The "Land Reclamation Regulations" were implemented by the State Council on January 1, 1989, with ***26 articles. The main contents are:

①Principles of land reclamation. Land reclamation follows the principle of “whoever destroys it will reclaim it”. Land-using units and individuals bear the obligation of land reclamation, and land reclamation costs can be included in capital construction investment or production costs. At the same time, land reclamation also adopts the policy of "whoever reclaims the land benefits", and those who reclaim the land have priority in obtaining land use rights. If there are no conditions for reclamation or the reclamation does not meet the requirements, land reclamation fees must be paid. Reclaimed land should be given priority for agriculture.

②Planning and implementation of land reclamation. Land reclamation planning is an integral part of the overall land use plan and is formulated and implemented by relevant industry management departments. Its basic task is to determine the reclamation methods, measures and uses of the reclaimed land based on economically reasonable principles, natural conditions, and land damage conditions. The purpose of land reclamation should be determined when formulating the reclamation plan. When implementing reclamation, waste from neighboring enterprises should be fully utilized to fill the damaged areas, subsidence areas and underground goaf areas. National regulations on land reclamation stipulate that: However, the use of waste as land reclamation filling material cannot cause new pollution to the land and environment. Land reclamation standards are determined by the land management department in conjunction with relevant industry management departments. There are generally three different types of reclamation standards: approaching the natural suitability and land productivity level before destruction; transforming it into another land resource with new suitability through reclamation; restoring vegetation and protecting its environmental functions. The land after reclamation must be inspected and accepted by the land management department of the local people's government at or above the county level in conjunction with relevant industry departments. Only when it meets the reclamation standards can it be delivered for use.

③ Regulations on land rights and income distribution after land reclamation. a. Collectively owned land destroyed by an enterprise in the process of production and construction shall be requisitioned by the state if its ownership cannot be restored to its original use or if it needs to be used for national construction after reclamation; the original use cannot be restored after reclamation, but the original collective economy If you are willing to retain it, you do not need to implement state requisition; if it can be restored to its original use after reclamation, but if it is not needed for national construction, state requisition will not be implemented. b. If the state-owned land or land requisitioned by the state that is destroyed by the enterprise in the process of production and construction is reclaimed with the enterprise's own funds or loans, it will be used by the enterprise after the reclamation; if the enterprise adopts contracting or fund-raising methods for reclamation, the enterprise shall respond The other party to the contract or fund-raising agreement shall pay appropriate compensation. According to the planning and design, the land that the enterprise does not need to use or the land that has not been used for more than two consecutive years after reclamation without the consent of the local land administration department shall be used by the local people's government at or above the county level as a whole. c. If the state-requisitioned land destroyed during the production and construction process is reclaimed and the land ownership is changed in accordance with the law, the transfer registration procedures must be completed in accordance with relevant state regulations.

Article 1 These regulations are formulated in order to strengthen land reclamation work, rationally utilize land, and improve the ecological environment.

Article 2 The term “land reclamation” as mentioned in these regulations refers to taking remediation measures to restore land that has been damaged due to excavation, collapse, occupation, etc. during the production and construction process to restore it to a viable state. Activities available for utilization. Article 3 These regulations apply to enterprises and individuals (hereinafter referred to as enterprises and individuals) that cause land damage due to mining of mineral resources, brick making, coal-fired power generation and other production and construction activities. Article 4 For land reclamation, the principle of reclamation shall be applied to those who destroy it. Article 5 No department, unit or individual may obstruct land reclamation work. Article 6 The land management departments of the people's governments at all levels are responsible for the management, supervision and inspection of land reclamation work in their respective administrative regions. Planning management departments at all levels are responsible for the comprehensive coordination of land reclamation; relevant industry management departments are responsible for the formulation and implementation of land reclamation plans for their own industries. Article 7 Land reclamation planning shall be coordinated with the overall land use plan. When formulating land reclamation plans, relevant industry management departments should determine the land use after reclamation based on economically reasonable principles, natural conditions and the state of land damage. Within urban planning areas, land use after reclamation shall comply with urban planning. Article 8 Land reclamation shall be planned in a unified manner with production and construction. Enterprises with land reclamation tasks should incorporate land reclamation indicators into production and construction plans, and implement them after soliciting the opinions of the local land management department and obtaining approval from the industry management department. Article 9 For construction projects with land reclamation tasks, the feasibility study report and design brief shall include the content of land reclamation; the design document shall have a chapter on land reclamation; and the process design shall take into account the requirements of land reclamation. If the construction unit violates the provisions of the preceding paragraph, the land management department shall not approve the construction land when examining and approving it. Article 10 Land reclamation shall make full use of waste from neighboring enterprises to fill the damaged areas, subsidence areas and underground goaf areas. For the use of waste for land reclamation and the dumping of waste in designated land reclamation areas, neither the party that owns the waste nor the party that owns the land reclamation area may charge fees to the other party. The use of waste as fill material for land reclamation should prevent new pollution. Article 11 The reclaimed land can only be delivered for use after it meets the reclamation standards and has been inspected and accepted by the land management department in conjunction with the relevant industry management departments. Reclamation standards shall be determined by the land management department in conjunction with relevant industry management departments.

Article 12 Collectively owned land destroyed by enterprises (excluding rural collective enterprises and private enterprises) during production and construction shall be dealt with separately according to the following circumstances: (1) It cannot be restored to its original use or needs to be used for national construction after reclamation , shall be requisitioned by the state; (2) If the original purpose cannot be restored after reclamation, but the original collective economic organization is willing to retain it, the requisition by the state does not need to be implemented; (3) If the original purpose can be restored after reclamation, but it is not needed for national construction, it shall not be requisitioned by the state. Implement state expropriation. Article 13 Land destroyed during production and construction can be reclaimed by enterprises and individuals themselves, or contracted for reclamation 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 a contract. Land reclamation costs should be reasonably determined based on the degree of land damage, reclamation standards and reclamation project volume. Article 14 Enterprises and individuals shall, in addition to being responsible for land reclamation, pay compensation for land loss to the unit that suffered the loss of state-owned land used by other units or collectively owned land that is not expropriated by the state. Compensation for land loss is divided into compensation for the loss of cultivated land, compensation for the loss of forestry and compensation for the loss of other land. Compensation for the loss of cultivated land is calculated based on the average annual output of the three years before the actual loss of production. Enterprises and individuals shall pay corresponding loss compensation year by year based on the actual losses caused in each year; collective economic organizations contract to reclaim their original land , the compensation period shall be determined according to the reasonable construction period stipulated in the contract. Compensation for loss of other land shall be determined in accordance with the above principles. Compensation standards for losses of ground attachments shall be stipulated by provinces, autonomous regions, and municipalities directly under the Central Government. Article 15 The specific amount of compensation for land loss shall be agreed upon by the enterprise or individual who destroyed the land and the unit that suffered the loss in accordance with the principles established in Article 14; if an agreement cannot be reached, the local land management department shall work together with the relevant industry management departments to make a decision. processing decisions. If the party concerned is dissatisfied with the decision on the amount of compensation for land loss, he may file a lawsuit with the People's Court within 15 days from the date of receiving the decision. Article 16 For land damaged during capital construction, land reclamation costs and land loss compensation fees shall be disbursed from capital construction investment. For land destroyed in the production process, land reclamation costs will be deducted from the enterprise's renewal and transformation funds and production development funds; if it is directly used for capital construction after reclamation, the land reclamation costs will be deducted from the capital construction investment; by If the land is requisitioned by the state and can be repaid with the proceeds from reclamation, the land reclamation costs can also be raised by raising funds or borrowing from banks. For land that is damaged during production and is not requisitioned by the state, land loss compensation may be included in the production cost or included in installments. Article 17 If the land requisitioned by the state that is destroyed during the production process is reclaimed by the enterprise with its own funds or loans, it will be used by the enterprise after reclamation; the land that the enterprise does not need to use according to the planning and design or has not been approved by the local land management department It is agreed that the use of land that has not been used for more than two consecutive years after reclamation shall be arranged by the local people's government at or above the county level. If an enterprise uses contracting or fund-raising methods to carry out reclamation, the land use rights and income distribution after reclamation shall be determined in accordance with the time limit and conditions agreed in the contract contract or fund-raising agreement; if it is recovered in advance due to the needs of national production and construction, the enterprise shall make a right to the contract or the fund-raising agreement. The other party to the fund-raising agreement shall pay appropriate compensation. Land that is destroyed during the production process and is not requisitioned by the state will still be used by the original collective economic organization after reclamation. Article 18 If the state-requisitioned land damaged during production and construction is reclaimed and the land use rights are changed in accordance with the law, the transfer registration procedures must be completed in accordance with relevant state regulations. Article 19 The state encourages production and construction units to give priority to the use of reclaimed land. If the reclaimed land is used for agriculture, forestry, animal husbandry, and fishery production, agricultural taxes will be reduced or reduced in accordance with relevant national regulations; if the land is used for infrastructure construction, preferential treatment will be provided in accordance with relevant national regulations. Article 20 Enterprises and individuals that fail to perform their land reclamation obligations or fail to perform their land reclamation obligations as required by regulations shall be ordered by the land management department to make corrections within a time limit; if they fail to make corrections within the time limit, the land management department shall, according to the circumstances, impose a fine of between 200 yuan and 100 yuan per mu per year. Thousand yuan fine. For enterprises and individuals that fail to make corrections within the time limit, the land management department may not accept applications for new production and construction land. Fines are paid from the enterprise’s after-tax retained profits and turned over to the state treasury in accordance with national regulations. Article 21 If a party is dissatisfied with the fine decision made by the land management department, he or she may, within fifteen days from the date of receiving the notice of fine, apply for reconsideration to the superior authority of the land management department that made the fine decision; if the party is not satisfied with the reconsideration decision, If the decision is reconsidered, the case may be brought to the People's Court within 15 days from the date of receipt of the reconsideration decision. The party concerned may also file a lawsuit directly with the People's Court within fifteen days from the date of receiving the notice of fine. If the party concerned does not apply for reconsideration or bring a lawsuit to the People's Court upon expiration of the time limit and does not implement the fine decision, the land management department that made the fine decision shall apply to the People's Court for enforcement. Article 22 Anyone who disrupts or hinders land reclamation work or damages land reclamation project equipment and violates the "Regulations on Public Security Administration Penalties of the People's Republic of China" shall be subject to public security administration penalties by the local public security organs; if it constitutes a crime, he shall be punished by The judicial authorities shall investigate criminal liability in accordance with the law.

Article 23 If a state functionary responsible for land reclamation management neglects his or her duties or engages in malpractice for personal gain, he or she shall be subject to administrative sanctions by his/her unit or the superior authority; if a crime is constituted, criminal liability shall be investigated by the judicial authorities in accordance with the law. Article 24 The people's governments of each province, autonomous region, and municipality directly under the Central Government may formulate implementation measures based on these regulations and in combination with the actual conditions of the region. Article 25 The State Land Administration Bureau is responsible for the interpretation of these regulations. Article 26 These regulations shall come into effect on January 1, 1989.