(1991adopted at the 20th meeting of the 7th NPC Standing Committee on June 29th, 2006 and revised at the 18th meeting of the 11th NPC Standing Committee on February 25th, 2006)

catalogue

Chapter I General Principles

Chapter II Planning

Chapter III Prevention

Chapter IV Governance

Chapter V Monitoring and Supervision

Chapter VI Legal Liability

Chapter VII Supplementary Provisions

Chapter I General Principles

Article 1 This Law is formulated for the purpose of preventing and controlling soil erosion, protecting and rationally utilizing soil and water resources, alleviating floods, droughts and sandstorms, improving the ecological environment and ensuring sustainable economic and social development.

Article 2 This Law shall be observed when engaging in soil and water conservation activities within the territory of People's Republic of China (PRC).

The term "soil and water conservation" as mentioned in this Law refers to the preventive and control measures taken against soil erosion caused by natural factors and human activities.

Article 3 The work of soil and water conservation shall follow the principles of giving priority to prevention, protection, overall planning, comprehensive management, adjusting measures to local conditions, highlighting key points, scientific management and paying attention to benefits.

Article 4 The people's governments at or above the county level shall strengthen unified leadership over the work of soil and water conservation, incorporate the work of soil and water conservation into the national economic and social development plan at the corresponding level, arrange special funds for the tasks determined in the plan of soil and water conservation, and organize their implementation.

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

Fifth the State Council water administrative department in charge of the national soil and water conservation work.

River basin management institutions established by the water administrative department of the State Council in important rivers and lakes designated by the state (hereinafter referred to as river basin management institutions) shall undertake the supervision and management responsibilities of soil and water conservation within their respective jurisdictions.

The water administrative department of the local people's government at or above the county level shall be in charge of the work of soil and water conservation in this administrative area.

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

Sixth people's governments at all levels and their relevant departments should strengthen the publicity and education of soil and water conservation, popularize scientific knowledge of soil and water conservation, and enhance public awareness of soil and water conservation.

Article 7 The State encourages and supports scientific and technological research on water and soil conservation, improves the scientific and technological level of water and soil conservation, popularizes advanced technologies of water and soil conservation, and trains scientific and technical personnel of water and soil conservation.

Article 8 All units and individuals have the obligation to protect water and soil resources and prevent soil erosion, and have the right to report acts that destroy water and soil resources and cause soil erosion.

Article 9 The State encourages and supports social forces to participate in soil and water conservation.

Units and individuals that have made remarkable 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

Tenth soil and water conservation planning should be based on the survey results of soil erosion and the delineation of key prevention areas and key control areas of soil erosion, and follow the principle of overall coordination and classified guidance.

Eleventh the State Council water administrative department shall regularly organize the national soil erosion survey, and publish the survey results.

The water administrative departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall be responsible for the investigation of soil erosion within their respective administrative areas and publish the results of the investigation. Before publication, the survey results shall be reported to the water administrative department of the State Council for the record.

Twelfth people's governments at or above the county level shall, according to the survey results of soil erosion, delimit and publish key prevention areas and key control areas of soil erosion.

Areas with high potential risk of soil erosion should be designated as key prevention areas of soil erosion; Areas with serious soil erosion should be designated as key areas for soil erosion control.

Thirteenth soil and water conservation planning should include the present situation of soil erosion, the classification of soil erosion types, the objectives, tasks and measures of soil erosion prevention and control.

Soil and water conservation planning includes the overall deployment of water and soil erosion prevention, protection and rational utilization of water and soil resources in river basins or regions, and the special deployment of water and soil conservation or soil erosion prevention in specific regions according to the overall deployment.

Soil and water conservation planning should be coordinated with the overall land use planning, water resources planning, urban and rural planning and environmental protection planning.

The opinions of experts and the public shall be solicited in the compilation of soil and water conservation plans.

Article 14 The water administrative department of the people's government at or above the county level shall, jointly with the relevant departments of the people's government at the same level, draw up a water and soil conservation plan, which shall be organized and implemented by the water administrative department after being approved by the people's government at the same level or its authorized department.

Once the water and soil conservation plan is approved, it should be strictly implemented; If the approved plan needs to be revised according to the actual situation, it shall be reported to the original approval authority for approval in accordance with the planning procedures.

Article 15 Where the planning of infrastructure construction, mineral resources development, urban construction and public service facilities construction may cause soil erosion in the implementation process, the planning organ shall put forward countermeasures and measures to prevent soil erosion in the planning, and seek the opinions of the water administrative department of the people's government at the same level before the planning is submitted for approval.

Chapter III Prevention

Article 16 Local people's governments at various levels shall, in accordance with the water and soil conservation plan, take measures such as enclosure protection and natural restoration, organize units and individuals to plant trees and grass, expand the area covered by forests and grass, conserve water sources, and prevent and mitigate soil erosion.

Seventeenth local people's governments at all levels should strengthen the management of soil, sand, quarrying and other activities to prevent and reduce soil erosion.

It is forbidden to engage in activities that may cause soil erosion, such as earth borrowing, sand digging, quarrying, etc., in dangerous areas of landslides and areas prone to mudslides. The scope of the dangerous area of collapse and landslide and the area prone to debris flow shall be delineated and promulgated by the local people's governments at or above the county level. The delineation of the dangerous areas of landslides and debris flows should be linked with the geological disaster-prone areas and key prevention and control areas determined by the geological disaster prevention and control plan.

Eighteenth areas with serious soil erosion and fragile ecology should restrict or prohibit production and construction activities that may cause soil erosion, and strictly protect plants, sand shells, hard shells and lichens.

Land owners, users or relevant management units shall build plant protection areas on the slopes of eroded gullies, on both sides of rivers and around lakes and reservoirs. Reclamation and development of plant protection areas are prohibited.

Article 19 The owners or users of water and soil conservation facilities shall strengthen the management and maintenance of water and soil conservation facilities, implement the responsibility of management and protection, and ensure their normal functions.

Article 20 It is forbidden to plant crops on steep slopes above 25 degrees. If economic forests are planted on steep slopes above 25 degrees, tree species should be selected scientifically, the scale should be determined reasonably, and soil and water conservation measures should be taken to prevent soil erosion.

Provinces, autonomous regions and municipalities directly under the Central Government may, according to the actual conditions of their respective administrative regions, stipulate that reclamation is prohibited with a slope of less than 25 degrees. The scope of steep slopes prohibited from reclamation shall be delineated and published by the local people's government at the county level.

Twenty-first prohibit deforestation and collecting Nostoc flagelliforme. It is forbidden to shovel turf, dig tree pockets or dig cordyceps, licorice, ephedra, etc. In key prevention areas and key control areas of soil erosion.

Twenty-second trees should be cut in a reasonable way and clear cutting should be strictly controlled; Water conservation forest, soil and water conservation forest, windbreak and sand fixation forest can only be cut for tending and regeneration; Measures should be taken to prevent soil erosion in logging areas and skidding roads, and afforestation should be updated in time after logging.

If trees are cut in forest areas, there should be soil and water conservation measures in the cutting plan. After the logging plan is approved by the competent forestry department, it shall be supervised and implemented by the competent forestry department and the water administrative department.

Twenty-third in the hillside above five degrees, planting trees, tending young forests and planting Chinese herbal medicines, soil and water conservation measures should be taken.

Soil and water conservation measures should be taken to plant crops in the wasteland where the slope is forbidden to be below five degrees or above five degrees. Specific measures shall be formulated by provinces, autonomous regions and municipalities directly under the Central Government according to the actual conditions of their respective administrative regions.

Twenty-fourth production and construction projects should avoid the key prevention areas and key control areas of soil erosion when selecting sites and routes; If it is inevitable, we should improve the prevention and control standards, optimize the construction technology, reduce the surface disturbance and vegetation destruction area, and effectively control the possible soil erosion.

Article 25 Where production and construction projects that may cause soil erosion are built in mountainous areas, hilly areas, sand-blown areas and other areas prone to soil erosion as determined in the soil and water conservation plan, the production and construction unit shall prepare a soil and water conservation plan and submit it to the water administrative department of the people's government at or above the county level for examination and approval, and take measures to prevent and control soil erosion in accordance with the approved soil and water conservation plan. If there is no ability to prepare a soil and water conservation plan, it shall entrust an institution with corresponding technical conditions to prepare it.

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

After the approval of the water and soil conservation plan, if the location and scale of the production and construction projects have undergone major changes, the water and soil conservation plan shall be supplemented or modified and submitted to the original examination and approval authority for approval. During the implementation of the water and soil conservation plan, if the water and soil conservation measures need to be significantly changed, it shall be approved by the original examination and approval authority.

Measures for the preparation and examination and approval of water and soil conservation schemes for production and construction projects shall be formulated by the water administrative department of the State Council.

Twenty-sixth production and construction projects that should be prepared according to law, if the production and construction units have not prepared the water and soil conservation plan or the water and soil conservation plan has not been approved by the water administrative department, the production and construction projects may not start construction.

Twenty-seventh water and soil conservation facilities in production and construction projects that should be prepared according to law should be designed, constructed and put into use at the same time as the main project; When the production and construction projects are completed and accepted, the water and soil conservation facilities shall be accepted; Water and soil conservation facilities without acceptance or unqualified acceptance, production and construction projects shall not be put into use.

Article 28 The sand, stone, soil, gangue, tailings and waste residue discarded in the production and construction activities of production and construction projects that should be prepared according to law should be comprehensively utilized; If it cannot be comprehensively utilized and really needs to be abandoned, it should be piled up in a special storage place determined by the soil and water conservation plan, and measures should be taken to ensure that it will not cause new harm.

Twenty-ninth water administrative departments and river basin management agencies of the people's governments at or above the county level shall follow up and check the implementation of water and soil conservation schemes for production and construction projects, and deal with problems in time when they are found.

Chapter IV Governance

Article 30 The State shall strengthen the construction of key water and soil conservation projects such as changing slopes into ladders and warping dams and strengthen ecological restoration in key areas for prevention and control of soil erosion and key control areas.

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

Article 31 The State shall strengthen the prevention and control of soil erosion in river headwaters, drinking water source protection areas and water source conservation areas, raise funds through various channels, and incorporate the ecological benefit compensation of soil and water conservation into the ecological benefit compensation system established by the State.

Thirty-second run production and construction projects or engage in other production and construction activities caused by soil erosion, should be treated.

If production and construction projects or other production and construction activities are carried out in mountainous areas, hilly areas, wind-blown sand areas and other areas prone to soil erosion as determined by the soil and water conservation plan, resulting in the destruction of soil and water conservation facilities, landforms and vegetation, and the original functions of soil and water conservation cannot be restored, compensation fees for soil and water conservation shall be paid and earmarked for the prevention and control of soil erosion. The water administrative department is responsible for organizing the implementation of special soil erosion prevention and control work. Measures for the collection and use of compensation fees for soil and water conservation shall be formulated by the finance department of the State Council and the price department of the State Council jointly with the water administrative department of the State Council.

Water and soil conservation expenses incurred in the construction and production of production and construction projects shall be handled in accordance with the unified national financial accounting system.

Article 33 The State encourages units and individuals to participate in soil erosion control in accordance with the soil and water conservation plan, and gives them support in terms of funds, technology and taxation.

Article 34 The State encourages and supports the contracted operation of barren hills, gullies, hills and beaches, prevents soil erosion, protects and improves the ecological environment, promotes the rational development and sustainable utilization of land resources, and protects the legitimate rights and interests of land contracting parties according to law.

In contracting barren hills, ditches, ridges, wasteland and rural land in areas with serious soil erosion, the responsibility for preventing soil erosion shall be included in the land contract signed according to law.

Article 35 In areas with hydraulic erosion, local people's governments at various levels and their relevant departments shall organize units and individuals to take natural gullies and small watersheds formed by slopes on both sides as units, and take measures such as engineering measures, plant measures and conservation tillage according to local conditions to comprehensively control soil erosion of sloping farmland and ditches.

In wind erosion areas, local people's governments at all levels and their relevant departments shall organize units and individuals to take measures such as rotational grazing, planting trees and grass, setting up artificial sand barriers and grid forest belts according to local conditions, and establish a wind-proof and sand-fixing protection system.

In gravity erosion areas, local people's governments at all levels and their relevant departments shall organize units and individuals to establish monitoring, forecasting and early warning systems by taking measures such as monitoring, runoff drainage, slope cutting and load reduction, slope protection and soil retaining works.

Article 36 In drinking water source protection areas, local people's governments at various levels and their relevant departments shall organize units and individuals to take preventive protection, natural restoration and comprehensive control measures, build plant filter belts, actively promote biogas, build clean small watersheds, strictly control the use of chemical fertilizers and pesticides, reduce non-point source pollution caused by soil erosion, and protect drinking water sources.

Article 37 Where crops are planted on steep slopes where reclamation is prohibited, the land shall be returned to farmland, and trees and grass shall be planted in accordance with the relevant provisions of the state; If arable land is insufficient and it is really difficult to return farmland, terraces should be built or other soil and water conservation measures should be taken.

If crops are planted on sloping farmland below the forbidden slope, measures such as building terraces, improving slope water system, storing water and conserving soil or returning farmland should be taken according to different situations.

Article 38 The topsoil of the land occupied by production and construction activities shall be stripped, preserved and utilized in layers, so as to realize the balance of earthwork excavation and filling and reduce the range of surface disturbance; Measures such as retaining soil, slope protection, flood control and drainage should be taken for abandoned storage places such as sand, stone, soil, gangue, tailings and waste residue. After the production and construction activities, we should plant trees and grass, restore vegetation, and reclaim the closed tailings pond on the exposed land of the borrow yard, excavation face and storage place in time.

Engaged in production and construction activities in arid and water-deficient areas, wind erosion prevention measures should be taken, precipitation storage and infiltration facilities should be set up, and precipitation resources should be fully utilized.

Article 39 The State encourages and supports the following measures that are beneficial to soil and water conservation in mountainous areas, hilly areas, sand-blown areas and other areas prone to soil erosion:

(1) No-tillage, contour tillage, crop rotation, grass-field crop rotation, intercropping and interplanting, etc. ;

(2) Closed tending, rotational grazing and captive breeding;

(3) Developing biogas and firewood-saving stoves, using solar energy, wind energy and water energy to replace firewood with coal, electricity and gas;

(4) Migration from ecologically fragile areas;

(five) other measures conducive to soil and water conservation.

Chapter V Monitoring and Supervision

Fortieth the water administrative department of the people's government at or above the county level shall strengthen the monitoring of soil and water conservation, and give play to the role of soil and water conservation monitoring in government decision-making, economic and social development and social public services. The people's governments at or above the county level shall guarantee the funds for soil and water conservation monitoring.

The water administrative department of the State Council should improve the national monitoring network of soil and water conservation 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 erosion, the production and construction unit shall monitor the soil erosion caused by production and construction activities by itself or entrust an institution with the qualification of soil and water conservation monitoring, and report the monitoring situation to the local water administrative department regularly.

Engaged in soil and water conservation monitoring activities shall abide by the relevant national technical standards, norms and procedures to ensure the monitoring quality.

Article 42 The water administrative department of the State Council and the people's governments of provinces, autonomous regions and municipalities directly under the Central Government shall regularly announce the following items according to the monitoring of soil and water conservation:

(a) the type, area, intensity, distribution and changing trend of soil erosion;

(two) the harm caused by soil erosion;

(3) Prevention and control of soil erosion.

Forty-third people's governments at or above the county level shall be responsible for the supervision and inspection of soil and water conservation. River basin management agencies may exercise the power of supervision and inspection of the water administrative department of the State Council within their jurisdiction.

Forty-fourth water conservancy supervision and inspection personnel shall have the right to take the following measures when performing their duties of supervision and inspection according to law:

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

(two) require the inspected units or individuals to explain the relevant situation of prevention and control of soil erosion;

(3) Entering the site for investigation and evidence collection.

If the inspected unit or individual refuses to stop the illegal act, resulting in serious soil erosion, the tools, construction machinery and equipment that commit the illegal act may be sealed up and detained with the approval of the water administrative department.

Forty-fifth water conservancy supervision and inspection personnel shall show their law enforcement certificates when performing their duties of supervision and inspection according to law. The units or individuals under inspection shall cooperate with the supervision and inspection of soil and water conservation, truthfully reflect the situation and provide relevant documents, certificates and materials; Shall not refuse or hinder the water conservancy supervision and inspection personnel to perform official duties according to law.

Article 46 Disputes over soil erosion between different administrative regions shall be settled through consultation; If negotiation fails, it shall be decided by the people's government at the next higher level.

Chapter VI Legal Liability

Article 47 If the water conservancy administrative department or other departments exercising supervision and management power in accordance with the provisions of this Law fail to make an administrative licensing decision or handle approval documents according to law, refuse to investigate and deal with illegal acts after discovering them or receiving reports of illegal acts, or have other behaviors that fail to perform their duties in accordance with the provisions of this Law, the directly responsible person in charge and other directly responsible personnel shall be punished according to law.

Forty-eighth in violation of the provisions of this law, engaged in soil, sand, quarrying and other activities that may cause soil erosion. In the dangerous area of collapse and landslide or the area prone to debris flow, the water administrative department of the local people's government at or above the county level shall order it to stop its illegal behavior, confiscate its illegal income, and impose a fine of more than 1,000 yuan and less than 10,000 yuan on individuals and a fine of more than 20,000 yuan and less than 200,000 yuan on units.

Article 49 Anyone who, in violation of the provisions of this Law, reclaims crops on steep slopes where reclamation is prohibited, or reclaims and develops crops in plant protection areas where reclamation and development are prohibited, shall be ordered by the water administrative department of the local people's government at or above the county level to stop the illegal act and take remedial measures such as returning farmland and restoring vegetation; According to the area reclaimed or developed, individuals may be fined less than two yuan per square meter, and units may be fined less than ten yuan per square meter.

Article 50 Whoever, in violation of the provisions of this Law, destroys forests and weeds for reclamation shall be punished in accordance with the relevant provisions of the Forest Law of People's Republic of China (PRC) and the Grassland Law of People's Republic of China (PRC).

Article 51 Whoever, in violation of the provisions of this Law, collects Nostoc flagelliforme, shovels turf, digs tree bags, digs Cordyceps sinensis, licorice, ephedra, etc. In the key prevention areas and key control areas of soil erosion, the water administrative department of the local people's government at or above the county level shall order it to stop the illegal behavior, take remedial measures, confiscate the illegal income, and impose a fine of more than/kloc-0 and less than 5 times the illegal income; If there is no illegal income, a fine of less than 50 thousand yuan may be imposed.

Those who violate the provisions of the preceding paragraph in grassland areas shall be punished in accordance with the relevant provisions of the Grassland Law of People's Republic of China (PRC).

Article 52 Where trees are cut in forest areas without taking measures to prevent soil erosion according to law, the competent forestry department and water administrative department of the local people's government at or above the county level shall order it to make corrections within a time limit and take remedial measures; If soil erosion is caused, the water administrative department 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 Anyone who violates the provisions of this Law and commits any of the following acts shall be ordered by the water administrative department of the people's government at or above the county level to stop the illegal act and complete the formalities within a time limit; Fails to handle, punishable by a fine of 50 thousand yuan and 500 thousand yuan; The person in charge directly responsible for the production and construction unit and other directly responsible personnel shall be punished according to law:

(a) the production and construction projects that should be prepared in accordance with the law, but have not been prepared or started without approval;

(two) the location and scale of production and construction projects have changed significantly, and the water and soil conservation plan has not been supplemented or modified, or the supplemented or modified water and soil conservation plan has not been approved by the original examination and approval authority;

(three) during the implementation of the water and soil conservation plan, major changes have been 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, water and soil conservation facilities are put into production and use without acceptance or unqualified acceptance, the water administrative department of the people's government at or above the county level shall order them to stop production or use until they pass the acceptance and impose a fine of not less than 50,000 yuan but not more than 500,000 yuan.

Article 55 Anyone who, in violation of the provisions of this Law, dumps sand, stones, soil, tailings and waste residue in other areas other than the special storage areas specified in the water and soil conservation plan shall be ordered by the water administrative department of the local people's government at or above the county level to stop the illegal act, clean it up within a time limit, and impose a fine of not less than 10 yuan but not more than 20 yuan per cubic meter according to the dumping amount; If it is still not cleaned up within the time limit, the water administrative department of the local people's government at or above the county level may designate a unit with cleaning capacity to clean up on its behalf, and the expenses required shall be borne by the violator.

Article 56 Whoever, in violation of the provisions of this Law, runs production and construction projects or engages in other production and construction activities and causes soil erosion shall be ordered by the water administrative department of the people's government at or above the county level to treat it within a time limit; If it is still not treated within the time limit, the water administrative department of the people's government at or above the county level may designate a competent unit to treat it on its behalf, and the expenses required shall be borne by the violator.

Article 57 Whoever, in violation of the provisions of this Law, refuses to pay the compensation fee for soil and water conservation shall be ordered by the water administrative department of the people's government at or above the county level to pay it within a time limit; Fails to pay within the time limit, from the date of overdue, 0.5% of the overdue part shall be charged a late fee on a daily basis, and a fine of less than 3 times of the compensation fee payable for soil and water conservation may be imposed.

Article 58 Whoever violates the provisions of this Law and causes harm to soil erosion shall bear civil liability according to law; If it constitutes a violation of public security administration, it shall be punished by the public security organ according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.

Chapter VII Supplementary Provisions

Article 59 Water and soil conservation institutions determined by local people's governments at or above the county level according to local actual conditions shall exercise the responsibilities of water and soil conservation of water administrative departments as stipulated in this Law.

Article 60 This Law shall come into force as of March 1 day, 2065.