土地复垦条例

　　总理 　温家宝 

　　2011年3月5日

　　第一章　总 则

　　Article 1 These Regulations are formulated in accordance with the Land Administration Law of the People's Republic of China for the purpose of implementing the basic state policy of cherishing and rationally utilizing land and effectively protecting cultivated land, standardizing land reclamation activities, strengthening land reclamation administration and raising the social, economic and ecological benefits of land utilization。

　　Article 2 The term "land reclamation" as mentioned in these Regulations refers to the activities of taking improvement measures to land damaged by production and construction activities and natural disasters so as to make it ready for use。

　　Article 3 Land damaged by production and construction activities shall be reclaimed by production and construction units or individuals (hereinafter referred to as "land reclamation obligors") in accordance with the principle of "whoever damaged it shall restore it"。However, due to historical reasons, it is not possible to determine the land damaged by the production and construction activities of land reclamation obligations (hereinafter referred to as historical damaged land), the people's government at or above the county level is responsible for organizing reclamation。

　　自然灾害损毁的土地，由县级以上人民政府负责组织复垦。

　　Article 4 Production and construction activities shall make economical and intensive use of land, and shall not occupy or occupy less cultivated land.Effective measures shall be taken to reduce the damaged area of land and reduce the extent of land damage。

　　Land reclamation shall adhere to the principles of scientific planning, adapting to local conditions, comprehensive management, economic feasibility and rational utilization。复垦的土地应当优先用于农业。

　　第五条　国务院国土资源主管部门负责全国土地复垦的监督管理工作。The land and resources departments of the local people's governments at or above the county level shall be responsible for the supervision and administration of land reclamation in their respective administrative areas。

　　Other relevant departments of the people's governments at or above the county level shall, in accordance with the provisions of these Regulations and their respective duties, do a good job of land reclamation。

　　Article 6 The preparation of land reclamation plans, the implementation of land reclamation projects, the acceptance of land reclamation and other activities shall comply with the national standards for land reclamation;Where there is no national standard, the industry standard for land reclamation shall be observed。

　　The formulation of national and industrial standards for land reclamation shall determine the reclamation methods, objectives and requirements of different types of damaged land according to the types and degrees of land damage, natural geographical conditions and the feasibility of reclamation。

　　Article 7 The competent land and resources departments of the local people's governments at or above the county level shall establish a land reclamation monitoring system to timely grasp the damage of land resources and the effect of land reclamation in their administrative areas。

　　The competent land and resources department of The State Council and the competent land and resources departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall establish a sound land reclamation information management system to collect, summarize and publish land reclamation data and information。

　　Article 8 The competent departments of land and resources of the people's governments at or above the county level shall, in accordance with their duties, strengthen the supervision and inspection of land reclamation。被检查的单位或者个人应当如实反映情况，提供必要的资料。

　　No unit or individual may disturb or obstruct land reclamation work or damage land reclamation projects, facilities and equipment。

　　Article 9 The State encourages and supports scientific research and technological innovation of land reclamation, and popularizes advanced land reclamation technologies。

　　Units and individuals that have made outstanding contributions to land reclamation work shall be commended by the people's governments at or above the county level。

　　第二章　生产建设活动损毁土地的复垦

　　第十条　下列损毁土地由土地复垦义务人负责复垦：

　　（一）露天采矿、烧制砖瓦、挖沙取土等地表挖掘所损毁的土地；

　　（二）地下采矿等造成地表塌陷的土地；

　　（三）堆放采矿剥离物、废石、矿渣、粉煤灰等固体废弃物压占的土地；

　　(4) Temporary occupation of damaged land for energy, transportation, water conservancy and other infrastructure construction and other production and construction activities。

　　Article 11 The obligor of land reclamation shall prepare land reclamation plans in accordance with the land reclamation standards and the provisions of the land and resources department under The State Council。

　　第十二条　土地复垦方案应当包括下列内容：

　　（一）项目概况和项目区土地利用状况；

　　（二）损毁土地的分析预测和土地复垦的可行性评价；

　　（三）土地复垦的目标任务；

　　（四）土地复垦应当达到的质量要求和采取的措施；

　　（五）土地复垦工程和投资估（概）算；

　　（六）土地复垦费用的安排；

　　（七）土地复垦工作计划与进度安排；

　　（八）国务院国土资源主管部门规定的其他内容。

　　Article 13 The obligor of land reclamation shall submit the land reclamation plan along with the relevant materials for approval when handling the application for construction land or the application for mining rights。

　　Where the obligor of land reclamation fails to prepare the land reclamation plan or the land reclamation plan fails to meet the requirements, the people's government with the approval power shall not approve the land for construction, and the competent land and resources department with the approval power shall not issue the mining license。

　　If the contractor has gone through the procedures for construction land or obtained the mining license before the implementation of these Regulations, and continues to engage in production and construction activities resulting in land damage after the implementation of these Regulations, the land reclamation obligation shall prepare supplementary land reclamation plans in accordance with the provisions of the land and resources department under The State Council。

　　第十四条　土地复垦义务人应当按照土地复垦方案开展土地复垦工作。矿山企业还应当对土地损毁情况进行动态监测和评价。

　　If the production and construction period is long and it is necessary to carry out reclamation in stages, the obligor of land reclamation shall make unified planning and overall implementation of the land reclamation work and production and construction activities, and determine the objectives and tasks of land reclamation at each stage, project planning and design, cost arrangement, project implementation schedule and completion deadline according to the progress of production and construction。

　　Article 15 Land reclamation obligors shall include land reclamation expenses in production costs or total investment of construction projects。

　　Article 16 Land reclamation obligors shall establish land reclamation quality control systems, abide by land reclamation standards and environmental protection standards, protect soil quality and ecological environment, and avoid pollution of soil and groundwater。

　　The land reclamation obligor shall first strip the topsoil of the cultivated land, forest land and pasture to be damaged, and the stripped topsoil shall be used for the reclamation of the damaged land。

　　禁止将重金属污染物或者其他有毒有害物质用作回填或者充填材料。After reclamation of land contaminated by heavy metal pollutants or other toxic and harmful substances, which fails to meet the relevant standards of the State, it shall not be used for growing edible crops。

　　Article 17 The obligor of land reclamation shall, before December 31 of each year, report to the land and resources departments of the local people's governments at or above the county level the land damage in the current year, the use of land reclamation expenses and the implementation of land reclamation projects。

　　The competent land and resources departments of the local people's governments at or above the county level shall strengthen the supervision over the use of land reclamation expenses by land reclamation obligors and the implementation of land reclamation projects。

　　Article 18 Where the obligor of land reclamation does not restore the land, or fails to pass the rectification during the acceptance of reclamation, the land reclamation fee shall be paid, and the relevant land and resources departments shall organize the reclamation on behalf of the obligor。

　　In determining the amount of land reclamation fees, factors such as the type of land before the damage, the actual area of damage, the degree of damage, the standard of reclamation, the use of reclamation and the amount of work required to complete the reclamation task shall be comprehensively considered。The specific administrative measures for the collection and use of land reclamation fees shall be formulated by the competent department of finance and pricing under The State Council in consultation with the relevant departments under The State Council。

　　土地复垦义务人缴纳的土地复垦费专项用于土地复垦。任何单位和个人不得截留、挤占、挪用。

　　Article 19 For state-owned land used by other units or individuals or land owned by peasant collectives that has been damaged in the course of production and construction activities, the obligor of land reclamation shall, in addition to being responsible for reclamation, pay compensation to the units or individuals that have suffered losses。

　　The compensation fee shall be determined through consultation between the obligor of land reclamation and the unit or individual that has suffered the loss according to the actual loss caused.If the consultation fails, it may apply to the competent department of land and resources of the people's government where the land is located for mediation or bring a civil lawsuit to the people's court according to law。

　　Article 20 In cases where obligors of land reclamation fail to perform their land reclamation obligations according to law, the people's governments with the power of approval shall not approve the application for new land for construction.When applying for a new mining license or applying for the renewal, alteration or cancellation of a mining license, the competent land and resources department with the approval power shall not approve it。

　　第三章　历史遗留损毁土地和自然灾害损毁土地的复垦

　　Article 21 The competent departments of land and resources of the people's governments at or above the county level shall investigate and evaluate the land left damaged by history and the land damaged by natural disasters。

　　Article 22 The competent departments of land and resources of the people's governments at or above the county level shall, on the basis of investigation and evaluation, work out special plans for land reclamation according to the general plans for land utilization, determine key areas for reclamation, objectives, tasks and requirements for reclamation, and organize implementation after approval by the people's governments at the corresponding levels。

　　Article 23 People's governments at or above the county level shall invest funds for reclamation of land left damaged by history or land damaged by natural disasters, or attract social investment for reclamation in accordance with the principle of "whoever invests, whoever benefits"。土地权利人明确的，可以采取扶持、优惠措施，鼓励土地权利人自行复垦。

　　Article 24 The State shall administer the reclamation of land left damaged by history and land damaged by natural disasters according to projects。

　　The competent land and resources departments of the people's governments at or above the county level shall determine the annual reclamation projects in accordance with the special land reclamation plan and the annual land reclamation fund arrangement。

　　Article 25 Where the government invests in reclamation, the competent department of land and resources responsible for organizing the implementation of land reclamation projects shall organize the preparation of land reclamation project design documents, specifying the location, area, objectives and tasks, project planning and design, implementation progress and completion deadline of the reclamation projects。

　　Where land right holders are responsible for their own reclamation or social investment for reclamation, land right holders, investment units and individuals shall organize the preparation of land reclamation project design documents, and submit them to the land and resources departments responsible for organizing the implementation of land reclamation projects for examination and approval before implementation。

　　Article 26 Where the government invests in reclamation, the relevant land and resources departments shall, in accordance with the provisions of the laws and regulations on bidding and tendering, determine the construction units of land reclamation projects through public bidding。

　　Where the land right holder reclaims by himself or the society invests in the reclamation, the construction unit of the land reclamation project shall be determined by the land right holder, investment unit or individual according to law。

　　Article 27 The construction unit of a land reclamation project shall carry out reclamation in accordance with the land reclamation project design。

　　The land and resources departments responsible for organizing the implementation of land reclamation projects shall improve the project management system and strengthen the guidance, management and supervision in the implementation of projects。 

　　第四章　土地复垦验收

　　Article 28 After a land reclamation obligor completes the land reclamation task according to the requirements of the land reclamation plan，Shall, in accordance with the provisions of the competent land and resources department under The State Council, apply to the competent land and resources department of the local people's government at or above the county level for acceptance inspection，The competent department of land and resources receiving the application shall, together with the relevant departments of agriculture, forestry and environmental protection at the same level, carry out the acceptance check。

　　To conduct land reclamation acceptance inspection, relevant experts should be invited to carry out site inspection, check whether the land after reclamation meets the land reclamation standards and the requirements of the land reclamation program, verify the type, area and quality of the land after reclamation, and announce the preliminary acceptance results, and listen to the views of the relevant right holders。Where the relevant right holders raise objections to the completion of land reclamation, the land and resources department shall, together with the relevant departments, further verify and report the verification to the relevant right holders;If the situation is true, rectification opinions shall be put forward to the land reclamation obligor。

　　Article 29 The competent land and resources department responsible for organizing the acceptance inspection shall, together with relevant departments, complete the acceptance inspection within 60 working days from the date of receiving the application for land reclamation acceptance inspection，经验收合格的，向土地复垦义务人出具验收合格确认书；经验收不合格的，向土地复垦义务人出具书面整改意见，列明需要整改的事项，由土地复垦义务人整改完成后重新申请验收。

　　Article 30 After the completion of land reclamation projects invested by the government, the land and resources departments responsible for organizing the implementation of land reclamation projects shall conduct preliminary acceptance inspections in accordance with the provisions of Article 28, paragraph 2 of these Regulations。After the preliminary acceptance, the land and resources department responsible for organizing the implementation of land reclamation projects shall, in accordance with the provisions of the land and resources department under The State Council, apply to the land and resources department of the people's government at a higher level for final acceptance。上级人民政府国土资源主管部门应当会同有关部门及时组织验收。

　　After the completion of a land reclamation project in which the land right holder reclaims the land by himself or with social investment, the land and resources department responsible for organizing the implementation of the land reclamation project shall, together with the relevant departments, carry out the acceptance inspection。

　　Article 31 Where reclamation is for agricultural land, the competent land and resources department responsible for organizing the acceptance shall, together with the relevant departments, track and evaluate the effect of land reclamation within 5 years after the acceptance, and put forward suggestions and measures to improve the quality of land。

　　第五章　土地复垦激励措施

　　Article 32 If the obligor of land reclamation restores the cultivated land, forest land, pasture land and other agricultural land damaged by production and construction activities to their original state within the prescribed time limit, the cultivated land occupation tax already paid shall be refunded in accordance with the relevant tax laws and regulations of the State。

　　Article 33 Land left damaged by history or damaged by natural disasters for social investment for reclamation, which belongs to state-owned land without the right to use, may be assigned to investment units or individuals for long-term cultivation, forestry, animal husbandry or fishery production with the approval of the people's governments at or above the county level in accordance with law。

　　社会投资复垦的历史遗留损毁土地或者自然灾害损毁土地，属于农民集体所有土地或者有使用权人的国有土地的，Relevant departments in charge of land and resources shall organize investment units or individuals to sign land reclamation agreements with land right holders，明确复垦的目标任务以及复垦后的土地使用和收益分配。

　　Article 34 Where the owners of the right to use state-owned land left damaged or damaged by historical or natural disasters, or the owners of peasant collectively-owned land left damaged or damaged by historical or natural disasters, restore the damaged land into cultivated land on their own, the local people's governments at or above the county level shall give subsidies。

　　Article 35 Where a local people's government at or above the county level reclaims construction land damaged or destroyed by historical legacy or natural disasters into cultivated land, it may, in accordance with the relevant provisions of the State, be used as a supplementary cultivated land indicator for the use of cultivated land for non-agricultural construction within the province, autonomous region or municipality directly under the Central Government。

　　第六章　法律责任

　　Article 36 Where the departments responsible for the supervision and administration of land reclamation and their staff commit any of the following acts, the persons directly in charge and other persons directly responsible shall be given sanctions according to law;If the person directly in charge and other persons directly responsible constitute a crime, they shall be investigated for criminal responsibility according to law:

　　(1) Approval of land for construction or approval of mining license and renewal, alteration or cancellation of mining license in violation of the provisions of these Regulations;

　　（二）截留、挤占、挪用土地复垦费的；

　　（三）在土地复垦验收中弄虚作假的；

　　(4) failing to perform the duties of supervision and administration according to law or failing to investigate and handle according to law the acts found to be in violation of these Regulations;

　　(5) demanding or accepting property from others or seeking other benefits in the process of reviewing land reclamation plans, implementing land reclamation projects, organizing land reclamation acceptance checks, and carrying out supervision and inspection;

　　（六）其他徇私舞弊、滥用职权、玩忽职守行为。

　　第三十七条　本条例施行前已经办理建设用地手续或者领取采矿许可证，Land reclamation obligors who continue to engage in production and construction activities causing land damage after the implementation of these Regulations fail to prepare supplementary land reclamation plans in accordance with the provisions，由县级以上地方人民政府国土资源主管部门责令限期改正；逾期不改正的，处10万元以上20万元以下的罚款。

　　Article 38 If the obligor of land reclamation fails to include the land reclamation expenses into the production cost or the total investment of construction projects in accordance with the provisions, the land and resources department of the local people's government at or above the county level shall order rectification within a time limit.Those who fail to make corrections within the time limit shall be fined not less than 100,000 yuan but not more than 500,000 yuan。

　　Article 39 Where the obligor of land reclamation fails to strip the topsoil of the cultivated land, forest land and pasture to be destroyed in accordance with the provisions, the competent land and resources department of the local people's government at or above the county level shall order rectification within a time limit;Those who fail to make corrections within the time limit shall be fined 10,000 yuan per hectare according to the area of land that should be stripped of topsoil。

　　Article 40 Land reclamation obligors use heavy metal pollutants or other toxic and harmful substances as backfill or filling materials，由县级以上地方人民政府环境保护主管部门责令停止违法行为，限期采取治理措施，消除污染，处10万元以上50万元以下的罚款；逾期不采取治理措施的，环境保护主管部门可以指定有治理能力的单位代为治理，所需费用由违法者承担。

　　Article 41 In cases where obligors of land reclamation fail to report the damage to land, the use of land reclamation expenses or the implementation of land reclamation projects in accordance with regulations, the competent land and resources departments of local people's governments at or above the county level shall order rectification within a time limit;Those who fail to make corrections within the time limit shall be fined not less than 20,000 yuan but not more than 50,000 yuan。

　　Article 42 Where the obligor of land reclamation fails to pay the land reclamation fees which should be paid according to the provisions of these Regulations，由县级以上地方人民政府国土资源主管部门责令限期缴纳；逾期不缴纳的，处应缴纳土地复垦费1倍以上2倍以下的罚款，土地复垦义务人为矿山企业的，由颁发采矿许可证的机关吊销采矿许可证。

　　第四十三条　土地复垦义务人拒绝、阻碍国土资源主管部门监督检查，或者在接受监督检查时弄虚作假的，由国土资源主管部门责令改正，处2万元以上5万元以下的罚款；有关责任人员构成违反治安管理行为的，由公安机关依法予以治安管理处罚；有关责任人员构成犯罪的，依法追究刑事责任。

　　Those who damage land reclamation projects, facilities and equipment and constitute acts violating the administration of public security shall be punished by the public security organs according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

　　第七章　附 则

　　第四十四条　本条例自公布之日起施行。1988年11月8日国务院发布的《十大正规网堵平台》同时废止。