If it is directly used for capital construction after reclamation, the land reclamation cost shall be paid from the capital construction investment.
If the land is expropriated by the state, it can be repaid with the proceeds after reclamation, and the land reclamation cost can also be raised by raising funds or lending to banks.
For the land destroyed in the production process but not expropriated by the state, the compensation for land loss can be included in the production cost or in stages.
Land reclamation regulations
Article 38 If the obligor for land reclamation fails to incorporate the land reclamation cost into the production cost or the total investment of the construction project in accordance with the provisions, the competent department of land and resources of the local people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of 654.38+10,000 yuan and 500,000 yuan shall be imposed.
Article 39 If the obligor for land reclamation fails to peel off the damaged topsoil of cultivated land, forest land and grassland in accordance with the provisions, the competent department of land and resources of the local people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of RMB 0,000 per hectare shall be imposed according to the land area where the topsoil should be stripped.
Article 40 Where a land reclamation obligor uses heavy metal pollutants or other toxic and harmful substances as backfill or filling materials, the competent environmental protection department of the local people's government at or above the county level shall order him to stop the illegal act, take control measures within a time limit, eliminate the pollution, and impose a fine of 654.38 million yuan to 500,000 yuan; If no control measures are taken within the time limit, the competent department of environmental protection may designate a competent unit to take control on its behalf, and the expenses required shall be borne by the offender.
Forty-first land reclamation obligor fails to report the land damage, the use of land reclamation fees or the implementation of land reclamation projects in accordance with the provisions, and the competent department of land and resources of the local people's government at or above the county level shall order it to make corrections within a time limit; If no correction is made within the time limit, a fine of not less than 20 thousand yuan but not more than 50 thousand yuan shall be imposed.
Regulations on Land Reclamation in People's Republic of China (PRC)
The Regulations on Land Reclamation, adopted at the 22nd executive meeting of the State Council on June 30, 2000, are hereby promulgated and shall come into force as of June 30, 2000. It is a supporting law to implement the land management law. * * * Article 26 stipulates the meaning, scope of application, the principle of "whoever destroys will reclaim", management system, land reclamation planning, land reclamation requirements for construction projects, reclamation standards, acceptance and delivery of reclaimed land, etc. Formulate and implement land use plans to improve the ecological environment. The Regulations apply to enterprises and individuals engaged in mining mineral resources, firing bricks and tiles, coal-fired power generation and other production and construction activities that cause land damage.
References:
People's Republic of China (PRC) Ministry of Natural Resources
China fund newspaper Wu Lu
On June 5438+1October 65438+March 2023, official website, the CSRC, issued the Reply on Agreeing to Establish Schroeder Fund Managem