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中华人民共和国防沙治沙法 Law of the Peoples Republic of China on Prevention and Control of Desertification

2009-03-24 法律英语 来源:互联网 作者:
period or that are not suitable for exploitation because of the need of ecological protection, shall be made enclosed and forbidden reserves of desertified land for protective purposes. The boundary of such reserves shall be defined in the national plans for prevention and control of desertification and in such plans of provinces, autonomous regions and municipalities directly under the Central Government.

  Article 13 The plans for prevention and control of desertification shall be dovetailed with the overall plan for land use; the use of desertified land defined in the plans for prevention and control of desertification shall conform with the overall plan for land use of the people's government at the corresponding level.

  Chapter III

  Prevention of land Desertification

  Article 14 The forestry administration department under the State Council shall organize other relevant administrative departments to monitor, prepare statistics and make analysis of land desertification throughout the county, and release the monitoring results periodically.

  The forestry or other relevant administrative departments of the people's governments at or above the county level shall, in conformity with the technical rules for monitoring land desertification, monitor desertified land and report the monitoring results to the people's government at the corresponding level and the forestry or other relevant administrative departments at the next higher level.

  Article 15 When in the course of monitoring, the forestry or other relevant administrative department of the people's governments at or above the county level discovers that a stretch of land is being desertified or desertification becomes aggravated, it report to the people's government at the corresponding level without delay. The people's government that receives such report shall instruct the administrative departments concerned to put a stop to the activities resulting in land desertification and take effective measures for rehabilitation.

  The meteorological institutions at various levels shall enlist efforts to monitor and forecast drought and sand

storm and shall, upon detecting the foretokens of drought or sandstorm, immediately report to local people's government. The people's government that receives such report shall take preventive measures, make disaster forecast whenever necessary, and make arrangements for the departments of forestry, agriculture(animal husbandry)and other relevant departments to take emergency measures to avoid or mitigate the damages inflicted by wind and sand.

  Article 16 The people's government at or above the county level located in desertified regions shall, in accordance with their plans for prevention and control of desertification, set aside a certain proportion of land for establishing windbreaking and sand-fixing forest networks or shelterbelts or planting perennial shrubs and herbaceous vegetation in light of local conditions. The forestry administration department shall be responsible for determining the survival and conservation rates, assigning specific tasks, making arrangements for implementation on a stretch-by-stretch basis, and defining responsibilities to ensure fulfillment of the tasks.

  No approval shall be granted to the felling of windbreaking and sand-fixing forest networks and shelterbelts, with the exception of felling for purposes of tending and regeneration. Substituting forest networks and shelterbelts shall be formed near the windbreaking and sand-fixing forest networks and shelterbelts before felling is conducted there for purposes of tending and regeneration.

  No approval shall be granted to the felling of the existing windbreaking and sand-fixing forest networks and shelterbelts in regions where forest regeneration is difficult.

  Article 17 Cutting or digging shrubs, medicinal herbs and other sand-fixing plants in desertified land is prohibited.

  The people's government at the county level located in a desertified region shall establish a vegetation protection and control system for strict protection of vegetation, set up vegetation protection and control organizations in townships(towns)and villages wherever necessary and designate people to conduct protection and control.

  In areas of desertified land, contracts concerning all categories of land shall include responsibilities for vegetation protection.

  Article 18 The people's government at various levels located in grassland areas shall tighten control and redouble their effort in developing the grasslands. The agriculture(animal husbandry)administration department shall be responsible for providing guidance and getting the farmers and herdsmen organized to build artificial pastures, control the livestock-carrying capacity, readjust the mix of livestock, improve the breed of livestock promote stall feeding and rotational grazing, and wipe out rodent and insect pests on the grasslands, so as to protect grassland vegetation and prevent degradation and desertification of grasslands.

  The system of determining livestock-carrying capacity according to grass production shall be applied . The agriculture(animal husbandry)administration department shall be responsible for determining the rate of livestock-carrying capacity and formulating related regulations, making arrangements for their implementation level-by-level and defining responsibilities to ensure accomplishment.

  Article 19 The administrative department for water resources of the people's government at or above the county level located in desertified regions shall improve unified allocation and control of the water resources in river basins and regions; when formulating plans for the exploitation of water resources in river basins and regions and for water supply, it shall take into account the water demend for vegetation protection in the whole river basin and region, so as to prevent damage to vegetation and land desertification resulting from excessive exploitation of underground water and water resources at the upper reac

hes of a river. Once approved, the plans shall strictly be implemented.

  The people's government at various levels located in desertified regions shall economize on the use of water, develop water-efficient agriculture, animal husbandry and other industries.

  Article 20 No people's government at or above the county level located in desertified regions may grant approval to land reclamation along the periphery of deserts or on forest land and grassland. Where land has been reclaimed with adverse impacts on the ecosystems, plans shall be made for conversion of the reclaimed into forests or grasslands.

  Article 21 Where exploitation and construction activities are to be carried out in desertified land, the potential environmental impact made by the project on the ecology of the locality and related regions shall be assessed in advance and a report on the environmental impact shall be submitted according to law, which should include efforts to be made for prevention and control of desertification.

  Article 22 In the enclosed and forbidden reserves of desertified land, all the activities damaging the vegetation are prohibited.

  Relocation of immigrants in enclosed and forbidden reserves of desertified land is prohibited. The local people's government at or above the county level shall make plans to help the farmers and herdsmen living in the enclosed and forbidden reserves of desertified land move out of the areas and settle down appropriately. With regard to production and everyday life of the farmers and herdsmen still living in the enclosed and forbidden reserves of desertified land, the authority there shall make proper arrangements for them.

  Without approval of the State Council or the authority designated by the State Council, no railways, highways, etc. may be constructed in enclosed and forbidden reserves of desertified land.

  Chapter IV

  Rehabilitation of Desertified Land

  Article 23 The people's government at all levels located in desertified regions shall, in accordance with plans for prevention and control of desertification, make arrangements for the relevant departments, units and individuals to take measures, in light of local conditions, to plant trees and grass artificially, sow seeds by plane, enclose sandy land to facilitate the growth of trees and grass, and properly allocate water for ecological purposes-shall in order to restore or increase vegetation and rehabilitate desertified land.

  Article 24 The State encourages units and individuals, on a voluntary basis, to donate or, by other means, to take part in public welfare activities, for rehabilitating desertified land.

  The forestry administration departments or other relevant administrative departments of the local people's government at or above the county level shall allocate stretches of desertified land to and provide free technical guidance for units and individuals that undertake to rehabilitate such land for public welfare.

  The units and individuals that engage in rehabilitation of desertified land for public welfare shall do so in compliance with the technical requirements set by the forestry administration departments or other relevant administrative departments of the local people's government at or above the county level. They may entrust the trees and grass they have planted to other persons or the relevant administrative departments of the local people's government for protection and control.

  Article 25 Persons who enjoy the right to the use of desertified State-owned land or contractors who have the right to the management of la

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