Measures for the Implementation of the Regulations on Land Reclamation in Shaanxi Province

Article 1 In order to implement the Regulations on Land Reclamation in the State Council (hereinafter referred to as the Regulations), these Measures are formulated in light of the actual situation of this province. Article 2 These Measures shall apply to land reclamation and related management activities within the administrative area of this province. Article 3 Land destroyed by production and construction activities shall be reclaimed by production and construction units or individuals (hereinafter referred to as land reclamation obligors) in accordance with the principle of "whoever destroys it shall reclaim it". Fourth people's governments at or above the county level shall strengthen the organization and leadership of land reclamation, and be responsible for organizing the reclamation of damaged land left over from history, natural disasters, village reconstruction caused by natural disasters, and land abandoned by immigrants. Article 5 The competent departments of land and resources of the people's governments at or above the county level shall be responsible for the supervision and management of land reclamation within their respective administrative areas. Specific responsibilities are:

(a) the preparation of land reclamation special planning;

(two) to investigate and register the number, type, distribution and ownership relationship of damaged land within their respective administrative areas, and to establish a land reclamation account;

(three) to review the land reclamation plan of production and construction projects;

(four) in conjunction with the relevant departments to check the land reclamation situation, acceptance of land reclamation projects;

(five) to supervise the use of land reclamation funds;

(six) to confirm the ownership of the reclaimed land;

(seven) the establishment of land reclamation monitoring system;

(eight) other duties of land reclamation as prescribed by laws and regulations.

The departments of development and reform, finance, environmental protection, housing and urban and rural construction, transportation, water conservancy, agriculture and forestry of the people's governments at or above the county level shall do a good job in land reclamation in accordance with the provisions of these Measures and their respective responsibilities. Article 6 The competent department of land and resources of the provincial people's government shall establish a land reclamation information management system to collect, summarize and publish land reclamation information. Article 7 The competent department of land and resources of the people's government at or above the county level shall establish a land reclamation monitoring system, clarify the duties of the land reclamation obligor and the monitoring duties and procedures of the competent department, and timely grasp the land damage and land reclamation effect. Eighth preparation of land reclamation plan, implementation of land reclamation projects, land reclamation acceptance and other activities, should comply with national standards or industry standards. Article 9 The land reclamation plan prepared by the land reclamation obligor shall conform to the land reclamation standards, the Provisions on the Preparation of Land Reclamation Plan and the relevant provisions of this province. Article 10 When handling the application procedures for construction land or mining right according to law, the land reclamation obligor shall submit the land reclamation plan for production and construction projects to the competent department of land and resources of the people's government at or above the county level.

Before the implementation of the "Regulations", the procedures for construction land have been completed or the mining license has been obtained, and after the implementation of the "Regulations", the land reclamation obligor shall complete the supplementary preparation of the land reclamation plan within one year from the date of implementation of these measures, and report it to the relevant competent departments of land and resources for examination. Article 11 The land reclamation plan prepared by the land reclamation obligor and the land reclamation project design book prepared by the project unit shall fully solicit public opinions, especially the opinions of the land owners and users, and shall be accompanied by an explanation of whether the solicited public opinions have been adopted and submitted to the competent department of land and resources for review. Without public opinion, the competent department of land and resources will not accept it. Article 12 The competent department of land and resources of the people's government at or above the county level shall organize experts to demonstrate after receiving the land reclamation plan. Has been accepted, it shall complete the review within 20 working days from the date of acceptance, and issue a review opinion on the land reclamation plan. Thirteenth land reclamation obligors shall, in accordance with the provisions of the Regulations and these Measures, carry out land reclamation work. According to the approved land reclamation plan, carry out project planning and design, implement land reclamation costs, refine construction progress and organize project implementation. Article 14 Where a land reclamation obligor submits the land damage, the use of land reclamation fees and the implementation of land reclamation projects in the current year in accordance with the first paragraph of Article 17 of the Regulations, it shall report to the competent department of land and resources of the people's government at the county level where the project is located. The project that belongs to the land reclamation plan reviewed by the superior land and resources department shall be verified and reported by the land and resources department of the people's government at the county level where the project is located. Fifteenth departments of land and resources of the people's governments at or above the county level shall supervise the land reclamation projects according to the following conditions:

(a) the cost of land reclamation is included in the production cost or the total investment of construction projects;

(two) the annual fund arrangement and use of land reclamation;

(3) Management, supervision and monitoring of land reclamation projects;

(four) the progress and quality of land reclamation projects;

(5) Management and protection of land reclamation projects;

(6) Other circumstances stipulated by laws and regulations. Article 16 The competent departments of land and resources of the people's governments at or above the county level shall, according to the following circumstances, investigate and evaluate the land damaged by historical problems and natural disasters:

(a) within the administrative area of a county (city, district), the competent department of land and resources at the county level shall be responsible for it;

(two) across the county (city, district) administrative region by the municipal department of land and resources;

(three) the provincial land and resources department is responsible for the administrative area of the city across districts.

The competent department of land and resources of the people's government at or above the county level shall make an annual summary of the investigation and evaluation of the land damaged by historical problems and natural disasters, and report to the people's government at the same level and the higher authorities.