Article 1 In order to implement the Regulations on Land Reclamation issued by the State Council, these Measures are formulated in light of the actual situation of this province. Article 2 Land damage caused by any of the following circumstances must be reclaimed in accordance with the Regulations on Land Reclamation (hereinafter referred to as the Regulations) and these Measures:

(a) Land directly damaged by excavation, sand control, quarrying and mining;

(2) Land that has caused or may cause ground subsidence due to underground mining;

(3) Wastes discharged by industrial and mining enterprises, abandoned buildings and land occupied by urban garbage dumps;

(four) abandoned land for water conservancy projects, railways, highways, homesteads and closed or relocated enterprises;

(five) land that cannot be cultivated because of serious pollution caused by industrial sewage discharge;

(six) land that has caused serious desertification, salinization and soil erosion due to production and construction;

(seven) other land destroyed by production and construction. Article 3 The land administration departments of the people's governments at all levels shall be responsible for the unified management, supervision and inspection of land reclamation within their respective administrative areas. Its specific responsibilities are:

(a) the preparation of the administrative area of land reclamation planning, annual plan and organize their implementation;

(two) to examine and approve the reclamation design scheme and reclamation feasibility study report in construction projects, and supervise the implementation;

(three) to investigate and register the land that needs to be reclaimed within the administrative area;

(four) in conjunction with the relevant departments to identify the damaged land;

(five) in conjunction with the relevant departments to develop land reclamation standards and organize reclamation acceptance;

(six) to determine the ownership of reclaimed land;

(seven) responsible for the management of land reclamation costs and the arrangement of reclamation projects.

Planning and management departments at all levels are responsible for the comprehensive coordination of land reclamation. Relevant industry management departments are responsible for the formulation and coordination of land reclamation planning in this industry. Fourth land reclamation projects approved by the land management department, can take the following ways:

(1) Land destruction caused by reclamation by units or individuals;

(2) Reclamation of other units or individuals by units or individuals that cause land damage;

(3) Land reclamation fees shall be paid by units or individuals that cause land damage, and land reclamation shall be organized by land management departments at or above the county level. Fifth units or individuals to reclaim land, must declare the land reclamation design scheme, in accordance with the provisions of article seventh of the examination and approval authority for approval by the land management department before implementation.

If it is contracted to other units or individuals for reclamation, a contract agreement shall be signed under the auspices of the land management department at or above the county level. Sixth mines, power generation and other enterprises can not reclaim their own land, they should pay land reclamation fees according to the area, degree and reclamation standards of land damage. See the attached table for specific standards.

In the process of production and construction, if the basic farmland is occupied or excavated, the basic farmland construction fund shall be paid in accordance with the provisions of the Regulations on the Protection of Basic Farmland in Shanxi Province in addition to the cultivated land reclamation fee. Land that is not included in basic farmland will be levied per 667 square meters of damaged area 1500 yuan.

Large enterprises are levied by provincial land management departments; Medium-sized enterprises are levied by local and municipal land management departments; Small enterprises and individual industrial and commercial enterprises shall be levied by the land management departments at the county level.

Land reclamation fees shall be deposited in special financial accounts, earmarked for special purposes and uniformly included in the management of extra-budgetary funds. Specific measures for financing, collection, use and management shall be formulated by the Provincial Department of Finance and the Provincial Bureau of Land Management. Article 7 The land reclamation design scheme shall be examined and approved in accordance with the following provisions:

(a) large enterprises approved by the provincial land management department;

(two) medium-sized enterprises by the local (city) land management department for examination and approval;

(three) small enterprises and individual industrial and commercial enterprises approved by the county land management department. Article 8 Where the unit or individual responsible for the land destroyed before the implementation of these Regulations cannot be determined, the local county-level land management department shall organize the unit or individual with reclamation ability to reclaim it, and determine the land use right and issue the land use certificate according to the principle of whoever reclaims, uses and benefits under the premise of unchanged ownership. Ninth new projects with reclamation tasks shall, before being submitted to the planning department for examination and approval, prepare the land reclamation design scheme and feasibility study report in accordance with the provisions, and report to the land management department for examination and approval in accordance with the provisions of Article 7 of these Measures.

If a construction project with land as its investment has a reclamation task, the land reclamation clause must be stipulated in the investment agreement. Tenth production and construction units with reclamation tasks must raise enough reclamation funds according to the provisions of the Regulations. Eleventh any unit or individual that causes land damage shall, in addition to reclamation, pay compensation for land loss to the unit or individual that suffered the loss.

Land loss compensation standards shall be handled in accordance with the provisions of Article 15 of the Regulations.

The compensation measures for the loss of ground attachments shall be handled in accordance with the provisions of the provincial people's government. Twelfth production and construction units occupy collectively owned land, which can be restored to its original use after occupation, but it is not necessary to requisition it, but it should go through the formalities of temporary land use according to law and be responsible for compensating the economic losses caused to the land owners or users during the occupation period.

If the land requisitioned and occupied by the production and construction unit can reach the quality of the land owned by the adjacent collective after reclamation, it can be exchanged with the land owned by the adjacent collective with the approval of the people's government at the county level.