Engaged in non-agricultural development and the development of underground mineral resources and other nature of the development, according to the relevant provisions of the state to deal with. Article 4 the development of deserted mountains, must be in line with the overall land use planning, is conducive to soil and water conservation and ecological balance; prohibit deforestation and reclamation of arable land on steep slopes of more than 25 degrees.
Where the land has been allocated to the school, highways, railroads and rivers, lakes, ditches on both sides of the delineation of the protection of land, water conservancy projects within the scope of protection of the land, the villagers * * * * use of pasture, roads, charcoal woodland, have the right to property disputes on barren hills, barren hills with special purposes and other barren hills is not appropriate to be transferred, shall not be transferred to the use of its right. Article 5 State organs, enterprises, institutions, collectives and individuals are encouraged and supported to adopt various forms of development of barren mountains, regardless of administrative regions, industries, status, occupation and nationality. Article 6 The development of deserted mountains can be carried out by granting, contracting, leasing to obtain land use rights or cooperative development. It can be operated by sole proprietorship, joint venture, shareholding or joint-stock cooperative system. Article 7 the granting of the right to use the deserted mountains can be carried out by auction, bidding, agreement and other methods.
The two parties who grant, contract or lease the development of deserted mountains shall sign a contract specifying the area, period, purpose, amount of development and use, as well as the rights and obligations of both parties. Users of deserted mountains shall pay the land use right grant or contract, rent, as stipulated in the contract.
The land administration department of the people's government at or above the county level is responsible for the management of the registration and licensing of the right to use the deserted mountains in terms of granting, contracting and leasing. Forest land and grassland right to use concession, contract, lease registration, licensing management, respectively, in accordance with the "Chinese People's *** and the State Forest Law", "Chinese People's *** and the State Grassland Law" of the relevant provisions. Article 8 The granting, contracting and leasing of the right of use of state-owned barren mountains shall be carried out by the land administration department of the people's government at or above the county level, which shall grant, contract or lease the right of use to the users of the barren mountains for a certain number of years, and shall collect from them the grant or contracting money or rent.
The granting, contracting and leasing of the right of use of collective barren mountains shall be carried out by the village (community) of the owner of the barren mountains, which shall grant, contract or lease the right of use to the users of the barren mountains for a certain number of years, and shall collect from them the grant or contracting premiums or rents for the right of use of the land.
Originally designated by the state-owned forests, farms, livestock farms, industrial and mining enterprises and scientific research institutions to use the deserted mountains by the use of units to organize the development or with the development of units, collectives, individuals with the ability to develop cooperative development. If the user unit is unable to develop, it can also be reported to the local people's government for approval, in accordance with the provisions of the contract, lease development. Article IX grant, contract, lease the development of deserted mountains for a period of years, by the grant, the transferee parties according to the development of the difficulty and operation of the project to determine the longest period of up to fifty years. After the expiration of the contract, the user of the barren mountain, such as requesting the renewal of the use, by the transfer, the transferee agreed to both parties, can be renewed for the use of the contract. Article 10 the people's governments at or above the county level, the land administration department collects the concession, contract, lease, the full amount to the same level of finance, the special account of the falcon, for the development of deserted mountains.
Villages (societies) to collect the concession, contract, lease, belonging to the village (society); for the development of deserted mountains, farmland and water conservancy construction and the expansion of production, supervised by the people's government of the township (township) use.
State-owned forests, farms, livestock farms, industrial and mining enterprises and scientific research institutions and other units collected by the contracting and leasing of metal state-owned, approved by the people's governments of counties and above, can be partially or fully reserved for the use of the original unit, for the expansion of production. Article 11 to obtain the right to use the assignee of the barren mountain and the contractor, the lessee, the development of the barren mountain according to the contract has the right to operate independently, the right to dispose of the products, the right to income; the assignee of the right to use the barren mountain by way of transfer, in accordance with the contractual provisions of the right to use the right to enter the right of ownership, the right to mortgage, the right to transfer and the right of inheritance. No unit or individual shall infringe upon their legitimate rights and interests.
Transfer, subcontracting, subletting and inheritance of the right to use deserted mountains, shall be registered in accordance with the law. Article XII of the grant, contract, lease development of deserted mountains, should be developed and utilized in accordance with the provisions of the contract; change the use of deserted mountains, must be agreed by the owner, and change the content of the contract in accordance with the law; not in accordance with the provisions of the contract for the development and use of the owner has the right to terminate the contract and recover the right to use the deserted mountains. Article 13 The original has been ceded, contracted, leased and other forms of development of deserted mountains shall maintain the original ceded, contracted, leased and other developers of the legitimate rights and interests of the original developer without the consent of the original developer, shall not change the original contractual relationship. If the owner and the user agree to change the original concession, contract, lease and other forms of development, the contract can be re-signed in accordance with the provisions of this regulation. If it is not developed according to the regulations, it shall be recovered by the owner. If it is owned by the state, the land administration department at or above the county level shall report to the people's government at the same level for approval to recover it; if it is collectively owned, it shall be recovered by the village (society). Recovered land can be ceded, contracted, leased in accordance with the provisions of this regulation.