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

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

(Adopted by the 20th Session of the Standing Committee of the Seventh National People's Congress on June 29, 1991, promulgated by Order No 49 of the President of thePeople's Republic of China on June 29, 1991 and effectiveon June 29, 1991) Contents Chapter I General Provisions Chapter II Prevention Chapter III Rehabilitation Chapter IV Supervision Chapter V Legal Liability Chapter VI Supplementary Provisions Chapter I General Provisions Article 1 For the purposes of preventing and controlling soil erosion,protecting and utilizing rationally water and soil resources,mitigating disasters of flood, drought and sandstorm, improvingecological environment and developing production, this Lawis enacted. Article 2 "Water and soil conservation" as the term is usedin this Law means preventive and rehabilitative measures takenagainst soil erosion which is caused by natural factors orhuman activities. Article 3 All units and individuals shall have the obligation to protectwater and soil resources, prevent and control soil erosion,and also have the right to report any unit or individual thatdamages water and soil resources and causes soil erosion. Article 4 The State shall, in relation to the work of water and soilconservation, implement the policy of prevention first, overallplanning, comprehensive prevention and control, adopt measuressuited to local conditions, strengthen management and stressbeneficial results. Article 5 The State Council and the local people's governments shallregard the work of water and soil conservation as an importantduty, and adopt measures to ensure the prevention and controlof soil erosion. Article 6 The department of water administration under the State Councilshall be in charge of the work of water and soil conservationthroughout the country. The departments of water administrationunder the local people's governments at or above the countylevel shall be in charge of the work of water and soil conservationin areas under their respective jurisdiction. Article 7 The department of water administration under the State Counciland those under the local people's governments at or abovethe county level shall, on the basis of investigation andassessment of water and soil resources, work out water andsoil conservation plans in conjunction with other departmentsconcerned. Such water and soil conservation plans shall besubject to approval by the people's governments at the correspondinglevels. Any water and soil conservation plan approved by thelocal people's government at or above the county level shallbe submitted to the department of water administration underthe people's government at the next higher level for the record.Any modification to be made to an approved water and soilconservation plan shall be submitted for approval to the originalapproving department. The people's governments at or above the county level shallincorporate the tasks specified in the water and soil conservationplans into their respective plans for national economic andsocial development, allocate special funds therefor and organizethe implementation thereof. The people's governments at or above the county level shall,in line with the actual conditions of soil erosion, designatekey areas where preventive and rehabilitative efforts againstsoil erosion shall be focused. Article 8 Units and individuals engaged in production and constructionactivities that may cause soil erosion must adopt measuresto protect the water and soil resources, and shall be responsibleto take rehabilitative measures against soil erosion resultedfrom their production and construction activities. Article 9 The people's governments at various levels shall intensifythe publicity of and education in water and soil conservation,and popularize scientific knowledge concerning water and soilconservation. Article 10 The State shall encourage the research in and raise the levelof science and technology in water and soil conservation,popularize the advanced technology in water and soil conservation,and train in a planned way scientific and technological personnelin the field of water and soil conservation. Article 11 Units and individuals that have made outstanding achievementsin the prevention and control of soil erosion shall be rewardedby the people's government. Chapter II Prevention Article 12 The people's governments at various levels shall organizeevery citizen to engage in afforestation and encourage theplanting of grass and trees, thereby enlarging forest-coveredareas and increasing vegetation. Article 13 The local people's governments at various levels shall, inlight of respective local conditions, organize agriculturalcollectively-owned economic organizations as well as State-ownedagricultural, forest, and livestock farms to plant firewoodforests, forage and green manure crops, and to conduct ina planned way the closing of hillsides for facilitating afforestationand growing grass and trees and the rotation of closing andgrazing periods, so as to prevent winds, fix drifting sandand preserve vegetation. Destroying forest or burning vegetationfor land reclamation and stripping vegetation and diggingup tree stumps on steep hill slopes or in arid regions shallbe prohibited. Article 14 Reclamation of hillsides with a slope of over 25 degrees forcultivation of crops shall be prohibited. The people's governments of provinces, autonomous regionsand municipalities directly under the Central Government may,in line with the local conditions of the areas under theirrespective jurisdiction, prescribe the no-reclamation slopebelow 25 degrees. The specific area of the no-reclamation slope shall be determinedand announced by the local people's government at the countylevel. Anyone who has conducted reclamation for cultivation of cropson the no-reclamation slopes before the entry into force ofthis Law shall, on the basis of capital farming constructionand in the light of the local conditions, gradually stop thecultivation and, instead, plant trees, grow grass and restorethe vegetation, or build terraced fields thereon. Article 15 Anyone who reclaims waste hillsides with a slope above 5 degreesbut under the prescribed no-reclamation degrees must obtainprior approval from the department of water administrationunder the people's government at the county level; anyonewho intends to reclaim waste hill slopes owned by the Statemay apply to the people's government at or above the countylevel for going through the procedures for land reclamationonly after obtaining approval from the department of wateradministration under the people's government at the countylevel. Article 16 The felling of forest trees must be carried out in a rationalmanner and in line with the local conditions, and clear fellingshall be strictly controlled. Preventive measures againstsoil erosion shall be adopted in the felling areas and on skid trails, and re-afforestationshall be accomplished in good time after the felling. Withrespect to protective forests such as those for water supplyconservation, water and soil conservation, windbreak and sand-fixation,felling is only permitted for tending and regeneration offorests. For any felling in a forest area, water and soil conservationmeasures for the felling area, worked out in accordance withthe provisions of the preceding paragraph, must be includedin the felling plan thereof. After the felling plan is approvedby the department of forestry administration, the water andsoil conservation measures for the felling area shall be implementedunder the supervision of the departments of water administrationand forestry administration. Article 17 Water and soil conservation measures must be adopted to preventsoil erosion when preparations for afforestation, tendingof young growth, and cultivation of commodity trees such asoil-tea camellia and tung tree are done on hillsides witha slope above 5 degrees. Article 18 In the construction of a railway, highway or water project,the disturbance of vegetation shall be minimized; waste sand,rocks and earth thus derived must be disposed of in an areaspecially designated for the purpose, and shall not be dumpedout into any river, lake, reservoir or any ditch or canalother than the specially designated area; slope protectionmust be built or other land management measures adopted onhill slopes within the frontage of the railway and highway;after the project is completed, trees must be planted andgrass grown on the earth-fetching area, excavated land surfaceand the exposed land surface for the disposition of wastesand, rock and earth, in order to prevent soil erosion. In the establishment of a mining or electrical power enterpriseor any other large or medium-sized industrial enterprise,the abandoned stripped topsoil, waste rock, tailings and residuesmust be disposed of in a specially designated area, and shallnot be dumped out into any river, lake, reservoir or any ditchor canal other than the specially designated area. If thevegetation is damaged on account of the mining or construction,measures must be taken to rehabilitate the topsoil and vegetation,thereby preventing soil erosion. Article 19 When the construction of a railway, highway or a water projectis carried out, a mining or electrical power enterprise orany other large or medium-sized industrial enterprise is establishedin a mountainous, hilly or sandstorm area, the environmentalimpact statement for the project must include a water andsoil conservation program approved by the department of wateradministration. The water and soil conservation program shallbe drawn up in accordance with the provisions of Article 18of this Law. Where a township collective mining enterprise is to be setup or an individual is to apply for mining, in accordancewith the provisions of the Law on Mineral Resources, in amountainous, hilly or sandstorm area, a water and soil conservationprogram approved by the department of water administrationunder the people's government at or above the county levelmust be submitted before the application for going throughthe approving procedures for mining operation is made. Water and soil conservation facilities in a constructionproject must be designed, constructed and put into operationsimultaneously with the principal part of the project. Whena construction project is completed and inspected for acceptance,the water and soil conservation facilities shall be inspectedfor acceptance at the same time, with personnel from the departmentof water administration participating. Article 20 The local people's governments at various levels shall takemeasures to strengthen the control over such production activitiesas mining, earth-fetching, sand-digging and quarrying, soas to prevent soil erosion. Earth-fetching, sand-digging and quarrying shall be prohibitedin areas in danger of land-collapsing or landslide or wheremud-rock flow is liable to occur. The scope of such areasshall be determined and announced by the local people's governmentsat or above the county level. Chapter III Rehabilitation Article 21 The people's governments at or above the county level shall,in accordance with the water and soil conservation plans,organize competent administrative departments and units concernedto engage in a planned way in the rehabilitation of soil erosion. Article 22 In a water-eroded region, by taking a small river basin comprisingthe natural ravines and flanking hill slopes as a unit, acomprehensive system for the prevention and control of soilerosion shall be set up on the basis of overall planning andcomprehensive rehabilitation. In a wind-eroded region, such measures as exploitation ofwater resources, water diversion for sand removal, plantingof trees and growing of grass, installation of artificialsand-break and forest network shall be adopted to build aprotective system for windbreak and sand-fixation, therebycontrolling hazards of sand storms. Article 23 The State shall encourage the agricultural collective economicorganizations and farmers in soil-eroded regions to carryout rehabilitation of soil erosion, and shall also practicea policy of giving support as to fund, energy, grain, taxation,etc.; the specific measures thereof shall be prescribed bythe State Council. Article 24 The local people's governments at various levels shall organizeagricultural collective economic organizations and farmersto manage in a planned way the cultivated land with a slopeabove 5 degrees but under the no-reclamation degrees, by taking,in line with different conditions, such water and soil conservationmeasures as regulating drainage systems, building terracedfields, and practicing a method of cultivation conducive towater and soil conservation. Article 25 In soil-eroded regions, any individual who contracts for theuse of land owned by the collective shall include the responsibilityof rehabilitating soil erosion in the contract. Article 26 The rehabilitation of soil erosion on barren hills, wastevalleys, barren hillocks and desolated beaches may be contractedto agricultural collective economic organizations, individualfarmers or lease-holding household groups. Where the rehabilitation of soil erosion on barren hills,waste valleys, barren hillocks or desolated beaches are contractedout, contracts for the rehabilitation of soil erosion shallbe concluded according to the principle of the benefits derivedtherefrom and to be enjoyed by the contractors for the rehabilitation. The trees planted on account of the contracted rehabilitationand the fruits yielded therefrom shall belong to the contractors;and the land expanded as a result of the contracted rehabilitationshall be used by the contractors. The State shall protect the lawful rights and interests ofthe parties to a contract for rehabilitation. Within the termof the contracted rehabilitation, if a contractor dies, hisor her successor(s) may, in accordance with the agreementsstipulated in the contract, continue to perform the implementationof the contract. Article 27 Any enterprise or institution must, in the course of constructionor production, adopt water and soil conservation measures,and shall be responsible for the rehabilitation of the soileroded. If an enterprise or institution is unable to carryout the rehabilitation, the department of water administrationshall undertake the task, and the cost thus entailed shallbe borne by the enterprise or institution that has causedthe soil erosion. The expenses for the prevention and control of soil erosionarising in the course of construction shall be allocated fromthe capital construction investment; the expenses for theprevention and control of soil erosion arising in the courseof production shall be allocated from the production cost. Article 28 The people's governments at or above the county level shallorganize departments concerned to inspect for acceptance thewater and soil conservation facilities built and the treesand grass planted in soil-eroded regions. The management and protection of water and soil conservationfacilities, experimental sites, trees and grass planted andother rehabilitation achievements shall be strengthened. Chapter IV Supervision Article 29 The department of water administration under the State Councilshall establish a monitoring network for water and soil conservationso as to conduct monitoring and prediction of the nationwidesoil erosion and announce the results thereof to the public. Article 30 Personnel in charge of supervision over water and soil conservationin the departments of water administration under the people'sgovernments at or above the county level shall have the rightto carry out on-the-spot inspection on the situations of soilerosion and the prevention and control thereof in areas undertheir respective jurisdiction. Units and individuals thatare being inspected must truthfully report the situationsand provide necessary working conditions for the inspection. Article 31 Any dispute arising from the prevention and control of soilerosion shall be solved through consultation; if no settlementis reached through consultation, the case shall be handledby the people's government at the next higher level. Chapter V Legal Liability Article 32 In the case of any violation of the provisions in Article14 of this Law by cultivating crops on the no-reclamationhill slopes, the department of water administration underthe people's government at the county level shall order thecessation of the reclamation and the adoption of remedialmeasures, and may also impose a fine thereon. Article 33 Where any enterprise, institution, or agricultural collectiveeconomic organization, without approval of the departmentof water administration under the people's government at thecounty level, reclaims waste hillsides with a slope above5 degrees but under the no-reclamation degrees, the departmentof water administration under the people's government at thecounty level shall order the cessation of the reclamationand the adoption of remedial measures, and may also imposea fine thereon. Article 34 In the case of earth-fetching, sand-digging or quarrying inareas in danger of land-collapsing or landslide or where mud-rockflow is liable to occur, as designated by the local people'sgovernment at or above the county level, the department ofwater administration under the people's government at or abovethe county level shall order the cessation of the aforementionedlaw-breaking acts and the adoption of remedial measures, andshall also impose a fine thereon. Article 35 In the case of tree-felling in forest areas without adoptingwater and soil conservation measures, thus causing serioussoil erosion, the department of water administration shallreport thereon to the people's government at or above thecounty level for a decision to order a rectification withina fixed period of time and the adoption of remedial measures,and shall also impose a fine thereon. Article 36 Any enterprise or institution that causes soil erosion inthe course of construction or production and fails to carryout rehabilitation may, in light of the harmful consequencesthus entailed, be punishable with a fine or be instructedto suspend its business for purposes of rehabilitation; theresponsible persons concerned shall be subjected to administrativepenalties by the unit to which they belong or by the competentdepartments at higher levels. The imposition of a fine shall be subject to a decision bythe people's government at the county level on a report submittedby the department of water administration under the people'sgovernment at the county level. The decision on ordering the suspension of business for purposesof rehabilitation shall be made by the people's governmentat the municipal or county level; the suspension of businessfor purposes of rehabilitation for an enterprise or institutiondirectly under the Central Government or a people's governmentat the provincial level shall be reported to the State Councilor the provincial people's government for approval. Any individual who engages in mining causes soil erosionand fails to carry out rehabilitation shall be punished inaccordance with the provisions of the preceding two paragraphs. Article 37 Whoever hinders, by use of violence or threat, the performanceof duty by personnel in charge of supervision over water andsoil conservation according to law shall be investigated forcriminal liabilities according to law; those who refuse toaccept or hinders the performance of duty by personnel incharge of supervision over water and soil conservation, butwithout resorting to violence or use of threat, shall be punishedby the public security organ in accordance with the Regulationson Administrative Penalties for Public Security. Article 38 If any party is not satisfied with the decision on administrativepenalties, it may, within 15 days after the receipt of thenotice of penalties, apply for reconsideration to the organat the next higher level over the one that has made the decision.The party may also directly bring a suit before a people'scourt within 15 days after the receipt of the said notice. The reconsideration organ shall, within 60 days after thereceipt of the application for reconsideration, make a reconsiderationdecision. If the party concerned is not satisfied with thereconsideration decision, it may, within 15 days after thereceipt of the reconsideration decision, bring a suit beforea people's court. If the reconsideration organ fails to makea reconsideration decision within the time limit, the partymay, within 15 days after the expiration of the term for reconsideration,bring a suit to a people's court. If a party neither applies for reconsideration, nor bringsa suit to a people's court within the time limit, nor complieswith the decision on penalties, the organ that has made thedecision may apply to a people's court for compulsory enforcement. Article 39 Any individual or unit that causes damage from soil erosionshall bear the responsibility of removing the damage, andshall compensate the units and individuals that have directlysuffered the damage. Any dispute over the liability or amount of compensationmay, upon the request by a party, be dealt with by the departmentof water administration; if the party is not satisfied withthe decision thus made, it may bring a suit before a people'scourt. The party may also directly bring a suit before a people'scourt. In case of natural disasters beyond the capacity of man,if damage from soil erosion cannot be avoided despite of takingreasonable measures promptly, the individual or unit concernedshall be exempted from liability. Article 40 In case a person in charge of supervision over water and soilconservation derelicts his or her duty or abuses his or herpower and thus causes losses to the public property or theinterests of the State and the people, administrative penaltiesshall be meted out by the unit to which the offender belongsor by the competent department at a higher level; if the offenseconstitutes a crime, the offender shall be investigated forcriminal liability according to law. Chapter VI Supplementary Provisions Article 41 The State Council shall formulate the rules for the implementationin accordance with this Law. The standing committees of the people's congresses of theprovinces, autonomous regions and municipalities directlyunder the Central Government may, in accordance with thisLaw and in the light of the respective local conditions, formulatemeasures of implementation of this Law. Article 42 This Law shall enter into force on the date of promulgation. The Regulations on the Work of Water and Soil Conservationpromulgated by the State Council on June 30, 1982 shall beannulled simultaneously.