Grassland Law of the People's Republic of China (2021 Amendment)

Grassland Law of the People's Republic of China (2021 Amendment) 中华人民共和国草原法(2021修正) Grassland Law of the People's Republic of China (Adopted at the 11th Session of the Standing Committee of the Sixth National People's Congress on June 18, 1985; revised at the 31st Session of the Standing Committee of the Ninth National People's Congress on December 28, 2002; amended for the first time in accordance with the Decision of the Tenth Session of the Standing Committee of the 11th National People's Congress Concerning Amendment to the Some Laws on August 27, 2009; amended for the second time in accordance with the Decision of the Standing Committee of the National People's Congress on Amending the Cultural Relics Protection Law of the People's Republic of China and Other Eleven Laws as adopted at the Third Session of the Standing Committee of the Twelfth National People's Congress on June 29, 2013; and amended for the third time in accordance with the Decision of the Standing Committee of the National People's Congress to Amend Eight Laws including the Road Traffic Safety Law of the People's Republic of China adopted at the 28th Session of the Standing Committee of the Thirteenth National People's Congress of the People's Republic of China on April 29, 2021.) Contents Chapter I General Provisions Chapter II Ownership of Grasslands Chapter III Planning Chapter IV Development Chapter V Use Chapter VI Protection Chapter VII Supervision and Inspection Chapter VIII Legal Responsibility Chapter IX Supplementary Provisions Chapter I General Provisions Article 1 This Law is enacted with a view to protecting, developing and making rational use of grasslands, improving the ecological environment, maintaining the diversity of living things, modernizing animal husbandry and promoting the sustainable development of the economy and society. Article 2 This Law shall be applicable to all activities of grassland planning, protection, development, use and management conducted within the territory of the People's Republic of China. The term "grasslands" mentioned in this Law refers to natural and man-made grasslands. Article 3 With regard to grasslands, the State applies the principles of scientific planning, all-round protection, giving priority to the development of key grasslands, and rational use, in order to promote the sustainable use of grasslands and the harmonious development of the ecology, economy and society. Article 4 People's governments at all levels shall improve their administration in protection, development and use of grasslands and include such protection, development and use in their national economic and social development plans. People's governments at all levels shall enhance dissemination of the knowledge, and education in the importance, of protection, development and use of grasslands. Article 5 All units and individuals shall have the duty to observe the laws and regulations on grasslands and to protect the grasslands and shall, at the same time, have the right to supervise, inform against and accuse any violation of the laws and regulations on grasslands and damage of the grasslands, Article 6 The State encourages and supports scientific research in protection, development, use and monitoring of grasslands, spreads the use of advanced technologies and achievements and trains scientists and technicians in this respect. Article 7 The State awards all units and individuals that have made outstanding contributions to the management, protection, development and rational use of, and scientific search in, grasslands. Article 8 The competent administrative department for grasslands under the State Council shall be in charge of supervision over the grasslands nationwide. The competent administrative departments for grasslands of the local people's governments at or above the county level shall be in charge of supervision over the grasslands in their respective administrative areas. People's governments of townships (towns) shall tighten supervision over and inspection of the protection, development and use of the grasslands in their own administrative areas and may, where necessary, have full- or part-time persons to be responsible for specific supervision and inspection. Chapter II Ownership of Grasslands Article 9 The grasslands are owned by the State, with the exception of the grasslands owned by collectives as provided for by law. With respect to the State-owned grasslands, the State Council shall exercise the right of such ownership on behalf of the State. No unit or individual may take illegal possession of, trade in or illegally transfer in other forms the grasslands. Article 10 The State-owned grasslands may, in accordance with law, be assigned for use to the units under the ownership by the whole people and to collective economic organizations. All units that use the grasslands shall fulfill the duty of protecting, developing and rationally using the grasslands. Article 11 With respect to the State-owned grasslands which, in accordance with law, are assigned for use to units under the ownership by the whole people and to collective economic organizations, the people's governments at or above the county level shall register such grasslands, issue certificates for the right of use to the said units and organizations after verification and thus establish their right to use such grasslands. With respect to the State-owned grasslands, for which the right of use is not assigned, the people's governments at or above the county level shall register such grasslands and shall be responsible for their protection and control. With respect to the grasslands owned by collectives, the people's governments at or above the county level shall register such grasslands, issue to the collectives the certificates of ownership after verification to and establish their right of ownership of such grasslands. Where the ownership of grasslands is changed in accordance with law, the formalities for registration of shall be completed. Article 12 The right of ownership and the right of use of the grasslands registered in accordance with law shall be protected by law, and no unit or individual may infringe upon such ownership or right. Article 13 The grasslands owned by collectives or the State-owned grasslands which have been assigned for use to collective economic organizations may be contracted for management by households individually or jointly within the said collective economic organizations. No adjustment may be made to the grasslands used by the contractors within the term of contractual management of the grasslands; where appropriate adjustments need be made to a few pieces of grasslands, the matter shall be subject to agreement by two-thirds or more members of the villagers (herdsmen) assembly, or two-thirds or more villagers' (herdsmen's) representatives, of the collective economic organization concerned and shall be reported for approval to the township (town) people's government and the competent administrative department for grasslands under the people's government at the county level. Where grasslands owned by a collective or the State-owned grasslands which are assigned for use to a collective economic organization in accordance with law are contracted to units or individuals other than the ones of the said organization, the matter shall be subject to agreement by two-thirds or more members of the villagers (herdsmen) assembly, or two-thirds or more villagers' (herdmen's) representatives, of the collective economic organization concerned and shall be reported for approval to the township (town) people's government. Article 14 For contractual management of a piece of grasslands, the party contracting out the grasslands and the contracting party shall sign a written contract. The contents of the grassland contract shall include the rights and obligations of both parties, the four boundaries, area and grade of the contracted grasslands, the term of the contract and the starting and expiration dates, the purpose of use of the grasslands and the liabilities for breach of the contract, etc. At the expiration of the term of the contract, the original contractor shall, under equal conditions, have the priority of the right to contract. The units and individuals for contractual management of grasslands shall fulfill the obligations of protecting, developing, and rationally using the grasslands in adherence to the purpose of use as agreed upon in the contract. Article 15 The right to contractual management of grasslands is protected by law, and it may be transferred in accordance with law and on the principles of voluntariness and compensation. The transferee of the right to contractual management of grasslands shall have the capability of pursuits in animal husbandry and shall fulfill the obligations of protecting, developing, and rationally using the grasslands in adherence to the purpose of use as agreed upon in the contract. The transfer of the right to contractual management of grasslands shall be subject to agreement by the party contracting out the grasslands. The term of transfer agreed upon in the transfer contract by the contractor and the transferee may not exceed the remaining period of the original contract. Article 16 Disputes over the ownership or the right of use of grasslands shall be settled by the parties through consultation; and where consultation fails, the disputes shall be handled by the people's government concerned. Disputes between units shall be handled by the people's government at or above the county level; disputes between individuals or between individuals and units shall be handled by the township (town) people's government or the people's government at or above the county level. Any party that is not satisfied with the decision made by the people's government concerned may bring a suit in the People's Court in accordance with law. Pending the settlement of a dispute over ownership of grasslands, none of the parties may change the status quo in which the grasslands is being used, or damage the grasslands in question or the facilities thereon. Chapter III Planning Article 17 The State practises a system of unified planning for protection, development and use of grasslands. The competent administrative department for grasslands under the State Council shall, together with the relevant departments under the State Council, draw up national plans for protection, development and use of grasslands and submit them to the State Council for approval before putting them into effect. The competent administrative department for grasslands under the local people's government at or above the county level shall, together with relevant departments at the same level and on the basis of the plans for protection, development and use of grasslands at the next higher level, draw up such plans for its own administrative area and submit them to the people's government at the same level for approval before putting them into effect. Where a plan for protection, development and use of grasslands really need be readjusted or modified, the matter shall be subject to approval by the original approving authority. Article 18 A plan for protection, development and use of grasslands shall be drawn up on the basis of the plan for national economic and social development and in adherence to the following principles: (1) improving the ecological environment, preserving the diversity of living things and promoting the sustainable use of grasslands; (2) basing on the existing grasslands, suiting measures to local conditions, making overall plans and, formulating different guidelines for different categories; (3) giving first place to protection, enhancing development, improving grasslands in batches and using them rationally; and (4) combining the ecological, economic and social benefits. Article 19 The plan for protection, development and use of grasslands shall include: the objective of and measures for protection, development and use of grasslands, functional division of grasslands and the general plan for various projects, and the various special plans. Article 20 The plan for protection, development and use of grasslands shall dovetail with the overall plan for land use and be coordinated with the plans for environmental protection, water and soil conservation, prevention and control of desertification, and for water resources, and long-term plans for forestry, overall urban planning, village and market town planning and other relevant plans. Article 21 Once approved, the plan for protection, development and use of grasslands shall strictly be implemented. Article 22 The State establishes a survey system for grasslands. The competent administrative department for grasslands under the local people's government at or above the county level shall, together with relevant departments at the same level, conduct survey of the grasslands; the owners or users of the grasslands are expected to assist and cooperate in such survey and provide the relevant information. Article 23 The competent administrative department for grasslands under the State Council shall, together with the relevant departments under the State Council, formulate national standards for grassland grading. The competent administrative department for grasslands under the people's government at or above the county level shall, on the basis of the results of grassland survey and the quality of the grasslands, grade the grasslands in accordance with the standards for grassland grading. Article 24 The State establishes a statistics system for grasslands. The competent administrative department for grasslands under the people's government at or above the county level shall, together with the statistics department at the same level, formulate measures for grassland survey and statistics, in accordance with law compile statistics in resp......