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Some
Stipulations of the Standing Committee of the Shenzhen Municipal
People' s Congress on Strengthening
of the Administration of
Agricultural Protection Zones |
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(Adopted
at the Eighth Meeting of the Standing Committee of the Second
Shenzhen Municipal People'
s Congress on May 29, 1996,
promulgated on June 10, 1996) |
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Article 1 In order to truly improve the people' s living
standard and strengthen the administration of agricultural
protection zones, these stipulations are hereby formulated in
accordance with Law of the People' s Republic of China on
Agriculture, Law of the People' s Republic of China on
Land Administration and other related laws, regulations, and
in the light of the practical conditions of this city' s
agriculture. |
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Article 2 The agricultural protection zones referred to in
these stipulations shall mean the areas which have been
designated for agricultural production only and should be
reserved for ever, including the land for vegetables,
aquatic
farming, fruit, livestock husbandry, agricultural research and
other land for agriculture. |
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Article 3 The administrative departments of the municipal,
district people' s governments in charge of agriculture
(hereinafter referred to as the departments of agriculture) are
responsible for the construction and day-to-day
administration
of agricultural protection zones, the municipal department of
land administration
shall be responsible for planning and
protecting of agricultural protection zones. |
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The departments of planning, finance, construction, water
affairs, environmental protection, etc. shall conduct the
administration of agricultural protection zones appropriately
within their respective scopes of
duties. |
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The district, township people' s governments and their
related departments shall be responsible for the administration
of agricultural protection zones within their respective
jurisdictions. |
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Article 4 The people' s governments at various levels shall
give priority to the administration of agricultural protection
zones, bring the administration of agricultural protection zones
into the scope of achievement
assessments of the related chief
executive officers at various levels, and put in practice a
responsibility
system of three-level chief executive officers of
the municipality, districts, and townships. |
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Every year, the administration of agricultural protection
zones shall be reported by the municipal, district people'
s
governments to the standing committees of the people' s
congresses at the same levels and by
the township people' s
governments to the presidiums of the people' s congresses at
the same level
as well. |
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Article 5 The total area of agricultural protection zones
shall be no less than 300,000 mu. The land for vegetables in the
agricultural protection zones shall be no less than 50,000 mu,
and the land for aquatic farming
shall be no less than 60,000 mu. |
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The municipal people' s government shall make an overall
plan of the agricultural protection zones and formulate
the
corresponding maps and rules, report them to the standing
committee of the municipal people'
s congress for deliberation
and put them into execution after adoption. |
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Article
6 The municipal department of agriculture shall, on the
basis of the overall plan of the agricultural protection zones,
cooperate with the municipal department of land administration
in delimiting the actual boundaries
of the agricultural
protection zones after survey, setting up marks, registering
them on the books,
and bringing them into line with the city' s
overall plan and regional planning. |
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Article 7 Any unit and individual shall not change without
authorization or occupy a designated agricultural protection
zone. If the occupation is indeed necessary for infrastructure
construction, an application shall
be filed to the municipal
department of land administration and reported to the standing
committee
of the municipal people' s congress for record after
the municipal department of agriculture has signed an opinion
and the municipal people' s government has approved it. |
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Article 8 If land for farming purposes within an
agricultural protection zone has been changed into the land for
non-farming purposes after approval, it shall be developed
according to a prescribed time limit. |
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Article 9 If initiating a construction project will damage
the original water conservancy facilities and other facilities
or affect the use of these facilities, the repair and
restoration of the related facilities shall
be listed as part of
the accessory project of the construction. |
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If a land-use unit has failed to repair and restore the
water conservancy facilities and other facilities within
an
agricultural protection zone which are damaged or whose
utilizable functions are affected, the
aggrieved party shall
have the right to claim the repair and restoration by a deadline
and the
compensation for the actual loss caused by the damage. |
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Article 10 The departments of agriculture at various levels
shall conscientiously have construction well done within
agricultural protection zones, establish a system to recover
soil fertility, increase and improve agricultural
infrastructures, and enhance the capability of land for farming
purposes to fight natural disasters. |
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All
units and individuals undertaking agricultural production and
operation within the agricultural
protection zones shall commit
to the obligations of construction and conservation of land for
farming
purposes, preserve and improve the land in terms of
cultivation. |
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Article 11 In case of change of the land for farming
purposes into the land for non-farming purposes after approval,
what is insisted on as a principle shall be that compensation
should be made first before occupation,
a land-use unit shall
provide the new land for the same kind of agricultural
production. In case
of occupation of the land for vegetables and
aquatic farming, the area of the land for compensation shall be
1.5 times of that of the occupied land; in case of occupation of
other agricultural land, the area
of the land for compensation
shall be equivalent to that of the occupied land. The productive
conditions
of the newly provided land shall be as good as those
of the occupied original land; if the productive conditions
are
worse than the original ones, construction funding shall be
provided to improve the productive
conditions so as to reach the
level of the original ones. |
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If there is indeed no way for a unit to provide the new land
for farming purposes as a follow-up of occupying a small
area of
land for farming purposes after approval, the unit shall, in
addition to making a payment
for land compensation, pay 15 RMB
per square meter as a contribution to the fund for cultivation
and restoration of agricultural land, and also pay 80-100 RMB
per square meter of actually used land to the construction
funds
of protection zones. |
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Article 12 The construction funds of agricultural protection
zones shall be set up at the municipal and district levels. The
main sources of the funds shall be: |
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the governments' financial revenue; |
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the fund for cultivation and restoration of agricultural
land; |
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the payments made to the construction funds of agricultural
protection zones by those occupying the land in the agricultural
protection zones; |
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the income from the related fines and other incomes; |
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other funds as an input. |
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Article 13 The
construction funds of agricultural protection zones shall be
used |
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as
special funding for the development and restoration of
agricultural land resources, infrastructure
construction in the
agricultural protection zones, and construction and maintenance
of accessory
facilities. |
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The measures on the administration of the funds shall be
formulated by the municipal people' s government separately. |
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Article 14 The people' s governments at various levels and
the related departments shall energetically support the
development and construction of the agricultural protection
zones, carry out preferential policies for the
projects of
agricultural production within the agricultural protection zones
according to the related
rules. |
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Article 15 The people' s governments at various levels
shall give commendations and awards to those units and
individuals distinguishing themselves by the achievements in
carrying out these stipulations. |
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Article 16 In case of violation of these stipulations by
undertaking non-agricultural construction and development within
an agricultural protection zone, the municipal department of
land administration shall order dismantling
and removing by a
deadline, restoring productive conditions, and impose a fine of
50-80 RMB per
square meter of the actually occupied land. |
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Article 17 In case of violation of these stipulations by
damaging or changing without authorization the protective marks
of an agricultural protection zone, the municipal department of
land administration shall order to
restitute the original state
or to compensate for the corresponding repair and restoration,
and
impose a fine of 800-1,000 RMB. |
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Article 18 It shall be forbidden to build kilns, houses,
tombs or to excavate sands, quarry stones, mine, remove soil in
an agricultural protection zone. |
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In
case of violation of the preceding section, the municipal
department of land administration shall
order to restitute the
original state by a deadline and compensate for economic losses,
and impose
a fine of 30-40 RMB per square meter of the actually
occupied land. |
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Article 19 It shall be forbidden to let the land for farming
purposes lie idle, go out of cultivation within an agricultural
protection zone. |
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In
case of violation of the preceding section, a department of
agriculture shall order to resume
production by a deadline or
take back from the land owner the right to produce and operate. |
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Article 20 It shall be forbidden to discharge toxic, harmful
waste water, waste gas to an agricultural protection zone and to
pile solid wastes there. |
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In
case of violation of the preceding section, it shall be dealt
with according to the related rules
of Regulations of the
Shenzhen Special Economic Zone on Environmental Protection. |
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Article 21 Any unit and individual shall have the right to
supervise, report, accuse of the acts which violate these
stipulations and the laws, regulations related to the
agricultural protection zones. Agricultural enterprises
and
agricultural land owners or users shall have the right to resist
the acts of indiscriminately
occupying and using the land of an
agricultural protection zone for non-agricultural construction
in violation of these stipulations and the related laws. |
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Article 22 If the personnel of agricultural protection,
construction, supervision, administration abuse power,
neglect duties, practice favoritism and engage in
irregularities, the units which they
are affiliated with or the
responsible offices at a higher level shall impose
administrative sanctions;
if a crime has been constituted, the
criminal responsibility shall be ascertained according to law. |
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Article 23 If a party concerned refuses to accept an
administrative sanction imposed by a related department at the
district level, an application for administrative review may be
filed to a responsible department at a
higher level within 15
days from the date of receiving the notice of decision on the
administrative
sanction; in case of refusal to accept an
administrative sanction imposed by a related department at the
municipal level, an application for administrative review may be
filed to the administrative review office
of the Shenzhen
Municipal People' s Government within 15 days from the date of
receiving the notice
of decision on the administrative sanction.
If the party concerned refuses to accept the review decision, a
legal action may be taken at the people' s court within 15 days
from the date of receiving the review
decision. The party
concerned may also directly take legal action at the people' s
court within
15 days from the date of receiving the notice of
decision on the administrative sanction. |
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Article 24 These stipulations shall take effect as of the
date of promulgation. |
