Measures for the Implementation of the Regulation on Land Reclamation (2019 Amendment)

Measures for the Implementation of the Regulation on Land Reclamation (2019 Amendment) Measures for the Implementation of the Regulation on Land Reclamation (Promulgated by Order No.56 of the Ministry of Natural Resources on December 27, 2012; and amended in accordance with the Decision of the Ministry of Natural Resources on the First Group of Repealed and Amended Departmental Rules adopted at the 2nd executive meeting of the Ministry of Natural Resources on July 16, 2019) Chapter I General Provisions Article 1 These Measures are formulated in accordance with the Regulation on Land Reclamation (hereinafter referred to as the “Regulation”) for the purpose of guaranteeing the effective implementation of land reclamation. Article 2 For the purpose of land reclamation, the social benefits, economic benefits and ecological benefits of land utilization after reclamation shall be taken into overall consideration. Where any arable land affected by production and construction activities is able to be reclaimed into arable land, such reclamation shall be given priority. Article 3 The competent departments of natural resources at or above the county level shall designate specified bodies and full-time persons responsible for the supervision and administration of land reclamation. The competent departments of natural resources at or above the county level shall strengthen the coordination and cooperation with the departments of development and reform, finance, railway, transportation, water conservancy, environmental protection, agriculture, forestry, etc. and the industry guidance and supervision. The competent departments of natural resources at higher levels shall strengthen the supervision over and guidance to the land reclamation work of the competent departments of natural resources at lower levels. Article 4 Activities such as conducting survey and evaluation on land reclamation, making land reclamation planning and design, determining land reclamation engineering construction and costs, conducting quality control on land reclamation projects, conducting evaluation on land reclamation, etc. shall be governed by, in addition to the provisions of Article 6 of the Regulation, the relevant national standards and industry standards for land management. The competent departments of natural resources at the provincial level may, in light of the actual circumstances of the localities, formulate supplementary standards for land reclamation engineering construction and costs within their respective administrative regions. Article 5 The competent departments of natural resources at or above the county level shall establish land reclamation information management systems, and make use of the overall supervision platforms for natural resources to conduct dynamic monitoring on land reclamation and to timely gather, collect, analyze and release the data and information on land destruction and land reclamation within their respective administrative regions. Chapter II Reclamation of the Land Affected by Production and Construction Activities Article 6 For any production and construction project governed by Article 10 of the Regulation, a land reclamation obligator shall, when filing an application for construction land or handling the application formalities for mining right, organize the formulation of a land reclamation plan in accordance with the requirements of the Rules for the Formulation of Land Reclamation Plans, submit the plan along with other relevant materials to the competent department of natural resources for examination and approval. The competent department of natural resources undertaking the specific examination of corresponding construction land as well as the examination and approval of mining rights shall be responsible for examining the land reclamation plan submitted by the land reclamation obligator. Article 7 Where any land reclamation obligator has undergone the formalities for construction land or obtained a mining license prior to the implementation of the Regulation and continues to engage in the production and construction activities after the implementation of the Regulation, which causes land destruction, the land reclamation obligator shall supplement the land reclamation plan within one year from the date of implementation of these Measures, and submit the supplementary plan to the competent department of natural resources for examination. Article 8 A land reclamation plan shall be divided into a statement on land reclamation plan and a report form for land reclamation plan. A statement on land reclamation plan shall be prepared for construction projects whose construction land has been examined and approved according to law by a people's government at or above the provincial level and mining projects that have been examined and approved by and registered with a competent department of natural resources at or above the provincial level. A report form for land reclamation plan may be prepared for any other project. Article 9 Where any production and construction project has a long production and construction cycle and the land reclamation thereof needs to be implemented by stages, the land reclamation plan for the project shall include a staged land reclamation scheme and an annual implementation scheme. Where the production and construction project is implemented in two or more counties (cities or districts), the implementation plan for land reclamation at the county (city or district) level shall be attached to the land reclamation plan. A staged land reclamation scheme or an implementation plan for land reclamation at the county (city or district) level shall specify land reclamation's objectives, tasks, location, main measures, investment budgetary estimates, project planning and design and so forth. Article 10 A competent department of natural resources shall, after accepting an application for examining a land reclamation plan, organize relevant experts to review. The experts shall be selected from the land reclamation expert pool according to the professional knowledge structure required by review. Where any expert has any interested relationship with the applicant for a land reclamation plan or with the project under application, the expert shall voluntarily request to disqualify himself. An applicant for a land reclamation plan may also apply for the disqualification of any expert to the relevant competent department of natural resources. An applicant for or the relevant interested parties to a land reclamation plan may, according to the provisions of the Regulation on the Disclosure of Government Information , apply to a competent department of natural resources for consulting the expert reviews. The competent department of natural resources shall provide the expert reviews according to law. Article 11 A land reclamation plan shall, after passing the expert review, be subject to the final review of the competent departments of natural resources, and may not pass the final review unless it meets the following conditions: (1) the status quo of land utilization thereof is clear and definite; (2) the analysis and prediction on land destruction are scientific; (3) the objectives, tasks and utilization directions of land reclamation are reasonable and the measures therefor are feasible; (4) the calculation of land reclamation costs is reasonable, and the pre-deposit and usage plans are clear and meet the requirements as prescribed by these Measures; (5) the land reclamation plan is arranged in a scientific manner and the safeguard measures therefor are feasible; and (6) opinions on the land reclamation plan have been solicited and the reasonable ones have been adopted. Article 12 Where a land reclamation plan has passed the final review, the competent department of natural resources shall issue to the land reclamation obligator a letter of review opinions on the land reclamation plan, which shall cover the relevant contents as prescribed in Article 11 of these Measures. Where a land reclamation plan fails to pass the final review, the competent department of natural resources shall notify in writing the land reclamation obligator to supplement application materials. Where the applicant fails to do so within a prescribed time limit, the competent department of natural resources shall refuse to handle the relevant formalities for construction land or mining examination and approval. Article 13 Where the land location, size or any other factor of a projection and construction project changes, or a mining project undergoes any substantial change such as expanding or altering the scope of mining area, the land reclamation obligator shall modify the original land reclamation plan within three months, and submit the modified plan to the former department of natural resources which reviewed the original plan for examination. Article 14 A land reclamation obligator which fails to supplement or modify its land reclamation plan in accordance with the provisions of Article 7 and Article 13 of these Measures shall be treated in accordance with the provisions of Article 20 of the Regulation. Article 15 A land reclamation obligator shall, before implementing a land reclamation project, make the land reclamation planning and design according to the land reclamation plan that has passed examination, and submit concurrently for filing the land reclamation plan and the land reclamation planning and design to the competent department of natural resources at the county level in the place where the affected land is located. Article 16 A land reclamation obligator shall, in accordance with the requirements as prescribed in Article 15 of the Regulation, establish a special joint account for land reclamation funds together with the competent department of natural resources at the county level in the place where the affected land is located with a bank as agreed on by both sides, and, according to the amount of the funds as determined in the land reclamation plan, pre-deposit the land reclamation costs in full amount into the special account for land reclamation funds. The pre-deposited land reclamation funds shall follow the principles of “being owned by land reclamation obligators and supervised by the competent departments of natural resources, and earmarked in special accounts for designated purposes”. Article 17 A land reclamation obligator shall sign an agreement on the use of land reclamation funds and supervision together with the competent department of natural resources at the county level and the bank in the place where the affected land is located, and specify, according to the principles as prescribed in these Measures, the time, amount, procedures, conditions and liabilities for breach of contract of pre-deposit and usage of land reclamation funds. The agreement on the use and supervision of land reclamation funds shall be legally binding on all parties to the agreement. Article 1......