Water and Soil Conservation Law of the People's Republic of China

(Adopted at the 20th meeting of the Standing Committee of the Seventh National People's Congress on June 29, 1991 and December 2010 Revised at the 18th meeting of the Standing Committee of the 11th National People's Congress on the 25th)

Contents

Chapter 1 General Provisions

Chapter 2 Planning< /p>

Chapter 3 Prevention

Chapter 4 Governance

Chapter 5 Monitoring and Supervision

Chapter 6 Legal Responsibilities

Chapter 7 Supplementary Provisions

Chapter 1 General Provisions

Article 1 In order to prevent and control water and soil erosion, protect and rationally utilize water and soil resources, and reduce flood, drought, and wind and sand disasters, This law is formulated to improve the ecological environment and ensure sustainable economic and social development.

Article 2: This Law shall be observed when engaging in water and soil conservation activities within the territory of the People’s Republic of China.

The term "water and soil conservation" as used in this Law refers to the prevention and control measures taken against water and soil erosion caused by natural factors and human activities.

Article 3: Soil and water conservation work follows the principles of giving priority to prevention, giving priority to protection, comprehensive planning, comprehensive management, adapting measures to local conditions, highlighting key points, scientific management, and focusing on efficiency.

Article 4 People’s governments at or above the county level shall strengthen unified leadership over soil and water conservation work, incorporate water and soil conservation work into national economic and social development plans at the same level, and allocate special funds for the tasks determined by the water and soil conservation plan , and organize its implementation.

The state implements a water and soil conservation target responsibility system and an assessment and reward and punishment system for local people's governments at all levels in key water and soil erosion prevention areas and key control areas.

Article 5: The water administrative department of the State Council is in charge of soil and water conservation nationwide.

The watershed management agencies established by the water administrative department of the State Council in the important rivers and lakes determined by the state (hereinafter referred to as the watershed management agencies) shall assume the supervision and management responsibilities of water and soil conservation within the scope of their jurisdiction in accordance with the law.

The water administrative departments of local people's governments at or above the county level are responsible for the soil and water conservation work in their respective administrative regions.

The forestry, agriculture, land and resources and other relevant departments of the people's governments at or above the county level shall, in accordance with their respective responsibilities, do a good job in preventing and controlling water and soil erosion.

Article 6: People's governments at all levels and their relevant departments shall strengthen publicity and education on soil and water conservation, popularize scientific knowledge on soil and water conservation, and enhance the public's awareness of soil and water conservation.

Article 7: The state encourages and supports scientific and technological research on soil and water conservation, improves the scientific and technological level of soil and water conservation, promotes advanced soil and water conservation technologies, and cultivates scientific and technical talents for soil and water conservation.

Article 8: All units and individuals have the obligation to protect water and soil resources, prevent and control water and soil erosion, and have the right to report behaviors that damage water and soil resources and cause water and soil erosion.

Article 9: The state encourages and supports social forces to participate in soil and water conservation work.

Units and individuals that have made outstanding achievements in soil and water conservation will be commended and rewarded by the people's governments at or above the county level.

Chapter 2 Planning

Article 10 Soil and water conservation planning shall be based on the survey results of water and soil erosion and the delineation of key soil and water loss prevention areas and key control areas, and follow the overall coordination, Compilation of principles for classification guidance.

Article 11: The water administrative department of the State Council shall regularly organize national water and soil erosion surveys and announce the survey results.

The water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government are responsible for the investigation of water and soil erosion in their respective administrative areas and announce the results of the investigations. Before the announcement, the water administrative departments of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government shall report the investigation results to the water administrative department of the State Council for record.

Article 12 The people's governments at or above the county level shall delimit and announce key water and soil erosion prevention areas and key control areas based on the results of water and soil erosion surveys.

Areas with greater potential risks of water and soil erosion should be designated as key soil and water loss prevention areas; areas with serious water and soil erosion should be designated as key soil and water loss control areas.

Article 13: The content of soil and water conservation planning shall include the status of water and soil loss, the division of water and soil loss types, and the objectives, tasks and measures for the prevention and control of water and soil loss, etc.

Water and soil conservation planning includes overall arrangements for the prevention and control of water and soil erosion, protection and rational utilization of water and soil resources in a river basin or region, as well as arrangements for special work on water and soil conservation or prevention and control of water and soil erosion in specific areas based on the overall arrangement. special deployment.

Soil and water conservation planning should be coordinated with overall land use planning, water resources planning, urban and rural planning and environmental protection planning.

When preparing soil and water conservation plans, opinions from experts and the public should be solicited.

Article 14 The water administrative department of the people's government at or above the county level shall, together with the relevant departments of the people's government at the same level, prepare a water and soil conservation plan and submit it to the people's government at the same level or its authorized department for approval. Organization and implementation.

Once approved, the soil and water conservation plan shall be strictly implemented; if the approved plan needs to be modified based on actual conditions, it shall be reported to the original approving authority for approval in accordance with the planning preparation procedures.

Article 15: If plans related to infrastructure construction, mineral resource development, urban construction, public service facility construction, etc. may cause water and soil loss during the implementation process, the organization and preparation agency of the plan shall Countermeasures and measures for the prevention and control of water and soil erosion should be proposed in the plan, and the opinions of the water administrative department of the people's government at the same level should be sought before the plan is submitted for approval.

Chapter 3 Prevention

Article 16 Local people's governments at all levels shall, in accordance with water and soil conservation plans, adopt measures such as enclosure protection and natural restoration, and organize units and individuals to plant trees and grass. , expand forest and grass coverage, conserve water sources, and prevent and reduce soil erosion.

Article 17: Local people's governments at all levels shall strengthen the management of soil borrowing, sand excavation, quarrying and other activities to prevent and reduce soil erosion.

It is prohibited to engage in soil extraction, sand excavation, quarrying and other activities that may cause soil erosion in areas prone to collapse and landslides and areas prone to debris flows. The scope of landslide and landslide dangerous areas and debris flow-prone areas shall be delineated and announced by local people's governments at or above the county level. The delineation of dangerous areas for collapses and landslides and areas prone to debris flows should be connected with the areas prone to geological disasters and key prevention and control areas determined in the geological disaster prevention and control plan.

Article 18: In areas with serious water and soil erosion and fragile ecology, production and construction activities that may cause water and soil erosion should be restricted or prohibited, and plants, sand shells, crusts, lichens, etc. should be strictly protected.

On the slopes and banks of erosion ditches, on both sides of rivers, and around lakes and reservoirs, land owners, use rights holders or relevant management units should create plant protection belts. Reclamation and development of plant protection zones are prohibited.

Article 19 The owner or user of soil and water conservation facilities shall strengthen the management and maintenance of soil and water conservation facilities, implement management and protection responsibilities, and ensure the normal performance of their functions.

Article 20 It is prohibited to cultivate and plant crops on steep slopes above 25 degrees. When planting economic forests on steep slopes above 25 degrees, tree species should be selected scientifically, the scale should be reasonably determined, and water and soil conservation measures should be taken to prevent water and soil erosion.

Provinces, autonomous regions, and municipalities directly under the Central Government may stipulate a prohibited reclamation slope of less than 25 degrees based on the actual conditions of their respective administrative regions. The scope of steep slope land where reclamation is prohibited shall be delineated and announced by the local people's government at the county level.

Article 21 It is prohibited to destroy forests, destroy grass for reclamation and collect Nostoc. It is prohibited to shovel turf, dig tree pockets, or dig cordyceps, licorice, ephedra, etc. indiscriminately in key soil erosion prevention areas and key treatment areas.

Article 22: Forest logging should be carried out in a reasonable manner, and clear-cutting should be strictly controlled; only logging for tending and regeneration of shelter forests such as water conservation forests, soil and water conservation forests, windbreaks and sand-fixing forests can be carried out; logging in logging areas Measures should be taken to prevent water and soil erosion in and skidding roads, and reforestation should be carried out in a timely manner after felling.

When logging trees in forest areas, water and soil conservation measures should be included in the logging plan. After the logging plan is approved by the forestry department, it will be supervised and implemented by the forestry department and the water administration department.

Article 23: Water and soil conservation measures must be taken when planting trees, tending young forests, planting Chinese medicinal materials, etc. on slopes with a degree of more than five degrees.

When reclaiming and planting crops on barren slopes below the prohibited reclamation slope and above five degrees, water and soil conservation measures must be taken. Specific measures shall be formulated by provinces, autonomous regions, and municipalities directly under the Central Government based on the actual conditions of their respective administrative regions.

Article 24 The site and route selection of production and construction projects shall avoid key soil and water loss prevention areas and key treatment areas; if avoidance is impossible, prevention and control standards shall be raised, construction techniques shall be optimized, and surface disturbance and vegetation shall be reduced. scope of damage and effectively control possible soil erosion.

Article 25 When launching production and construction projects that may cause water and soil erosion in mountainous areas, hilly areas, sandy areas and other areas that are prone to water and soil erosion as determined by the water and soil conservation plan, the production and construction unit shall prepare a water and soil conservation plan. The plan shall be submitted to the water administrative department of the people's government at or above the county level for review and approval, and measures to prevent and control water and soil erosion shall be adopted in accordance with the approved water and soil conservation plan. If you are unable to prepare a soil and water conservation plan, you should entrust an institution with corresponding technical conditions to prepare it.

The soil and water conservation plan should include the scope, objectives, measures and investments for soil and water loss prevention and control.

After the soil and water conservation plan is approved, if the location and scale of the production and construction project undergo major changes, the water and soil conservation plan must be supplemented or modified and submitted to the original approval authority for approval. During the implementation of the water and soil conservation plan, if major changes in soil and water conservation measures need to be made, they must be approved by the original approval authority.

The preparation and approval methods for soil and water conservation plans for production and construction projects shall be formulated by the water administrative department of the State Council.

Article 26 For production and construction projects that are required to prepare a water and soil conservation plan according to law, if the production and construction unit fails to prepare a water and soil conservation plan or the water and soil conservation plan has not been approved by the water administrative department, the production and construction project shall not start construction. .

Article 27 The water and soil conservation facilities in production and construction projects that are required to prepare water and soil conservation plans in accordance with the law shall be designed, constructed, and put into use at the same time as the main project; the completion acceptance of the production and construction project shall be Water and soil conservation facilities; if the water and soil conservation facilities have not been inspected or failed to pass the inspection, the production and construction project shall not be put into operation.

Article 28 For production and construction projects that are required to prepare water and soil conservation plans in accordance with the law, the sand, stone, soil, gangue, tailings, waste residue, etc. discarded during their production and construction activities must be comprehensively utilized; they cannot be comprehensively utilized If it is used or needs to be discarded, it should be piled in a special storage place determined by the soil and water conservation plan, and measures should be taken to ensure that no new hazards are caused.

Article 29: Water administrative departments and river basin management agencies of people’s governments at or above the county level shall conduct follow-up inspections on the implementation of water and soil conservation plans for production and construction projects, and deal with problems in a timely manner if they are found.

Chapter 4 Governance

Article 30: The state strengthens the construction of key water and soil conservation projects such as converting sloping farmland into terraces and check dams in key soil and water loss prevention areas and key control areas, and intensifies Great ecological restoration efforts.

The water administrative departments of the people's governments at or above the county level should strengthen the construction management of key soil and water conservation projects and establish and improve the operation, management and maintenance system.

Article 31: The state strengthens the prevention and control of water and soil erosion in river source areas, drinking water source protection areas and water source conservation areas, raises funds through multiple channels, and incorporates compensation for ecological benefits of water and soil conservation into the nationally established Ecological benefit compensation system.

Article 32: If water and soil loss is caused by starting production and construction projects or engaging in other production and construction activities, control shall be carried out.

Starting production and construction projects or engaging in other production and construction activities in mountainous areas, hilly areas, sandy areas and other areas determined by the soil and water conservation plan that are prone to water and soil erosion will damage soil and water conservation facilities and landforms and vegetation, and cannot restore the original state. Those with soil and water conservation functions shall pay soil and water conservation compensation fees, which shall be used specifically for the prevention and control of soil and water loss. Special water and soil erosion prevention and control shall be organized and implemented by the water administrative department. Measures for the collection and use of soil and water conservation compensation fees shall be formulated by the financial department of the State Council and the price department of the State Council in conjunction with the water administrative department of the State Council.

The water and soil conservation expenses incurred during the construction and production processes of production and construction projects shall be handled in accordance with the unified national financial accounting system.

Article 33: The state encourages units and individuals to participate in water and soil erosion control in accordance with soil and water conservation plans, and provides support in terms of funds, technology, taxation, etc.

Article 34 The state encourages and supports the contracting of barren mountains, ditches, hills, and shoals to prevent and control water and soil erosion, protect and improve the ecological environment, and promote the rational development and sustainable use of land resources. And protect the legitimate rights and interests of the parties to the land contract contract in accordance with the law.

When contracting to manage barren hills, ditches, hills, or beaches, or contracting rural land in areas with serious soil erosion, the land contract signed in accordance with the law shall include the responsibility for preventing and controlling water and soil erosion.

Article 35 In areas where water erosion occurs, local people’s governments at all levels and their relevant departments shall organize units and individuals to carry out water erosion according to local conditions, taking the natural ravines and the small watersheds formed by the hillsides on both sides as units. Adopt engineering measures, plant measures, protective tillage and other measures to carry out comprehensive management of soil and water loss on sloping farmland and ditches.

In wind-eroded areas, local people's governments at all levels and their relevant departments should organize units and individuals to adopt measures such as rotational grazing, planting trees and grass, setting up artificial sand barriers and green belts according to local conditions, and establish Windproof and sand-fixing protection system.

In areas with gravity erosion, local people's governments at all levels and their relevant departments should organize units and individuals to take measures such as monitoring, runoff drainage, slope reduction and load reduction, slope support and slope stabilization, and the construction of blocking projects. Establish a monitoring, forecasting and early warning system.

Article 36 In drinking water source protection areas, local people’s governments at all levels and their relevant departments shall organize units and individuals to adopt preventive protection, natural restoration and comprehensive management measures, and support the construction of plant filter belts , actively promote biogas, carry out the construction of clean small watersheds, strictly control the use of chemical fertilizers and pesticides, reduce non-point source pollution caused by soil erosion, and protect drinking water sources.

Article 37: Those who have reclaimed and planted crops on steep slopes where reclamation is prohibited shall, in accordance with relevant national regulations, return the farmland and plant trees and grass; if there is a shortage of cultivated land and it is really difficult to return the farmland, terraces shall be built or other measures shall be taken. Soil and water conservation measures.

When cultivating crops on sloping farmland below the slope where reclamation is prohibited, measures such as building terraces, improving slope water systems, storing water for soil conservation, or returning farmland should be adopted according to different circumstances.

Article 38 The surface soil of the land occupied by production and construction activities shall be stripped, preserved and utilized in layers to achieve a balance of excavation and filling of earth and stone and reduce the scope of surface disturbance; discarded sand, gravel , soil, gangue, tailings, waste residue and other storage areas, measures such as blocking, slope protection, flood control and drainage should be taken. After the production and construction activities are completed, trees and grass should be planted and vegetation restored on the exposed land in the borrow pit, excavation surface and storage area in a timely manner, and the closed tailings pond should be reclaimed.

When engaging in production and construction activities in drought and water-scarce areas, measures to prevent wind erosion should be taken, precipitation storage and infiltration facilities should be set up, and precipitation resources should be fully utilized.

Article 39 The state encourages and supports the adoption of the following measures conducive to water and soil conservation in mountainous areas, hilly areas, sandy areas and other areas prone to water and soil erosion:

( 1) No-tillage, contour tillage, rotational cultivation, grassland rotation, intercropping, etc.;

(2) Closed cultivation, closed rotational grazing, and pen feeding;

(3) ) Develop biogas and firewood-saving stoves, use solar energy, wind energy and water energy, and replace firewood with coal, electricity and gas;

(4) Immigration from ecologically fragile areas;

< p> (5) Other measures conducive to soil and water conservation.

Chapter 5 Monitoring and Supervision

Article 40 The water administrative departments of the people’s governments at or above the county level shall strengthen the monitoring of water and soil conservation and give full play to the role of water and soil conservation monitoring in government decision-making and economic development. The role of social development and social public services. People's governments at or above the county level shall ensure funding for soil and water conservation monitoring work.

The water administrative department of the State Council should improve the national soil and water conservation monitoring network and conduct dynamic monitoring of soil and water loss across the country.

Article 41 For large and medium-sized production and construction projects that may cause serious water and soil erosion, the production and construction unit shall, by itself or entrust an institution with water and soil conservation monitoring qualifications, to monitor the water and soil loss caused by production and construction activities. and regularly report the monitoring status to the local water administrative department.

Engaging in soil and water conservation monitoring activities shall comply with relevant national technical standards, norms and procedures to ensure monitoring quality.

Article 42 The water administrative department of the State Council and the water administrative department of the people's government of provinces, autonomous regions, and municipalities directly under the Central Government shall make regular announcements on the following matters based on the monitoring of water and soil conservation:

(1) Type, area, intensity, distribution and changing trend of soil and water loss;

(2) Harm caused by soil and water loss;

(3) Prevention and control of soil and water loss.

Article 43: The water administrative departments of the people’s governments at or above the county level are responsible for supervising and inspecting water and soil conservation conditions. River basin management agencies may exercise the supervisory and inspection powers of the water administrative department of the State Council within their jurisdiction.

Article 44 When water administration supervisory and inspection personnel perform supervision and inspection duties in accordance with the law, they have the right to take the following measures:

(1) Require the inspected unit or individual to provide relevant documents, Certificates and documents;

(2) Require the inspected unit or individual to provide explanations on the prevention and control of soil erosion;

(3) Enter the site to investigate and collect evidence.

If the inspected unit or individual refuses to stop illegal activities and causes serious water and soil erosion, the tools, construction machinery, equipment, etc. used to commit illegal activities may be sealed and impounded with the approval of the water administrative department.

Article 45: When water administration supervisory and inspection personnel perform their supervisory and inspection duties in accordance with the law, they shall produce their law enforcement certificates. The units or individuals being inspected shall cooperate with the supervision and inspection of soil and water conservation, truthfully report the situation, and provide relevant documents, certificates, and information; they shall not refuse or hinder water administration supervisory and inspection personnel from performing official duties in accordance with the law.

Article 46: Disputes over water and soil erosion between different administrative regions shall be resolved through negotiation; if negotiation fails, the decision shall be made by the people's government at the next higher level.

Chapter 6 Legal Responsibilities

Article 47 The water administrative department or other departments exercising supervision and management power in accordance with the provisions of this Law shall not make administrative licensing decisions or handle approvals in accordance with the law. If a person fails to investigate and deal with illegal acts upon discovery or reports of illegal acts, or fails to perform his duties in accordance with the provisions of this Law, the directly responsible person in charge and other directly responsible persons shall be punished in accordance with the law.

Article 48 Anyone who violates the provisions of this law and engages in soil extraction, sand excavation, quarrying and other activities that may cause soil erosion in areas prone to collapse or landslides or areas prone to debris flows shall be punished by the county level or above. The water administrative department of the local people's government shall order the cessation of illegal activities, confiscate illegal gains, and impose a fine of not less than 1,000 yuan but not more than 10,000 yuan on individuals, and a fine of not less than 20,000 yuan but not more than 200,000 yuan on units.

Article 49 Anyone who violates the provisions of this Law by reclaiming and planting crops on steep slopes above the slope where reclamation is prohibited, or reclamation and development within plant protection zones where reclamation and development are prohibited, shall be prosecuted by local people at or above the county level. The government's water administrative department shall order the cessation of illegal activities and take remedial measures such as returning farmland and restoring vegetation; depending on the area of ??reclamation or development, a fine of not more than 2 yuan per square meter may be imposed on individuals and a fine of not more than 10 yuan per square meter may be imposed on units.

Article 50 Anyone who violates the provisions of this law by destroying forests or grass for reclamation shall be subject to the relevant provisions of the "Forest Law of the People's Republic of China" and the "Grassland Law of the People's Republic of China" Specify penalties.

Article 51 Anyone who violates the provisions of this law by collecting nostoc, or shoveling turf, digging tree pockets, indiscriminately digging cordyceps, licorice, ephedra, etc. in key soil erosion prevention areas and key control areas shall be punished by The water administrative department of the local people's government at or above the county level shall order the cessation of illegal activities, take remedial measures, confiscate illegal income, and impose a fine of not less than one time but not more than five times the illegal income; if there is no illegal income, a fine of not more than 50,000 yuan may be imposed.

Anyone who commits illegal acts specified in the preceding paragraph in grassland areas shall be punished in accordance with the relevant provisions of the "Grassland Law of the People's Republic of China".

Article 52: Anyone who fails to take measures to prevent water and soil erosion in accordance with the law when logging trees in a forest area shall be ordered to make corrections within a time limit and take remedial measures by the forestry administrative department and water administrative department of the local people's government at or above the county level; causing In case of water and soil erosion, the water administrative department shall impose a fine of not less than 2 yuan but not more than 10 yuan per square meter according to the area causing water and soil erosion.

Article 53: Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the water administrative department of the people's government at or above the county level to stop the illegal act and complete the formalities within a time limit; if the formalities are not completed within the time limit, he shall be punished. A fine of not less than RMB 50,000 but not more than RMB 500,000 shall be imposed; the directly responsible person in charge and other directly responsible persons of the production and construction unit shall be punished in accordance with the law:

(1) Production and construction projects for which water and soil conservation plans should be prepared according to law , no water and soil conservation plan has been prepared or the water and soil conservation plan prepared has been started without approval;

(2) The location and scale of the production and construction project have undergone major changes, and the water and soil conservation plan has not been supplemented or modified or the water and soil conservation plan has not been supplemented. , the revised soil and water conservation plan has not been approved by the original approval authority;

(3) During the implementation of the water and soil conservation plan, major changes to the water and soil conservation measures have been made without the approval of the original approval authority.

Article 54 If, in violation of the provisions of this Law, a production and construction project is put into use without acceptance inspection or acceptance inspection of water and soil conservation facilities, the water administrative department of the people's government at or above the county level shall order it to stop production or use. , until the inspection and acceptance is passed, and a fine of not less than 50,000 yuan but not more than 500,000 yuan will be imposed.

Article 55 Anyone who violates the provisions of this law by dumping sand, stone, soil, gangue, tailings, waste residue, etc. in areas other than the special storage areas determined in the soil and water conservation plan shall be prosecuted by local authorities at or above the county level. The water administrative department of the people's government shall order the illegal activities to stop, clean up within a time limit, and impose a fine of not less than 10 yuan but not more than 20 yuan per cubic meter according to the amount of dumping; if the water administrative department of the local people's government at or above the county level still fails to clean up, the water administrative department of the local people's government at or above the county level may designate a responsible person. A unit with clean-up capabilities will clean it up on your behalf, and the necessary expenses will be borne by the illegal perpetrator.

Article 56: Anyone who violates the provisions of this Law by starting a production and construction project or engaging in other production and construction activities that causes water and soil erosion, and fails to control it, shall be ordered by the water administrative department of the people's government at or above the county level to control it within a time limit; If the water administrative department of the people's government at or above the county level still fails to treat the problem within the time limit, the water administrative department of the people's government at or above the county level may designate a unit with the ability to treat the problem on its behalf, and the necessary expenses shall be borne by the illegal perpetrator.

Article 57 Anyone who violates the provisions of this Law and refuses to pay soil and water conservation compensation fees shall be ordered by the water administrative department of the people's government at or above the county level to pay within a time limit; A late payment fee of 0.05% of the overdue portion will be imposed on a daily basis, and a fine of not more than three times of the soil and water conservation compensation fee payable may be imposed.

Article 58 Anyone who violates the provisions of this law and causes water and soil erosion shall bear civil liability in accordance with the law; if it constitutes a violation of public security management, the public security organs shall impose public security management penalties in accordance with the law; if it constitutes a crime, he shall be investigated in accordance with the law. criminal responsibility.

Chapter 7 Supplementary Provisions

Article 59: The local people’s government at or above the county level determines the agency responsible for soil and water conservation work based on the actual local conditions to exercise the water administrative authority specified in this law. Responsibilities of the department’s soil and water conservation work.

Article 60 This Law shall come into effect on March 1, 2011.