Notice of the Ministry of Natural Resources on Further Improving the protection of elements of Land and sea use
Departments in charge of natural resources (Marine) of provinces, autonomous regions, municipalities directly under the Central Government and cities under separate planning, Bureau of Natural Resources of Xinjiang Production and Construction Corps:
In order to fully implement the spirit of the Party's 20th National Congress and the Central Economic Work Conference and the national "Two Sessions", effectively implement the decision-making and deployment of the Party Central Committee and The State Council on implementing new development concepts and promoting high-quality development, on the basis of strictly adhering to the bottom line of resource assets security and maintaining the continuity and stability of effective policies and measures, We hereby inform you of the following measures to further improve the policies and measures for guaranteeing land and sea use factors.
1. We will speed up the review and approval of territorial space plans
1. Strictly implement the Outline of the National Territorial Space Plan (2021-2035) and the delineation results of the "three regions and three tiers", and speed up the preparation and approval of territorial space plans at local levels. In the transitional period before the formal approval of the territorial spatial plan at all levels, for the provinces where the provincial territorial spatial plan has been submitted to The State Council, the competent department of natural resources of the people's government with the power of approval has organized the examination and approval of the overall territorial spatial plan, which can be used as the basis for submission and approval of the project land for sea use island. Where the territorial spatial plan specifies requirements such as the scope of development and utilization of uninhabited islands and specific protection measures, a plan for the protection and utilization of uninhabited islands may no longer be drawn up.
Second, optimize the construction project land review and approval requirements
2. Narrow the scope of land pre-examination. The following situations do not need to apply for pre-examination of land use, directly apply for the conversion of agricultural land and land acquisition: (1) The construction project land within the scope of the construction land of cities, villages and market towns determined by the territorial spatial plan; (2) Oil and gas "exploration and production integration" and "exploration and conversion" drilling and supporting facilities construction land; (3) Mining land that has the conditions for directly transferring mining rights and can clearly define the specific scope of land use; (4) Land for the continuation of open-pit coal mines; (5) inundation area land involved in water conservancy and hydropower projects.
3. Simplify pre-examination and review of land use for construction projects. Where the adjustment of planned land use is involved, the focus shall be on examining whether it is in line with the circumstances allowing the adjustment, and the plan for the adjustment of planned land use shall be submitted at the stage of handling the conversion of agricultural land and land acquisition; Involving the occupation of permanent basic farmland, the focus is to examine whether it is in line with the permitted occupation situation and the possibility of avoiding the land, and the supplementary plan is submitted at the stage of agricultural land conversion and land acquisition; Involving the occupation of the red line of ecological protection, the focus is to examine whether it belongs to the scope of major national projects outside the scope of allowing limited human activities, and submit the inescapable demonstration opinions issued by the provincial people's government in the process of agricultural land conversion and land acquisition.
4. Major projects can apply for pre-emptive land. In the national major projects and provincial highway projects that need to be approved by The State Council for land use, the single projects that control the construction period and other projects that really need to start construction due to the tight construction period or affected by the season can apply for the first land use, and the application scale shall not exceed 30% of the land use pre-approval control scale in principle. After the approval of the land in advance, the application for the conversion of agricultural land and land expropriation should be submitted within 1 year.
5. Transfer and expropriation of agricultural land by stages. For projects that really need to be constructed in phases, the application for construction land can be made in phases according to the plan determined in the feasibility study report or the content of phased construction specified in the feasibility study approval. When the linear infrastructure construction project is officially submitted for land approval, it can be submitted for land approval by city (prefecture, state, and union) according to the progress of the land approval group. Where the conversion of agricultural land and the examination and approval of land acquisition are within the jurisdiction of the people's governments at the provincial level, the county (city or district) may apply for land approval at different levels.
6. Roads, ditches, canals and land resettlement directly related to major construction projects shall be submitted for approval at the same time as the main project. Land for road modification, ditch modification, canal modification and resettlement directly related to major construction projects such as energy, transportation, water conservancy and military can be handled together with the project land for agricultural land conversion and land expropriation, and in principle shall not exceed the original land scale. In addition to the functional zoning stipulated in the land use standard, due to special geological conditions, the construction of slope protection and other projects, the land use does not exceed 3% of the total scale of the project land quota, and the linear project can not avoid the formation of small scattered corner land after optimization design and clear use mode, can be submitted for approval. Among them, the main project allows the occupation of permanent basic farmland, road, ditch, ditch, etc. If it is really difficult to avoid permanent basic farmland, it can apply for occupation under the premise of strict demonstration, and implement the task of rezoning as required.
7. Clarify the requirements for the approval of land for railway "four power" projects. The "four power" projects (communication projects, signal projects, power projects and electrification projects) whose preliminary design has been approved for railway projects can be applied for land approval separately according to the approval level and authority of the main railway project land. If the main project allows the occupation of permanent basic farmland or ecological protection red line, the "four power" project can apply for occupation when it is unable to avoid.
8. Optimize the temporary land use policy. For beam making and mixing stations that directly serve the construction of railways, highways and water conservancy projects and need to temporarily use land, the land reclamation plan shall be demonstrated, and the owner unit shall sign a letter of commitment, clarifying the time limit for the completion of reclamation and the responsibility for restoration, ensuring that planting conditions can be restored, arable land may be occupied, and permanent basic farmland shall not be occupied.
9. Clarify the scope of major construction projects occupying permanent basic farmland. (1) Major construction projects explicitly supported by the Party Central Committee and The State Council (including projects with clear specific names in the documents issued by the Party Central Committee and The State Council or approved in the planning and projects approved by The State Council); (2) Military and defense projects approved by the Central Military Commission and its relevant departments; (3) Airport, railway, highway, water transport, energy and water conservancy projects included in state planning (promulgated by The State Council and its relevant departments); (4) Provincial highway projects planned by the provincial highway network; (5) According to the requirements of the Notice on Combing the List of National Major Projects to Increase the protection of construction Land (Development and Reform Investment (2020) No. 688), included in the list of projects requiring the central government to increase the protection of land; (6) The original deep poverty areas, concentrated contiguously poor areas, key counties of the national poverty alleviation and development work below the provincial level infrastructure, livelihood development and other projects.
10. Major construction projects can achieve the balance of arable land in the form of commitment within a certain period of time. For major construction projects that meet the requirements for the occupation of permanent basic farmland, the balance of arable land occupation and compensation is allowed to be implemented in the form of commitments. Provincial departments in charge of natural resources shall specify the time limit for fulfilling the commitment and the way to implement supplementary cultivated land. In principle, the time limit for fulfilling the commitment is not more than 2 years, and if the commitment is not fulfilled at the expiration, the Ministry will directly deduct the indicators from the county-level reserve of supplementary cultivated land, and the insufficient part will deduct the indicators from the municipal or provincial reserve. The commitment policy is valid until March 31, 2024.
11. Standardize and adjust land use approval. In the course of linear project construction due to geological disasters, cultural relics protection and other force majeure factors really need to adjust the scope of land use, after the approval of the industry competent department of the approved project, the construction unit may apply for adjustment of land use. If the project construction plan is adjusted, and the total area of project land, cultivated land and permanent basic farmland after adjustment do not exceed the original approved scale, or the total area of project land and cultivated land exceed the original scale, but the adjusted part does not exceed the power of land acquisition approval of the provincial people's government, it shall be submitted to the provincial people's government for approval; The adjusted project land involves the transfer of permanent basic farmland, or the expropriation of arable land exceeding 35 hectares and other land exceeding 70 hectares, which shall be submitted to The State Council for approval. Where the adjustment of land use involves newly expropriated land, land expropriation procedures shall be carried out according to law, and land no longer used may be handed over to the original collective economic organizations for use. After the provincial people's government approves the adjustment of land use, it should be included in the "one map" of territorial space planning for supervision and timely report to the Ministry of Natural Resources for the record.
12. Additional land can be submitted for approval due to changes in the preliminary design. After the approval of agricultural conversion and land acquisition for construction projects with separate site selection, where the original land has not changed but a small amount of necessary land needs to be added due to changes in the preliminary design, the new land can be submitted for approval in accordance with the authority of the original land approval. If the original land of the construction project can occupy permanent basic farmland and ecological protection red line, the new land can also apply for occupation. Where the original land is approved by the provincial people's government, and the new land is really needed to occupy permanent basic farmland and occupy the ecological protection red line, it must meet the occupation situation, and the expropriation of other cultivated land in the overall land of the construction project (including the original land and the new land) exceeds 35 hectares and other land exceeds 70 hectares shall be submitted to The State Council for approval.
Third, implement the requirements for conserving and intensive land use, and improve the supply system of natural resource assets
13. Support a new model of conserving and intensive land use. Highways, railways, rail transit and other linear infrastructure projects using three-dimensional composite, multi-line corridor and other new models of construction, approved by the industry or investment authorities to adopt this method of simultaneous construction, and the project land does not exceed the corresponding land indicators, the land can be submitted for approval.
14. Make good evaluation of project land use and land saving. The land used for ultra-standard and non-standard projects shall strictly implement the Notice on Standardizing the Land Saving Evaluation Work of Construction Projects (No.14, 2021). In major projects, the interworking three-dimensional cross-engineering land set up by highway projects exceeds the relevant spacing provisions of the "highway project construction land Index", and the provincial competent transportation departments at or above the provincial level determine that it is necessary to set up, the provincial competent department of natural resources shall carry out land conservation evaluation and demonstration.
15. Optimize the supply of industrial land. In accordance with the principle that land can be started, we support the transfer of "standard land" for industrial land, and encourage all localities to formulate a "standard land" control index system according to the characteristics of local industrial development. Prior to land supply, the local government or the administrative bodies of the development zones (parks) and new districts established by law shall carry out unified regional assessments and surveys of geological hazards, overlying minerals, environmental impacts, soil and water conservation, flood impacts, cultural relics and archaeology. According to the results of detailed territorial space planning and regional assessment and census, the planning conditions and control indicators shall be determined and incorporated into the land supply plan, and released publicly through the transfer announcement. Local governments are encouraged to explore the formulation of mixed land use rules, determine the dominant land use, spatial layout and proportion according to the detailed territorial spatial planning, and improve the supply of mixed industrial land. Where a single parcel of land involves a mixture of multiple uses, the land use period shall be reasonably determined according to law and regulations, and the reserve price shall be determined after an assessment of different uses.
16. Optimize land allocation procedures for major infrastructure projects. For energy, transportation, water conservancy and other major infrastructure projects outside the scope of construction land for cities, villages and market towns determined in the territorial spatial plan, land expropriation and agricultural land conversion are approved for implementation, and a decision on the allocation of state-owned land use rights is directly issued.
17. Explore portfolio supply of natural resource assets across various categories. Within a specific territorial space, where the same right holder needs to use natural resource assets owned by the whole people in multiple categories as a whole, combined supply may be implemented. The use conditions, development requirements, reserve price and premium ratio of various types of natural resource assets will be included in the supply plan, and the natural resource asset trading platform will be used to make public announcements and sign asset allocation contracts, and relevant departments will supervise according to their duties. Further improve the "two rights in one" bidding, auction and listing transfer system of sea sand mining rights and sea area use rights, encourage exploration of mining rights and construction land use rights combination supply methods.
18. Optimize the allocation policy of the right to use underground space. Implement the "underground" to "above ground", promote the hierarchical establishment of land use rights, and promote the coordination of urban above-ground and underground spatial functions. According to the key underground space control areas designated by the overall national space plan, comprehensive consideration is given to safety, ecology, urban operation and other factors, and overall planning of urban underground infrastructure network and underground space use. Refine supply methods and processes, explore and improve land price support policies, and collect land prices in accordance with the principle of downward decline. If the construction project of urban built-up area increases the underground space for public interest, or the downward development and utilization difficulty is increased, all localities can formulate spatial incentive rules according to the actual situation. Explore the establishment of the use right of underground space construction land for development and construction on the premise of not changing the original land type and use status of the surface.
19. Put existing land to good use. Following the principle of "use first", for land expropriated on behalf of road green belt, safety distance, corner land, scattered land, etc., which cannot be used separately, it is really impossible to provide land separately according to the lot, after the approval of the urban people's government, the land users can be reasonably determined according to the relevant provisions of the allocation or agreement on paid use of land. Issue a Decision on the Allocation of State-owned Construction Land or sign a contract for the paid use of state-owned construction land. Construction projects using inefficient urban land can continue to be implemented in accordance with the relevant provisions of the Guiding Opinions on Further Promoting the Redevelopment of Inefficient Urban Land (Trial) (Land Resources Development (2016) No. 147).
Fourth, speed up the handling of the "unapproved and filled" reclamation problems left over from the past, and optimize the approval procedures for projects to use sea islands
20. For "unapproved and filled" reclamation issues left over from history that meet the requirements, preliminary work can be carried out first. Under the premise that the relevant treatment plan has been filed by the Ministry of Natural Resources, the local people's government can first organize the preliminary work such as settlement treatment and ground leveling according to needs, and simultaneously strengthen ecological protection and restoration.
21. Further simplify the requirements for demonstration of the use of sea areas for landing projects. For the "unapproved and filled" reclamation problem areas that have completed ecological assessment and ecological protection and restoration plans according to regulations, for the landed projects located in them, it is generally only necessary to demonstrate the rationality of sea use, the conformity of territorial space planning, and the coordination of development and utilization, and to clarify the ecological protection and restoration measures for individual projects combined with the ecological protection and restoration plans. If a number of project sites are located in the centralized "unapproved and filled" historical reclamation area and all belong to the approval authority of the provincial people's government, the local government can implement the bundled overall demonstration based on the actual situation.
22. The project sea is reviewed together with the acceptance of the use of the completed sea area of the reclamation project. For projects that use the "unapproved and filled" historical reclamation and have no new reclamation, the completion acceptance survey report can be submitted together with the submission of the application materials for sea area use, and the sea area use demonstration report and the completion acceptance survey report can be combined for review. After the project's sea use is approved and the sea area use fee is paid in full, the application for completion acceptance of reclamation will be directly approved.
23. First carry out the technical review of the project's sea island demonstration materials. In order to speed up the review, for projects that do not meet the conditions for acceptance, technical review work such as demonstration of sea use islands and expert pre-review can be carried out first.
24. Conduct demonstration on the use of the whole sea area in the centralized contiguous development area. Local people's governments may, as necessary, organize the demonstration of the use of the sea area as a whole for the open tourism and entertainment areas that have been developed in continuous areas, and the demonstration of the use of the sea area may no longer be conducted when units and individuals apply for the use of the sea area. The competent department of natural resources (Marine) of the people's government at the provincial level shall, in accordance with the actual situation, clarify the requirements for the demonstration and evaluation of the overall use of the regional sea area, concentrate the contiguous area of more than 700 hectares and do not change the natural attributes of the sea area, concentrate the contiguous area of more than 100 hectares of the sea area, In principle, the competent department of natural resources (Marine) of the provincial people's government should organize the demonstration and review.
25. Optimization of submarine cable and pipeline routing survey, laying construction and project sea review procedures. For submarine cable pipeline projects submitted to The State Council for examination and approval, the application for submarine cable pipeline laying construction may be submitted together with the application for project sea use for examination; route
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