The National Forestry and Grassland Administration ("NFGA") has recently issued the Administrative Regulations on Examination and Approval of Expropriation and Occupation of Grassland (the "Regulations") which shall take effect as of July 31, 2020.
According to the Regulations, the state protects grassland resources, operates the basic grassland conservation system, and keep a tight rein on conversion of grassland to the land used for other purposes. Exploitation of mineral resources, engineering construction and construction of engineering facilities shall occupy no grassland or as little grassland as possible. The administrative provisions concerning the ecological conservation red lines should be fully observed, and in principle, no grassland within the ecological conservation red lines could be occupied. Additionally, the Regulations stipulate that where it is truly necessary to requisition, expropriate, or use grassland for the purpose of exploitation of mineral resources or engineering construction, the requisition, expropriation or use shall be examined by the NFGA if the area of grassland to be requisitioned, expropriated or used exceeds 70 hectares, and by the provincial authority of forestry and grassland if such area is exactly 70 hectares or less. Moreover, the Regulations clarify that seven circumstances, such as "illegally granting approval to the requisition, expropriation or use of grassland, beyond the approval authority", should be investigated and dealt with in line with the relevant provisions of the Grassland Law, and if any crimes are constituted in such circumstances, the parties concerned shall be held criminally liable in accordance with law.