中华人民共和国水土保持法 Law of the Peoples Republic of China on Water and Soil Conservation

roject is carried out， a mining or electrical power enterprise or any other large or medium－sized industrial enterprise is established in a mountainous， hilly or sandstorm area， the environmental impact statement for the project must include a water and soil conservation programme approved by the department of water administration. The water and soil conservation programme shall be drawn up in accordance with the provisions of Article 18 of this Law.

　　Where a township collective mining enterprise is to be set up or an individual is to apply for mining， in accordance with the provisions of the Law on Mineral Resources， in a mountainous， hilly or sandstorm area， a water and soil conservation programme approved by the department of water administration under the people's government at or above the county level must be submitted before the application for going through the approving procedures for mining operation is made.

　　Water and soil conservation facilities in a construction project must be designed， constructed and put into operation simultaneously with the principal part of the project. When a construction project is completed and checked for acceptance， the water and soil conservation facilities shall be checked for acceptance at the same time， with personnel from the department of water administration participating.

　　Article 20 The local people's governments at various levels shall take measures to strengthen the control over such production activities as mining， earth－fetching， sand－digging and quarrying， so as to prevent soil erosion.

　　Earth－fetching， sand－digging and quarrying shall be prohibited in areas in danger of land－collapsing or land－sliding or where mud－rock flow is liable to occur. The scope of such areas shall be determined and announced by the local people's governments at or above the county level.

　　Chapter III

　　Rehabilitation

　　Article 21 The people's governments at or above the county level shall， in accordance with the water and soil conservation plans， organize competent administrative departments and units concerned to engage in a p

lanned way in the rehabilitation of soil erosion.

　　Article 22 In a water－eroded region， by taking a small river basin comprising the natural ravines and flanking hillslopes as a unit， a comprehensive system for the prevention and control of soil erosion shall be set up on the basis of overall planning and comprehensive rehabilitation.

　　In a wind－eroded region， such measures as exploitation of water resources， water diversion for sand removal， planting of trees and growing of grass， installation of artificial sand－break and forest network shall be adopted to build a protective system for windbreak and sand－fixation， thereby controlling hazards of sand storms.

　　Article 23 The State shall encourage the agricultural collective economic organizations and farmers in soil－eroded regions to carry out rehabilitation of soil erosion， and shall also practise a policy of giving support as to fund， energy， grain， taxation， etc.； the specific measures thereof shall be prescribed by the State Council.

　　Article 24 The local people's governments at various levels shall organize agricultural collective economic organizations and farmers to manage in a planned way the cultivated land with a slope of above 5 degrees but under the reclamation－forbidden degrees， by taking in line with different conditions such water and soil conservation measures as regulating drainage systems， building terraced fields， and practising a method of cultivation conducive to water and soil conservation.

　　Article 25 In soil－eroded regions， and individual who contracts for the use of land owned by the collective shall include the responsibility of rehabilitating soil erosion in the contract.

　　Article 26 The rehabilitation of soil erosion on barren hills， waste valleys， barren hillocks and desolated beaches may be contracted to agricultural collective economic organizations， individual farmers or leaseholding household groups.

　　Where the rehabilitation of soil erosion on barren hills， waste valleys， barren hillocks or desolated beaches are contracted out， contracts for the rehabilitation of soil erosion shall be concluded according to the principle of the benefits derived therefrom to be enjoyed by the contractors for the rehabilitation.

　　The trees planted on account of the contracted rehabilitation and the fruits yielded therefrom shall belong to the contractors； and the land expanded as a result of the contracted rehabilitation shall be used by the contractors.

　　The State shall protect the lawful rights and interests of the parties to a contract for rehabilitation. Within the term of the contracted rehabilitation， if a contractor dies， his or her successor（s） may， in accordance with the agreements stipulated in the contract， continue to undertake the contract.

　　Article 27 Any enterprise or institution must， in the course of construction or production， adopt water and soil conservation measures， and shall be responsible for the rehabilitation of the soil eroded. If an enterprise or institution is unable to carry out the rehabilitation， the department of water administration shall undertake the task， and the cost thus entailed shall be borne by the enterprise or institution that has caused the soil erosion.

　　The expenses for the prevention and control of soil erosion arising in the course of construction shall be allocated from the capital construction investment； the expenses for the prevention and control of soil erosion arising in the course of production shall be allocated from the production cost.

　　Article 28 The people's governments at above the county level shall organize departments concerned to inspect for acceptance the water and soil conservation facilities built and the trees and grass planted in soil－eroded regions.

　　The management and protection of water and soil conservation facilities， experimental sites， trees and grass planted and other re

habilitation achievements shall be strengthened.

　　Chapter IV

　　Supervision

　　Article 29 The department of water administration under the State Council shall establish a monitoring network for water and soil conservation， so as conduct monitoring and prediction of the nation－wide soil erosion developments and publicly announce the results thereof.

　　Article 30 Personnel in charge of supervision over water and soil conservation in the departments of water administration under the people's governments at or above the county level shall have the right to carry out on－the－spot inspection on the situations of soil erosion and the prevention and control thereof in areas under their respective jurisdiction. Units and individuals that are being inspected must truthfully report the situations and provide necessary working conditions for the inspection.

　　Article 31 Any dispute arising among regions over the prevention and control of soil erosion shall be solved through consultation； if no settlement is reached through consultation， the case shall be handled by the people's government at the next higher level.

　　Chapter V

　　Legal Responsibility

　　Article 32 In the case of any violation of the provisions in Article 14 of this Law by cultivating crops on reclamation－forbidden hillslopes， the department of water administration under the people's government at the county level shall order the cessation of the reclamation and the adoption of remedial measures， and may also impose a fine.

　　Article 33 Where any enterprise， institution， or agricultural collective economic organization， without approval of the department of water administration under the people's government at the county level， reclaims waste hillsides with a slope of above 5 degrees but under the reclamation－forbidden degrees， the department of water administration under the people's government at the county level shall order the cessation of the reclamation and the adoption of remedial measures， and may also impose a fine.

　　Article 34 In the case of earth－fetching， sand－digging or quarrying in areas in danger of land－collapsing or land－sliding or where mud－rock flow is liable to occur， as designated by the local people's government at or above the county level， the department of water administration under the people's government at or above the county level shall order the cessation of the above law－breaking acts and the adoption of remedial measures， and shall also impose a fine.

　　Article 35 In the case of tree－felling in forest areas without adopting water and soil conservation measures， thus causing serious soil erosion， the department of water administration shall report thereon to the people's government at or above the county level for a decision to order a rectification within a fixed period of time and the adoption of remedial measures， and shall also impose a fine.

　　Article 36 Any enterprise or institution that causes soil erosion in the course of construction or production and fails to carry out rehabilitation may， in light of the harmful consequences thus entailed， be punishable with a fine or be instructed to suspend its business for purposes of rehabilitation； the responsible persons concerned shall be subjected to administrative sanctions by the unit to which they belong or by the competent departments at higher levels.

　　The imposition of a fine shall be subject to a decision by the people's government at the county level on a report submitted by the department of water administration under the people's government at the county level. The decision on ordering the suspension of bu

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