Notice on Issues Concerning Land Use for Water Conservancy and Hydropower Projects

Notice on Issues Concerning Land Use for Construction of Water Conservancy and Hydropower Projects

Land and Resources Development [200 1] No.355

Departments of Land and Resources of all provinces, autonomous regions, municipalities directly under the Central Government and Xinjiang Production and Construction Corps (Department of Land, Environment and Resources, Bureau of Land and Housing Management, Bureau of Housing and Land Resources, Bureau of Planning and Land Resources, Bureau of Land and Resources), Economic and Trade Commission (ECA) and Water Conservancy (Water, Electricity and Water Affairs) Department (bureau):

Article 51 of the Land Management Law stipulates that "the compensation standards and resettlement measures for land requisitioned by large and medium-sized water conservancy and hydropower projects shall be formulated separately by the State Council". In order to ensure the construction land of water conservancy and hydropower projects, before the promulgation and implementation of the Regulations on Land Acquisition Compensation and Resettlement for Large and Medium-sized Water Conservancy and Hydropower Projects, according to the Land Management Law and relevant regulations, the relevant issues concerning the construction land of water conservancy and hydropower projects are hereby notified as follows:

I. Pre-examination of land for construction projects

(a) in the feasibility study and demonstration stage of water conservancy and hydropower projects, the legal person of the construction project shall go through the pre-examination procedures for land use in accordance with the Measures for the Pre-examination of Land Use for Construction Projects (Order No.7 of the Ministry of Land and Resources). The pre-examination opinions issued by the land administrative department in charge of pre-examination are the necessary documents for approving the feasibility study report of the project.

(two) the legal person of the construction project shall apply to the land administrative department of the people's government at the same level, that is, the authority that approved the construction project, and attach the relevant materials. The land administrative department of the people's government responsible for the pre-trial work shall notify the applicant whether to accept it within 2 working days. If it is not accepted within the time limit, it shall be deemed as accepted.

The land administrative department of the people's government in charge of the pre-trial work shall complete the review within 15 working days from the date of accepting the application for land pre-trial and issue the pre-trial opinions. The pre-trial of extra-large construction projects may be extended after approval, but it shall not exceed 30 working days.

(three) the land for water conservancy and hydropower projects shall conform to the overall land use planning, and if it is not included in the planning, it shall not provide construction land in principle. Has been included in the planning, but the location of land needs to be adjusted, involving the occupation of a small amount of basic farmland and local adjustment of the scope of construction land, the land administrative department of the local people's government may, according to the pre-trial opinions, prepare a planning adjustment plan and submit it for approval together with the land use approval; Not included in the planning, but in line with the relevant provisions of the land management law, the water conservancy and hydropower projects determined by the State Council and the provincial people's government really need to be revised. The land administrative department of the local people's government may, according to the documents approved by the State Council or the provincial people's government, modify the plan according to the pre-trial opinions, and submit it for approval together with the relevant construction land approval materials.

(four) the comprehensive management and development and utilization planning of rivers and lakes should be connected with the overall land use planning. Within the scope of management and protection of rivers, lakes, reservoirs and flood storage and detention areas, land use shall conform to the comprehensive management and development and utilization planning of rivers and lakes, and meet the requirements of flood discharge, flood storage and water delivery of rivers and lakes.

(five) the legal person of the water conservancy and hydropower project construction project shall, in conjunction with the local people's government, prepare the resettlement plan while carrying out the preliminary work of the project. Resettlement planning should be linked with the overall planning of local land use. Involving the adjustment of the overall land use planning, the relevant procedures shall be handled in accordance with the relevant provisions of the state.

Two. Examination and approval of construction land

(a) the legal person of the water conservancy and hydropower project construction project, the land administrative department of the local people's government and the immigration department shall cooperate with each other to do a good job in the application and examination and approval of the land for water conservancy and hydropower projects.

Land for dam areas and reservoirs of water conservancy and hydropower projects shall be applied for by the project legal person to the land administrative department of the county or municipal people's government where the land is located; Resettlement and relocation of special facilities, the county and municipal immigration departments shall apply to the land administrative departments of the county and municipal people's governments where the land is located according to the resettlement plan and the annual immigration plan; The land administrative departments of the people's governments at or above the county level shall, in accordance with the prescribed requirements for examination and approval and the time limit for handling, sort out the examination and approval materials and provide construction land after handling the relevant formalities.

(two) the land for water conservancy and hydropower projects can be submitted for approval according to different land types:

1. The land for dam area and reservoir area shall be submitted for approval according to the land for construction projects with separate site selection;

2. Resettlement land shall be arranged within the scope of construction land determined by the approved overall land use planning of cities or villages and market towns, and shall be submitted for approval by stages according to the cities (villages and market towns);

3, special facilities relocation land, according to the requirements of separate site construction project land approval, separate approval.

(3) Water conservancy and hydropower projects approved by the State Council, large and medium-sized water conservancy and hydropower projects approved by relevant departments of the State Council and provincial people's governments, and relocation of dam areas, reservoir areas and special facilities involving conversion of agricultural land shall be reported to the State Council for approval according to law; Other water conservancy and hydropower projects, dam areas, reservoir areas and the relocation of special facilities involving the conversion of agricultural land shall be approved by the provincial people's government according to law; Involving the use of state-owned construction land and unused land, it shall be approved together with the conversion of agricultural land.

Within the scope of urban (village, market town) construction land determined by the overall land use planning, if the resettlement land for water conservancy and hydropower projects involves the conversion of agricultural land, the people's government of the city or county where it is located shall incorporate it into the urban (village, market town) construction land in batches according to the annual land use plan, and report it to the approving authority of the overall land use planning according to law. Within the approved scope of agricultural land conversion, the specific land for relocation projects shall be approved by the municipal and county people's governments according to law.

Resettlement of dam areas, reservoir areas and special facilities of water conservancy and hydropower projects requires expropriation of rural collective land, involving expropriation of basic farmland, or expropriation of general cultivated land beyond basic farmland exceeding 35 hectares, or expropriation of other land exceeding 70 hectares, which shall be reported to the State Council for approval according to law; Other land requisition shall be approved by the provincial people's government according to law and reported to the State Council for the record.

(4) If the land for water conservancy and hydropower projects involves the conversion of agricultural land and is approved by the State Council according to law, the land acquisition approval procedures shall be handled at the same time, and no land acquisition approval shall be handled separately; If the conversion of agricultural land is approved by the provincial people's government according to law, and the requisition of land belongs to the scope of examination and approval authority of the provincial people's government, the formalities for examination and approval of land acquisition shall be handled at the same time, and no further examination and approval of land acquisition shall be handled; If the conversion of agricultural land is approved by the provincial people's government according to law, and the expropriation of land exceeds the approval authority of the provincial people's government, the provincial people's government shall report to the State Council for approval of expropriation after the conversion of agricultural land is approved according to law.

(5) Where the land for water conservancy and hydropower projects that need to be reported to the State Council for examination and approval involves multiple provinces (autonomous regions and municipalities directly under the Central Government) or cities and counties within provinces (autonomous regions and municipalities directly under the Central Government), the relevant provinces (autonomous regions and municipalities directly under the Central Government) shall organize the relevant land administrative departments of cities and counties to prepare the application materials respectively, and the provincial land and resources management departments shall summarize them and report them to the provinces (autonomous regions and municipalities directly under the Central Government) for examination and approval.

(six) the construction site, equipment yard, abandoned (taken) dump and other temporary land required for the construction of water conservancy and hydropower projects shall be approved by the land administrative departments of the people's governments at or above the county level according to law. Temporary land shall be recovered by the legal person of the construction project in accordance with the principle of "whoever destroys it shall recover it". If the legal person of the construction project does not have the reclamation conditions or the reclamation does not meet the requirements, it shall pay the land reclamation fee according to law, and the local people's government shall be responsible for organizing the reclamation.

If temporary land really needs to occupy cultivated land, the cultivated land area after reclamation should not be less than the occupied cultivated land area.

(VII) Resettlement land occupies the land within the scope of construction land determined in the overall land use planning of cities (including towns), and the part exceeding the original construction land area is approved, and the city people's government shall pay the paid use fee for new construction land in accordance with the relevant provisions of the state.

(8) When the land for water conservancy and hydropower projects is submitted for approval, due to the tight construction period, access roads, water diversion culverts (canals), power transmission and transformation facilities and other land are used. On the premise of finding out the ownership, land type and area of the land to be used, paying the compensation fee for the ground attachments and young crops of the people to be used, and properly handling the relevant land use issues first, with the consent of the land administrative department of the people's government at the next higher level with the right of approval, the land can be used first, but within the prescribed time limit.

During the control period of water conservancy and hydropower projects, the land for single projects that need to be reported to the State Council for approval shall be applied by the provincial land and resources management department in conjunction with the provincial planning department, and can be used first after being reported to the Ministry of Land and Resources for approval.

(nine) water conservancy projects that urgently need land for emergency rescue and disaster relief can give priority to the use of land. Among them, the temporary land should be restored to its original state after the disaster and used by the restored land users, and the land use examination and approval procedures will no longer be handled; Belonging to permanent construction land, the construction project legal person shall apply for completing the examination and approval procedures for construction land within 6 months after the disaster ends.

Three. Land expropriation compensation and resettlement

(1) After the implementation of the new Land Management Law (1999 65438+ 10/), the legal persons of water conservancy and hydropower construction projects began to build dam areas and reservoir areas and relocate immigrants and special facilities. If the application for construction land involves the requisition of rural collective cultivated land, the land compensation fee and resettlement subsidy shall be approved in accordance with the standards stipulated in the new land management law; The standards for land compensation and resettlement subsidies involving the expropriation of other land, and the compensation standards for attachments and young crops on the ground shall be implemented in accordance with the standards stipulated by provinces, autonomous regions and municipalities directly under the Central Government. The compensation for ground attachments involved in resettlement land should follow the principle of restoring the original function according to the original scale and standard.

If the land compensation fee and resettlement subsidy paid by the legal person of the construction project cannot maintain the original production and living standard of the immigrants who need resettlement, the resettlement subsidy standard may be raised as appropriate. The sum of land compensation fees and resettlement subsidies shall not exceed the highest standards prescribed by law. Land acquisition compensation standards can not meet the statutory standards, the construction project legal person shall adjust the total investment of the project budget.

(2) Before the implementation of the new Land Management Law (1 999 65438+1October1), if the dam area has already started construction, or the reservoir area has been flooded, and the resettlement and relocation of special facilities are started, the resettlement and relocation of special facilities in the dam area and reservoir area shall be carried out in accordance with the original Land Management Law. After the implementation of the new Land Management Law, the flooded land in the reservoir area, the land for resettlement and the land for special facilities shall be examined and approved in principle according to the provisions of the new Land Management Law, and the examination and approval procedures for construction land shall be handled according to law.

(3) The land for water conservancy and hydropower projects has been approved by the people's government with approval right before the implementation of the new land management law (1 999 65438+1October1). For the land actually used in the future, the local people's government and the legal person of the construction project should * * do a good job with the masses of the land-expropriated units to ensure the timely use of the project. If it is really difficult for land acquisition compensation to properly arrange the production and life of immigrants, the legal person of the construction project may consult the local people's government and give subsidies as appropriate to ensure that the living standards of the people in the land-expropriated units will not be reduced.

(4) Resettlement of water conservancy and hydropower projects should be combined with the implementation of the overall land use planning of townships (towns) and the construction of small towns. The original scattered resettlement sites should be concentrated in central villages and market towns by demolishing the old ones and building new ones, and township enterprises should be concentrated in industrial parks through structural adjustment to improve land utilization.

Fourth, on the balance of cultivated land occupation and compensation

(a) the construction of water conservancy and hydropower projects occupies cultivated land, and the construction project legal person is responsible for supplementing the same amount and quality of cultivated land; If the cultivated land without supplementary conditions does not meet the requirements, the legal person of the construction project shall pay the land reclamation fee in accordance with the relevant provisions.

(two) to collect land reclamation fees from the legal person of the construction project, the following different standards can be implemented according to the situation:

The cultivated land occupied by dam area, resettlement and relocation of special facilities shall be fully charged according to the minimum standard of cultivated land reclamation fee stipulated by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government;

The inundation of cultivated land in the project reservoir area with power generation benefits as the main factor can be charged at 80% of the lower limit standard of cultivated land reclamation fee stipulated by the people's governments of all provinces, autonomous regions and municipalities directly under the Central Government;

Flood control and water supply (including irrigation) are the main benefits of flooded cultivated land in the project reservoir area, which can be charged at 70% of the lower limit standard of cultivated land reclamation fee stipulated by the people's governments of provinces, autonomous regions and municipalities directly under the Central Government.

Where the people's governments of provinces, autonomous regions and municipalities directly under the Central Government have special provisions on the standard of cultivated land reclamation fees for water conservancy and hydropower projects, the cultivated land reclamation fees shall be levied in accordance with the relevant provisions of the local government.

(three) according to the characteristics of water conservancy and hydropower projects, new land can be regarded as supplementary cultivated land under the following circumstances:

1. Newly-developed cultivated land for resettlement of migrants' production and life and newly-developed gardens that can be adjusted into cultivated land according to relevant regulations; New cultivated land and new garden can be adjusted into cultivated land through land consolidation, slope change and ladder;

2, combined with the project construction, development, reclamation, sorting out the new cultivated land.

(four) the construction of water conservancy and hydropower projects occupies more than 25 degrees of sloping farmland, which is not included in the scope of supplementary cultivated land.

(5) The land administrative departments of the county and municipal people's governments where the water conservancy and hydropower projects are located shall, in accordance with the requirements of the connection between supplementary cultivated land for construction projects and land development and consolidation projects, carefully formulate and organize the implementation of supplementary cultivated land plans to ensure that the quantity and quality of supplementary cultivated land are equivalent to those occupied by construction. Provincial land and resources management departments shall supervise and inspect the implementation of the supplementary cultivated land program and organize acceptance.

Ministry of Land and Resources (MLR)

State Economic and Trade Commission

Ministry of Water Resources

200 1 November 2nd, 2008