the units that wish to use cultivated land to remove the arable
layer of cultivated land to the reclaimed land or to land of inferior
quality, or to other cultivated land for improving soil.
Article 33 People's governments of provinces, autonomous regions and
municipalities directly under the Central Government shall strictly
implement the overall plans and annual plans for land utilization and
take measures to ensure that the total amount of cultivated land within
their administrative areas remains unreduced. Where the total amount of
cultivated land is reduced, the State Council shall order the government
concerned to reclaim land of the same quality and amount as is reduced
within a time limit, and the land administration department together with
the agriculture administration department under the State Council shall
inspect the land reclaimed before acceptance. Where individual
governments of provinces or municipalities directly under the Central
Government, for lack of land reserves, cannot reclaim enough land to make
up for the cultivated land they used for additional construction
projects, they shall apply to the State Council for approval of their
reclaiming less or no land within their own administrative areas but of
their reclaiming land in other areas.
Article 34 The State applies a system of protection for capital farmland.
Cultivated land of the following categories shall be included in the
protected capital farmland in accordance with the overall plan for land
utilization and be placed under strict control:
(1) cultivated land within bases of grain, cotton and oil crops
production, which are designated as such with the approval of the
departments concerned under the State Council or of the people's
governments at or above the county level;
(2) cultivated land with good irrigation and water and soil conservation
facilities as well as medium-and low-yield fields that are under
improvement according to plan or that can be improved;
(3) vegetable production bases;
(4) pilot fields for scientific research or teaching of agriculture; and
(5) other cultivated land that should be included in the protected
capital farmland according to regulations of the State Council.
The capital farmland designated as such by provinces, autonomous regions
and municipalities directly under the Central Government shall account
for at least 80 percent of the total cultivated land in their
administrative areas respectively.
The area of protected capital farmland shall be demarcated with the
township (town) as a unit and such demarcation shall be arranged by the
land administration department together with the agriculture
administration department of a people's government at the county level.
Article 35 People's governments at all levels shall take measures to
protect irrigation and drainage facilities, improve soil, increase soil
fertility and prevent desertification, salinization, and soil erosion and
contamination.
Article 36 In non-agricultural constructions; attention shall be paid to
economizing on the use of land. Where wasteland can be used, no
cultivated land may be used; where land of inferior quality can be used,
no land of superior quality may be used.
It is forbidden to use cultivated land for building kilns and graves or
to build houses, dig sand, quarry, mine or collect earth on or from
cultivated land without authorization.
It is forbidden to use capital farmland for planting forest or fruit
trees or to turn such land into pond for raising fish.
Article 37 All units and individuals are forbidden to leave cultivated
land unused or let it lie waste. Where a stretch of cultivated land, for
which the formalities of examination and approval have been gone through
for its use for non-agricultural construction projects but which can
still be cultivated and yield crops, is not used within one year, its
cultivation shall be resumed by the original collectives or individuals
or may be arranged by the land user. If construction is not started for
over one year, the land user shall, in accordance with the regulations of
provinces, autonomous regions and municipalities directly under the
Central Government, pay charges for leaving the land unused. If the land
is not used for two years running, the people's government at or above
the county level shall, with the approval of the original approving
organ, take back the users right to the use of the land without
compensation. If the said land is originally owned by peasant
collectives, it shall be returned to the original collective economic
organization of the village to resume cultivation.
Land in the area covered by urban planning, the land-use right of which
is assigned for development of real estate, that is left unused shall be
dealt with in accordance with the relevant provisions in the Law of the
People's Republic of China on the Administration of the Urban Estate.
Where a unit or individual that contracts to operate cultivated land but
lets the land lie waste for two years running, the original unit that
gives out the contract shall terminate the contract and take back the
land under contract.
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