Law of the People's Republic of China on Water and Soil Conservation

中华人民共和国主席 胡锦涛

December 25, 2010

Xinhua News Agency, Beijing, Dec. 25

 

Chapter I General rules

Article 1 This Law is enacted for the purpose of preventing and controlling soil erosion, protecting and rationally utilizing soil and water resources, mitigating disasters of water, drought and sand storms, improving the ecological environment and ensuring sustainable economic and social development。

Article 2 Soil and water conservation activities within the territory of the People's Republic of China shall be conducted in compliance with this Law。

The term "water and soil conservation" as used in this Law refers to the measures taken to prevent and control soil erosion caused by natural factors and man-made activities。

Article 3 In the work of soil and water conservation, the principles of prevention first, protection first, comprehensive planning, comprehensive treatment, adapting to local conditions, highlighting key points, scientific management and paying attention to efficiency shall be followed。

Article 4 People's governments at or above the county level shall strengthen unified leadership over the work of water and soil conservation, incorporate the work of water and soil conservation into the national economic and social development plans at the same level, arrange special funds for the tasks defined in the plans for water and soil conservation, and organize their implementation。

The state implements the target responsibility system for soil and water conservation and the system of evaluation, reward and punishment for local people's governments at all levels in key areas for soil erosion prevention and control。

Article 5 The department of water administration under The State Council shall be in charge of the work of soil and water conservation throughout the country。

The river basin management agencies established by the department of water administration under The State Council in the major rivers and lakes designated by the State (hereinafter referred to as river basin management agencies) shall, within their jurisdiction, undertake the supervision and management duties of water and soil conservation according to law。

The departments of water administration of the local people's governments at or above the county level shall be in charge of the work of soil and water conservation in their respective administrative areas。

Relevant departments of forestry, agriculture, land and resources under the people's governments at or above the county level shall, in accordance with their respective functions and duties, do a good job in the prevention and control of soil erosion。

Article 6 The people's governments at all levels and their relevant departments shall strengthen the publicity and education of water and soil conservation, popularize the scientific knowledge of water and soil conservation, and enhance the public's awareness of water and soil conservation。

Article 7 The State encourages and supports research in science and technology of water and soil conservation, raises the level of science and technology of water and soil conservation, popularizes advanced technology of water and soil conservation, and trains scientific and technical personnel of water and soil conservation。

Article 8 All units and individuals shall have the obligation to protect water and soil resources, prevent and control water and soil erosion, and shall have the right to report acts that damage water and soil resources or cause water and soil erosion。

Article 9 The State encourages and supports social forces to participate in the work of soil and water conservation。

Units and individuals that have made outstanding achievements in soil and water conservation shall be commended and rewarded by the people's governments at or above the county level。

Chapter II Planning

Article 10 Soil and water conservation plans shall be formulated on the basis of the results of soil and water loss investigations and the delineation of key prevention and management areas of soil and water loss, following the principles of overall coordination and classified guidance。

Article 11 The department of water administration under The State Council shall regularly organize a national soil erosion survey and publish the results of the survey。

The department of water administration of the people's government of a province, autonomous region or municipality directly under the Central Government shall be responsible for the investigation of soil erosion in its own administrative region and announce the results of the investigation, and shall submit the results of the investigation to the department of water administration under The State Council for the record before the announcement。

Article 12 People's governments at or above the county level shall, on the basis of the results of soil erosion investigations, delimit and announce key areas for soil erosion prevention and control。

Areas with greater potential risk of soil erosion shall be designated as key prevention areas for soil erosion;Areas with serious soil erosion shall be designated as key areas for soil erosion control。

Article 13 The contents of water and soil conservation planning shall include the status of water and soil erosion, the division of types of water and soil erosion, and the objectives, tasks and measures for prevention and control of water and soil erosion。

Soil and water conservation planning includes the overall deployment of the prevention and control of soil and water loss, the protection and rational use of soil and water resources in a basin or region, and the special deployment of soil and water conservation work or the prevention and control of soil and water loss in a specific region according to the overall deployment。

Water and soil conservation planning shall be coordinated with the overall plans for land use, water resources, urban and rural planning and environmental protection planning。

Opinions of experts and the public shall be sought in drawing up plans for soil and water conservation。

Article 14 The department of water administration of the people's government at or above the county level shall, in conjunction with the relevant department of the people's government at the same level, formulate a plan for soil and water conservation and submit it to the people's government at the same level or to the department authorized by it for approval。

Once approved, water and soil conservation plans shall be strictly implemented;Where an approved plan needs to be modified in light of actual conditions, it shall be submitted to the original approving authority for approval in accordance with the planning preparation procedures。

Article 15 Planning for infrastructure construction, mineral resources development, urban construction and construction of public service facilities，Water and soil erosion may be caused in the course of implementation，The planning organ shall put forward countermeasures and measures for the prevention and control of soil erosion in the planning，And solicit opinions from the water administration department of the people's government at the same level before submitting the plan for examination and approval。

Chapter Three prevention

Article 16 The local people's governments at various levels shall, in accordance with the plans for soil and water conservation, adopt such measures as sealing and protection and natural restoration, organize units and individuals to plant trees and grasses, expand the area covered by forests and grasses, conserve water sources, and prevent and alleviate soil erosion。

Article 17 Local people's governments at various levels shall strengthen the management of activities such as earth extraction, sand digging and stone quarrying, so as to prevent and alleviate soil erosion。

It is prohibited to engage in activities that may cause soil erosion, such as collecting soil, digging sand and quarrying stones in collapse and landslide danger areas and debris flow prone areas。The scope of hazardous areas for collapse and landslide and areas prone to debris flow shall be delimit and announced by the local people's governments at or above the county level。The delineation of landslide and landslide danger areas and debris flow prone areas shall be in line with the geological disaster prone areas and key prevention and control areas determined in the geological disaster prevention and control plan。

Article 18 In areas with serious soil erosion and fragile ecology, production and construction activities that may cause soil erosion shall be restricted or prohibited, and plants, sand hulls, crusts and lichens shall be strictly protected。

On the slopes and banks of erosion ditches, on both sides of rivers and around lakes and reservoirs, land owners, land-use rights holders or relevant administrative units shall build plant protection belts。Reclamation and development of plant protection belts are prohibited。

Article 19 The owner or user of water and soil conservation facilities shall strengthen the management and maintenance of water and soil conservation facilities, fulfill the responsibility of management and protection, and ensure the normal performance of their functions。

Article 20 Cultivation of crops on steep slopes above 25 degrees shall be prohibited。Where economic forests are planted on steep slopes above 25 degrees, the species of trees shall be scientifically selected, the scale shall be reasonably determined, and soil and water conservation measures shall be taken to prevent soil and water loss。

Provinces, autonomous regions and municipalities directly under the Central Government may, in accordance with the actual conditions of their respective administrative areas, prescribe gradients of less than 25 degrees for prohibited reclamation。The scope of land on steep slopes prohibited for reclamation shall be delimited and announced by the local people's governments at the county level。

Article 21 It is forbidden to destroy forests, destroy grass for reclamation and collect vegetables。It is prohibited to shovel sod, dig tree hoods or indiscriminate digging of cordyceps, licorice and ephedra in key areas for soil erosion prevention and control。

Article 22 The cutting of forest trees shall adopt reasonable methods and strictly control clear cutting;Water conservation forest, soil and water conservation forest, windbreak and sand fixation forest and other shelterbelts can only be felled in the nature of tending and renewal.Measures shall be taken to prevent soil and water loss in felling areas and logging paths, and timely reforestation shall be carried out after felling。

Where trees are cut in forest areas, measures for soil and water conservation shall be included in the cutting plan。After the approval of the cutting plan by the competent forestry department, it shall be supervised and implemented by the competent forestry department and the competent water administration department。

Article 23 Measures for water and soil conservation shall be taken for planting trees, tending young forests and planting Chinese medicinal materials on sloping land of five degrees or more。

In reclaiming barren slopes with slopes below five degrees or above that are prohibited for cultivation of crops, measures for water and soil conservation shall be taken。Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government in the light of the actual conditions of their respective administrative areas。

Article 24 The site selection and route selection of production and construction projects shall avoid the key prevention areas and key management areas of soil erosion;Where it is impossible to avoid it, the prevention and control standards shall be improved, the construction technology shall be optimized, the surface disturbance and vegetation damage scope shall be reduced, and the soil erosion which may be caused shall be effectively controlled。

Article 25 Production and construction projects that may cause water and soil erosion shall be initiated in mountainous areas, hilly areas, sandstorm areas and other areas that are prone to water and soil erosion as determined in the water and soil conservation plan，Production and construction units shall work out plans for water and soil conservation，It shall be submitted to the department of water administration of the people's government at or above the county level for examination and approval，And in accordance with approved soil and water conservation programs，We will take measures to prevent and control soil erosion。If it is unable to work out a water and soil conservation plan, it shall entrust an institution with the appropriate technical conditions to do so。

The soil and water conservation program shall include the scope, objectives, measures and investment of soil and water loss prevention and control。

Where, after the approval of the water and soil conservation plan, there is a major change in the location or scale of the production and construction project, the water and soil conservation plan shall be supplemented or modified and submitted to the original examination and approval authority for approval。In the course of the implementation of the water and soil conservation plan, any major change in the water and soil conservation measures shall be approved by the original examination and approval authority。

Measures for the compilation and examination and approval of water and soil conservation plans for production and construction projects shall be formulated by the department of water administration under The State Council。

Article 26 Where a production and construction project shall, according to law, work out a water and soil conservation plan, the production and construction unit shall not work out a water and soil conservation plan or the water and soil conservation plan has not been approved by the water and soil conservation administrative department, the production and construction project shall not start construction。

Article 27 Water and soil conservation facilities in production and construction projects for which water and soil conservation plans shall be formulated according to law，It shall be designed, constructed and put into operation simultaneously with the main part of the project;Completion and acceptance of production and construction projects，Water and soil conservation facilities shall be inspected and accepted;The water and soil conservation facilities have not been inspected or have failed to pass the inspection，Production and construction projects shall not be put into operation。

Article 28 Production and construction projects with water and soil conservation plans shall be prepared according to law，The sand, stone, soil, gangue, tailings and waste residues discharged in the production and construction activities shall be comprehensively utilized;Uncomprehensive utilization，Necessary to be abandoned，It shall be deposited in the special storage area determined by the water and soil conservation plan，And take measures to ensure that no new hazards arise。

Article 29 The departments of water administration and river basin management of the people's governments at or above the county level shall track and inspect the implementation of the plans for soil and water conservation of production and construction projects, and promptly deal with any problems found。

Chapter IV Governance

Article 30 The State shall strengthen the construction of key soil and water conservation projects, such as the conversion of sloping farmland into terraced fields and silting DAMS, in key areas for soil erosion prevention and control, and intensify ecological restoration efforts。

The department of water administration of the people's government at or above the county level shall strengthen the construction and management of key projects of soil and water conservation, and establish and improve the operation management and protection system。

Article 31 The State shall strengthen the prevention and control of soil and water loss in river headwaters, drinking water source protection areas and water source conservation areas, raise funds through multiple channels, and incorporate compensation for the ecological benefits of soil and water conservation into the ecological benefits compensation system established by the State。

Article 32 Soil erosion caused by the operation of production and construction projects or other production and construction activities shall be controlled。

To initiate production and construction projects or engage in other production and construction activities in mountainous areas, hilly areas, sandstorms and other areas that are prone to soil erosion as determined in the water and soil conservation plan，Damage to soil and water conservation facilities, geomorphic vegetation，Unable to restore the original water and soil conservation function，Compensation fees for water and soil conservation shall be paid，Specially used for soil erosion prevention and control。The special prevention and control of soil erosion shall be organized and implemented by the department of water administration。The administrative measures for the collection and use of water and soil conservation compensation fees shall be formulated by the financial department under The State Council and the competent pricing department under The State Council jointly with the competent water administration department under The State Council。

The expenses for water and soil conservation incurred in the course of construction and production of production and construction projects shall be handled in accordance with the unified financial and accounting system of the State。

Article 33 The State encourages units and individuals to participate in the control of soil erosion in accordance with the water and soil conservation plan, and provides support in such aspects as capital, technology and tax revenue。

Article 34 The State encourages and supports contracting to improve barren mountains, ditches, hills and beaches, prevent and control soil erosion, protect and improve the ecological environment, promote the rational development and sustainable use of land resources, and protect the lawful rights and interests of the parties to land contracts in accordance with law。

In contracting for the treatment of barren mountains, ditches, hills and beaches, and contracting rural land in areas with serious soil erosion, the content of responsibility for preventing and controlling soil erosion shall be included in the land contract signed according to law。

Article 35 In areas of hydraulic erosion，Local people's governments at various levels and their relevant departments shall organize units and individuals，The unit is the small watershed formed by the natural gullies and the slopes on both sides，Engineering measures, plant measures and conservation tillage measures should be adopted according to local conditions，Comprehensive control of soil and water loss in sloping farmland and gully will be carried out。

In areas affected by wind erosion, the local people's governments at various levels and their relevant departments shall organize units and individuals to take such measures as rotating grazing, planting trees and grass, setting up artificial sand barriers and grid forest belts in light of local conditions, and establish a system of wind and sand prevention and fixation。

In areas of gravity erosion, local people's governments at all levels and their relevant departments shall organize units and individuals to take measures such as monitoring, runoff drainage, slope cutting and load reduction, retaining slope and building blocking works, and establish monitoring, forecasting and early warning systems。

Article 36 In drinking water source protection areas，Local people's governments at various levels and their relevant departments shall organize units and individuals，Preventive protection, natural restoration and comprehensive management measures will be adopted，Plant filtration belt is built，Actively promote biogas，Clean small watersheds will be developed，Strictly control the use of chemical fertilizers and pesticides，Reduce non-point source pollution caused by soil erosion，Protect drinking water sources。

Article 37 Those who have reclaimed land on steep slopes where reclamation is prohibited for planting crops shall, in accordance with the relevant provisions of the State, return the cultivated land and plant trees and grasses;Where there is a shortage of cultivated land or it is indeed difficult to return farmland, terraced fields shall be built or other measures for soil and water conservation shall be taken。

In the case of reclamation of sloping land below the prohibited slope for planting crops, measures such as building terraces, improving slope water systems, holding water and preserving soil for cultivation or returning farmland shall be taken in the light of different circumstances。

Article 38 The surface soil of the land occupied by production and construction activities shall be stripped, preserved and utilized in layers, so as to achieve the balance of excavation and filling of earth and rock, and reduce the scope of surface disturbance;For waste sand, stone, soil, gangue, tailings, waste slag and other storage sites, measures such as blocking, slope protection, flood control and drainage shall be taken。After the completion of production and construction activities, trees and grasses shall be planted and vegetation restored on the bare land of the ground, excavation face and storage site in a timely manner, and the closed tailings ponds shall be reclaimed。

When engaged in production and construction activities in arid and water-scarce areas, measures should be taken to prevent wind erosion, precipitation storage facilities should be set up, and precipitation resources should be fully utilized。

Article 39 The State shall encourage and support the adoption of the following measures conducive to water and soil conservation in mountainous areas, hilly areas, sandstorms and other areas prone to soil erosion:

(1) no-tillage, contour tillage, rotational tillage, grass field rotation, intercropping, etc.;

(2) prohibition of tending, rotational sealing and rotational grazing, and enclosure feeding;

(3) The development of biogas and fuel-saving stoves, the utilization of solar, wind and hydro energy, and the substitution of fuelwood with coal, electricity and gas;

(4) Outward migration from ecologically fragile areas;

(5) Other measures conducive to soil and water conservation。

Chapter V Monitoring and supervision

Article 40 The department of water administration of the people's government at or above the county level shall strengthen the monitoring of soil and water conservation, and bring into play the role of soil and water conservation monitoring in government decision-making, economic and social development and social public services。People's governments at or above the county level shall guarantee funds for soil and water conservation monitoring。

The department of water administration under The State Council shall improve the national soil and water conservation monitoring network and conduct dynamic monitoring of soil and water loss throughout the country。

Article 41 For large and medium-sized production and construction projects that may cause serious soil and water erosion, the production and construction units shall, by themselves or entrust institutions qualified for soil and water conservation monitoring, monitor the soil and water loss caused by production and construction activities, and report the monitoring situation to the local water administrative department on a regular basis。

Relevant technical standards, norms and regulations of the State shall be observed in soil and water conservation monitoring activities to ensure the quality of monitoring。

Article 42 The department of water administration under The State Council and the department of water administration under the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall, on the basis of the monitoring of soil and water conservation, regularly announce the following matters:

(1) The type, area, intensity, distribution and changing trend of soil and water loss;

(2) damage caused by water and soil erosion;

(3) Prevention and control of soil erosion。

Article 43 The department of water administration of the people's government at or above the county level shall be responsible for supervision and inspection of the state of water and soil conservation。River basin management institutions may, within their jurisdiction, exercise the supervision and inspection powers of the water administration department under The State Council。

Article 44 When performing their duties of supervision and inspection according to law, the water administration supervisors and inspectors shall have the right to take the following measures:

(1) requiring the units or individuals under inspection to provide relevant documents, licenses and materials;

(2) require the units or individuals under inspection to make explanations on the prevention and control of soil erosion;

(3) entering the scene for investigation and evidence collection。

Where the units or individuals under inspection refuse to stop their illegal acts and cause serious soil erosion, they may, upon the approval of the water administrative department, seal up or detain the tools, construction machinery and equipment that have committed the illegal acts。

Article 45 When the water administration supervisors and inspectors perform their duties of supervision and inspection according to law, they shall produce their law enforcement certificates。The units or individuals under inspection shall cooperate with the supervision and inspection of water and soil conservation, truthfully report the situation, and provide relevant documents, licenses and materials;They shall not refuse or obstruct water administration supervisors and inspectors from performing their duties according to law。

Article 46 Disputes over water and soil erosion between different administrative areas shall be settled through consultation.If consultation fails, the decision shall be made by the common people's government at the next higher level。

Chapter VI Legal liability

Article 47 The water administration department or any other department exercising supervision and management power in accordance with the provisions of this Law，Failing to make administrative licensing decisions or handle approval documents in accordance with law，Where an illegal act is discovered or a report on an illegal act is not investigated and dealt with，Or commits other acts that fail to perform their duties in accordance with the provisions of this Law，The persons directly in charge and other persons directly responsible shall be given sanctions according to law。

Article 48 Violation of the provisions of this Law，Engaging in activities such as collecting soil, digging sand or quarrying stones in areas prone to collapse or landslide or areas prone to debris flow that may cause soil and water loss，The department of water administration of the local people's government at or above the county level shall order the cessation of the illegal act，Confiscation of illegal gains，A fine of not less than 1,000 yuan but not more than 10,000 yuan shall be imposed on an individual，A fine of not less than 20,000 yuan but not more than 200,000 yuan shall be imposed on the unit。

Article 49 Violation of this Law，Cultivation of crops on steep slopes above prohibited cultivation slopes，Or reclaiming or developing within the plant protection zone where reclaiming or developing is prohibited，The department of water administration of the local people's government at or above the county level shall order the cessation of the illegal act，Take remedial measures such as returning farmland and restoring vegetation;According to reclaimed or developed area，A fine of not more than two yuan per square meter may be imposed on an individual and not more than 10 yuan per square meter may be imposed on a unit。

Article 50 Whoever, in violation of the provisions of this Law, destroys forests or grass for reclamation shall be punished in accordance with the relevant provisions of the Forestry Law of the People's Republic of China and the Grassland Law of the People's Republic of China。

Article 51 Violation of the provisions of this Law，Gather vegetables，Or shoveling turf, digging tree hoods, indiscriminate digging of cordyceps, licorice, ephedra, etc., in the key prevention and control areas of soil erosion，The department of water administration of the local people's government at or above the county level shall order the cessation of the illegal act，Take remedial action，Confiscation of illegal gains，Shall also be fined not less than one time but not more than five times the illegal gains;No illegal gains，May be imposed a fine of not more than 50,000 yuan。

Anyone who commits an illegal act as prescribed in the preceding paragraph in a grassland area shall be punished in accordance with the relevant provisions of the Grassland Law of the People's Republic of China。

Article 52 Failing to take measures to prevent soil and water loss in forest areas where trees are harvested according to law，The competent forestry department and the competent water administration department of the local people's government at or above the county level shall order correction within a time limit，Take remedial measures;Causing soil erosion，The department in charge of water administration shall impose a fine of not less than two yuan but not more than ten yuan per square meter according to the area causing soil erosion。

Article 53 Violation of the provisions of this Law，Committing any of the following acts，The department of water administration of the people's government at or above the county level shall order the cessation of the illegal act，Make up the formalities within a time limit;Failing to go through the formalities within the time limit，A fine of not less than 50,000 yuan but not more than 500,000 yuan;The persons directly in charge of the production and construction units and other persons directly responsible shall be given sanctions according to law:

(1) Construction projects for which water and soil conservation plans should be formulated according to law, and construction starts without preparation of water and soil conservation plans or without approval of the prepared water and soil conservation plans;

(2) Major changes have taken place in the location or scale of a production and construction project, and the water and soil conservation plan has not been supplemented or modified, or the supplementary or modified water and soil conservation plan has not been approved by the original examination and approval authority;

(3) In the course of the implementation of the water and soil conservation plan, major changes are made to the water and soil conservation measures without the approval of the original examination and approval authority。

Article 54 If, in violation of the provisions of this Law, soil and water conservation facilities put into use a production and construction project without acceptance inspection or without passing the acceptance inspection, the competent department of water administration of the people's government at or above the county level shall order them to stop production or use the project until the project passes the acceptance inspection, and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan。

Article 55 Violation of the provisions of this Law，Dumping sand, stone, soil, gangue, tailings, waste residue, etc., in areas other than the special storage areas determined by the water and soil conservation plan，The department of water administration of the local people's government at or above the county level shall order the cessation of the illegal act，Liquidation within a specified period，A fine of not less than 10 yuan but not more than 20 yuan per cubic meter according to the quantity dumped;Failing to clean up after the time limit，The water administration department of the local people's government at or above the county level may designate a unit that has the capacity to clean up on its behalf，The cost shall be borne by the wrongdoer。

Article 56 Violation of the provisions of this Law，Starting production and construction projects or engaging in other production and construction activities causes soil erosion，Not governed，The water administrative department of the people's government at or above the county level shall order treatment within a prescribed time limit;Failing to take care of it within the time limit，The water administration department of the people's government at or above the county level may designate a unit with the capacity to administer the water on its behalf，The cost shall be borne by the wrongdoer。

Article 57 Whoever, in violation of the provisions of this Law, refuses to pay the compensation fees for water and soil conservation shall be ordered by the department of water administration of the people's government at or above the county level to do so within a time limit.Those who fail to pay within the time limit shall be charged a fine of five thousandths of the overdue amount per day, starting from the date of overdue payment, and may be imposed a fine of not more than three times the amount of soil and water conservation compensation payable。

Article 58 Whoever violates the provisions of this Law and causes damage to soil erosion shall bear civil liability according to law;If the act constitutes a violation of the administration of public security, the public security organ shall impose a punishment for the administration of public security according to law;If the case constitutes a crime, criminal responsibility shall be investigated according to law。

Chapter VII Supplementary Provisions

Article 59 The organs in charge of soil and water conservation designated by the local people's governments at or above the county level on the basis of the actual local conditions shall exercise the functions and responsibilities of the competent departments of water administration for soil and water conservation as provided for in this Law。

Article 60 This Law shall come into force as of March 1, 2011。