Interim Measures for the Administration of Temporary Land Use in Hebei Province

Measures for the Administration of Temporary Land Use in Hebei Province

Chapter I General Principles

Article 1 In order to standardize and strictly manage temporary land use, effectively protect cultivated land, and promote economical and intensive land use, these measures are formulated in accordance with the Land Management Law, the Regulations for the Implementation of the Land Management Law, the Regulations on Land Reclamation, the Regulations on Land Management in Hebei Province, the Notice of the Ministry of Natural Resources on Standardizing the Management of Temporary Land Use, and other laws, regulations and normative documents at higher levels, combined with the actual situation in our province.

Article 2 These Measures shall apply to the management and use of temporary land within the administrative area of this province.

Article 3 The term "temporary land use" as mentioned in these Measures refers to the land that can be restored after the temporary use of construction projects and geological exploration. No permanent buildings have been built in this province.

Temporary land use is characterized by temporality and recoverability. Land unrelated to construction projects and geological exploration. Land that cannot be restored to its original state and reclaimed after use shall not be used.

Article 4 Temporary land use shall follow the principles of strict protection of cultivated land, economical and intensive land use, strict reclamation and reasonable compensation according to law.

Chapter II Scope of Use, Site Selection Requirements and Duration

Article 5 The scope of temporary land use includes:

(a) in the process of construction projects, temporary office and living rooms are built to directly serve the construction personnel, including temporary office and living rooms and work shed land; Self-use auxiliary projects directly serving the project construction include agricultural land topsoil stripping yard, stockyard, beam yard, mixing station, steel bar processing plant, construction access road, transportation access road, ground line erection, underground pipeline laying operation, earth borrow yard and waste (slag) yard for infrastructure projects such as energy, transportation and water conservancy.

(2) Mineral resources exploration, engineering geological exploration, hydrogeological exploration, etc. , temporary living rooms, temporary sheds, exploration operations and their ancillary works, construction access roads, transportation access roads and other land. During the exploration period, it includes the land for drilling well sites, supporting pipelines, power facilities, service roads and other drilling and supporting facilities in the exploration of oil and gas resources.

(3) The land for the construction of temporary cultural relics protection facilities, site safety facilities and logistics facilities in archaeological and cultural relics protection sites specified in the Guiding Opinions of National Cultural Heritage Administration on Strengthening the Protection and Management of Historical and Cultural Heritage and the Compilation and Implementation of National Land Spatial Planning by the Ministry of Natural Resources (Zhejiang Zhengfa [2021] No.41).

(four) other land that needs temporary use as stipulated by laws and regulations.

Sixth temporary land use should adhere to the principle of "how much to use, how much to approve, how much to occupy and how much to recover", and try not to occupy or occupy less cultivated land. If inferior cultivated land can be used, it will not occupy high-quality cultivated land. Where it is difficult to restore the original planting conditions, such as beam yard and mixing station, cultivated land or permanent basic farmland may not be occupied by means of temporary land use, and land may be used by means of construction land or temporary occupation of unused land.

Temporary land use shall generally not occupy permanent basic farmland. If the site selection of temporary land involved in construction projects is really difficult to avoid permanent basic farmland, it must be able to restore the original planting conditions and meet the application conditions, soil stripping, reclamation acceptance and other relevant regulations in the Notice of the Ministry of Agriculture and Rural Affairs of the Ministry of Natural Resources on Strengthening and Improving the Protection of Permanent Basic Farmland.

Article 7 The site selection of temporary land within the municipal area shall be reviewed by the natural resources department of the people's government of the city (including Dingzhou, xinji city and xiong'an new area), and the site selection of other temporary land shall be reviewed by the natural resources department of the county (city) people's government.

Eighth temporary land use period is generally not more than two years; Temporary land use for infrastructure projects such as energy, transportation and water conservancy with a long construction period shall not exceed four years; Except as otherwise provided by laws and administrative regulations.

The period of planning permission for temporary construction land and the period of planning permission for temporary construction projects within the urban development boundary shall be connected with the period of temporary land use. The term of use of temporary land shall be calculated from the date of approval.

Chapter III Examination and Approval of Temporary Land Use

Ninth temporary land shall be examined and approved by the competent department of natural resources of the people's government of the city or county. Temporary land use involving the occupation of cultivated land, permanent basic farmland and municipal districts shall be examined and approved by the competent department of natural resources of the people's government of the city (including Dingzhou, xinji city and xiong'an new area); Other temporary land use by the county (city) people's government department in charge of natural resources for approval. The examination and approval authority for temporary land use shall not be delegated or entrusted to the relevant departments for exercise.

Tenth the use of temporary land, it should be in accordance with the examination and approval authority to apply to the competent department of natural resources of the people's government of the city or county where the temporary land is located. If the use of temporary land in the administrative area of a county (city) involves the occupation of cultivated land and permanent basic farmland, the competent department of natural resources of the county (city) people's government shall first issue a certificate.

Eleventh temporary land within the boundaries of urban development, you can apply for temporary construction land planning permission and temporary land approval, and you can also apply for temporary construction project planning permission at the same time, together with the relevant approval documents; The construction land for drilling and supporting facilities involved in the comprehensive exploration and development of oil and gas resources may be approved for use in the form of temporary land, and if it is converted into production after exploration, the examination and approval procedures for construction land shall be handled; If it does not turn into production, the oil and gas enterprise shall complete the land reclamation and return it on schedule.

Twelfth applications for temporary land use shall submit the following materials:

(a) an application for temporary land use;

(2) Temporary land use contract;

(three) the approval (approval, filing) documents of the construction project, the design approval of the public welfare exploration project or the license for exploration rights, etc. ;

(four) land reclamation plan report;

(five) the temporary use of contracted land or state-owned agricultural land operated in other ways, and the materials agreed by the contractor and obtained the right to operate;

(six) survey and demarcation materials;

(seven) land ownership materials;

(eight) to apply for temporary land outside the municipal area, involving the occupation of cultivated land and permanent basic farmland, and submit the preliminary examination opinions of the competent department of natural resources of the county (city) people's government;

(nine) photos of the current situation of land use and other necessary materials.

Thirteenth temporary land use contract signed by the applicant for temporary land use and the right holder to provide temporary land. Temporary use of state-owned land shall be signed by the applicant and the competent department of natural resources of the people's government of the city or county where the temporary land is located; Temporary use of land collectively owned by farmers shall be signed by the applicant and the rural collective economic organizations and villagers' committees to which the land belongs. Involving contracted land (including state-owned and collective-owned), the consent of the contractor shall be obtained; Involving other ways to operate state-owned agricultural land, it shall obtain the consent of the right to operate.

The contract for temporary land use shall specify the location, scope, area and current land type of temporary land use, as well as the purpose, service period, reclamation standard, compensation amount and payment method, liability for breach of contract, etc.

Fourteenth temporary land applicants shall, according to the scope of site selection agreed by the competent department of natural resources of the people's government of the city or county, prepare a report on the temporary land reclamation plan. The preparation, demonstration and review of the land reclamation plan report form shall be carried out in accordance with the laws, regulations and normative documents related to land reclamation. If the temporary land applied for when the project construction land is submitted for approval is located in the approved land reclamation plan, the land reclamation plan report form will not be compiled repeatedly.

Fifteenth of the temporary land application materials are complete and meet the requirements, the competent department of natural resources of the people's government of the city or county shall be approved within 20 working days from the date of acceptance; Involving the occupation of cultivated land and permanent basic farmland, the competent department of natural resources of the county (city) people's government shall complete the preliminary examination and issue opinions within 10 working days from the date of receiving the application materials. If the application materials for temporary land use do not meet the requirements, the competent department of natural resources of the people's government of the city or county shall inform the applicant of all the contents that need to be corrected on the spot or within five working days.

Article 16 As an obligor for land reclamation, the applicant for temporary land use shall deposit the funds needed for land reclamation into the special account for land reclamation expenses of the bank according to the amount of funds determined by land reclamation laws, regulations, normative documents and land reclamation plans. The use and management of special accounts shall be implemented in accordance with relevant regulations.

The applicant for temporary land use shall pay the compensation fee for temporary land use to the obligee who provides temporary land use in accordance with the contract.

Seventeenth temporary land users should use the land in accordance with the approved purposes, and may not transfer, lease or mortgage the temporary land.