中华人民共和国土地管理法（第二次修正） Land Administration Law of the Peoples Republic of China

of compensation for the occupation and use of land. For the occupation and use of cultivated land for non-agricultural construction with approval, the unit that occupies and uses cultivated land shall be responsible for the reclamation of cultivated land equivalent to the quantity and quality of cultivated

land occupied and used in accordance with the principle of "quantity of reclaimed land being equivalent to that occupied"; where there are no conditions for reclamation or the reclaimed land does not conform to requirements, cultivated land reclamation fee should be paid as prescribed by the provinces, autonomous regions and municipalities directly under the Central Government, the special-purpose fund shall be used for the reclamation of new cultivated land.

　　People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should work out cultivated land reclamation plan, supervise units that occupy and use cultivated land in the reclamation of cultivated land in accordance with the plan or in the organization of reclamation of cultivated land in accordance with the plan and carry out acceptance checks.

　　Article 32 Local people's governments at and above the county level may demand the units that occupy and use cultivated land to use the soil of the cultivated layer of cultivated land for soil improvement of newly reclaimed cultivated land, inferior quality land or other cultivated land.

　　Article 33 People's governments of the provinces, autonomous regions and municipalities directly under the Central Government should strictly implement the overall planning for land utilization and annual land use plan and take measures to ensure that there is no decrease in the quantum of cultivated land within their respective administrative areas; where there is decrease in the quantum of cultivated land, the locality shall be ordered by the State Council to organize reclamation of cultivated land the quantity and quality of which is equivalent to those reduced within the specified time period, and the competent department of land administration under the State Council shall in conjunction with the competent department of agriculture administration conduct acceptance checks. Individual province or municipality directly under the Central Government whose quantum of newly reclaimed cultivated land is not adequate to compensate the quantum of cultivated land occupied and used after land used for newly added construction for paucity of reserve land resources, a report must be submitted to the State Council for approval for the reduction and exemption of the quantity of reclamation of cultivated land within the respective administrative area and reclamation be carried out in another place.

　　Article 34 The state practises the system of protection for basic farmland. The following cultivated land shall be included in the basic farmland protection zones in accordance with the overall planning for land utilization and strict administration exercised:

　　(1)cultivated land within production bases for food grains, cotton and oils determined upon approval by the competent departments concerned under the State Council or local people's governments at and above the county level;

　　(2)cultivated land with good water conservancy and water and soil conservation works, medium and low yield farmland the transformation plan of which is being carried out as well as those that may be transformed;

　　(3)production bases for vegetables;

　　(4)experimental plots for agricultural scientific research and teaching; and

　　(5)other cultivated land that should be included in basic farmland protection zones as prescribed by the State Council.

　　The basic farmland delimited by the provinces, autonomous regions and municipalities directly under the Central Government should account for over eighty percent of the cultivated land within the respective administrative areas.

　　A basic farmland protection zone shall be delimited and demarcated with a village(township) as a unit, the delimitation of a zone and demarcation of the boundary shall be organized and carried out by the competent department of people's government at the county leve

l in conjunction with the competent department of agriculture administration at the same level.

　　Article 35 People's governments at all levels should take measures to maintain irrigation and drainage works, improve soil and soil fertility, prevent land desertification, salinization, water and soil erosion and land pollution.

　　Article 36 Economy in land use must be practised for non-agricultural construction, no cultivated land shall be occupied and used where barren land can be used; no good land shall be occupied and used where inferior land can be used.

　　Occupation and use of cultivated land for setting up kilns, building tombs or building of houses, sand digging, quarrying, mining and earth gathering on cultivated land without authorization shall be prohibited.

　　Occupation and use of basic farmland for the development of forestry and fruit industry and digging of ponds for fish breeding shall be prohibited.

　　Article 37 All units and individuals shall be prohibited to let cultivated land lie idle or make it barren.

　　The cultivated land occupied and used for non-agricultural construction the formalities of examination and approval of which have been completed which has been left unused within a year but may be cultivated and harvested should be recultivated by the collective or individuals that previously cultivated the said plot of cultivated land, and cultivation may be organized by the land use unit; where construction has not been started for over a year, idle fee should be paid in accordance with the provisions of the provinces, autonomous regions and municipalities directly under the Central Government; where the land has not been used for two consecutive years, the people's government at the county level shall, subject to the approval of the original approval organ, withdraw the land use right of the land use unit without compensation; the said plot of land previously collectively owned by peasants should be handed back to the original rural collective economic organization for resumption of cultivation.

　　Idle land the land use right of which has been obtained in the form of transfer for real estate development within the range of an urban planning zone shall be handled in pursuance of the relevant provisions of the <

　　For a unit or an individual contracting the management of cultivated land that let the land uncultivated and lie barren, the original contract issuing unit should terminate the contract and withdraw the cultivated land contracted.

　　Article 38 The state encourages units and individuals in the development of unexploited land in accordance with the overall planning for land utilization and under the prerequisite of protection and improvement of the ecological environment, prevention of water and soil erosion and land desertification; the land suitable to be developed into agricultural land should be developed into agricultural land on a priority basis.

　　The state protects the legitimate rights and interests of developers in accordance with law.

　　Article 39 Reclamation of unexploited land must undergo scientific authentication and evaluation and it must be carried out within the reclaimable areas delimited in the overall planning for land utilization upon approval in accordance with law. Reclamation of cultivated land through destruction of forests and prairie shall be prohibited, reclaiming farmland from lakes and infringement on shoals of rivers shall be prohibited.

　　The land reclaimed and land reclaimed from lakes with the destruction of the ecological environment shall, in accordance with the overall planning for land utilization, be returned to forests, grazing and lakes in a planned way and step by step.

　　Article 40 Development of state-owned barren hills, barren land and barren shoals the right to use of which is undetermined for cultivation, forestry, animal husbandry and fishery pr

oduction may, subject to approval by people's government at or above the county level, be determined and given to development units or individuals for long-term use.

　　Article 41 The state encourages land arrangement. County, village(township) people's governments should organize rural collective economic organizations in integrated treatment of farmland, water, roads, woods and villages in accordance with the overall planning for land utilization to improve the quality of cultivated land, increase the area of effective cultivated land and improve conditions for agricultural production and the ecological environment.

　　Local people's governments at all levels should take measures to transform the medium and low yield plots, treat idle and scattered plots and abandoned plots.

　　Article 42 For destruction of land caused by damage due to digging, caving in and pressurized occupation, the land use unit and individual should, in accordance with relevant state provisions, be responsible for the reclamation; where there are no conditions for reclamation or reclamation does not conform to requirements, land reclamation fee should be paid to be used specifically for land reclamation. The reclaimed land should be used for agriculture on a priority basis.

　　Chapter V Land for Construction

　　Article 43 Any unit or individual that needs to use land for construction must apply for the use of state-owned land in accordance with law; however, use of land collectively owned by peasants by the res

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