Measures of Ji 'nan Municipality on the Protection and Management of Cultivated Land

Chapter I General Provisions Article 1 In order to protect cultivated land, these Measures are formulated in accordance with the provisions of the Land Administration Law of the People's Republic of China, the Regulations on the Protection of Basic Farmland, and the Measures for the Implementation of the Land Administration Law of the People's Republic of China in Shandong Province, combined with the actual situation of this Municipality. Article 2 These Measures shall apply to the protection of cultivated land within the administrative area of this Municipality. Article 3 The term "cultivated land" as mentioned in these Measures refers to the land used for planting crops as determined in the overall land use planning.

The term "basic farmland" as mentioned in these Measures refers to the cultivated land that is not allowed to be occupied according to the demand of urban population and social and economic development for agricultural products in a certain period and the overall land use planning. Fourth city and county (city, district) people's government is responsible for the protection of cultivated land within their respective administrative areas.

City, county (city, district) land and resources department is responsible for the protection and management of cultivated land within their respective administrative areas.

The agricultural department is responsible for the monitoring of cultivated land quality, the evaluation of new cultivated land fertility and other work related to cultivated land quality.

Environmental protection, forestry, water conservancy and other departments shall, in accordance with their respective responsibilities, do a good job in the protection of cultivated land. Article 5 The protection of cultivated land adheres to the principles of total amount control, balance between occupation and compensation, combination of utilization and maintenance, and unity of ecological management and protection. Sixth production and construction activities should be intensive land conservation, scientific exploitation of potential, not to occupy or occupy less cultivated land. Chapter II Daily Protection of Cultivated Land Article 7 The target responsibility system shall be implemented for the protection of cultivated land.

City, county (city, district) and township (town) people's governments (street offices) shall sign the responsibility book of cultivated land protection target step by step. The contents of the target responsibility book include:

(1) Quantity of cultivated land;

(2) Basic farmland protection areas;

(3) Newly-increased cultivated land area;

(4) Other contents.

The township (town) people's government (street office) shall sign the responsibility book of cultivated land protection target with the rural collective economic organizations. The target responsibility book includes:

(1) Quantity of cultivated land;

(2) Basic farmland protection areas;

(3) Other contents. Eighth cultivated land protection to implement the responsibility target assessment system. The Municipal People's Government regularly organizes land resources, agriculture and other departments to assess the cultivated land protection work of the county (city, district) people's government, and rewards the units and individuals that have made remarkable achievements in the cultivated land protection work. Article 9 The department of land and resources shall, jointly with the agricultural department, establish a system of regular investigation and evaluation of cultivated land quality grades, delimit basic farmland protection areas, set up protection signs and implement special protection.

Once the basic farmland is demarcated, no unit or individual may change or occupy it without legal procedures. Article 10 People's governments at all levels should increase investment in basic farmland construction, maintain irrigation and drainage facilities, strengthen the quality management of cultivated land and agricultural environmental protection, develop ecological agriculture, comprehensively improve farmland, water, roads, forests and villages, and improve the quality of cultivated land. Eleventh land contractors should use organic fertilizer to improve soil fertility and prevent land pollution. Twelfth production and construction activities due to digging damage, subsidence, occupation and other damage to cultivated land, production and construction units and individuals shall be reclaimed according to law.

Conditional reclamation, the county (city, district) land and resources department shall, in conjunction with agriculture, forestry, environmental protection and other departments for acceptance of reclaimed land. After acceptance, it shall be delivered to rural collective economic organizations.

Do not have the conditions for reclamation, land reclamation fees shall be paid. Land reclamation fees are earmarked for land reclamation. Thirteenth production and construction activities in accordance with the law approved the occupation of basic farmland, the construction unit should be stripped and reused. Article 14 No unit or individual may discharge pollutants such as waste water and solid waste that do not meet the national environmental protection standards into cultivated land. Chapter III Balance of Occupation and Compensation of Cultivated Land Article 15 Where non-agricultural construction approved according to law occupies cultivated land, the occupying unit shall reclaim the same amount and quality of cultivated land. If there is no condition for reclamation, the land reclamation fee shall be paid according to law. Land reclamation fees are earmarked for land reclamation.

The land reclamation fee is charged according to the legal multiple of the average annual output value of the occupied land in the first three years; Occupy basic farmland, in accordance with the statutory maximum value multiple collection; If the balance index of ex situ cultivated land is used, it will be charged according to the transaction price of the index.

The use of the balance index of ex situ cultivated land should be declared and approved according to law. Sixteenth non-agricultural construction approved according to law occupies basic farmland, and the county (city, district) people's government shall make supplementary planning according to the quantity and quality of occupation. If there are no supplementary planning conditions in this administrative area, it shall apply for ex situ paid supplementary planning according to law. Seventeenth county (city, district) people's governments shall compensate the township (town) people's governments and rural collective economic organizations that provide balanced indicators. Eighteenth supplementary farmland responsibility units confirmed in accordance with the following provisions:

(a) the city and county (city, district) people's governments shall be responsible for the allocation of urban construction land;

(two) the rural collective economic organizations involved are responsible for the batch construction land of villages and market towns;

(three) the construction unit is responsible for the site selection of construction projects. Chapter IV Rural Land Consolidation Article 19 Rural land consolidation shall conform to the overall land use planning and land consolidation planning, respect farmers' wishes, safeguard farmers' rights and interests, and protect and improve the ecological environment. Twentieth rural land consolidation includes:

(1) Renovation and construction of cultivated land and basic farmland;

(2) Renovation of rural construction land;

(3) Reclaiming land destroyed by production and construction activities;

(four) land reclamation due to historical problems and natural disasters;

(five) the development of unused land;

(six) other circumstances of land consolidation.