基本农田保护条例 REGULATIONS ON THE PROTECTION OF BASIC FARMLAND

stablishment of a development zone， must append the opinions of the land administration and agricultural administration departments of people's government at or above the provincial level.

　　Article 19 When non-agricultural construction projects occupy， with approval， cultivated land in protected areas of basic farmland， related units or individuals shall be responsible for reclaiming wasteland equal to the occupied land in quantity and quality in accordance with the principle of “reclaiming all the amount of the occupied”， in addition to paying taxes and fees in accordance with the provisions of the “Land Administration Law of the People's Republic of China” and other relevant administrative regulations. In the absence of appropriate conditions for reclamation， or when there claimed land fails to conform with requirements， the related unit or individual must pay or make up the reclamation fees for occupancy of land in protected areas of basic farmland to the department determined by the government of province， autonomous region or municipality directly under the Central Government in accordance with the provisions of the province， autonomous region or municipality directly under the Central Government. In cases of the occupancy of land dedicated to vegetable production in protected areas of basic farmland and where funds for development and construction of new land for that same purpose having been paid according the relevant regulations of the state， the reclamation fees shall be exempted. With regard to the large and medium-sized construction projects of energy， communications， water conservancy， defense and military industries with the investment mainly from the state， which occupy cultivated land in protected areas of basic farmland， the reclamation fees may be exempted with the approval of the State Council.

　　Expenses for reclaiming land， as special funds for special use， shall be earmarked for reclaiming， constructing new basic farmland and improving low to medium yield farmland.

　　Reclamation， construction of new basic farmland and improvements to low and medium yie

ld farmland shall be organized and implemented by the department designated by local people's governments at or above county level.

　　Article 20 The construction of cave dwellings and houses， tombs as well as excavating sand， quarrying and mining， or otherwise removing earth and dumping solid waste are prohibited in protected areas of basic farmland.

　　It is prohibited to change the cultivated land in protected areas of basic farmland into non-cultivated land.

　　Article 21 Units and individuals are prohibited from allowing cultivated land to remain idle or in any other way wasting the land in protected areas of basic farmland. Where any cultivated land in protected areas of basic farmland to be occupied by development zones or by other non-agricultural construction projects which have completed formalities for examination and approval， is not to be used until one year later and can be used for cultivation and reaping in the same period， it shall continue to be cultivated by the collective or individual originally making cultivation of said farmland， or otherwise the construction unit shall organize the cultivation； where the construction project has not started within one year or more than one year， and the relevant cultivated land is left idle in that period， non-use fees shall be paid in accordance with regulations of the province， autonomous region or municipality directly under the Central Government； in cases when land is left idle for two consecutive years without the approval of the original examining and approving organ， the land-use rights of the occupying unit shall be withdrawn and the certificate for use of the land shall be canceled by the land administration department of the people's government at county level after receiving the approval of the people's government at the same level. In cases when individuals contracting for the management of cultivated land in protected areas of basic farmland are found to have allowed the land to remain idle， or have otherwise wasted same， the collective economic organization concerned shall withdraw their rights to contract for management.

　　Article 22 The unit or individual engaged in agricultural production on basic farmland shall maintain and enrich the soil. The state shall advocate and encourage agricultural workers to use organic fertilizers on basic farmland， and chemical fertilizers and pesticide in a rational way.

　　Article 23 People's governments at county level shall， in accordance with actual conditions， formulate measures for determining the classification and grading of the enrichment of cultivated lands in protected areas of basic farmland. The agricultural administration departments of the governments at county level together with the land administration departments of the governments at county level shall implement said measures by fixing the classification and grading of the enrichment of cultivated lands in protected areas of basic farmland and maintaining archives thereof.

　　Article 24 Collective economic organizations or villagers' committees in rural areas shall， periodically， or when the rights to contract for management are transferred， determine the grading of the enrichment of cultivated land in protected areas of basic farmland.

　　Article 25 The agricultural administration departments of local people's governments at county level and above shall gradually establish long-term fixed networks and stations to monitor the enrichment of cultivated lands and the effectiveness of using fertilizers， periodically submit reports regarding changing conditions related to the enrichment of cultivated land in protected areas of basic farmland and put forward local protective measures to the people's government at the corresponding level， and shall provide farmers and agricultural workers with services guiding the use of fertilizers.

　　Article 26 The agricultural administration departments of people's

governments at county level and above shall， together with the environmental protection administration departments at the corresponding level， conduct monitoring and make appraisal in relation to environmental pollution of cultivated land in protected areas of basic farmland， and periodically submit reports on the quality and developing tendency of the environment to people's government at the corresponding level.

　　Article 27 In cases when special circumstances necessitate the occupancy of cultivated lands in protected areas of basic farmland for key national construction projects， provisions of the state concerning the administration of environmental protection related to construction projects shall be complied with. Reports on the environmental impact of construction projects should include a plan for the environmental protection of basic farmland； the department in charge of the administration of environmental protection shall obtain a approval of said plan from the agricultural administration department at the corresponding level before approving the construction project.

　　Article 28 Fertilizers， and urban refuse and sludge as fertilizer supplied to protected areas of basic farmland must conform with all criteria set by the state.

　　Article 29 In cases involving accidents or other incidents which cause or threaten to cause environmental pollution of basic farmland， the person concerned must immediately implement appropriate measures， submit a report to the local department in charge of the administration of environmental protection and the agricultural administration department， and shall accept investigation and decision.

　　Chapter IV Supervision and Administration

　　Article 30 Provided that protected areas of basic farmland have been established， local people's governments at or above county level shall sign a letter of responsibility for the protection of basic farmland with the people's government at a lower level. The people's governments at township level shall sign a similar letter with respective collective economic organizations or villagers' committees in rural areas.

　　Letters of responsibility for the protection of basic farmland shall include descriptions of the following items：

　　（1） The total size of the area and related tracts of basic farmland；

　　（2） The grade of the farmland；

　　（3） Protective measures；

　　（4） Rights and obligations of all parties； and

　　（5） Rewards and punishment.

　　Agricultural contracts shall clearly state the obligations of contracting households and specialized teams （groups）regarding the protection of basic farmland.

　　Article 31 People's governments at county level and above shall establish a system guiding supervision and inspection of the protection of basic farmland， and shall periodically organize the inspections to be carried out jointly by respective land administration， agricultural administration and other relevant departments. A written report on the findings of investigations shall be submitted to people's governments at a higher level. Units and individuals being inspected shall without refusal provide truthful information and materials.

　　Article 32 Land administration and agricultural administration departments of people's governments at county level and above maintain the right to order the correction of acts which damage cultivated land in protected areas of basic farmland within their respective administrative regions.

　　Chapter V Provisions on Punishment

　　Article 33 Anyone committing any of the following acts in violation of provisions of these Regulations shall be punished in accordance with r

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