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

seriously desertified. the people's government at or above the county level may take back the right to the use of the State-owned land.

　　Article 40 Anyone who, in violation of the provisions of this Law, engages in prevention and control of desertification for making profits, thus aggravating land desertification, the administrative department of the local people's government at or above the county level which is responsible for accepting applications for profit-making prevention and control of desertification shall order him to desist from the unlawful act and may also impose on him a fine not less than RMB 5,00 yuan but not more than 50,00 yuan per hectare.

　　Article 41 Any unit or individual that, in violation of the provisions in the first paragraph of Article 28 of this Law, fails to rehabilitate desertified land in conformity with the rehabilitation proposals or that, being unqualified by inspection and in violation of the provisions in Article 29 of this Law, go on with the rehabilitation at variance with the requirements, shall be ordered by the administrative department of the local people's government at or above the county level which is responsible for accepting applications for profit-making prevention and control of desertification to desist from the unlawful act and to make rectification within a time limit, and may also be imposed a fine not less than the amount of the rehabilitation cost but not more than three time the amount.

　　Article 42 Anyone who, in violation of the provisions in the second paragraph of Article 28 of this Law and without permission of the unit or individual concerned, carries out rehabilitation or exploitation in the area the said unit or individual is rehabilitating shall be ordered by the administrative department of the local people's government at or above county level which is responsible for accepting applications for profit-making prevention and control of desertification to desist from the unlawful act and, where losses are caused to the unit or individual, compensate the losses.

　　Article 43 Where any of the following acts is committed in violation of the provisions of this Law, the persons chiefly in charge and the other persons directly responsible shall, in accordance with law, be given administrative sanctions by the unit they belong to, the supervisory authority or the administrative department at a higher level：

　　（1）in viola

tion of the provisions in the first paragraph of Article 15 of this Law, failing to report promptly when discovering that land is being desertified or desertification becomes aggravated or, after receiving the report, failing to order the administrative department concerned to take measures;

　　（2）in violation of the provisions in the second and third paragraph of Article 16 of this Law, giving approval to felling of trees in the windbreaking and sand-fixing forest networks or shelterbelts;

　　（3）in violation of the provisions in Article 20 of this Law, giving approval to land reclamation along the periphery of deserts, or on forest land or grassland;

　　（4）in violation of the provisions in the second paragraph of Article 22 of this Law, relocating immigrants in enclosed and forbidden reserves of desertified land; or

　　（5）in violation of the provisions in the third paragraph of Article 22 of this Law and without approval, constructing railways, highways, etc. in the enclosed and forbidden reserves of desertified land.

　　Article 44 Where, in violation of the provisions in the first paragraph of Article 37 of this Law, funds earmarked for prevention and control of desertification are withheld or misappropriated, the persons chiefly in charge and the other persons directly responsible shall, in accordance with law, be given administrative sanctions by the supervisory authority or the administrative department at a higher level. If a crime is constituted, criminal responsibility shall be investigated pursuant to law.

　　Article 45 Where a person in charge of supervision over prevention and control of desertification abuses his power, neglects his duty or engages in malpractice for personal gain, which constitutes a crime, he shall be investigated for criminal responsibility pursuant to law.

　　Chapter VII

　　Supplementary Provisions

　　Article 46 The relevant law mentioned in the second paragraph of Article 5 of this Law refer to the Forest Law of the People's Republic of China, Grassland Law of the People's Republic of China, Water and Soil Conservation Law of the People's Republic of China, Land Administration Law of the People's Republic of China, Environment Protection Law of the People's Republic of China, and Meteorology Law of People's republic of China.

　　Article 47 This Law shall go into effect as of January 1,2002

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