基本农田保护条例 Regulations on the Protection of Basic Farmland (1998)

dering basic farmland idle or barren by any unit or individual shall be prohibited. Where occupation of basic farmland for a major construction project approved by the State Council fails to be utilized on expiry of one year that can be cultivated and harvested, cultivation on the said plot of basic farmland should be resumed by the collective or individual(s) that previously cultivated it, or cultivation can be organized by the land use unit; where construction has not been started for more than one year, payment of idle fee should be effected in accordance with the provisions of the provinces, autonomous regions and municipalities directly under the Central Government; where the land has not been utilized for two consecutive years, people's governments above the county level shall, subject to the approval of the State Council, withdraw the land use right of the land use unit without compensation; the said plot of land originally owned collectively by peasants should be handed over to the original rural collective economic organization for resumption of cultivation and included in the basic farmland protection zone again.

　　In respect of any unit or individual for contractual management of basic farmland that abandons cultivation and renders the land barren for two consecutive years, the original contract-issuing unit should terminate the contract and withdraw the contracted basic farmland.

　　Article 19 The state advocates and encourages agricultural producers in the application of organic fertilizers, rational application of chemical fertilizers and agricultural chemicals in the basic farmland under their management. Units and individuals using basic farmland for agricultural production should maintain and improve the fertility of land.

　　Article 20 People's governments at the county level should, in the light of the actual conditions of the localities, work out measures for the classification and grading of land fertility of basic farmland and the competent departments of agriculture shall, in conjunction with the competent departments of land administration, organize the implementation t

hereof, carry out classification and grading of land fertility of basic farmland and compile files.

　　Article 21 Rural collective economic organizations or villagers' committees should evaluate the grades of land fertility of basic farmland at regular intervals.

　　Article 22 Competent departments of agriculture administration of local people's governments at all levels above the county level should, step by step, establish long-range fixed-position monitoring networks and points for land fertility and performance in fertilizer application of basic farmland, submit reports on the change of land fertile of basic farmland and put forward corresponding protective measures for land fertility to people's governments at the corresponding level at regular intervals, and provide agricultural producers with guidance and services in fertilizer application.

　　Article 23 Competent departments of people's governments above the county level should, in conjunction with the competent departments of environmental protection administration at the same level, carry out monitoring and evaluation of environmental pollution in basic farmland, and submit reports on the quality of environment and trends to people's governments at the corresponding level at regular intervals.

　　Article 24 Where occupation of basic farmland has been approved by the State Council for the construction of major state construction projects, state provisions for environmental protection relating to construction projects must be adhered to. A proposal for the environmental protection of basic farmland should be included in the report on the environmental impact of the construction project.

　　Article 25 Fertilizers supplied to basic farmland protection zones and urban garbage and sludge used as fertilizer should conform to relevant state standards.

　　Article 26 In the event of occurrence of an accident or other emergencies resulting in or possible of resulting in environmental pollution of basic farmland, the party concerned must immediately take measures to handle the situation, and report to the competent department of environmental protection and the competent department of agriculture administration of the locality and accept investigation and handling.

　　Chapter IV Supervision and Administration

　　Article 27 In localities where there are establishment of basic farmland protection zones, local people's governments above the county level should conclude instruments of responsibility for the protection of basic farmland with the people's government at the next lower level; village(township) people's governments should, in accordance with the requirements of the instruments of responsibility for the protection of basic farmland signed with people's governments at the county level, conclude instruments of responsibility for the protection of basic farmland with rural collective economic organizations or villagers' committees.

　　Instruments of responsibility for the protection of basic farmland should contain the following contents:

　　(1)scope, area and number of plots of basic farmland;

　　(2)land fertility grades of basic farmland;

　　(3)protective measures;

　　(4)rights and obligations of the parties interested; and

　　(5)rewards and penalties.

　　Article 28 Local people's governments above the county level should establish the system of supervision and inspection of protection of basic farmland, organize at regular intervals the competent departments of land administration, the competent departments of agriculture administration as well as other departments concerned in conducting inspection of protection of basic farmland and submit a report in writing on the inspection to people's government at the next higher level. Units or individuals under inspection should truthfully provide relevant information and materials and must not refuse to do so.

　　Artic

le 29 Competent departments of land administration and competent departments of agriculture administration of local people's governments above the county level have the power to order a rectification with respect to occurrences of acts of destroying basic farmland within their respective administrative areas.

　　Chapter V Legal Liability

　　Article 30 Whoever commits any of the following acts in violation of the provisions of these Regulations shall be imposed heavy penalties in pursuance of the relevant provisions of the Land Administration Law of the People's Republic of China and Regulations for the Implementation of the Land Administration Law of the People's Republic of China:

　　(1)illegal occupation of basic farmland without approval or winning of approval by deceitful means;

　　(2)illegal occupation of basic farmland exceeding the approved quantum;

　　(3)illegal approval for the occupation of basic farmland; and

　　(4)buying, selling or illegal transfer of basic farmland in other forms.

　　Article 31 Whoever is obliged to delimit the cultivated land in the basic farmland protection zone but fails to do so in violation of the provisions of these Regulations shall be ordered by the people's government at the next higher level to make a rectification within a given time period; where there is refusal to make a rectification, administrative sanctions or disciplinary sanctions shall be imposed on the person-in-charge held directly responsible and other personnel directly responsible according to law.

　　Article 32 Whoever destroys or alters basic farmland protection zone markers without authorization in violation of the provisions of these Regulations shall be ordered by the competent department of land administration or the competent department of agriculture administration of local people's government above the county level to restore the original state and may be imposed a fine of less than RMB 1000 Yuan.

　　Article 33 Whoever engages in kiln building, house construction, tomb building, sand digging, quarrying, mining, earth gathering, piling up of solid wastes or other activities that destroy basic farmland and damage cultivation conditions in violation of the provisions of these Regulations shall be ordered by the competent department of land administration of people's government above the county level to make a rectification or effect treatment, restore the original cultivation conditions and be imposed a fine of more than 100% less than 200% of the amount of cultivated land reclamation fee for the occupation of basic farmland; where a crime has been constituted, criminal liability shall be investigated according to law.

　　Article 34 Whoever converts and embezzles the cultivated land reclamation fee for basic farmland that constitutes a crime shall be investigated of the criminal liability according to law; where a crime has not been constituted, administrative sanctions or disciplinary sanctions shall be imposed according to law.

　　Chapter VI Supplementary Provisions

　　Article 35 People's governments of the provinces, autonomous regions and municipalities directly under the Central Government may, in the light of actual local conditions, delimit other land for agricultural production as protection zones. Reference to these Regulations may be made in effecting protection and administration of other land for agricultural production in the protection zones.

　　Article 36 These Regulations come into force as of January 1, 1999. The Regulations on the Protection of Basic Farmland promulgated by the State Council on August 18, 1994 is simultaneously superseded

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