Water and Soil Conservation Law of the People's Republic of China (2010 Revision)

Water and Soil Conservation Law of the People's Republic of China (2010 Revision) Order of the President of the People's Republic of China (No.39) The Water and Soil Conservation Law of the People's Republic of China, as amended at the 18th meeting of the Standing Committee of the 11th National People's Congress of the People's Republic of China on December 25, 2010, is hereby promulgated, and shall come into force on March 1, 2011. President of the People's Republic of China: Hu Jintao December 25, 2010 Water and Soil Conservation Law of the People's Republic of China (Adopted at the 20th Meeting of the Standing Committee of the 7th National People's Congress on June 29, 1991 and amended at the 18th Meeting of the Standing Committee of the 11th National People's Congress on December 25, 2010) Contents Chapter I General Provisions Chapter II Planning Chapter III Prevention Chapter IV Control Chapter V Monitoring and Supervision Chapter VI Legal Liability Chapter VII Supplementary Provisions Chapter I General Provisions Article 1 This Law is formulated to prevent and control water and soil loss, protect and reasonably utilize water and soil resources, reduce disasters of flood, drought and sandstorm, improve the ecological environment and guarantee sustainable economic and social development. Article 2 Water and soil conservation activities within the territory of the People's Republic of China shall be governed by this Law. For the purposes of this Law, “water and soil conservation” refers to the measures taken to prevent and control water and soil loss resulting from natural factors or human activities. Article 3 In water and soil conservation, the state shall give priority to prevention, make overall planning, exercise comprehensive control, adopt measures suited to local conditions, strengthen scientific management, and lay stress on efficiency. Article 4 The people's government at or above the county level shall strengthen the unified leadership of water and soil conservation work, bring it into the national economic and social development plan at the same level, arrange special purpose funds for tasks determined in the water and soil conservation planning, and organize the implementation thereof. In key areas for the prevention of water and soil loss (hereinafter referred to as “key prevention areas”) and key areas for the control of water and soil loss (hereinafter referred to as “key control areas”), the target responsibility system and the performance-based reward and punishment system shall apply to the local people's governments at all levels in respect of water and soil conservation. Article 5 The water administrative department of the State Council shall be in charge of the water and soil conservation work of the whole nation. The river basin administrative bodies set up by the water administrative department of the State Council at important rivers or lakes as determined by the state (hereinafter referred to as “river basin administrative bodies”) shall perform their supervisory and administrative functions on water and soil conservation within their respective jurisdictions. The water administrative department of the local people's government at or above the county level shall be in charge of the water and soil conservation work within its administrative region. The departments of forestry, agriculture, and land and resources of the people's government at or above the county level shall do a good job in the prevention and control of water and soil loss within their respective functions. Article 6 The people's governments at all levels and the relevant departments thereof shall strengthen the publicity and education on water and soil conservation, disseminate scientific knowledge about water and soil conservation, and raise the public's awareness of water and soil conservation. Article 7 The state encourages and supports science and technology research on water and soil conservation to improve the scientific and technological level of water and soil conservation, promote advanced technologies for water and soil conservation and foster scientific and technological talents for water and soil conservation. Article 8 All entities and individuals shall have the obligation to protect water and soil resources and prevent and control water and soil loss, and have the right to report conduct damaging water and soil resources or causing water and soil loss. Article 9 The state encourages and supports the participation of social forces in the water and soil conservation work. Entities and individuals with outstanding performance in water and soil conservation shall be commended and rewarded by the people's government at or above the county level. Chapter II Planning Article 10 Water and soil conservation plans shall be made based on the results of water and soil loss investigation and delimitation of key prevention areas and key control areas, under the principle of overall coordination and classified guidance. Article 11 The water administrative department of the State Council shall organize nationwide water and soil loss investigations and announce the investigation results on a regular basis. The water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for investigating water and soil loss within their respective administrative regions, and announce the investigation results after submitting them to the water administrative department of the State Council for archival purposes. Article 12 The people's government at or above the county level shall delimit and announce key prevention areas and key control areas according to the results of water and soil loss investigation. Areas with a great potential risk of water and soil loss shall be delimited as key prevention areas; and areas with serious water and soil loss shall be delimited as key control areas. Article 13 Water and soil conservation plans shall cover the status quo of water and soil loss, delimitation of different types of zones of water and soil loss, targets, tasks and measures for the prevention and control of water and soil loss, etc. Water and soil conservation plans shall include the overall arrangements on the prevention and control of water and soil loss and the protection and reasonable utilization of water and soil resources in river basins or areas and the specific arrangements on special water and soil conservation tasks or prevention and control of water and soil loss in specific areas on the basis of the overall arrangements. Water and soil conservation planning shall be coordinated with the overall land use planning, water resources planning, urban and rural planning and environmental protection planning. In the making of water and soil conservation plans, the opinions of experts and the general public shall be solicited. Article 14 The water administrative department of the people's government at or above the county level shall make a water and soil conservation plan in conjunction with the relevant departments of the people's government at the same level, and the water administrative department shall organize the execution of the plan after the plan is approved by the people's government at the same level or a department authorized by it. A water and soil conservation plan shall be strictly executed once it is approved. Any necessary amendment made to an approved plan according to the actualities shall be reported to the original approving organ for approval under the planning procedure. Article 15 For a plan on infrastructure construction, mineral resource development, urban construction or public utility construction which may cause water and soil loss in the course of execution, the organ making the plan shall propose countermeasures for the prevention and control of water and soil loss in the plan, and before submitting it for approval, solicit the opinion of the water administrative department of the people's government at the same level. Chapter III Prevention Article 16 The local people's governments at all levels shall, according to their water and soil conservation plans, take measures such as closure protection and natural rehabilitation, organize entities and individuals to plant trees and grass, enlarge the area covered by trees and grass, and conserve water sources, so as to prevent or reduce water and soil loss. Article 17 The local people's governments at all levels shall strengthen the administration of soil or sand excavation, quarrying and other activities to prevent or reduce water and soil loss. It shall be prohibited to carry out soil or sand excavation, quarrying or any other activity that may cause water and soil loss in areas with collapse or landslide danger or areas prone to debris flow. Such areas shall be delimited and announced by the local people's governments at and above the county level. In the delimitation of such areas, the areas prone to geologic hazards and key prevention and control areas as determined in the geological hazard prevention and control planning shall be taken into account. Article 18 In areas with serious water and soil loss or in ecologically vulnerable areas, production and construction activities that may cause water and soil loss should be restricted or prohibited, and vegetation, sand shell, crust, lichen, etc., shall be strictly protected. On the slope and bank of erosion grooves, on both sides of rives and in the surrounding areas of lakes and reservoirs, owners of land, holders of right to use land or the relevant management entities shall build plant protection bands. Reclamation or exploitation on such bands shall be prohibited. Article 19 Owners of or holders of right to use water and soil conservation facilities shall strengthen the management and maintenance of such facilities, fulfill the management and maintenance responsibilities, and guarantee the normal functioning thereof. Article 20 It shall be prohibited to cultivate or plant crops at sloping fields with a 25-degree slope or above. For the planting of economic forests in such fields, the species of trees shall be scientifically selected, the size of forests shall be reasonably determined, and water and soil conservation measures shall be taken to prevent water and soil loss. Provinces, autonomous regions ......