BIZCHINA / Land Resources
Land Administration Law of the People's Republic of China
Updated: 2006-05-08 11:18
Article 38 The State encourages units and individuals to develop unused
land in accordance with the overall plans for land utilization, on
condition that the ecological environment is protected and improved and
soil erosion and desertification prevented. Priority shall be given to
the development of such land for agricultural purposes where conditions
permit.
The State protects the lawful rights and interests of such developers in
accordance with law.
Article 39 Unused lands shall be reclaimed on the basis of scientific
confirmation and evaluation, within the reclaimable area designated as
such in an overall plan for land utilization and with lawful approval. It
is forbidden to reclaim cultivated land by destroying forests or
grasslands, to reclaim land from lakes and to encroach on tidal-flat
areas of rivers.
Where land is reclaimed from forests, grasslands or lakes at the expense
of the ecological environment, it shall gradually be returned to forests,
grasslands and lakes according to plan.
Article 40 Units or individuals that wish to develop State-owned barren
hills, wastelands or waste tidal flats, the land-use right of which is
not yet established, for crop cultivation, forestry, animal husbandry or
fishery shall be subject to lawful approval by people's governments at or
above the county level, which may decide that such land be used by the
said units or individuals for a long time.
Article 41 The State encourages land revitalization. County and township
(town) people's governments shall make arrangements for rural collective
economic organizations to conduct, in accordance with overall plans for
land utilization, all-round improvement of the fields, water conservancy,
roads and forests and development of the villages in order to improve the
quality of the cultivated land, increase the efficient area of cultivated
land and better the conditions of agricultural production and the
ecological environment.
Local people's governments at all levels shall take measures to transform
the medium-and low-yield fields and improve idle and waste land.
Article 42 Land users that cause damage to land as a result of digging,
subsiding or crumbling under heavy weight shall be responsible for
recultivating the land in accordance with the relevant regulations of the
State. Where conditions do not permit such recultivation or the land
recultivated does not meet the requirements, the user shall pay charges
for recultivation, which shall exclusively be used for the purpose. The
land recultivated shall first be used for agriculture.
Chapter V Land to Be Used for Construction
Article 43 All units and individuals that need land for construction
purposes shall, in accordance with law, apply for the use of State-owned
land, with the exception of the ones that have lawfully obtained approval
of using the land owned by peasant collectives of their own collective
economic organizations to build township or town enterprises or to build
houses for villagers and the ones that have lawfully obtained approval of
using the land owned by peasant collectives to build public utilities or
public welfare undertakings of a township (town) or village.
"The State-owned land" mentioned in the preceding paragraph includes land
owned by the State and land originally owned by peasant collectives but
requisitioned by the State.
Article 44 Where land for agriculture is to be used for construction
purposes, the formalities of examination and approval shall be gone
through for the conversion of use.
Where land for agriculture is to be converted to land for the
construction of road, pipeline or large infrastructure projects, for
which approval has been obtained from people's governments of provinces,
autonomous regions and municipalities directly under the Central
Government, or for the construction of projects, for which approval has
been obtained from the State Council, the conversion shall be subject to
approval by the State Council.
Where land for agriculture is to be converted to land for construction of
projects in different periods in order to carry out the overall plan for
land utilization within the limits of the amount of land fixed in the
plan for the construction of cities, villages or towns, the conversion of
use of land shall, in accordance with the annual plan for land
utilization, be subject to approval in batches by the organ that
originally approved the overall plan for land utilization. Approval for
the use of land for construction of specific projects within the limits
of the amount of land for agriculture, conversion of the use of which has
been approved, may be obtained from people's governments of cities or
counties.
Where land for agriculture is to be converted to land for construction
projects other than what is provided for in the second and third
paragraphs of this Article, the conversion shall be subject to approval
by people's governments of provinces, autonomous regions and
municipalities directly under the Central Government.
Article 45 Approval shall be obtained from the State Council for
requisition of the following land:
(1) capital farm land;
(2) cultivated land, not included in capital farm land, that exceeds 35
hectares; and
(3) other land that exceeds 70 hectares.
Requisition of land other than that provided for in the preceding
paragraph shall be subject to approval of the people's governments of
provinces, autonomous regions and municipalities directly under the
Central Government and be submitted to the State Council for the record.
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