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Chapter I General
Provisions
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Article 1 This Law is formulated for the purpose of
the prevention and control of soil erosion, the protection and rational
utilization of water and soil resources, the mitigation of disasters of
flood, drought and sandstorm, the improvement of ecological environment
and the development of production.
Article 2 As used in this Law, the term "water and
soil conservation" means preventive and rehabilitative measures taken
against soil erosion which is caused by natural factors or human
activities.
Article 3 All units and individuals shall have the
obligation to protect water and soil resources, prevent and control soil
erosion, and also have the right to report against and unit or individual
that damages water and soil resources and causes soil erosion.
Article 4 The state shall, in relation to the work of
water and soil conservation, implement the policy of prevention first,
overall planning, comprehensive prevention and control, adoption of
measures suited to local conditions, strengthening management and stress
on beneficial results.
Article 5 The state council and the local people's
government at various levels shall regard the work of water and soil
conservation as an important duty, and adopt measures to ensure the
prevention and control of soil erosion.
Article 6 The department of water administration under
the State Council shall be in charge of the work of water and soil
conservation throughout the county. The departments of water
administration under the local people' governments at or above the county
level shall be in charge of the work of water and soil conservation in
areas under their respective jurisdiction.
Article 7 The department of water administration under
the State Council and those under the local people's governments at or
above the county level shall, on the basis of investigation and assessment
of water and soil resources, draw up water and soil conservation plans in
conjunction with other departments concerned. Such water and soil
conservation plans shall be subject to the approval by the people'
government at the corresponding levels. Any water and soil conservation
plan approved by the local people's government at or above the county
level shall be submitted to the department of water administration under
the people's government at the next higher level for the record. Any
modification to be made to an approved water and soil conservation plan
shall be re-submitted for approval to the original approving department.
The people's governments at or above the county level shall
incorporate the tasks specified in the water and soil conservation plans
into their respective plans for national economic and social development,
allocate special funds therefor and organize the implementation thereof.
The people's government at or above the county level shall, in
line with the actual conditions of soil erosion, designate key areas on
which preventive and rehabilitative efforts against soil erosion shall be
focused.
Article 8 Units and individuals engaged in production
and construction activities which may cause soil erosion must adopt
measures, and construction activities which may cause soil erosion must
adopt measures to protect the water and soil resources, and shall be
responsible to take rehabilitative measures against the soil erosion
resulted from their production and construction activities.
Article 9 The people's government at various levels
shall intensify the publicity of and education in water and soil
conservation, and popularize scientific knowledge concerning water and
soil conservation.
Article 10 The state shall encourage the research in
and raise the level of science and technology of water and soil
conservation, popularize the advanced technological personnel in the field
of water and soil conservation.
Article 11 Units and individuals that have made
outstanding achievements in the prevention and control of soil erosion
shall be awarded by the people's government.
Chapter II Prevention
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Article 12 The people's governments at various levels
shall organize every citizen to engage in afforestation and encourage the
p1anting of grass, thereby enlarging forest-covered areas and increasing
vegetation.
Article 13 The local people's governments at various
levels shall, in light of respective actual conditions, organize
agricultural collective economic organizations as well as stateowned
agricultural, forest, and livestock farms to plant firewood forests,
forage and green manure crops, and to conduct in a planned way the closing
of hillsides for facilitating afforestation and growing grass and the
rotation of closing and grazing periods, so as to check winds, fix
drifting sand and preserve vegetation. Destroying forest or burning
vegetation for land reclamation and stripping vegetation and digging up
tree stumps on steep hillslopes or in arid regions shall be prohibited.
Article 14 Article 14 Reclamation of hillsides with a
slope of over 25 degrees for cultivation of crops shall be prohibited.
The people's governments of provinces, autonomous regions and
municipalities directly under the Central Government may, in line with the
actual conditions of the areas under their respective jurisdiction,
prescribe the reclamation--forbidden slope of below 25 degrees.
The specific area of the reclamation-forbidden slope shal1 be
determined and announced by the local people's government at the county
leve1.
Anyone who has conducted reclamation for cultivation of
crops on the reclamation--forbidden slopes before the entry into force of
this Law shall, on the basis of capital farming construction and in the
light of the actua1 conditions, gradually stop the cultivation and,
instead, plant trees, grow grass and restore the vegetation, or build
terraced fields thereon.
Article 15 Anyone who reclaims waste hillsides with a
slope of above 5 degrees but under the prescribed reclamation--forbidden
degrees must obtain prior approval from the department of water
administration under the people's government at the county level1 anyone
who intends to reclaim waste hillslopes owned by the state may apply to
the people's government at or above the county level for going through the
procedures for land reclamation on1y after obtaining approval from the
department of water administration under the people's government at the
county level.
Article 16 Felling of forest trees must be carried out
in a rational manner and in line with the local conditions, and clear
felling shall be strictly controlled. Preventive measures against soil
erosion f shall be adopted in the felling areas and on skid trai1s, and
reforestation shall be accomplished in good time after the felling. With
respect to protective forests such as those for water supply conservation,
water and soil conservation, windbreak and sand--fixation, felling shall
only be permitted for tending and regeneration of forests.
For any
felling in a forest area, water and soil conservation measures, for the
fel1ing area, worked out in accordance with the provisions of the
preceding paragraph, must be inc1uded in the felling p1an thereof.
After the felling plan is approved by the. department of forestry
administration, the water and soil conservation measures for the fel1ing
area shall be implemented under the supervision of the departments of
water administration and forestry administration.
Article 17 Water and soil conservation measures must
be adopted to prevent soil erosion when preparations for afforestion,
tending of young growth, and cultivation of commodity trees such as
oil-tea camellia and tung tree are done on hillsides with a slope of above
5 degrees.
Article 18 In the construction of a rai1way, highway
or water project, the disturbance of vegetation shall be minimized; waste
sand, rocks and earth thus created must be disposed of in an area
specially designated for the purpose, and shall not be dumped out into any
river, lake, reservoir or any ditch or canal other than the specially
designated area; slope protection must be built or other land management
measures adopted on hillslopes within the frontage of the railway and
highway; after the project is completed, trees must be planted and grass
grown on the earth--fetching area, excavated land surface and the exposed
land surface for the disposition of waste sand, rock and earth, in order
to prevent soil erosion.
In the establishment of a mining or
electrical power enterprise or any other large or medium-sized industrial
enterprise the abandoned stripped topsoil, waste rock, tailings and
residues must -be disposed of in a specially designated area, and shall
not be dumped out into any river, lake, reservoir or any ditch or canal
other than the specially designated area. If the vegetation is damaged on
account of the mining or construction, measures must be taken to
rehabilitate the topsoil and vegetation, thereby preventing soil erosion.
Article 19 When the construction of a railway, highway
or a water project is carried out, a mining or electrical power enterprise
or any other large or medium--sized industria1; enterprise is established
in a mountainous, hilly or sandstorm area, the environmental impact
statement for the project must include a water and soil conservation
programme approved by the department of water administration. The water
and soil conservation programme shall be drawn up in accordance with the
provisions of Article 18 of this Law.
Where a township col1ective
mining enterprise is to be set up or an individua1 is to apply for mining,
in accordance with the provisions of the Law on Mineral Resources, in a
mountainous, hilly or sandstorm area, a water and soil conservation
programme approved by the department of water administration under the
people's government at or above the county level must be submitted before
the app1ication for going through the approving procedures for mining
operation is made.
Water and soil conservation facilities in a
construction project must be designed, constructed and put into operation
simultaneously with the principal part of the project. When a construction
project is completed and checked for acceptance, the water and soi1
conservation facilities shal1 be checked for acceptance at the same time,
with personnel from the department of water administration participating.
Article 20 The local people's governments at various
levels shall take measures to strengthen the control over such production
activities as mining, earth--fetching, sand-digging and quarrying, so as
to prevent soil erosion.
Earth-fetching, sand-digging and quarrying
shall be prohibited in areas in danger of land-collapsing or land--sliding
or where mudrock flow is liable to occur. The scope of such areas shall be
determined and announced by the local peop1e's governments at or above the
county level.
Chapter III Rehabilitation
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Article 21 The people's governments at or above the
county level shall, in accordance with the water and soil conservation
plans, organize competent administrative departments and units concerned
to engage in a planned way in the rehabilitation of soil erosion.
Article 22 In a water-eroded region, by taking a small
river basin comprising the natural ravines and flanking hillslopes as a
unit, a comprehensive system for the prevention and control of soil
erosion shall be set up on the basis of overall planning and comprehensive
rehabilitation.
In a wind-eroded region, such measures as exploitation
of water resources, water diversion for sand removal, planting of trees
and growing of grass, installation of artificial sand-break and forest
network shall be adopted to build a protective system for windbreak and
sand-fixation, thereby controlling hazards of sand storms.
Article 23 The state shall encourage the agricultural
collective economic organizations and farmers in soil--eroded regions to
carry out rehabilitation of soil erosion, and shall also practise a policy
of giving support as to fund, energy, grain, taxation, etc.; the specific
measures thereof shall be prescribed by the State Council.
Article 24 The local people's governments at various
levels sha1l organize agricultura1 collective economic organizations and
farmers to manage in a planned way the cultivated land with a slope of
above 5 degrees but under the reclamation--forbidden degrees, by taking in
line with different conditions such water and soil conservation measures
as regulating drainage systems, building terraced fields, and practising a
method of cultivation conducive to water and soi1 conservation.
Article 25 In soil-eroded regions, any individual who
contracts for the use of land owned by the collective shall include the
responsibility of rehabilitating soil erosion in the contract.
Article 26 The rehabilitation of soil erosion on
barren hills, waste valleys, barren hillocks and desolated beaches may be
contracted to agricultural collective economic organizations, individual
farmers or leaseholding household groups.
Where the rehabilitation of
soil erosion on barren hills, waste valleys, barren hillocks or desolated
beaches are contracted out, contracts for the rehabilitation of soil
erosion shall be concluded according to the principle of the benefits
derived there from to be enjoyed by the contractors for the
rehabilitation.
The trees planted on account of the contracted
rehabilitation and the fruits yielded therefrom shall belong to the
contractors; and the land expanded as a result of the contracted
rehabilitation shal1 be used by the contractors.
The state shall
protect the lawful rights and interests of the parties to a contract for
rehabilitation. Within the term of the contracted rehabilitation, if a
contractor dies, his or her successor(s) may, in accordance with the
agreements stipulated in the contract, continue to undertake the contract.
Article 27 Any enterprise or institution must, in the
course of construction or production, adopt water and soil conservation
measures, and shall be responsible for the rehabilitation of the soil
eroded. If an enterprise or institution is unable to carry out the
rehabilitation, the department of water administration sha1l undertake
'the task, and the cost thus entailed shall be borne by the enterprise or
institution that has caused the soil erosion.
The expenses for the
prevention and control of soil erosion arising in the course of
construction shall be allocated from the capital construction investment;
the expenses for the prevention and control of soil erosion arising in the
course of production shall be allocated from the production cost.
Article 28 The people's governments at or above the
county level shall organize departments concerned to inspect for
acceptance the water and soil conservation facilities bui1t and the trees
and grass planted in soil-eroded regions.
The management and
protection of water and soil conservation facilities, experimental sites,
trees and grass planted and other rehabilitation achievements shall be
strengthened.
Chapter IV Supervision
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Article 29 The department of water administration
under the State Council shall establish a monitoring network for water and
soil conservation, so as to conduct monitoring and prediction of the
nation-wide soil erosion developments and publicly announce the results
thereof.
Article 30 Personnel in charge of supervision over
water and soil conservation in the departments of water administration
under the people's governments at or above the county level shall have the
right to carry out on--the-spot inspection on the situations of soil
erosion and the prevention and control thereof in areas under their
respective jurisdiction. Units and individuals that are being inspected
must truth-fu1ly report the situations and provide necessary working
conditions for the inspection.
Article 31 Any dispute arising among regions over the
prevention and control of soil erosion sha1l be solved through
consultation; if no settlement is reached through consultation, the case
shall be handled by the people's government at the next higher level.
Chapter V Legal Responsibility
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Article 32 In the case of any violation of the
provisions in Article l4 of this Law by cultivating crops on
reclamation-forbidden hillslopes, the department of water administration
under the people's government at the county level shall order the
cessation of the reclamation and the adoption of remedial measures, and
may also impose a fine.
Article 33 Where any enterprise, institution, or
agricultural collective economic organization, without approva1 of the
department of water administration under the people's government at the
county leve1, reclaims waste hillsides with a slope of above 5 degrees but
under the reclamation-forbidden degrees, the department of water
administration under the people's government at the county level
shal1order the cessation of the reclamation and the adoption of remedial
measures, and may also impose a fine.
Article 34 In the case of earth-fetching, sand-digging
or quarrying in areas in danger of land-collapsing or land-sliding or
where mud-rock flow is liable to occur, as designated by the local
people's government at or above the county level, the department of water
administration under the people's government at or above the county level
shall order the cessation of the above law--breaking acts and the adoption
of remedial measures, and shall also impose a fine.
Article 35 In the case of tree-felling in forest areas
without adopting water and soil conservation measures, thus causing
serious soil erosion, the department of water administration shall report
thereon to the people's government at or above the county level for a
decision to order a rectification within a fixed period of time and the
adoption of remedial measures, and shall also impose a fine.
Article 36 Any enterprise or institution that causes
soil erosion in the course of construction or production and fails to
carry out rehabilitation may, in light of the harmful consequences thus
entailed, be punishable with a fine or be instructed to suspend its
business for rehabilitation; the responsible persons concerned sha1l be
subjected to administrative sanctions by the unit where they work or by
the competent departments at higher levels.
The imposition of a
fine shall be subject to a decision by the people's government at the
county level on a report submitted by the department of water
administration under the people's government at the county level. The
decision on ordering the suspension of business for rehabi1itation shal1
be made by the people's government at the municipal or county level; the
suspension of business for rehabilitation for an enterprise or institution
directly under the Central Government or a people's government at the
provincial level shall be reported to the State Council or the provincial
people's government for approval.
Any individual who engages in
mining causes soil erosion and fails to carry out rehabilitation shall be
punished in accordance with the provisions of the preceding two
paragraphs.
Article 37 Whoever hinders, by use of violence or
threat, the performance of duty according to Law by personnel in charge of
supervision over water and soil conservation shall be investigated for
criminal responsibility according to law; those who refuse to accept or
hinders the performance of duty by personnel in charge of supervision over
water and soil conservation, but without resorting to violence or use of
threat, shall be punished by the public security organ in accordance with
the Regulations on Administrative Penalties for Public Security.
Article 38 If any party is not satisfied with the
decision on administrative sanctions, it may, within l5 days after the
receipt of the notice of sanctions, apply for reconsideration to the organ
at the next higher level over the one that has made the decision. The
party may also directly bring a suit in a people's court withinl5 days
after the receipt of the said notice.
The reconsideration organ
shall, within 60 days after the receipt of the application for
reconsideration, make a reconsideration decision. If the party concerned
is not satisfied with the reconsideration decision, it may, within 15 days
after the receipt of the reconsideration decision, bring a suit in a
people's court. If the reconsideration organ fails to make a
reconsideration decision within the time limit, the party may, within 15
days after the expiration of the term for reconsideration, bring a suit in
a people's court.
If a party neither applies for reconsideration,
nor brings a suit in a people's court within the time limit, nor complies
with the decision on sanctions, the organ that has made the decision may
apply to a people's court for compulsory execution.
Article 39 Any individual or unit that causes damage
from soil erosion shall bear the responsibility of removing the damage,
and shall compensate the units and individuals that have directly suffered
the damage.
Any dispute over the liability or amount of compensation
may, upon the request by a party, be dealt with by the department of water
administration; if the party is not satisfied with the decision thus made,
it may bring a suit in a people's court. The party may also directly bring
a suit in a people's court.
In case of irresistible natural disasters,
if damage from soil erosion cannot be avoided despite of taking reasonable
measures promptly, the individual or unit concerned shall be exempted from
responsibility.
Article 40 In case a person in charge of supervision
over water and soil conservation derelicts his or her duty or abuses his
or her power and thus brings losses to the public property or the
interests of the state and the people, administrative sanctions shall be
enforced by the unit to which the offender be-longs or by the competent
department at a higher level; if the offence constitutes a crime, the
offender shall be investigated for criminal responsibility according to
law.
Chapter VI Supplementary Provisions
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Article 41 The State Council shall formulate the
implementing regulations in accordance with this Law.
The standing
committees of the people's congresses of the provinces, autonomous regions
and municipalities directly under the Central Government may, in
accordance with this Law and in the light of the respective actual
conditions, formulate measures of implementation.
Article 42 This Law shall enter into force as of the
date of promulgation. The Regulations on the Work of Water and Soil
Conservation promulgated by the State Council on June 30, 1982 shall be
annulled on the same date. | 
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