【正文】 e measures to protect irrigation and drainage facilities, improve soil, increase soil fertility and prevent desertification, salinization, and soil erosion and contamination. Article 36 In nonagricultural construction, attention shall be paid to economizing on the use of land. Where wasteland can be used, no cultivated land may be used。 where land of inferior quality can be used, no land of superior quality may be used. It is forbidden to use cultivated land for building kilns and graves and to build houses, dig sand, quarry, mine or collect earth on or from cultivated land without authorization. It is forbidden to use capital farmland for planting forest or fruit trees or to turn such land into ponds for raising fish. Article 37 All units and individuals are forbidden to leave cultivated land unused or let it lie waste. Where a stretch of cultivated land, for which the formalities of examination and approval have been gone through for its use for nonagricultural construction projects but which can still be cultivated and yield crops, is not used for one year, its cultivation shall be resumed by the original collectives or individuals or may be arranged by the land user. If construction is not started for over one year, the land user shall, in accordance with the regulations of provinces, autonomous regions and municipalities directly under the Central Government, pay charges for leaving the land unused. If the land is not used for two years running, the people39。s government at or above the county level shall, with the approval of the original approving organ, take back the user39。s right to the use of the land without pensation. If the said land is originally owned by peasant collectives, it shall be returned to the original collective economic organization of the village for resumption of cultivation. Land in an area covered by city planning, the right to use which is assigned for development of real estate and that is left unused, shall be dealt with in accordance with the relevant provisions in the Law of the People39。s Republic of China on the Administration of the Urban Estate. Where a unit or individual that contracts to operate cultivated land but lets the land lie waste for two years running, the original unit that gave out the contract shall terminate the contract and take back the land under contract. Article 38 The State encourages units and individuals to develop unused land in accordance with the overall plans for land utilization, on condition that the ecological environment is protected and improved and soil erosion and desertification are prevented. Priority shall be given to the development of such land for agricultural purposes where conditions permit. The State protects the lawful rights and interests of such developers in accordance with law. Article 39 Unused land shall be reclaimed on the basis of scientific confirmation and evaluation, within the reclaimable area designated as such in an overall plan for land utilization and with lawful approval. It is forbidden to reclaim cultivated land by destroying forests or grasslands, to reclaim land from lakes and to encroach on tidalflat areas of rivers. Where land is reclaimed from forests, grasslands or lakes at the expense of the ecological environment, it shall gradually be returned to the forests, grasslands and lakes according to plan. Article 40 Units or individuals that wish to develop Stateowned barren hills, wastelands or waste tidal flats, the landuse right of which is not yet established, for crop cultivation, forestry, animal husbandry or fishery shall be subject to lawful approval by people39。s governments at or above the county level, which may decide that such land be used by the said units or individuals for a long time. Article 41 The State encourages land revitalization. County and township (town) people39。s governments shall make arrangements for rural collective economic organizations to conduct, in accordance with overall plans for land utilization, allround improvement of the fields, water conservancy, roads and forests and development of the villages in order to improve the quality of the cultivated land, increase the efficient area of cultivated land and better the conditions of agricultural production and the ecological environment. Local people39。s governments at all levels shall take measures to transform the medium and lowyield fields and improve idle and waste land. Article 42 Land users that cause damage to land as a result of digging, subsiding or crumbling under heavy weight shall be responsible for recultivating the land in accordance with the relevant regulations of the State. Where conditions do not permit such recultivation or the land recultivated does not meet the requirements, the user shall pay charges for recultivation, which shall exclusively be used for the purpose. The land recultivated shall first be used for agriculture. Chapter V Land to Be Used for Construction Article 43 All units and individuals that need land for construction purposes shall, in accordance with law, apply for the use of Stateowned land, with the exception of the collective economic organizations and peasants of such organizations that have lawfully obtained approval of using the land owned by peasant collectives of these organizations to build township or town enterprises or to build houses for villagers and the units and individuals that have lawfully obtained approval of using the land owned by peasant collectives to build public utilities or public welfare undertakings of a township (town) or village. The Stateowned land mentioned in the preceding paragraph includes land owned by the State and land originally owned by peasant collectives but expropriated by the State. Article 44 Where land for agriculture is to be used for construction purposes, the formalities of examination and approval shall be gone through for the conversion of use.