Grassland Law of the People's Republic of China(Revised in 2002)
Grassland Law of the People's Republic of China(Revised in 2002)
Grassland Law of the People's Republic of China(Revised in 2002)
Order of the President No.82
December 28, 2002
(Adopted at the 11th Meeting of the Standing Committee of the Sixth National People's Congress on June 18, 1985; revised at the 31st Meeting of the Standing Committee of the Ninth National People's Congress on December 28, 2002)
Table of 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 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 administrative responsible institution for grasslands under the State Council shall be in charge of supervision over the grasslands nationwide. The administrative responsible institutions 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 administrative responsible institution for grasslands under the people's government at the county level.
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