2021-11-10

Valid for five years

Land that is temporarily used for construction projects, geological surveys, etc., without building permanent buildings (structures), and that can be restored after use (the original land can be restored through reclamation or reached a state that can be used)

Temporary and recoverable

Temporary office and living buildings constructed during the construction process of the construction project to directly serve the construction personnel, including land used for temporary office buildings, living rooms, work sheds, etc.; Project self-use auxiliary projects that directly serve the construction of the project, including agricultural surface soil stripping and storage yards, material storage yards, beam making yards, mixing stations, steel bar processing plants, construction access roads, transportation access roads, above-ground line erection, and underground pipeline laying operations, Land used by borrow pits, spoil (slag) sites, etc. for energy, transportation, water conservancy and other infrastructure projects

Mineral resources exploration, engineering geology exploration, hydrogeology exploration, etc., land used for temporary living quarters, temporary work sheds, exploration operations and auxiliary projects, construction access roads, transportation access roads, etc. during the exploration period, including drilling well sites, Land used for drilling and supporting facilities such as supporting pipelines, power facilities, access roads, etc.

Other land that needs to be temporarily used in compliance with laws and regulations

When using temporary land for construction projects and geological surveys, we should adhere to the principle of "use as much, grant as much, occupy as much, and restore as much as possible", and try to occupy no or as little cultivated land as possible

For temporary land that is difficult to reclaim after use, the occupation of cultivated land must be strictly controlled.

For individually sited construction projects such as railways and highways, construction should be organized scientifically and temporary land used economically and intensively.

Beam making yards, mixing stations, etc. that are difficult to restore to the original planting conditions shall not occupy cultivated land and permanent basic farmland in the form of temporary land use. They may use the land in the form of construction land or temporarily occupy unused land.

If the temporary land really needs to occupy permanent basic farmland, it must be able to restore the original planting conditions and comply with the application in the "Notice of the Ministry of Natural Resources and the Ministry of Agriculture and Rural Affairs on Strengthening and Improving the Protection of Permanent Basic Farmland" (Natural Resources Regulations [2019] No. 1) Conditions, soil stripping, reclamation acceptance and other relevant regulations

The period of temporary land use generally does not exceed two years

Temporary land used for the construction of energy, transportation, water conservancy and other infrastructure construction projects with a long construction period, with a period of no more than four years

The period of planning permission for temporary construction land and planning permission for temporary construction projects within the urban development boundary should be consistent with the period of temporary land use.

The period of use of temporary land shall be calculated from the date of approval

The county (city) natural resources department is responsible for the approval of temporary land use If it involves the occupation of cultivated land and permanent basic farmland, the natural resources department at or above the municipal level shall be responsible for examination and approval.

It is not allowed to delegate the power of examination and approval for temporary land use or to entrust relevant departments to exercise the power of examination and approval.

To apply for temporary land use, an application form for temporary land use, temporary land use contract, project construction basis documents, land reclamation plan report form, land ownership materials, survey and demarcation materials, photos of current land use and other necessary materials must be provided.

The applicant for temporary land use shall sign a temporary land use contract with the county (city) natural resources department or rural collective economic organization or village committee based on the land ownership, specifying the location, scope, area and current land type of the temporary land, as well as the temporary use Land purpose, usage period, land reclamation standards, compensation fees and payment methods, liability for breach of contract, etc.

The applicant for temporary land use shall prepare a land reclamation plan report form for temporary land use, which shall be reviewed by the relevant natural resources department.

If the temporary land applied for use is within the scope of the approved land reclamation plan when the project construction land is submitted for approval, the land reclamation plan report form will not be prepared again.

Temporary land users shall use the land in accordance with the approved purposes and shall not transfer, lease or mortgage temporary land.

Temporary land users shall complete land reclamation within one year from the expiration of the temporary land use. If the reclamation is affected by force majeure factors such as weather and disasters, the reclamation period may be appropriately extended with approval.

After the temporary land use period expires, temporary buildings (structures) should be demolished, and cultivated land should be reclaimed as cultivated land to ensure that the area of ​​cultivated land is not reduced and the quality is not degraded.

Agricultural land other than cultivated land should be restored to agricultural land

For those who use unused land, those who meet the conditions are encouraged to reclaim it as cultivated land.

The county (city) natural resources department shall supervise the performance of reclamation obligations by temporary land users in accordance with the law. Those who fail to restore planting conditions after the expiration date or violate land reclamation regulations shall order corrections within a time limit and impose penalties in accordance with laws and regulations.

According to annual statistics, if the temporary land within the county (city) is overdue for more than one year and the uncompleted land reclamation scale reaches more than 20% of the land that should be reclaimed, the provincial natural resources department shall require the county (city) to suspend the approval of new land. The temporary land use will be resumed based on the county (city) rectification situation.

Starting from March 1, 2022, the county (city) natural resources department shall, within 20 working days after the temporary land use is approved, transmit the temporary land approval documents, contracts, four-pronged scope, land use status photos, images and information, etc. Go to the temporary land information system to complete the system allocation and disclose the temporary land approval information to the public.

The county (city) natural resources department is responsible for urging temporary land users to carry out land reclamation work in accordance with the land reclamation plan report form, and timely update land reclamation and other information in the information system

Provincial natural resources authorities are responsible for regular spot checks on the use and reclamation of temporary land occupied by cultivated land and permanent basic farmland, and will publicly notify those that do not meet land use requirements and have not completed reclamation tasks.

The national natural resources inspection agency should strengthen supervision and inspection of the implementation of temporary land use policies, urge local governments and departments to implement their approval and supervision responsibilities, and rectify and correct outstanding problems with illegal and illegal temporary land use.

Natural resources authorities at all levels should carefully review the approval and reclamation of temporary land in conjunction with the approval documents, contracts, imaging data, land reclamation plan report forms, etc. in the temporary land information system during annual land change surveys and satellite law enforcement inspections. Condition

Natural resources authorities at all levels must seriously investigate and deal with illegal and illegal approvals, use of temporary land, temporary construction without approval, and failure to complete reclamation of temporary land beyond the reclamation period. The results of the handling shall be publicly notified to the public and shall be implemented in accordance with regulations. Transfer clues to the problem in accordance with the law and hold those responsible accountable