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土地管理法word版-閱讀頁

2024-09-09 19:30本頁面
  

【正文】 jects, that is, the unit shall be responsible for reclaiming the same area and quality of the cultivated land it uses. If conditions for such reclamation do not exist or if the reclaimed land fails to meet the requirements, the unit shall pay expenses for reclamation in accordance with the regulations set by people39。s governments of provinces, autonomous regions and municipalities directly under the Central Government shall formulate plans for land reclamation, see that the unit that uses cultivated land reclaims land according to plan or arranges reclamation according to plan, and conduct inspection before acceptance. Article 32 Local people39。s governments of provinces, autonomous regions and municipalities directly under the Central Government shall strictly implement the overall plans and annual plans for land utilization and take measures to ensure that the total area of cultivated land within their administrative regions remains unreduced. Where the total area of cultivated land is reduced, the State Council shall order the government concerned to reclaim land, within a time limit, of the same quality and area as is reduced, and the land administration department together with the agriculture administration department under the State Council shall inspect the land reclaimed before acceptance. Where individual governments of provinces or municipalities directly under the Central Government, for lack of land reserves, cannot reclaim enough land to make up for the cultivated land they used for additional construction projects, they shall apply to the State Council for approval of their reclaiming less or no land within their own administrative regions and of their reclaiming land in other regions. Article 34 The State applies a system of protection for capital farm land. Cultivated land of the following categories shall be included in the protected capital farmland in accordance with the overall plan for land utilization and be placed under strict control: (1) cultivated land within bases of grain, cotton and oil crops production, which are designated as such with the approval of the departments concerned under the State Council or of the people39。 (2) cultivated land with good irrigation and water and soil conservation facilities as well as medium and lowyield fields that are under improvement according to plan or that can be improved。 (4) pilot fields for scientific research or teaching of agriculture。s government at the county level. Article 35 People39。 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 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 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 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.
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