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深圳市人民代表大会常务委员会关于加强农业保护区管理的若干规定 Some Stipulations of the Standing Committee of the Shenzhen Municipal People’s Congress on Strengthening of the Administration of Agricultural Protection Zones

2006-05-12 17:00   我要纠错 | 打印 | 收藏 | | |

(Adopted at the Eighth Meeting of the Standing Committee of the Second Shenzhen Municipal People‘s Congress on May 29, 1996, promulgated on June 10, 1996)

颁布日期:19960610  实施日期:19960610  颁布单位:深圳市人大常委会

  Article 1 In order to truly improve the people‘s living standard and strengthen the administration of agricultural protection zones, these stipulations are hereby formulated in accordance with Law of the People’s Republic of China on Agriculture, Law of the People‘s Republic of China on Land Administration and other related laws, regulations, and in the light of the practical conditions of this city’s agriculture.

  Article 2 The agricultural protection zones referred to in these stipulations shall mean the areas which have been designated for agricultural production only and should be reserved for ever, including the land for vegetables, aquatic farming, fruit, livestock husbandry, agricultural research and other land for agriculture.

  Article 3 The administrative departments of the municipal, district people‘s governments in charge of agriculture (hereinafter referred to as the departments of agriculture) are responsible for the construction and day-to-day administration of agricultural protection zones, the municipal department of land administration shall be responsible for planning and protecting of agricultural protection zones.

  The departments of planning, finance, construction, water affairs, environmental protection, etc. shall conduct the administration of agricultural protection zones appropriately within their respective scopes of duties.

  The district, township people‘s governments and their related departments shall be responsible for the administration of agricultural protection zones within their respective jurisdictions.

  Article 4 The people‘s governments at various levels shall give priority to the administration of agricultural protection zones, bring the administration of agricultural protection zones into the scope of achievement assessments of the related chief executive officers at various levels, and put in practice a responsibility system of three-level chief executive officers of the municipality, districts, and townships.

  Every year, the administration of agricultural protection zones shall be reported by the municipal, district people‘s governments to the standing committees of the people’s congresses at the same levels and by the township people‘s governments to the presidiums of the people’s congresses at the same level as well.

  Article 5 The total area of agricultural protection zones shall be no less than 300,000 mu. The land for vegetables in the agricultural protection zones shall be no less than 50,000 mu, and the land for aquatic farming shall be no less than 60,000 mu.

  The municipal people‘s government shall make an overall plan of the agricultural protection zones and formulate the corresponding maps and rules, report them to the standing committee of the municipal people’s congress for deliberation and put them into execution after adoption.

  Article 6 The municipal department of agriculture shall, on the basis of the overall plan of the agricultural protection zones, cooperate with the municipal department of land administration in delimiting the actual boundaries of the agricultural protection zones after survey, setting up marks, registering them on the books, and bringing them into line with the city‘s overall plan and regional planning.

  Article 7 Any unit and individual shall not change without authorization or occupy a designated agricultural protection zone. If the occupation is indeed necessary for infrastructure construction, an application shall be filed to the municipal department of land administration and reported to the standing committee of the municipal people‘s congress for record after the municipal department of agriculture has signed an opinion and the municipal people’s government has approved it.

  Article 8 If land for farming purposes within an agricultural protection zone has been changed into the land for non-farming purposes after approval, it shall be developed according to a prescribed time limit.

  Article 9 If initiating a construction project will damage the original water conservancy facilities and other facilities or affect the use of these facilities, the repair and restoration of the related facilities shall be listed as part of the accessory project of the construction.

  If a land-use unit has failed to repair and restore the water conservancy facilities and other facilities within an agricultural protection zone which are damaged or whose utilizable functions are affected, the aggrieved party shall have the right to claim the repair and restoration by a deadline and the compensation for the actual loss caused by the damage.

  Article 10 The departments of agriculture at various levels shall conscientiously have construction well done within agricultural protection zones, establish a system to recover soil fertility, increase and improve agricultural infrastructures, and enhance the capability of land for farming purposes to fight natural disasters.

  All units and individuals undertaking agricultural production and operation within the agricultural protection zones shall commit to the obligations of construction and conservation of land for farming purposes, preserve and improve the land in terms of cultivation.

  Article 11 In case of change of the land for farming purposes into the land for non-farming purposes after approval, what is insisted on as a principle shall be that compensation should be made first before occupation, a land-use unit shall provide the new land for the same kind of agricultural production. In case of occupation of the land for vegetables and aquatic farming, the area of the land for compensation shall be 1.5 times of that of the occupied land; in case of occupation of other agricultural land, the area of the land for compensation shall be equivalent to that of the occupied land. The productive conditions of the newly provided land shall be as good as those of the occupied original land; if the productive conditions are worse than the original ones, construction funding shall be provided to improve the productive conditions so as to reach the level of the original ones.

  If there is indeed no way for a unit to provide the new land for farming purposes as a follow-up of occupying a small area of land for farming purposes after approval, the unit shall, in addition to making a payment for land compensation, pay 15 RMB per square meter as a contribution to the fund for cultivation and restoration of agricultural land, and also pay 80-100 RMB per square meter of actually used land to the construction funds of protection zones.

  Article 12 The construction funds of agricultural protection zones shall be set up at the municipal and district levels. The main sources of the funds shall be:

  the governments‘ financial revenue;

  the fund for cultivation and restoration of agricultural land;

  the payments made to the construction funds of agricultural protection zones by those occupying the land in the agricultural protection zones;

  the income from the related fines and other incomes;

  other funds as an input.

  Article 13 The construction funds of agricultural protection zones shall be used

  as special funding for the development and restoration of agricultural land resources, infrastructure construction in the agricultural protection zones, and construction and maintenance of accessory facilities.

  The measures on the administration of the funds shall be formulated by the municipal people‘s government separately.

  Article 14 The people‘s governments at various levels and the related departments shall energetically support the development and construction of the agricultural protection zones, carry out preferential policies for the projects of agricultural production within the agricultural protection zones according to the related rules.

  Article 15 The people‘s governments at various levels shall give commendations and awards to those units and individuals distinguishing themselves by the achievements in carrying out these stipulations.

  Article 16 In case of violation of these stipulations by undertaking non-agricultural construction and development within an agricultural protection zone, the municipal department of land administration shall order dismantling and removing by a deadline, restoring productive conditions, and impose a fine of 50-80 RMB per square meter of the actually occupied land.

  Article 17 In case of violation of these stipulations by damaging or changing without authorization the protective marks of an agricultural protection zone, the municipal department of land administration shall order to restitute the original state or to compensate for the corresponding repair and restoration, and impose a fine of 800-1,000 RMB.

  Article 18 It shall be forbidden to build kilns, houses, tombs or to excavate sands, quarry stones, mine, remove soil in an agricultural protection zone.

  In case of violation of the preceding section, the municipal department of land administration shall order to restitute the original state by a deadline and compensate for economic losses, and impose a fine of 30-40 RMB per square meter of the actually occupied land.

  Article 19 It shall be forbidden to let the land for farming purposes lie idle, go out of cultivation within an agricultural protection zone.

  In case of violation of the preceding section, a department of agriculture shall order to resume production by a deadline or take back from the land owner the right to produce and operate.

  Article 20 It shall be forbidden to discharge toxic, harmful waste water, waste gas to an agricultural protection zone and to pile solid wastes there.

  In case of violation of the preceding section, it shall be dealt with according to the related rules of Regulations of the Shenzhen Special Economic Zone on Environmental Protection.

  Article 21 Any unit and individual shall have the right to supervise, report, accuse of the acts which violate these stipulations and the laws, regulations related to the agricultural protection zones. Agricultural enterprises and agricultural land owners or users shall have the right to resist the acts of indiscriminately occupying and using the land of an agricultural protection zone for non-agricultural construction in violation of these stipulations and the related laws.

  Article 22 If the personnel of agricultural protection, construction, supervision, administration abuse power, neglect duties, practice favoritism and engage in irregularities, the units which they are affiliated with or the responsible offices at a higher level shall impose administrative sanctions; if a crime has been constituted, the criminal responsibility shall be ascertained according to law.

  Article 23 If a party concerned refuses to accept an administrative sanction imposed by a related department at the district level, an application for administrative review may be filed to a responsible department at a higher level within 15 days from the date of receiving the notice of decision on the administrative sanction; in case of refusal to accept an administrative sanction imposed by a related department at the municipal level, an application for administrative review may be filed to the administrative review office of the Shenzhen Municipal People‘s Government within 15 days from the date of receiving the notice of decision on the administrative sanction. If the party concerned refuses to accept the review decision, a legal action may be taken at the people’s court within 15 days from the date of receiving the review decision. The party concerned may also directly take legal action at the people‘s court within 15 days from the date of receiving the notice of decision on the administrative sanction.

  Article 24 These stipulations shall take effect as of the date of promulgation.

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