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

siness for purposes of rehabilitation shall be made by the people's government at the municipal or county level； the suspension of business for purposes of rehabilitation for an enterprise or institution directly under the Central Government or a people's government at the provinci

al level shall be reported to the State Council or the provincial people's government for approval.

　　Any individual who engages in mining causes soil erosion and fails to carry out rehabilitation shall be punished in accordance with the provisions of the preceding two paragraphs.

　　Article 37 Whoever hinders， by use of violence or threat， the performance of duty according to Law by personnel in charge of supervision over water and soil conservation shall be investigated for criminal responsibility according to law； those who refuse to accept or hinders the performance of duty by personnel in charge of supervision over water and soil conservation， but without resorting to violence or use of threat， shall be punished by the public security organ in accordance with the Regulations on Administrative Penalties for Public Security.

　　Article 38 If any party is not satisfied with the decision on administrative sanctions， it may， within 15 days after the receipt of the notice of sanctions， apply for reconsideration to the organ at the next higher level over the one that has made the decision. The party may also directly bring a suit in a people's court within 15 days after the receipt of the said notice.

　　The reconsideration organ shall， within 60 days after the receipt of the application for reconsideration， make a reconsideration decision. If the party concerned is not satisfied with the reconsideration decision， it may， within 15 days after the receipt of the reconsideration decision， bring a suit in a people's court. If the reconsideration organ fails to make a reconsideration decision within the time limit， the party may， within 15 days after the expiration of the term for reconsideration， bring a suit in a people's court.

　　If a party neither applies for reconsideration， nor brings a suit in a people's court within the time limit， nor complies with the decision on sanctions， the organ that has made the decision may apply to a people's court for compulsory execution.

　　Article 39 Any individual or unit that causes damage from soil erosion shall bear the responsibility of removing the damage， and shall compensate the units and individuals that have directly suffered the damage.

　　Any dispute over the liability or amount of compensation may， upon the request by a party， be dealt with by the department of water administration； if the party is not satisfied with the decision thus made， it may bring a suit in a people's court. The party may also directly a suit in a people's court.

　　In case of irresistible natural disasters， if damage from soil erosion cannot be avoided despite of taking reasonable measures promptly， the individual or unit concerned shall be exempted from liability.

　　Article 40 In case a person in charge of supervision over water and soil conservation derelicts his or her duty or abuses his or her power and thus brings losses to the public property or the interests of the State and the people， administrative sanctions shall be enforced by the unit to which the offender belongs or by the competent department at a higher level； if the offence constitutes a crime， the offender shall be investigated for criminal responsibility according to law.

　　Chapter VI

　　Supplementary Provisions

　　Article 41 The State Council shall formulate the implementing regulations in accordance with this Law.

　　The standing committees of the people's congresses of the provinces， autonomous regions and municipalities directly under the Central Government may， in accordance with this Law and in the light of the respective actual conditions， formulate measures of implementation.

　　Article 42 This Law shall enter into force as of the date of promulgation. The Regulations on the Work of Water and Soil Conservation promulgated by the State Council on June 30， 1982 shall be annulled simultaneously

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