Legal provisions of the Law of the People's Republic of China on National Defense and Desertification Control

Article 1

This law is formulated to prevent land desertification, control desertified land, maintain ecological security, and promote sustainable economic and social development.

Article 2

This Law must be observed when engaging in land desertification prevention, desertification land management and development and utilization activities within the territory of the People's Republic of China.

Land desertification refers to the process of expansion of natural deserts, destruction of vegetation on sandy soil, and exposure of sand due to climate change and human activities.

The term "land desertification" as used in this Law refers to the process of the expansion of natural deserts and the destruction of vegetation and coverings on sandy soil, resulting in the formation of quicksand and exposed sand, mainly caused by unreasonable human activities.

The term “desertified land” as used in this Law includes land that has been desertified and land with obvious desertification trends. The specific scope is determined by the national desertification prevention and control plan approved by the State Council.

Article 3

The work of desertification prevention and control should follow the following principles:

(1) Unify planning, adapt measures to local conditions, implement step by step, adhere to regional prevention and control and Combining key prevention and control; (2) giving priority to prevention, combining prevention and control, and comprehensive management;

(3) Combining protection and restoration of vegetation with rational use of natural resources;

(4) Follow ecological laws and rely on scientific and technological progress;

(5) Combine improving the ecological environment with helping farmers and herdsmen get rid of poverty and become rich;

(6) Combine national support with local self-reliance, and the government Combining the organization with the participation of all sectors of society, encourage units and individuals to contract for prevention and control;

(7) Protect the legitimate rights and interests of those who prevent and control desertification.

Article 4

The State Council and the local people’s governments at or above the county level in areas where desertified land is located shall incorporate desertification prevention and control into national economic and social development plans, ensure and support desertification prevention and control Carrying out desertification control work.

Local people's governments at all levels in areas where desertified land is located should take effective measures to prevent land desertification, control desertified land, and protect and improve the ecological quality of their respective administrative regions.

In areas where desertified land is located, the state has established a reward and punishment system for the assessment and responsibility of government administrative leaders in desertification prevention and control during their term of office. Local people's governments at or above the county level in areas where desertified land is located shall report to the People's Congress at the same level and its standing committee on the status of desertification prevention and control work.

Article 5

Under the leadership of the State Council, the forestry administrative department of the State Council is responsible for organizing, coordinating, and guiding national desertification prevention and control work.

The State Council’s forestry, agriculture, water conservancy, land, environmental protection and other administrative departments and meteorological authorities, in accordance with the responsibilities stipulated in relevant laws and the division of responsibilities determined by the State Council, each assumes its own responsibilities and cooperates closely to ensure that ** *Work together to prevent and control desertification.

Local people's governments at or above the county level organize and lead relevant departments to carry out their respective responsibilities according to the division of responsibilities and work closely together to effectively prevent and control desertification in their respective administrative regions.

Article 6

Units and individuals using land have the obligation to prevent desertification of the land.

Units and individuals that use desertified land have the obligation to control the desertified land.

Article 7

The state supports scientific research and technology promotion work on desertification prevention and control, gives full play to the role of scientific research departments and institutions in desertification prevention and control work, and cultivates Specialized technical personnel for desertification will be provided to improve the scientific and technological level of desertification prevention and control.

The state supports international cooperation in preventing and controlling desertification.

Article 8

Units and individuals that have made outstanding achievements in desertification prevention and control shall be commended and rewarded by the people's government; those who have made outstanding contributions to the protection and improvement of ecological quality , should be given a heavy reward.

Article 9

People's governments at all levels in areas where desertified land is located shall organize relevant departments to carry out publicity and education on desertification prevention and control knowledge, enhance citizens' awareness of desertification prevention and control, and improve Citizens’ ability to prevent and control desertification. Article 10

Unified planning shall be implemented for desertification prevention and control. Those engaged in desert prevention and control activities, as well as development and utilization activities within the scope of desertified land, must follow the desert prevention and control plan.

The desertification prevention and control plan should clearly stipulate the time limit, steps, measures, etc. to curb the expansion of land desertification and gradually reduce desertified land, and incorporate specific implementation plans into the national economic and social development five-year plan and Annual Plan.

Article 11

The forestry administrative department of the State Council shall, in conjunction with the relevant departments of agriculture, water conservancy, land, environmental protection and other departments of the State Council, prepare a national desertification prevention and control plan and submit it to the State Council for approval before implementation.

The people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall, in accordance with the national desertification prevention and control plan, prepare desertification prevention and control plans for their respective administrative regions, and submit them to the State Council or the relevant departments designated by the State Council for approval before implementation.

The people's governments of cities and counties in areas where desertified land is located shall organize the preparation of desertification prevention and control plans for their respective administrative regions based on the plans of the people's government at the next higher level and report them to the people's government at the next higher level. Implemented after approval.

Modification of the desert prevention and control plan must be approved by the original approval authority; without approval, no unit or individual may change the desert prevention and control plan.

Article 12

The preparation of a desertification prevention and control plan shall be based on the geographical location, land type, vegetation status, climate and water resources conditions, and land desertification degree of the desertified land. and other natural conditions and the ecological and economic functions they play, and carry out classified protection, comprehensive management and rational utilization of desertified land.

Contiguous deserted land that does not meet the conditions for treatment during the planning period and that is not suitable for development and utilization due to the need to protect the ecology should be planned as a closed desertified land protection zone and implemented for closed protection. The scope of the desertified land closed protection zone is determined by the national desertification prevention and control plan and the desertification prevention and control plan of the province, autonomous region, and municipality directly under the Central Government.

Article 13

The desertification prevention and control plan shall be connected with the overall land use plan; the desertified land uses determined in the desertification prevention and control plan shall be consistent with the people's government at the same level land use master plan. Article 14

The forestry administrative department of the State Council organizes other relevant administrative departments to monitor, collect statistics and analyze land desertification conditions across the country, and publish the monitoring results regularly.

The forestry or other relevant administrative departments of the local people's governments at or above the county level shall monitor desertified land in accordance with the technical regulations for land desertification monitoring, and report the monitoring results to the people's government at the same level and the forestry or forestry department at the next higher level. Reports from other relevant administrative departments.

Article 15

If the forestry or other relevant administrative departments of the local people's governments at or above the county level discover that desertification has occurred or the degree of desertification has worsened during the monitoring of land desertification, they shall Report to the people's government at the same level in a timely manner. The people's government that receives the report shall instruct the relevant administrative departments to stop behaviors that lead to land desertification and take effective measures to control it.

Meteorological authorities at all levels should organize monitoring and forecasting of meteorological drought and sandstorm weather. When signs of meteorological drought or sandstorm weather are discovered, they should report to the local people's government in a timely manner. The people's government that receives the report shall take preventive measures, publish disaster forecasts when necessary, and organize forestry, agriculture (animal husbandry) and other relevant departments to take emergency measures to avoid or reduce the hazards of sandstorms.

Article 16

Local people's governments at or above the county level in areas where desertified land is located shall, in accordance with the desert prevention and control plan, set aside a certain proportion of land and build windbreak and sand-fixing forest nets according to local conditions. , forest belt, planted with perennial shrubs and herbs. The forestry administrative department is responsible for determining the standards and specific tasks for the survival rate and preservation rate of afforestation, and organizing the implementation piece by piece, clarifying responsibilities and ensuring completion.

Except for logging for tending and regeneration, logging of windbreak and sand-fixing forest nets and forest belts shall not be approved. Before the windbreak and sand-fixing forest nets and forest belts are cut for tending and regeneration, replacement forest nets and forest belts must be formed in advance near them.

Existing windbreak and sand-fixing forest nets and forest belts in areas where forest regeneration is difficult shall not be approved for logging.

Article 17

It is prohibited to cut and dig shrubs, medicinal materials and other sand-fixing plants on desertified land.

County-level people's governments in areas where desertified land is located should formulate a vegetation management and protection system to strictly protect vegetation, establish vegetation management and protection organizations in townships (towns) and villages as needed, and determine management and protection personnel.

In the scope of desertified land, various land contract contracts should include vegetation protection responsibilities.

Article 18

Local people’s governments at all levels in grassland areas shall strengthen the management and construction of grasslands, and the administrative departments of agriculture (animal husbandry) shall be responsible for guiding and organizing agriculture and animal husbandry. People build artificial pastures, control the livestock capacity, adjust the livestock structure, improve livestock breeds, promote livestock confinement and pasture rotation, eliminate grassland rodents and insect pests, protect grassland vegetation, and prevent grassland degradation and desertification.

Grassland implements a system that determines the amount of livestock carried by the amount of grass produced. The agricultural (animal husbandry) administrative department is responsible for formulating standards and relevant regulations for livestock carrying capacity, and organizing their implementation step by step to clarify responsibilities and ensure completion.

Article 19

The water administrative departments of the local people's governments at or above the county level in areas where desertified land is located shall strengthen the unified allocation and management of water resources in river basins and regions. When planning regional water resources development and utilization and water supply plans, the water needs of the entire basin and regional vegetation protection must be considered to prevent vegetation damage and land desertification caused by excessive development and utilization of groundwater and upstream water resources. After the plans and plans are approved, they must be strictly implemented.

Local people's governments at all levels in areas where desertified land is located should save water and develop water-saving agriculture, animal husbandry and other industries.

Article 20

Local people's governments at or above the county level in areas where desertified land is located shall not approve the reclamation of cultivated land in desert edge areas, woodlands, and grasslands; If affected, the return of farmland to forest and grassland should be organized in a planned manner.

Article 21

Whoever engages in development and construction activities within the scope of desertified land must conduct an environmental impact assessment in advance on the impact that the project may have on the local and related area ecology. Submit an environmental impact report in accordance with the law; the environmental impact report should include content related to desertification prevention and control.

Article 22

Within the scope of the closed desertified land protection zone, all activities that destroy vegetation are prohibited.

It is prohibited to resettle immigrants within the closed desert protected areas.

For farmers and herdsmen within the closed protection zones of desertified land, local people's governments at or above the county level should organize their relocation in a planned manner and properly resettle them. The production and life of the farmers and herdsmen who have not yet moved out of the closed desertified land protection zone shall be properly arranged by the competent department of the closed desertified land protection zone.

Without the consent of the State Council or the department designated by the State Council, construction activities such as railways and highways shall not be carried out within the closed desertified land protection zone. Article 23

Local people's governments at all levels in areas where desertified land is located shall, in accordance with the plan for desertification prevention and control, organize relevant departments, units and individuals to adopt artificial afforestation and grass planting and aircraft seeding for afforestation according to local conditions. Measures such as planting grass, sealing sand to cultivate forests and grass, and rationally allocating ecological water will restore and increase vegetation and treat desertified land.

Article 24

The state encourages units and individuals to donate funds or carry out public welfare desertification control activities in other forms on a voluntary basis.

The forestry or other relevant administrative departments of the local people's governments at or above the county level shall provide treatment locations and free technical guidance for public welfare desertification control activities.

Units and individuals engaged in public welfare desertification control shall conduct treatment in accordance with the technical requirements of the forestry or other relevant administrative departments of the local people's government at or above the county level, and may entrust others to manage the forests and grass they plant. be protected or handed over to the relevant administrative departments of the local people’s government for management and protection.

Article 25

User rights holders of state-owned land that has been desertified and contract management rights holders of farmers’ collective land must take management measures to improve the quality of the land; If you are unable to complete the governance tasks, you can entrust others to govern or cooperate with others to govern. If entrustment or cooperative governance is required, an agreement shall be signed to clarify the rights and obligations of all parties.

Local people's governments at all levels in areas where desertified land is located and their relevant administrative departments and technology promotion units should provide technical guidance for desertification control activities for land use rights holders and contract management rights holders.

Land-use rights holders and contract management rights holders who take measures to return farmland to forests and grasslands, plant trees and grass, or close them to control desertification shall, in accordance with relevant national regulations, enjoy policy preferences provided by the people's government.

Article 26

Units and individuals without land ownership or use rights that engage in for-profit desert control activities must first sign an agreement with the land owner or use right holder. , obtain land use rights in accordance with the law.

Before the start of governance activities, units and individuals engaged in for-profit desert control activities shall report to the forestry administrative department of the local people's government at or above the county level where the governance project is located or other administrative departments designated by the local people's government at or above the county level. The competent department submits a governance application and attaches the following documents:

(1) Legal certification documents and governance agreement for the ownership of the land to be governed;

(2) Compliance with desertification prevention and control Planned governance plan;

(3) Proof of funds required for governance.

Article 27

The governance plan referred to in Item 2 of Article 26, Paragraph 2, of this Law shall include the following contents:

( 1) Boundaries of governance scope;

(2) Phased governance objectives and governance deadlines;

(3) Main governance measures;

(4) Local Water sources and water consumption indicators agreed by the water administrative department;

(5) Land use and vegetation management and protection measures after treatment;

(6) Other matters that need to be stated .

Article 28

Units and individuals engaged in for-profit desert control activities must conduct governance in accordance with the governance plan.

The state protects the legitimate rights and interests of those who manage desertified land. Within the scope of governance where the administrator has obtained legal land ownership, no other unit or individual may engage in governance or development and utilization activities without the consent of the administrator.

Article 29

After completing the governance tasks, the administrator shall submit an acceptance application to the administrative department of the local people's government at or above the county level that accepts governance applications. If the project passes the inspection and acceptance, the administrative department that accepts the management application shall issue a certificate of management qualification; if the project fails to pass the inspection and acceptance, the administrator shall continue the management.

Article 30

A unit management responsibility system shall be implemented on both sides of railways, highways, rivers and canals, and around towns, villages, factories, mines and reservoirs within the scope of desertified land. The local people's government at or above the county level shall issue a management responsibility letter, and the responsible unit shall be responsible for organizing afforestation and grass planting or taking other management measures.

Article 31

The local people's governments at all levels in the areas where desertified land is located may organize local rural collective economic organizations and their members to voluntarily carry out desertification operations on desertified land. Land is managed centrally. The funds and labor invested by rural collective economic organizations and their members can be converted into shares and capital for governance projects, or compensation can be provided in other forms. Article 32

The State Council and the local people's governments at all levels in areas where desertified land is located shall allocate funds in the financial budget at the same level through project budgets in accordance with the desertification prevention and control plan for use as determined by the people's government at the same level. Desertification prevention and control projects. When arranging poverty alleviation, agriculture, water conservancy, roads, minerals, energy, comprehensive agricultural development and other projects, a number of sand prevention and control projects should be established based on specific circumstances.

Article 33

The State Council and the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall formulate preferential policies to encourage and support units and individuals to prevent and control desertification.

Local people's governments at or above the county level shall, in accordance with relevant national regulations and based on the area and difficulty of desertification prevention and control, provide financial subsidies, financial discounts, and taxes and fees to units and individuals engaged in desertification prevention and control activities. Reductions and exemptions and other preferential policies.

Entities and individuals who invest in desertification prevention and control are exempted from various taxes during the investment stage; after obtaining certain profits, relevant taxes can be exempted or reduced.

Article 34

Those who use state-owned land that has been desertified to engage in desertification control activities can enjoy land use for no more than seventy years with the approval of the people's government at or above the county level in accordance with the law. right. The specific term and management measures shall be stipulated by the State Council.

If collective-owned land that has been desertified is used to engage in desertification control activities, the manager shall sign a land contract contract with the land owner. The specific contract period and other rights and obligations of the parties shall be agreed upon in the land contract contract by both parties to the contract in accordance with the law. The people's government at the county level shall issue land use rights certificates to the managers in accordance with the land contract in accordance with the law to protect the land use rights of the managers of collectively owned desertified land.

Article 35

Due to special requirements for ecological protection, if the land after treatment is approved to be designated as a nature reserve or a closed desertified land protection zone, the approval authority shall give the treatment reasonable economic compensation.

Article 36

Based on the needs of desertification prevention and control, the state organizes and establishes key scientific research projects and demonstration and promotion projects for desertification prevention and control, and provides Financial subsidies, tax exemptions and other preferential policies will be provided for scientific research and technology promotion in desert area energy, desert cash crops, water-saving irrigation, preventing grassland degradation, and sandy land dry farming.

Article 37

No unit or individual may withhold or misappropriate funds for desertification prevention and control.

The auditing agencies of the people's governments at or above the county level shall conduct auditing and supervision on the use of funds for desertification prevention and control in accordance with the law. Article 38

Anyone who violates the provisions of Paragraph 1 of Article 22 of this Law and engages in activities that destroy vegetation within the scope of the desertified land closed protection zone shall be punished by the forestry and agricultural authorities of the local people's government at or above the county level ( The animal husbandry administrative departments shall, in accordance with their respective duties, order the cessation of illegal activities; if there are any illegal gains, their illegal gains shall be confiscated; if a crime is constituted, criminal liability shall be pursued in accordance with the law.

Article 39

In violation of the provisions of paragraph 1 of Article 25 of this Law, the holders of state-owned land use rights and farmers’ collective land contract management rights fail to take measures to prevent sandstorms. If desertification control measures cause serious desertification of land, the administrative departments of agriculture (animal husbandry) and forestry of the local people's governments at or above the county level shall, in accordance with their respective responsibilities, order them to be treated within a time limit; if they cause serious desertification of state-owned land, the people's governments at or above the county level may take back State-owned land use rights.

Article 40

If anyone violates the provisions of this Law and conducts for-profit desert control activities, causing aggravation of land desertification, the local people's government at or above the county level shall be responsible for accepting applications for for-profit desert control The administrative department shall order the illegal conduct to cease and may impose a fine of not less than RMB 5,000 but not more than RMB 50,000 per hectare.

Article 41

Violating the provisions of paragraph 1 of Article 28 of this Law, failing to carry out treatment according to the treatment plan, or violating the provisions of Article 29 of this Law If the desert fails to pass the inspection and acceptance and does not continue to treat it as required, the administrative department responsible for accepting applications for for-profit desertification control under the local people's government at or above the county level shall order it to stop the illegal behavior and make corrections within a time limit. It may also impose a three-year penalty equal to more than twice the cost of control. times the fine.

Article 42

Violating the provisions of paragraph 2 of Article 28 of this Law, without the consent of the administrator, engaging in management or development and utilization within the scope of management of others without authorization If any illegal activities occur, the administrative department of the local people's government at or above the county level that is responsible for accepting applications for for-profit desert control shall order the illegal activities to cease; if losses are caused to the managers, the losses shall be compensated.

Article 43

In case of violation of the provisions of this Law and any of the following circumstances, the directly responsible person in charge and other directly responsible persons shall be punished by the unit, supervisory authority or Administrative sanctions shall be imposed by superior administrative departments in accordance with the law:

(1) Violating the provisions of paragraph 1 of Article 15 of this Law, failing to report in a timely manner when desertification occurs on land or the degree of desertification worsens, or failing to report after receiving the report Instructing the relevant administrative departments to take measures;

(2) Violating the provisions of paragraphs 2 and 3 of Article 16 of this Law and approving the felling of windbreak and sand-fixing forest nets and forest belts;

(3) Violating the provisions of Article 20 of this Law, approving the reclamation of cultivated land in desert edge areas, forestlands, and grasslands;

(4) Violating the provisions of Article 22, Paragraph 2 of this Law, Resettling immigrants within the scope of the closed desertified land protection zone;

(5) Violating the provisions of paragraph 3 of Article 22 of this Law and constructing railways and roads within the scope of the closed desertified land protection zone without approval Waiting for construction activities.

Article 44

Whoever violates the provisions of paragraph 1 of Article 37 of this Law by intercepting or misappropriating funds for desertification prevention and control shall be liable to the directly responsible person in charge and other persons Those who are directly responsible shall be subject to administrative sanctions by the supervisory authority or the superior administrative department in accordance with the law; if a crime is constituted, criminal responsibility shall be pursued in accordance with the law.

Article 45

If desertification prevention and control supervisory and management personnel abuse their power, neglect their duties, engage in malpractice for personal gain, and constitute a crime, they shall be held criminally responsible in accordance with the law. Article 46

The relevant laws mentioned in paragraph 2 of Article 5 of this Law refer to the Forest Law of the People’s Republic of China and the Grassland Law of the People’s Republic of China. Law of the People's Republic of China, Soil and Water Conservation Law of the People's Republic of China, Land Management Law of the People's Republic of China, Environmental Protection Law of the People's Republic of China and Environmental Protection Law of the People's Republic of China. Meteorological Law".

Article 47

This law shall come into effect on January 1, 2002.