Shanxi issued the "Measures for Temporary Land for Land" to clearly use the scope of use, approval and supervision

Author:Published by Shanxi Time:2022.07.18

Recently, in order to further strengthen the protection of land elements and effectively serve the construction of construction project construction and geological exploration land, the Provincial Natural Resources Department combined with the actual situation of Shanxi to study and formulate the "Administrative Measures for Temporary Land" (hereinafter referred to as the "Measures").

The scope of temporary land use, site selection requirements, and deadline

The first is to define the scope of temporary land use, refine the specific use of construction project construction and geological exploration temporary land, and increase the content of "temporary land use for temporary facilities for archeological and cultural relics construction sites". The second is to clarify the requirements of temporary land selection, and emphasize that "should try not to occupy or take less cultivated land, and can use inferior cultivated land without taking up high -quality cultivated land." The third is to clarify the period of use of temporary land use, and emphasize that "generally does not exceed two years, and the construction period required for the construction of energy, transportation, water conservancy and other projects with long construction cycles does not exceed four years."

Temporary land approval

The first is to clarify the main body and authority of the approval, which stipulates that "the temporary land involving the occupation of cultivated land and permanent basic farmland is approved by the municipal -level natural resource authorities; other temporary land is approved by the county (city, district) competent department of natural resources" Essence The second is to clarify the application process and the list of elements, and put forward the requirements for approval time for 20 working days. The third is to clarify the requirements of the use, and emphasize that "temporary land users should use land in accordance with the approval purposes, and must not be transferred, leased, and mortgaged temporary land."

In terms of temporary land recovery

The first is to clarify the time limit of reclamation and stipulate that "completion of reclamation within one year from the date of the expiration of the temporary land use. If the climate and disasters are influenced by non -resistant and resistant factors, the reclamation period can be extended appropriately after approval. More than a year. " The second is to clarify the recovery standards. It is required to "demolish temporary buildings, restore the original land, ensure that the area of ​​cultivated land is not reduced, and the quality is not reduced. The unusable land reclamation is encouraged to be reclaimed as a cultivated land.

Temporary land supervision aspect

The first is to clarify the responsibility of reclamation supervision, and stipulate that "cities, counties (cities, districts) competent authorities of natural resources are responsible for supervising the use of temporary land use and fulfilling reclamation obligations in accordance with the law. The use and reclamation of the temporary land use of the basic farmland, and a random inspection notification, and the temporary land reclamation situation within the county (city, district) annual county (city, district). The county (city, district) suspended new temporary land approval ". The second is to clarify the legal responsibility, and stipulates that "the use of temporary land use of temporary land use and the use of temporary land and refusal to perform land reclamation obligations such as temporary land use, and the natural resource departments at or above the county level shall investigate and deal with them in accordance with laws and regulations. Those who neglect their duties, abuse their powers, and abuse their fraud in the temporary land approval and supervision, shall be punished according to law to form criminal responsibility in accordance with the law. "

The relevant person in charge of the Provincial Department of Natural Resources said that the introduction of the Measures has filled the policies for the temporary land use management of Shanxi Province. In the future, it will effectively solve the problems of unsure and irregular problems in the management and use of land use in recent years. At the same time, it will play an important role in strengthening land management, effectively protecting cultivated land, and promoting conservation and conservation. It is of great practical significance for improving the level of service market in Shanxi Province's natural resources departments and continuously optimizing the business environment of Shanxi Province.

Source | Shanxi Province Natural Resources Department website

Edit | Zhang Yinan

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