Grassland Law of the People's Republic of China

【标　　题】　Grassland Law of the People's Republic of China
【分　　类】　Resource/Environment
【时 效 性】　有效
【颁布时间】　1985年06月18日
【实施时间】　1985年10月01日
【发布部门】　STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS
GRASSLAND LAW OF THE PEOPLE'S REPUBLIC OF CHINA

(Adopted at the 11th Meeting of the Standing Committee of the
Sixth National People's Congress and promulgated by Order No. 26 of
the President of the People's Republic of China on June 18, 1985,
and effective as of October 1, 1985)

@@ /Article 1. This Law is formulated in accordance with the
provisions of the Constitution of the People's Republic of China with
a view to improving the protection, management and development of
grasslands and ensuring their rational use; protecting and
improving the ecological environment; modernizing animal
husbandry; enhancing the prosperity of the local economies of
the national autonomous areas; and meeting the needs of socialist
construction and the people's life.

@@ /Article 2. This Law shall be applicable to all grasslands
within the territory of China, including hills and lands covered with
grass.

@@ /Article 3. The department of farming and animal husbandry
under the State Council shall be in charge of administration
concerning the grasslands in the whole country. The departments
of farming and animal husbandry of the local people's governments at
the county level and above shall be in charge of administration
concerning the grasslands in their respective administrative areas.

@@ /Article 4. The grasslands are owned by the state, that is, by the
whole people, with the exception of the grasslands that are owned by
collectives in accordance with the law.

Grasslands under ownership by the whole people may be
assigned to collectives for long-term use. Grasslands under
ownership by the whole people, those under collective ownership, and
those under ownership by the whole people that are assigned to
collectives for long-term use may be contracted by collectives or
individuals for pursuits in animal husbandry.

With respect to grasslands used by units under ownership by the
whole people, the local people's governments at the county level or
above shall register such grasslands, issue certificates to the
said units after verification and thus establish their right to
use such grasslands. With respect to grasslands under collective
ownership and those under ownership by the whole people that are
assigned to collectives for long-term use, the local people's
governments at the county level shall register such grasslands,
issue certificates to the collectives after verification and thus
establish their right of ownership of the grasslands or their right to
use them.

The right to own or use grasslands shall be protected by law and may
not be infringed upon by any unit or individual.

@@ /Article 5. If there is a need for temporary adjustments in the
use of grasslands under special circumstances, such as in the
event of natural disasters, the matter shall be settled by the
parties concerned through negotiation on the principles of
voluntariness and mutual benefit. Where there is a need for
temporary adjustments in the use of grasslands that cross the borders
of different counties, the county people's governments concerned shall
sponsor negotiations for the settlement of the matter.

@@ /Article 6. Disputes over the right of ownership of grasslands
or the right to use them shall be settled by the parties
concerned through negotiation on the principle of mutual
understanding and mutual accommodation in the interest of unity.
If no agreement can be reached through such negotiation, the
disputes shall be handled by the people's governments.

Disputes over the right of ownership of grasslands or the right to
use them that arise between units under ownership by the whole people,
between units under collective ownership or between units under
ownership by the whole people and those under collective ownership
shall be handled by the people's governments at the county level or
above.

Disputes over the right to use grasslands that arise between
individuals, between individuals and units under ownership by
the whole people or between individuals and units under collective
ownership shall be handled by the people's governments at the township
or county level.

If the parties concerned disagree with the decision made by the
people's government, they may file a suit in a people's court within
one month after they have been informed of the decision.

Pending the settlement of a dispute, none of the parties
concerned may destroy the resources of the grasslands in
question or the facilities therein.

@@ /Article 7. When grasslands owned by collectives are to be
requisitioned for state construction the matter shall be handled in
accordance with the provisions of the Regulations Concerning Land
Requisition for State Construction.

If grasslands under ownership by the whole people that are
assigned to collectives for long-term use are to be used for state
construction, due compensation shall be paid to the collectives
concerned and proper arrangements made for the productive
pursuits and livelihood of herdsmen with reference to the
provisions of the Regulations Concerning Land Requisition for
State Construction.

If grasslands in national autonomous areas are to be requisitioned
or used for state construction, due consideration shall be given to
the interests of the national autonomous areas and arrangements
made in favour of the economic development of those areas.

The temporary use of grasslands for state construction shall be
effected in accordance with the provisions of the Regulations
Concerning Land Requisition for State Construction. When the
period of use expires, the unit that has used the grasslands shall
restore the grassland vegetation.

@@ /Article 8. The local people's governments at various levels
shall be responsible for conducting general surveys of grassland
resources within their respective administrative areas and
formulating plans for the development of animal husbandry, which
shall be incorporated into the plans for national economic
development, in order to improve the protection of the grasslands,
promote their development and ensure their rational use, and increase
the capacity for raising livestock on the grasslands.

@@ /Article 9. The state shall encourage scientific research in
animal husbandry on the grasslands in order to raise the
scientific and technological level in this field of endeavour.

The state shall encourage the growing of grass in farming,
forestry and pastoral areas and in cities and towns so as to promote
the development of animal husbandry and improve the ecological
environment.

The state shall protect the ecological environment of the
grasslands, to prevent and control pollution.

@@ /Article 10. Rigorous measures shall be adopted to
protect the vegetation of the grasslands; land reclamation
and destruction of grasslands shall be prohibited. Reclamation
of limited stretches of grassland by users of such land must
be approved by the local people's governments at the county level
or above. Where land reclamation has already caused aridity or
serious soil erosion, the local people's governments at the
county level or above shall close the area for a limited time and
order the reclaimers to restore the vegetation and defer farming for a
return to animal husbandry.

@@ /Article 11. Persons who wish to cut shrubs, dig medicinal herbs
or wild plants on the grasslands, scrape alkaline earth off the
grasslands or move away fertile soil must secure the agreement of the
users of the grasslands and the approval of the people's
governments at the township or county level; they must operate within
the designated areas, fill the holes in the ground immediately after
digging and keep part of the mother plants intact.

Cutting or digging shrubs, medicinal herbs or other sand-fixation
plants on desert or semi-desert grasslands or in arid areas shall be
prohibited. No one may collect rare and precious wild plants from
the grasslands without the approval of a people's government at the
county level.

@@ /Article 12. Grasslands shall be used rationally and
overgrazing prevented. Where aridity, degeneration or soil erosion
occurs as a result of overgrazing, users of the grasslands shall be
required to reduce grazing and resow forage grass so as to
restore vegetation. Where man-made grasslands have already
been established, extra control shall be administered; they shall
be rationally managed and used in a scientific way, so as to prevent
degeneration.

@@ /Article 13. The local people's governments at various levels
shall take measures to combat grassland pests and mice and protect
those beneficial animals and birds that feed on pests and mice.

@@ /Article 14. The local people's governments at various levels
shall take measures to prevent and treat endemic diseases among
livestock and diseases contracted commonly by both human beings and
livestock in grassland areas.

Hunters of wild animals on the grasslands shall be required to
observe strictly the regulations of the local people's governments
concerning the prevention of epidemic diseases.

@@ /Article 15. Motor vehicle drivers shall take care to
protect the grasslands when driving across them. Where there are
regular highways, vehicles may not deviate from them.

Purchasers of domestic animals shall drive and graze them along
designated routes and may not contend with herdsmen over grazing
grounds or water resources.

@@ /Article 16. Efforts shall be strengthened to prevent fires
on the grasslands, implementing the principle of " put
prevention first and combine prevention with elimination." A
responsibility system for fire prevention shall be instituted. Fire
prevention rules and pledges shall be formulated and specific periods
shall be designated for fire prevention on the grasslands. During
those periods, safety measures shall be adopted and rigorously
administered. When a grassland fire breaks out, masses of people should
be organized promptly to put it out, the cause of the fire and the
losses sustained should be determined through investigation and the
case should be handled without delay.

@@ /Article 17. Units or individuals that have achieved outstanding
success in protecting, managing and developing the grasslands or
in developing animal husbandry on the grasslands shall be given
commendation or material awards by the local people's governments at
various levels.

@@ /Article 18. When a person's right of ownership of grasslands
or his right to use them has been infringed upon, he may apply for
settlement to the farming and animal husbandry department of
the local people's government at the county level or above. The
farming and animal husbandry department concerned shall have the
power to order the infringing party to stop such infringement and
compensate for the losses sustained by the victim. The victim may
also directly file a suit in a people's court.

@@ /Article 19. The farming and animal husbandry departments of the
local people's governments at the county level or above shall have
the power to order anyone who reclaims grassland in violation of the
provisions of this Law to stop reclaiming it and restore vegetation;
a fine may be imposed in serious cases.

@@ /Article 20. If anyone damages the vegetation of the
grasslands by cutting or digging sand-fixation plants or other wild
plants or by moving away soil in violation of the provisions of
this Law, the people's governments at the township level and
the farming and animal husbandry departments of the people's
governments at the county level shall have the power to stop him
and order him to restore the vegetation and compensate for the losses.
A fine may be imposed in serious cases.

@@ /Article 21. If a party concerned disagrees with the decision on
a fine or compensation as made by the relevant farming and
animal husbandry department of a local people's government or by a
people's government at the township level, it may file a suit in a
people's court within one month of being informed of the decision.
If upon the expiration of the period a party concerned has neither
filed a suit nor obeyed the decision by paying the fine, the relevant
farming and animal husbandry department of the local people's
government or the people's government at the township level may
request the people's court for compulsory execution.

@@ /Article 22. The farming and animal husbandry department under the
State Council shall, in accordance with this Law, formulate
rules for its implementation and shall submit them to the State
Council for approval before they are put into effect.

The standing committees of the people's congresses of autonomous
regions and provinces may formulate rules for the implementation
of this Law in accordance with the provisions of the Constitution and
the principles laid down in this Law and in the light of the
characteristics of their respective localities, and they shall
submit the rules to the Standing Committee of the National People's
Congress for the record.

@@ /Article 23. This Law shall come into force as of October 1, 1985.