article 42 where land is damaged due to excavation, subsidence and occupation, land-using units and individuals shall be responsible for reclamation in accordance with relevant state regulations; If there are no conditions for reclamation or reclamation does not meet the requirements, land reclamation fees shall be paid to be used exclusively for land reclamation. Reclaimed land should be given priority to agriculture.

Interpretation This article is about land reclamation.

1. The so-called land reclamation refers to the activity of taking remediation measures to restore the land damaged by excavation, collapse and occupation in the process of production and construction to a usable state. According to the comprehensive analysis of the national survey of land resources to be developed and reclaimed and relevant typical surveys, there are about 6 million mu of land resources waiting to be reclaimed in the existing industrial and mining wasteland in China. Reclaiming farmland according to the proportion of 5% can increase the arable land by about 3 million mu nationwide. Land reclamation is another important measure to ensure the dynamic balance of total cultivated land in China. Therefore, this time, the Land Management Law was revised and this provision was added.

ii. land reclamation according to the principle of "whoever destroys it will reclaim it", the units and individuals that caused the land destruction shall undertake the obligation of land reclamation. Enterprises with land reclamation tasks should incorporate land reclamation indicators into production and construction plans; For construction projects with land reclamation tasks, the feasibility study report and design task book shall include the contents of land reclamation. The reclaimed land can be delivered only after it reaches the reclamation standard and is accepted by the land administrative department in conjunction with the relevant industry management departments. Land reclamation standards shall be determined by land administrative departments in conjunction with relevant industry management departments. Land reclamation can be done by the units and individuals that caused the damage themselves, or by other qualified units and individuals. When contracting for land reclamation, the rights and obligations of both parties shall be determined in the form of contract.

3. If the units and individuals that caused the land damage have no conditions to reclaim or the reclaimed land is unqualified after acceptance by the land administrative department, they shall pay the land reclamation fee. Among them, the land destroyed in the process of capital construction, land reclamation fees charged from the capital construction investment; Land destroyed in the production process, land reclamation fees charged from the enterprise renovation funds and production development funds. Land reclamation fees are earmarked for land reclamation, and no unit or individual may misappropriate them. At the same time, the reclaimed land should be given priority to agriculture. This is determined by the fact that the per capita arable land in China is small and the reserve resources of arable land are insufficient. If it is possible to reclaim cultivated land, it should be reclaimed as cultivated land first, so as to really increase the effective area of cultivated land.