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

elevant provisions in the “Land Administration Law of the People's Republic of China”：

　　（1） Unlawfully occupying cultivated land in protected areas of basic farmland without approval or otherwise obtaining approval by means of deception；

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　　（2） Units or individuals having no right to approve the requisition or use of cultivated land in protected areas of basic farmland illegally approve such the occupancy；

　　（3） Illegally approving the occupancy of cultivated land in protected areas of basic farmland beyond the limits of authority； and

　　（4） Purchasing， selling or otherwise illegally transferring in other forms cultivated land in protected areas of basic farmland.

　　Article 34 Where anyone， in violation of provisions of these Regulations， damages or wantonly alters protective signs demarcating protected areas of basic farmland， the respective land administration department or the agricultural administration department as authorized by the former department shall order the offender to restore the signs to their original condition and may concurrently impose on the offender a fine not exceeding 500 Renminbi Yuan.

　　Article 35 Anyone， in violation of these Regulations， constructing cave dwellings or houses， digging graves， or excavating sand， quarrying， mining， or otherwise removing earth on basic farmland， and seriously damaging cultivation conditions shall， in accordance with the provisions of the “Land Administration Law of the People's Republic of China”， be ordered to make remedy within the prescribed time limit， and may concurrently be imposed a fine of not exceeding 15 Renminbi Yuan per square meter of the damaged cultivated land.

　　Article 36 Units illegally using reclamation fees for occupancy of land in protected areas of basic farmland， or illegally using non-use fees， shall be ordered by the relevant departments of local governments at or above county level as designated by the people's governments of province， autonomous region or municipality directly under the Central Government to reimburse the illegally used funds and may be imposed a fine not exceeding three times the amount of illegally used funds. Units or higher level organizations shall render administrative punishment to directly responsible persons in charge and other directly responsible persons. The individuals who illegally use such fees shall be punished for embezzlement.

　　Article 37 Parties found to be supplying basic farmland with fertilizers or urban refuse or sludge which fails to conform with state standards shall be warned or shall be subject to a fine imposed by the agricultural administration departments of respective local people's governments at or above county level.

　　Chapter VI Supplementary Provisions

　　Article 38 People's governments of provinces， autonomous regions and municipalities directly under the Central Government may， in accordance with actual local conditions， delimit other land used for agricultural production as protected areas. The protection and administration of other land used for agricultural production in protected areas maybe conducted by reference to these Regulations.

　　Article 39 People's governments of provinces， autonomous regions and municipalities directly under the Central Government may formulate implementation rules in accordance with these Regulations.

　　Article 40 These Regulations shall become effective on October 1， 1994

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