How much do you know about temporary land use rules?

Recently, the Ministry of Natural Resources issued a new policy of temporary land use management and issued the "Notice on Regulating Temporary Land Management". Compared with the past, this document has many new regulations for temporary land use. Below, the small trial will take you to sort out.

What is temporary land?

Temporary land has the characteristics of temporary and recoverable. It has nothing to do with construction project construction and geological exploration. After use, it cannot be restored to the place of place or reinstatement for the use of land for use. Temporary land shall not be used.

What are the provisions of temporary land?

Construction project construction. It mainly includes temporary office and living houses that directly serve the construction personnel during the construction of the construction project, including temporary office houses, living rooms, sheds, etc., and the projects that directly serve the project construction, including self -use projects, including Agricultural land -oriented soil peeling off the stacking yard, material stacking yard, beam making, mixing station, steel processing plant, construction lane, transportation lane, ground line erection, underground pipeline laying operation, as well as infrastructure projects such as energy, transportation, water conservancy and other infrastructure projects Land farms, abandoned soil (slag) field, etc.

Geological Prospecting. It mainly includes mineral resource exploration, engineering geological exploration, hydrogeological geological exploration, etc., during the exploration period, temporary living rooms, temporary work sheds, exploration operations and its auxiliary engineering, construction lanes, transportation trails, etc. Land used by drilling and supporting facilities in the field, supporting pipelines, electricity facilities, roads, and other supporting facilities.

Rescue disaster relief and epidemic prevention and control. Article 21 of the Implementation Regulations of the Land Management Law stipulates that if the land is urgently needed to use land such as rescue and control and prevention and control, the land may be used first. Among them, if it is temporary land, it should be used to restore the original state and submit the use of land users to use it, and will no longer go through the approval procedures for land use; if it is a permanent construction land, the construction unit shall apply within six months of the end of the emergency response work. Approval procedures for construction land.

Archaeological and cultural relics protection. On March 8, 2021, the "Guiding Opinions on Strengthening the Protection of History and Cultural Heritage in Land and Space Planning and Implementation in the Planning of Land and Space" issued by the Ministry of Natural Resources and the State Cultural Relics Bureau proposed: archaeological and cultural relics protection construction sites construction, temporary cultural relics protection facilities, and protection facilities,, If construction site safety facilities and logistics facilities can be managed according to temporary land use.

What is the period of temporary land use?

Temporary land use periods generally do not exceed two years. The construction cycle of energy, transportation, water conservancy and other infrastructure construction projects with a long construction cycle shall not exceed four years. The period for the planning permit for temporary construction land in the urban development border and the planning permit for temporary construction projects shall be connected with the temporary land period. Temporary land use period is calculated from the date of approval.

What are the provisions of temporary land approval?

The approval authority has changed. Earlier, the temporary land was approved by the county -level natural resources department, and some places were approved by the county -level comprehensive administrative examination and approval bureau. The new regulations are: the county (city) natural resource authority is responsible for temporary land approval, which involves occupying arable land and permanent basic farmland, shall be approved by the competent natural resources authorities at or above the municipal level. Do not set up temporary land approval rights or entrust relevant departments to exercise approval rights.

Can be merged for approval. Those who use temporary land in the urban development boundary can apply for a temporary construction land planning permit and temporary land approval. Those with conditions can also apply for temporary construction engineering planning permits at the same time, and issue relevant approval documents. Provide the following application information: (1) temporary land application form; (2) temporary land contract; (3) project construction basis documents; (4) land reclamation plan report form; (5) land ownership materials; (6) Surveying fixed -bound materials; (7) Land use status photos and other necessary materials.

Punishment of temporary land illegal acts

Article 52 of the "Regulations on Implementation of the Land Management Law": In violation of the provisions of Article 57 of the Land Management Law, the construction of permanent buildings on the temporary land shall be built on the temporary land. The competent resource authority ordered a fine of more than 5 times the land reclamation fee of less than 5 times the land reclamation fee of the occupied area; if the overdue does not demolish, the authorities that make administrative decisions apply for the people's court for compulsory enforcement. Article 56 of the "Regulations on the Implementation of the Land Management Law": If the reclamation or the cultivation conditions are not restored within one year from the expiration of the temporary land use period, the natural resource authorities of the people's government at or above the county level shall order correction within a time limit. In accordance with the provisions of Article 76 of the Land Management Law, the competent department of the natural resources of the people's governments at or above the county level and the competent agricultural and rural authorities will complete the reclamation or recovery planting conditions on behalf of the agricultural and rural authorities. For temporary construction without approval; temporary construction without the content of the approval; temporary buildings and structures are not demolished than the approval period. It can be ordered to be demolished within a time limit in accordance with Article 66 of the Urban and Rural Planning Law, which can be punished and a fine.

(Source: Window of Natural Resources and Planning Bureau of Municipal Government Service Center)

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