(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 the People's Republic of China on June 29, 1991 and effective on 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, improving ecological environment and developing production, this Law is enacted.
Article 2
"Water and soil conservation" as the term is used in this Law means preventive and rehabilitative measures taken against soil erosion which is caused by natural factors or human activities.
Article 3
All units and individuals shall have the obligation to protect water and soil resources, prevent and control soil erosion, and also have the right to report any unit or individual that damages water and soil resources and causes soil erosion.
Article 4
The State shall, in relation to the work of water and soil conservation, implement the policy of prevention first, overall planning, comprehensive prevention and control, adopt measures suited to local conditions, strengthen management and stress beneficial results.
Article 5
The State Council and the local people's governments shall regard the work of water and soil conservation as an important duty, and adopt measures to ensure the prevention and control of soil erosion.
Article 6
The department of water administration under the State Council shall be in charge of the work of water and soil conservation throughout the country. The departments of water administration under the local people's governments at or above the county level shall be in charge of the work of water and soil conservation in areas under their respective jurisdiction.
Article 7
The department of water administration under the State Council and those under the local people's governments at or above the county level shall, on the basis of investigation and assessment of water and soil resources, work out water and soil conservation plans in conjunction with other departments concerned. Such water and soil conservation plans shall be subject to approval by the people's governments at the corresponding levels. Any water and soil conservation plan approved by the local people's government at or above the county level shall be submitted to the department of water administration under the people's government at the next higher level for the record. Any modification to be made to an approved water and soil conservation plan shall be submitted for approval to the original approving department.
The people's governments at or above the county level shall incorporate the tasks specified in the water and soil conservation plans into their respective plans for national economic and social development, allocate special funds therefor and organize the implementation thereof.
The people's governments at or above the county level shall, in line with the actual conditions of soil erosion, designate key areas where preventive and rehabilitative efforts against soil erosion shall be focused.
Article 8
Units and individuals engaged in production and construction activities that may cause soil erosion must adopt measures to protect the water and soil resources, and shall be responsible to take rehabilitative measures against soil erosion resulted from their production and construction activities.
Article 9
The people's governments at various levels shall intensify the publicity of and education in water and soil conservation, and popularize scientific knowledge concerning water and soil conservation.
Article 10
The State shall encourage the research in and raise the level of 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 personnel in the field of water and soil conservation.
Article 11
Units and individuals that have made outstanding achievements in the prevention and control of soil erosion shall be rewarded by the people's government.
Chapter II Prevention
Article 12
The people's governments at various levels shall organize every citizen to engage in afforestation and encourage the planting of grass and trees, thereby enlarging forest-covered areas and increasing vegetation.
Article 13
The local people's governments at various levels shall, in light of respective local conditions, organize agricultural collectively-owned economic organizations as well as State-owned agricultural, forest, and livestock farms to plant firewood forests, forage and green manure crops, and to conduct in a planned way the closing of hillsides for facilitating afforestation and growing grass and trees and the rotation of closing and grazing periods, so as to prevent winds, fix drifting sand and preserve vegetation. Destroying forest or burning vegetation for land reclamation and stripping vegetation and digging up tree stumps on steep hill slopes or in arid regions shall be prohibited.
Article 14
Reclamation of hillsides with a slope of over 25 degrees for cultivation of crops shall be prohibited.
The people's governments of provinces, autonomous regions and municipalities directly under the Central Government may, in line with the local conditions of the areas under their respective jurisdiction, prescribe the no-reclamation slope below 25 degrees.
The specific area of the no-reclamation slope shall be determined and announced by the local people's government at the county level.
Anyone who has conducted reclamation for cultivation of crops on the no-reclamation slopes before the entry into force of this Law shall, on the basis of capital farming construction and in the light of the local conditions, gradually stop the cultivation and, instead, plant trees, grow grass and restore the vegetation, or build terraced fields thereon.
Article 15
Anyone who reclaims waste hillsides with a slope above 5 degrees but under the prescribed no-reclamation degrees must obtain prior approval from the department of water administration under the people's government at the county level; anyone who intends to reclaim waste hill slopes owned by the State may apply to the people's government at or above the county level for going through the procedures for land reclamation only after obtaining approval from the department of water administration under the people's government at the county level.
Article 16
The felling of forest trees must be carried out in a rational manner and in line with the local conditions, and clear felling shall be strictly controlled. Preventive measures against soil erosion shall be
adopted in the felling areas and on skid trails, and re-afforestation shall be accomplished in good time after the felling. With respect to protective forests such as those for water supply conservation, water and soil conservation, windbreak and sand-fixation, felling is only permitted for tending and regeneration of forests.
For any felling in a forest area, water and soil conservation measures for the felling area, worked out in accordance with the provisions of the preceding paragraph, must be included in the felling plan thereof. After the felling plan is approved by the department of forestry administration, the water and soil conservation measures for the felling area shall be implemented under the supervision of the departments of water administration and forestry administration.
Article 17
Water and soil conservation measures must be adopted to prevent soil erosion when preparations for afforestation, tending of young growth, and cultivation of commodity trees such as oil-tea camellia and tung tree are done on hillsides with a 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 area specially designated for the purpose, and shall not be dumped out into any river, lake, reservoir or any ditch or canal other than the specially designated area; slope protection must be built or other land management measures adopted on hill slopes within the frontage of the railway and highway; after the project is completed, trees must be planted and grass grown on the earth-fetching area, excavated land surface and the exposed land surface for the disposition of waste sand, rock and earth, in order to prevent soil erosion.
In the establishment of a mining or electrical power enterprise or any other large or medium-sized industrial enterprise, the abandoned stripped topsoil, waste rock, tailings and residues must be disposed of in a specially designated area, and shall not be dumped out into any river, lake, reservoir or any ditch or canal other than the specially designated area. If the vegetation 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 project is carried out, a mining or electrical power enterprise or any other large or medium-sized industrial enterprise is established in a mountainous, hilly or sandstorm area, the environmental impact statement for the project must include a water and soil conservation program approved by the department of water administration. The water and soil conservation program shall be drawn up in accordance with the provisions of Article 18 of this Law.
Where a township collective mining enterprise is to be set up or an individual is to apply for mining, in accordance with the provisions of the Law on Mineral Resources, in a mountainous, hilly or sandstorm area, a water and soil conservation program approved by the department of water administration under the people's government at or above the county level must be submitted before the application for going through the approving procedures for mining operation is made.
Water and soil conservation facilities in a construction project must be designed, constructed and put into operation simultaneously with the principal part of the project. When a construction project is completed and inspected for acceptance, the water and soil conservation facilities shall be inspected for acceptance at the same time, with personnel from the department of water administration participating.
Article 20
The local people's governments at various levels shall take measures to strengthen the control over such production activities as mining, earth-fetching, sand-digging and quarrying, so as to prevent soil erosion.
Earth-fetching, sand-digging and quarrying shall be prohibited in areas in danger of land-collapsing or landslide or where mud-rock flow is liable to occur. The scope of such areas shall be determined and announced by the local people's governments at 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 concerned to engage in a planned way in the rehabilitation of soil erosion.
Article 22
In a water-eroded region, by taking a small river basin comprising the natural ravines and flanking hill slopes as a unit, a comprehensive system for the prevention and control of soil erosion shall be set up on the basis of overall planning and comprehensive rehabilitation.
In a wind-eroded region, such measures as exploitation of water resources, water diversion for sand removal, planting of trees and growing of grass, installation of artificial sand-break and forest network shall be adopted to build a protective system for windbreak and sand-fixation, thereby controlling hazards of sand storms.
Article 23
The State shall encourage the agricultural collective economic organizations and farmers in soil-eroded regions to carry out rehabilitation of soil erosion, and shall also practice a policy of giving support as to fund, energy, grain, taxation, etc.; the specific measures thereof shall be prescribed by the State Council.
Article 24
The local people's governments at various levels shall organize agricultural collective economic organizations and farmers to manage in a planned way the cultivated land with a slope above 5 degrees but under the no-reclamation degrees, by taking, in line with different conditions, such water and soil conservation measures as regulating drainage systems, building terraced fields, and practicing a method of cultivation conducive to water and soil conservation.
Article 25
In soil-eroded regions, any individual who contracts for the use of land owned by the collective shall include the responsibility of rehabilitating soil erosion in the contract.
Article 26
The rehabilitation of soil erosion on barren hills, waste valleys, barren hillocks and desolated beaches may be contracted to agricultural collective economic organizations, individual farmers or lease-holding household groups.
Where the rehabilitation of soil erosion on barren hills, waste valleys, barren hillocks or desolated beaches are contracted out, contracts for the rehabilitation of soil erosion shall be concluded according to the principle of the benefits derived therefrom and to be enjoyed by the contractors for the rehabilitation.
The trees planted on account of the contracted rehabilitation and the fruits yielded therefrom shall belong to the contractors; and the land expanded as a result of the contracted rehabilitation shall be used by the contractors.
The State shall protect the lawful rights and interests of the parties to a contract for rehabilitation. Within the term of the contracted rehabilitation, if a contractor dies, his or her successor(s) may, in accordance with the agreements stipulated in the contract, continue to perform the implementation of the contract.
Article 27
Any enterprise or institution must, in the course of construction or production, adopt water and soil conservation measures, and shall be responsible for the rehabilitation of the soil eroded. If an enterprise or institution is unable to carry out the rehabilitation, the department of water administration shall undertake the task, and the cost thus entailed shall be borne by the enterprise or institution that has caused the soil erosion.
The expenses for the prevention and control of soil erosion arising in the course of construction shall be allocated from the capital construction investment; the expenses for the prevention and control of soil erosion arising in the course of production shall be allocated from the production cost.
Article 28
The people's governments at or above the county level shall organize departments concerned to inspect for acceptance the water and soil conservation facilities built and the trees and grass planted in soil-eroded regions.
The management and protection of water and soil conservation facilities, experimental sites, trees and grass planted and other rehabilitation achievements shall be strengthened.
Chapter IV Supervision
Article 29
The department of water administration under the State Council shall establish a monitoring network for water and soil conservation so as to conduct monitoring and prediction of the nationwide soil erosion and announce the results thereof to the public.
Article 30
Personnel in charge of supervision over water and soil conservation in the departments of water administration under the people's governments at or above the county level shall have the right to carry out on-the-spot inspection on the situations of soil erosion and the prevention and control thereof in areas under their respective jurisdiction. Units and individuals that are being inspected must truthfully report the situations and provide necessary working conditions for the inspection.
Article 31
Any dispute arising from the prevention and control of soil erosion shall be solved through consultation; if no settlement is reached through consultation, the case shall be handled by 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 Article 14 of this Law by cultivating crops on the no-reclamation hill slopes, the department of water administration under the people's government at the county level shall order the cessation of the reclamation and the adoption of remedial measures, and may also impose a fine thereon.
Article 33
Where any enterprise, institution, or agricultural collective economic organization, without approval of the department of water administration under the people's government at the county level, reclaims waste hillsides with a slope above 5 degrees but under the no-reclamation degrees, the department of water administration under the people's government at the county level shall order the cessation of the reclamation and the adoption of remedial measures, and may also impose a fine thereon.
Article 34
In the case of earth-fetching, sand-digging or quarrying in areas in danger of land-collapsing or landslide or where mud-rock flow is liable to occur, as designated by the local people's government at or above the county level, the department of water administration under the people's government at or above the county level shall order the cessation of the aforementioned law-breaking acts and the adoption of remedial measures, and shall also impose a fine thereon.
Article 35
In the case of tree-felling in forest areas without adopting water and soil conservation measures, thus causing serious soil erosion, the department of water administration shall report thereon to the people's government at or above the county level for a decision to order a rectification within a 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 in the course of construction or production and fails to carry out rehabilitation may, in light of the harmful consequences thus entailed, be punishable with a fine or be instructed to suspend its business for purposes of rehabilitation; the responsible persons concerned shall be subjected to administrative penalties by the unit to which they belong or by the competent departments at higher levels.
The imposition of a fine shall be subject to a decision by the people's government at the county level on a report submitted by the department of water administration under the people's government at the county level.
The decision on ordering the suspension of business for purposes of rehabilitation shall be made by the people's government at the municipal or county level; the suspension of business for purposes of rehabilitation for an enterprise or institution directly under the Central Government or a people's government at the provincial level shall be reported to the State Council or the provincial people's government for approval.
Any individual who engages in mining causes soil erosion and fails to carry out rehabilitation shall be punished in accordance with the provisions of the preceding two paragraphs.
Article 37
Whoever hinders, by use of violence or threat, the performance of duty by personnel in charge of supervision over water and soil conservation according to law shall be investigated for criminal liabilities according to law; those who refuse to accept or hinders the performance of duty by personnel in charge of supervision over water and soil conservation, but without resorting to violence or use of threat, shall be punished by the public security organ in accordance with the Regulations on Administrative Penalties for Public Security.
Article 38
If any party is not satisfied with the decision on administrative penalties, it may, within 15 days after the receipt of the notice of penalties, apply for reconsideration to the organ at the next higher level over the one that has made the decision. The party may also directly bring a suit before a people's court within 15 days after the receipt of the said notice.
The reconsideration organ shall, within 60 days after the receipt of the application for reconsideration, make a reconsideration decision. If the party concerned is not satisfied with the reconsideration decision, it may, within 15 days after the receipt of the reconsideration decision, bring a suit before a people's court. If the reconsideration organ fails to make a reconsideration decision within the time limit, the party may, 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 brings a suit to a people's court within the time limit, nor complies with the decision on penalties, the organ that has made the decision may apply to a people's court for compulsory enforcement.
Article 39
Any individual or unit that causes damage from soil erosion shall bear the responsibility of removing the damage, and shall compensate the units and individuals that have directly suffered the damage.
Any dispute over the liability or amount of compensation may, upon the request by a party, be dealt with by the department of water administration; if the party is not satisfied with the decision thus made, it may bring a suit before a people's court. The party may also directly bring a suit before a people's court.
In case of natural disasters beyond the capacity of man, if damage from soil erosion cannot be avoided despite of taking reasonable measures promptly, the individual or unit concerned shall be exempted from liability.
Article 40
In case a person in charge of supervision over water and soil conservation derelicts his or her duty or abuses his or her power and thus causes losses to the public property or the interests of the State and the people, administrative penalties shall be meted out by the unit to which the offender belongs or by the competent department at a higher level; if the offense constitutes a crime, the offender shall be investigated for criminal liability according to law.
Chapter VI Supplementary Provisions
Article 41
The State Council shall formulate the rules for the implementation in accordance with this Law.
The standing committees of the people's congresses of the provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with this Law and in the light of the respective local conditions, formulate measures 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 Conservation promulgated by the State Council on June 30, 1982 shall be annulled simultaneously.
