Black Land Protection Law of the People's Republic of China

(Release of rights) The Black Land Protection Law of the People's Republic of China

Xinhua News Agency, Beijing, June 24th.

Black Land Protection Law of the People's Republic of China

(The 35th meeting of the Standing Committee of the 13th National People's Congress of the 13th National People's Congress on June 24, 2022)

Article 1 In order to protect black land resources, steadily restore the basic land of black land, promote sustainable use of resources, maintain ecological balance, ensure national food security, and formulate this law.

Article 2 It is applied to this law for the protection, utilization and related governance, repair and other activities of black land. If this law does not stipulate, it is applicable to relevant laws such as land management.

The black land referred to in this Law refers to the relevant areas of Heilongjiang Province, Jilin Province, Liaoning Province, and Inner Mongolia Autonomous Region (hereinafter referred to as the four provinces).

Article 3 The state implements scientific and effective black land protection policies to ensure financial investment in the protection of black land, and comprehensively adopt measures such as engineering, agronomy, agricultural machinery, biological and other measures to protect the excellent production capacity of black land, ensure that the total black land is not reduced, functional and functions Unsupply, improvement of quality, and sustainable production capacity.

Article 4 Black land protection shall adhere to the principles of overall planning, adapting to local conditions, combining use of nourishment, recent targets with long -term goals, highlighting key points, and comprehensive policies, and establish and improve the protection mechanism for government -led, agricultural production and operators, and social participation.

The competent agricultural and rural departments of the State Council, in conjunction with the relevant departments of natural resources, water administration, etc., comprehensively consider the history of black land reclamation and the current status, as well as the thickness of the black soil layer, soil traits, soil types, etc. In principle, scientifically and reasonably determine the scope of black land protection and adjust it in a timely manner, and promote the protection of black soil in planning, step steps, and categories. In history, in addition to being unable to repair, in principle, it should be included in the scope of black land protection for repair and recovery.

Article 5 Black land shall be used in the production of agricultural products such as grain and oil crops, sugar crops, and vegetables.

Black earth with deep black soil layers and good soil traits should be classified into permanent basic farmland in accordance with the prescribed standards, focusing on grain production, strict protection, and ensuring long -term stability in quantity and quality.

Article 6 The State Council and the People's Government of the Fourth Provincial and Districts strengthen the leadership, organization, coordination, supervision and management of the protection of black land, and coordinate the formulation of black land protection policies. The people's governments of the four provinces and regions are responsible for the number, quality, and ecological environment in the administrative region.

Local people's governments at or above the county level shall establish a coordinated mechanism for the protection and coordination mechanism of agricultural rural areas, natural resources, water administration, development and reform, finance, and ecological environment, strengthen coordination guidance, clarify work responsibilities, and promote the implementation of black soil protection.

The township people's governments shall assist in organizing the implementation of black land protection, promoting the protection, governance, repairing and utilization measures for agricultural production and operators to promote the protection, governance, repair and utilization of its arable land, and urge agricultural production and operators to perform the obligations of black land protection.

Article 7 The people's governments at all levels shall strengthen the publicity and education of black land protection and raise the awareness of the black soil protection of the whole society.

Units and individuals who have made outstanding contributions in the protection of black land will be given commendation and rewards in accordance with relevant national regulations.

Article 8 The competent departments of the State Council, agricultural and rural areas, natural resources, and water administration departments in accordance with their responsibilities to formulate and improve the quality of black soil and other protection standards.

Article 9 The state establishes and improves the survey and monitoring system of black land.

When the natural resource authorities of the people's governments at or above the county level, they carried out investigations of the type, distribution, quantity, quality, quality, protection and utilization status of black land, and establishing black land files.

The competent authorities of the State Council, rural areas, water administration and other competent departments, in conjunction with the people's governments of the four provinces and regions, establish and improve the quality monitoring network of black land quality, strengthen the normalized monitoring of the situation of black soil, black soil layer thickness, water erosion, and wind erosion, and establish a dynamic change in quality of black soil land Database, and do a good job of information sharing.

Article 10 The people's governments at or above the county level shall incorporate the protection of black land into the national economic and social development plan.

The planning of land and space should fully consider the protection of black land and its surrounding ecological environment, and reasonably deploy various types of use land to facilitate the prevention and governance of water erosion and wind erosion of black soil.

The competent agricultural and rural departments of the people's governments at or above the county level, together with relevant departments based on investigations and monitoring, reflect the overall centralized continuous management, prepare the black soil protection plan, clarify the scope of protection, target tasks, technical models, guarantee measures, etc., to curb the degradation Trends, improve the quality of black soil, and improve the ecological environment of the black land. The county -level black soil protection plan shall be connected with the land and space planning, implement the specific plots of black land, and announce it to the society.

Article 11 The state takes measures to strengthen the construction of scientific and technological support for the protection of black land, and use the scientific and technological innovation of black land protection, governance, repair and utilization as a key area of ​​support; encourage colleges, scientific research institutions, and agricultural technology promotion institutions to carry out science and technology Cover. The people's governments at or above the county level shall encourage and support scientific research and scientific research and scientific research and scientific research and application of scientific research and scientific research results such as soil and water conservation, windproof sand, soil improvement, geomorphous fertilizer, and ecological protection.

Relevant arable land quality monitoring and protection and agricultural technology promotion agencies shall provide technical training and provide guidance services for the protection of agricultural production and operators.

The state encourages enterprises, colleges, vocational schools, scientific research institutions, scientific and technological groups, farmers' professional cooperatives, agricultural social service organizations, agricultural scientific and technological personnel and other technical services. The state supports international cooperation and exchanges with black land protection.

Article 12 The people's governments at or above the county level shall take the following measures to strengthen the construction of black land farmland infrastructure:

(1) Strengthen the construction of farmland water conservancy projects, improve the system of waterfields and dry land irrigation and arrangement;

(2) Strengthen the rectification of fields, restore the ditch to destroy cultivated land, and reasonably divide the suitable farming fields;

(3) Strengthen the construction of slope arable land and erosion of ditch and water conservation projects;

(4) Reasonable planning and building a road farming and production roads;

(5) Building farmland protective forests;

(6) Other black land protection measures.

Article 13 The people's governments at or above the county level shall promote the scientific farming system and take the following measures to improve the quality of black soil:

(1) Planting systems that combine rotation such as rotation such as local conditions, and promote moderate recreation in accordance with relevant national regulations;

(2) Promoting protection technologies such as farming, deep pine pine -plowing, deep pine and other protective farming techniques are promoted to promote appropriate agricultural machinery;

(3) Promote the method of returning the land coverage, crushing depth (flip), and abdominal transformation of straw coverage according to local conditions;

(4) Organize the implementation of soil measuring formula fertilizer, scientifically reduce the amount of fertilizer application, encourage the application of organic fertilizers, and promote soil biological improvement and other technologies;

(5) Promote green prevention and control technologies such as biotechnology or biological preparation prevention and treatment, scientifically reduce the use of chemical pesticides and herbicides, and reasonably use agricultural production such as agricultural film

(6) Improvement measures for other black land.

Article 14 The state encourages comprehensive measures to prevent and control the loss of soil and soil, prevent black soil soil erosion, land desertification and salt, and improve and repair the ecological environment of farmland.

The people's governments at or above the county level shall carry out corrosion governments, implement reinforcement protection of ditch ditch slopes, and organize the trench slopes and gutter shores of the corrosion of the gutter, and create plant protection bands or regions such as the river around the river, lakes and reservoirs. Take other measures to prevent the width of the corrosion of the groove and deepen.

The people's governments at or above the county level shall formulate a farmland protective forest construction plan in accordance with the principles of preventing, reasonable management and protection, and scientific layout in accordance with the principles of prevention, reasonable management and protection, and scientific layout, and organize farmland protective forests along farmland roads, ditch canals, etc. to prevent violations of natural laws. Farmers' protective forests can only be raised and updated to ensure that the protection of the forest function does not decrease.

The people's governments at or above the county level shall organize and carry out sand prevention and sand, strengthen the governance of desert and deserted land around the black land to prevent the sand of black land.

Article 15 The people's governments at or above the county level shall strengthen the protection of black land ecology and the protection and repair of forest land, grasslands, and wetlands around the black land, promote the governance of the deserted mountains, and enhance the natural ecosystems to cultivate water sources, maintain water and soil, wind and sand, and maintain diverse biological creatures Ecological functions such as sex, maintaining a natural ecological environment that is conducive to the protection of black soil.

Article 16 The county -level people's governments shall conduct scientific partitions in the black soil in their administrative areas in accordance with the actual situation of soil types and quality levels, climate characteristics, and environmental conditions based on the actual situation of soil types and quality levels, climate characteristics, and environmental conditions. The land quality improvement plan, which should be rationally adopted to protect, govern, repair and utilize fine measures according to local conditions.

Article 17 State -owned farms shall strengthen the protection of black land within the scope of its management, give full play to the role of demonstration, and accept supervision and inspection according to law.

Rural collective economic organizations, villagers 'committees, and villagers' groups shall submit packaging rural land in accordance with the law, and supervise the contractor to reasonably use and protect the black land in accordance with the use of the contract contract, and stop the contractor's damage to black land.

Rural collective economic organizations, agricultural enterprises, farmers' professional cooperatives, farmers, etc. should cherish and make reasonable use of black land, strengthen the construction of farmland infrastructure, and apply protective farming and other technologies according to local conditions. Measures to protect black land in accordance with the law.

Article 18 The producers, operators and users of agricultural inputs shall be recovered by the packaging and waste of agricultural input products such as pesticides, fertilizers, and agricultural films in accordance with the law, and the resource use or harmless treatment shall be discarded at will. Prevent black land pollution.

The county -level people's governments shall take measures to support agricultural inputs, waste recycling and resource use or harmless treatment of agricultural investment materials such as pesticides, fertilizers, and agricultural films.

Article 19 Units and individuals engaged in livestock and poultry breeding shall scientifically carry out the harmless treatment and resource utilization of livestock and poultry manure, focusing on the use of livestock and poultry manure to return to the nearby field, and promote the cycle of green planting in black land. Agricultural Development.

The people's governments at or above the county level shall support the harmless treatment and resource utilization of livestock and poultry manure.

Article 20 Any organization or individual shall not destroy black land resources and ecological environment. It is forbidden to steal, excavate, and illegally buy and sell black soil. The competent authorities of the State Council, in conjunction with agricultural rural areas, water administration, public security, transportation, market supervision and management and other departments, etc., shall establish and improve the protection and management system for the protection of black land resources, and improve the stolen, abuse, illegal trading of black soil and other damage to black land resources. , Comprehensive governance capacity of ecological environmental behavior.

Article 21 Construction projects shall not occupy black land; if they need to take up, they shall strictly approval according to law, and supplement the arable land with equivalent quality and quality.

If the construction project occupies black land, the soil of the farming layer shall be stripped of the soil of the farming layer in accordance with the prescribed standards. The peeling black soil should be used near the nearest cultivation of cultivated land and inferior cultivated land, governance of polluting cultivated land, high standard farmland construction, and land reclamation. The main body of the construction project shall formulate a re -use plan for peeling the black soil to report to the competent department of natural resources for the record. The specific measures are formulated by the people's governments of the four provinces. Article 22 The state establishes and improves the guarantee system for the protection of black land protection. The people's governments at or above the county level shall include black land protection funds into the budget at this level.

The state has increased the tilt of the bald land protection measures to make up for funds, and establishes long -term stable reward subsidy mechanisms.

Local people's governments at or above the county level shall use the protection of black land as a key area for land use rights in agricultural and rural investment, and increase investment.

National organizations carry out construction activities such as high -standard farmland, farmland water conservancy, soil and water conservation, sand prevention and sand control, farmland protective forests, land reclamation and other construction activities, and actively support the needs of black land protection in project funds. The county -level people's governments can coordinate the use of agricultural funds for the protection of black soil in accordance with relevant national regulations to improve the efficiency of financial funds.

Article 23 The state's incentive policies with a combination of maintenance and protection effects shall give bonus subsidies to agricultural production and operators who adopt black land protection and treatment and restoration measures in accordance with relevant national regulations.

Article 24 The state encourages economic cooperation methods such as funding support and establishing stable grain purchase and sales relationships with the four provinces and regions to participate in the protection of black land, and establish and improve the protection mechanism of cross -regional investment in black land.

Article 25 The state encourages social capital to invest in black soil protection activities in accordance with the principles of policy support, social participation, and market -oriented operations, and protects investors' legitimate rights and interests.

The state encourages insurance institutions to carry out black land protection related insurance business.

The state supports farmers' professional cooperatives and enterprises to establish a linkage mechanism and social service mechanism with farmers in various ways, develop moderately large -scale operations, promote the improvement of the quality of agricultural products, brand building and standardized production, and improve the efficiency of black land production.

Article 26 The State Council shall evaluate the implementation of the responsibility of the black land protection of the four provinces and regions, and incorporate the protection of black land into the target of the arable land protection.

Article 27 The natural resources, agriculture and rural areas, water administration and other relevant departments of the people's governments at or above the county level jointly carry out supervision and inspection of the protection and quality construction of black land in accordance with the law in accordance with the law.

Article 28 The people's governments at or above the county level shall report to the people's congress or its standing committee at the people at the same level, and accept supervision according to law.

Article 29: If the relevant departments such as agricultural and rural areas, natural resources such as the State Council, and local people's governments at or above the county level, and relevant departments have one of the following actions, they will warn the person in charge and other directly responsible persons who are directly responsible and other responsible persons who are directly responsible and other responsible responsible persons. , Remember or have a big deal; if the circumstances are heavier, a downgrade or dismissal is given; if the circumstances are serious, the fired punishment:

(1) Crossing, misappropriation, or failure to use black land protection funds in accordance with regulations;

(2) For the behavior of destroying the black land, it is found that or received the report that it was not investigated in time;

(3) Other behaviors that have suffered the duties of black land protection in accordance with the law, which leads to damage to the black land resources and ecological environment.

Article 30 If an illegal occupation or damage to the infrastructure of black land farmland, the agricultural rural areas, water administration and other departments at or above the county level or above the county level shall order illegal acts, restore the original state within a time limit, and pay more than three times the recovery fee.

Article 31 If the illegal use of the black land for non -agricultural construction shall be severely punished in accordance with the provisions of relevant laws and regulations such as land management.

In violation of laws and regulations, if the area of ​​black soil is reduced, quality decreased, functional degradation, or ecological environmental damage, it shall govern and restore and compensate for losses in accordance with the law.

Agricultural production operators have not fulfilled the obligation to protect the black soil. If they are still not corrected by criticism and education, they may not issue relevant subsidies for cultivated land protection.

Article 32 If the provisions of Article 20 of this Law, the stolen and indiscriminately digging black soil shall be severely punished in accordance with the provisions of relevant laws and regulations such as land management.

If illegal sale of black soil, the market supervision and management of the local people's governments at or above the county level, agricultural and rural areas, and natural resources shall be confiscated in accordance with the division of responsibilities to confiscate the illegal sale of black soil and illegal income, and shall be fined for more than 500 yuan per cubic meter; Knowing that it is illegally sold black soil, it is purchased, and the black soil purchased illegally is confiscated, and the value of the goods is more than three times the amount of the value of the goods.

Article 33 If the provisions of Article 21 of this Law, if the construction project occupies the soil that does not implement the soil where the black land is not diverse, the natural resource department of the local people's government at or above the county level shall be ordered. If a fine of less than 100 yuan; if the soil is not stripped for the soil of the farming layer in accordance with the prescribed standards, a fine of more than one hundred yuan per square meter per square meter.

Article 34 Anyone who refuses and hinders the protection and inspection of the protection of black land in accordance with the law shall be ordered by the relevant departments of the local people's government at or above the county level; if the refusal to correct it shall be fined 2,000 yuan to 20,000 yuan.

Article 35 If the black land pollution and the loss of soil and soil, they are punished in accordance with the provisions of relevant laws and regulations such as pollution prevention, soil and water conservation, and other relevant laws and regulations.

Article 36 If you violate the provisions of this Law and constitute a crime, criminal responsibility shall be investigated in accordance with the law.

Article 37 The protection of black soil, grassland, wetlands, rivers and lakes, etc., is suitable for the protection of the "Forest Law of the People's Republic of China", "The Prairm Law of the People's Republic of China", "Wetland Protection Law of the People's Republic of China", "The People's Republic of ChinaThe relevant laws such as the Water Law; if the law does not specify the stipulation of the stolen, abuse, and illegal trading of the black soil, the law shall be punished by reference to the provisions of Article 32 of the Law.Article 38 This law shall be implemented from August 1, 2022.

【Edit: Tian Boqun】

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