Black Soil Land Conservation Law of the People's Republic of China

Article 1

This Law is enacted for safeguarding black soil land resources, steadily restoring and improving the basic fertility of black soil lands, promoting sustainable utilization of resources, maintaining ecological balance, and ensuring national food security.

Article 2

Provisions of this Law shall be applicable to activities of black soil land conservation and utilization, the related activities of soil management and remediation, etc. Where no relevant provisions are stipulated in this law, the provisions of the Land Administration Law and other related laws shall be applicable.

For the purposes of this Law, the term "black soil land" refers to cultivated land with good characteristics, high fertility, and a black or dark black humus topsoil layer, which is in the relevant areas of Heilongjiang Province, Jilin Province, Liaoning Province, and Inner Mongolia Autonomous Region (hereinafter referred to as "the Three Provinces and One Region").

Article 3

The state shall implement scientific and effective black soil land conservation policies, guarantee financial input in black soil land conservation, and comprehensively adopt engineering, agronomic, agricultural machinery and biological measures as well as other measures, in order to protect the high-productivity of the black soil land, to make sure there is no area decrease and functional degradation of the black soil land, and to guarantee the improvement of the land quality and the sustainability of food production.

Article 4

The conservation of black soil lands shall adhere to the principles of overall planning, adaptation to local conditions, combination of use and maintenance, combination of short- and long-term goals, highlighting priorities and adopting comprehensive measures. A mechanism for the conservation, which is led by the government, implemented by agricultural producers and operators, and participated by the society, shall be established and improved.

The competent department in charge of agriculture and rural affairs under the State Council shall, in conjunction with the relevant departments such as the department in charge of natural resources and the department in charge of water resources, after taking into account the cultivation history and the current utilization status of the black soil land, the thickness of the black soil layer, and the characteristics and types of the soil, etc., and in accordance with the principles that are most conducive to entire protection, comprehensive management and systematic remediation, reasonably determine the conservation areas of black soil lands, and then timely adjust such areas,in order to promote the black soil land conservation work in a planned, step-by-step, and classified manner. In principle, those that belong to black soil lands in history shall be included in the conservation areas of black soil lands and be remedied and restored, except those cannot be remedied in deed.

Article 5

Black soil lands shall be used to produce grains, oil crops, sugar crops, vegetables, and other agricultural products.

Black soil lands with a thick black soil layer and good characteristics shall be classified as permanent basic farmland in accordance with the prescribed standards, and shall be mainly used for producing grains. Such black soil lands shall be strictly protected, ensuring the long-term stability of their quantity and quality.

Article 6

The State Council and the people's governments of the Three Provinces and One Region shall strengthen the leadership, organization, coordination, supervision, and management of the black soil land conservation work and formulate overall policies on black soil land protection. The people's governments of the Three Provinces and One Region shall be responsible for the quantity, quality, ecological environment of the black soil lands within their respective administrative areas.

The people's governments at or above the county level shall establish a coordination mechanism for the black soil land conservation, which is participated by the departments of agriculture and rural affairs, natural resources, water resources, development and reform, finance, and ecology and environment, and other relevant departments, in order to strengthen coordination and guidance, specify their corresponding work responsibilities, and promote the implementation of black soil land conservation work.

People's governments of towns and townships shall assist in the organization and implementation of black soil land conservation work, promote to agricultural producers and operators the protection, management, remediation, and utilization measures that are suitable for their cultivated lands, as well as supervise and urge them to perform their obligations of black soil land conservation.

Article 7

People's governments at various levels shall promote the publicity for, education on black soil land protection and enhance public awareness of black soil land protection.

Entities and individuals that have made outstanding contributions to black soil land protection shall be commended and rewarded in accordance with the relevant provisions of the state.

Article 8

The competent department in charge of standardization under the State Council and other competent departments under the State Council in charge of agriculture and rural affairs, natural resources, water resources, etc., shall, in accordance with the division of duties, formulate and improve the protection standards for black soil lands, such as those for the land quality.

Article 9

The state shall establish a sound black soil land survey and monitoring system.

When the competent departments in charge of natural resources of the people's governments at or above the county level conduct land surveys in conjunction with other relevant departments, surveys on the types, distribution, quantities, qualities, protection status and utilization status of black soil lands shall be simultaneously conducted, and files on black soil lands shall be established.

The competent department in charge of agriculture and rural affairs, water resources, and other competent departments under the State Council shall, in conjunction with the people's governments of the Three Provinces and One Region, establish a sound monitoring network for the quality of the black soil land to strengthen the regular monitoring of the characteristics of the black soil, the thickness of the black soil layer, water erosion, wind erosion, and other conditions. Based on that, they shall establish a database of dynamic change of the quality of the black soil land, and effectively share such information.

Article 10

People's governments at or above the county level shall incorporate black soil land protection work into their plans of national economic and social development.

The spatial planning shall take into full consideration the protection of black soil lands and its surrounding ecological environment, and reasonably lay out lands for various uses, so as to facilitate the prevention and control of water erosion, wind erosion and other erosion of black soil lands.

The departments of agriculture and rural affairs of people's governments at or above the county level shall, in conjunction with other relevant departments, based on surveys and monitoring, formulate plans for black soil land conservation, which embody overall management of the contiguous black soil lands, and specify the scope of protection, objectives and tasks, technical models, guarantee measures, etc., so as to contain the trend towards its degradation, enhance its quality, and improve its ecological environment. The county-level plans for black soil land conservation shall be interconnected with the spatial planning, be implemented to the specific plot of black soil land, and be made public.

Article 11

The state shall take measures to enhance its scientific and technological capabilities to support black soil land conservation, and make scientific and technological innovation in the protection, management, remediation and utilization of black soil land as key areas of support. The state shall encourage higher education institutions, scientific research institutions, and agricultural technology extension institutions and other institutions to coordinate their scientific and technological research. People's governments at or above the county level shall encourage and support scientific researches on water and soil conservation, windbreak and sand stabilization, soil improvement, soil fertility enhancement, ecological protection, etc., as well as encourage and support the extension and application of their research achievements.

The relevant institutions engaged in quality monitoring and protection of cultivated land and agricultural technology extension institutions shall provide technical training and guidance services to agricultural producers and operators for black soil land conservation.

The state shall encourage enterprises, higher education institutions, vocational schools, scientific research institutions, scientific and technological social groups, specialized farmers' cooperatives, specialized agricultural service providers, and agricultural science and technology personnel to provide technical services related to black soil land protection.

The state shall support international cooperation and exchanges in black soil land protection.

Article 12

People's governments at or above the county level shall take the following measures to strengthen the construction of farmland infrastructure on black soil lands:

(1) strengthening the construction of farmland water conservancy projects and improving the irrigation and drainage systems for paddy and dry lands;

(2) strengthening farmland management, remediating gullied cultivated land, and reasonably dividing land suitable for farming into plots;

(3) strengthening the construction of soil and water conservation projects for sloping cultivated land and gullies;

(4) reasonably planning and constructing roads for agricultural machinery and production;

(5) constructing networks of shelterbelts on farmland; and

(6) other measures for black soil land conservation.

Article 13

People's governments at or above the county level shall promote a scientific tillage system and take the following measures to improve the quality of black soil lands:

(1) implementing a farming system combining land utilization and maintenance according to their respective local conditions, for example, crop rotation, and promoting a moderate fallow system in accordance with the relevant provisions of the state;

(2) promoting conservation tillage technologies according to their respective local conditions, such as no-tillage (reduced tillage) and deep scarification, and popularizing suitable agricultural machinery;

(3) popularizing mulch tillage, chopping and burying, conversion to animal manure, and other methods for crop residue decomposition to fertilize soils according to local conditions;

(4) organizing fertilization by formula fertilizers based on testing the soil, scientifically reducing the usage of chemical fertilizers, encouraging more use of organic fertilizers, and popularizing soil improvement technologies such as biological soil improvement technologies;

(5) popularizing green technologies for prevention and control of diseases and pests, such as bio-technologies or biologics, scientifically reducing the usage of chemical pesticides and herbicides, and reasonably using agricultural means of production such as agricultural films; and

(6) other measures to improve the quality of black soil lands.

Article 14

The state shall encourage the adoption of comprehensive measures to prevent and manage soil and water loss, to prevent land erosion, desertification, and salinization of the black soil land, and to improve and restore the farmland ecological environment.

People's governments at or above the county level shall conduct projects for management of erosion gullies, reinforce the heads, slopes and bottoms of erosion gullies, organize the construction of plant protection zones or adopt other measures in areas such as slopes and banks of erosion gullies, banks of the river around the black soil land, and the surrounding areas of lakes and reservoirs according to their respective conditions, so as to prevent the erosion gullies from becoming broader, deeper, and longer.

The people's governments at or above the county level shall, in accordance with the principles of providing hazards prevention, rational management and scientific layout, formulate plans for the construction of farmland shelterbelts, organize the planting of farmland shelterbelts along farmland roads, gullies, etc., and prevent afforestation against natural laws. In order to ensure the effect of the shelterbelts does not diminish, the shelterbelt trees shall only be felled for the purpose of raising or renewing trees.

The people's governments at or above the county level shall organize and conduct sand prevention and control activities, strengthen the management of deserts and desertified land around the black soil land, so as to prevent the black soil land from desertification.

Article 15

People's governments at or above the county level shall strengthen the ecological protection of black soil lands, strengthen the conservation and remediation of woodlands, grasslands, and wetlands around black soil lands, promote the management of barren hills and slopes, enhance the ecological functions of natural ecosystems such as water source conservation, water and soil conservation, wind sheltering and sand fixation, preservation of biological diversity, and preserve natural ecological environment conducive to black soil land conservation.

Article 16

The people's governments at the county level shall, based on the investigation and monitoring data of black soil lands, and in combination with the actual soil characteristics such as the types and quality grades of the soil, the climate characteristics and environmental conditions, scientifically divide the black soil lands within their respective administrative areas into zones, formulate and organize the implementation of the plans for improving the quality of black soil lands, and take proper and detailed measures for protection, management, remediation, and utilization according to their respective local conditions.

Article 17

State-owned farms shall strengthen the protection of black soil lands under their operation and management, fully play an exemplary role in this regard, and accept relevant supervision and inspections in accordance with the law.

A rural collective economic organization, villagers' committee, or villagers' group shall contract out rural land in accordance with the law, supervise the contracting party to properly use and protect the black soil land in accordance with the land use purpose as agreed in the contract, and prevent contracting party from damaging the black soil land.

Rural collective economic organizations, agricultural enterprises, specialized farmers' cooperatives, and rural households shall cherish and properly use black soil lands, strengthen the construction of farmland infrastructure, apply technologies such as conservation tillage technologies according to local conditions, actively take conservation measures to improve the quality of black soil lands and improve the farmland ecological environment, in order to protect black soil lands in accordance with the law.

Article 18

The producers, operators, and users of agricultural inputs shall recycle the packaging and waste of pesticides, fertilizers, agricultural films, and other agricultural inputs in accordance with the law, utilize them as resources, and carry out harmless disposal of them. In order to prevent the black soil land from being polluted, the producers, operators and users may not discard them at will.

People's governments at the county level shall take measures to support the recycling of the packaging and waste of pesticides, fertilizers, agricultural films, and other agricultural inputs, the utilization of them as resources, and the harmless disposal of them.

Article 19

Entities and individuals engaged in livestock and poultry breeding shall scientifically carry out harmless disposal of livestock and poultry manure and utilize them as resources. They shall promote the development of circular agriculture combining green cultivation and breeding on black soil lands by focusing on using livestock and poultry manure as mulch in farmlands nearby.

People's governments at or above the county level shall support the harmless disposal of livestock and poultry manure and the utilization of them as resources.

Article 20

No organization or individual may damage black soil land resources and the ecological environment of black soil lands. The theft, excessive extraction, and illegal trading of black soil are prohibited. The competent department in charge of natural resources under the State Council shall, in conjunction with competent departments under the State Council in charge of agriculture and rural affairs, water resources, public security, transport, market regulation, etc., establish and improve a system for supervision and administration of the protection of black soil land resources, and improve the capability to comprehensively address the theft, excessive extraction, and illegal trading of black soil and other acts damaging the black soil land resources or the ecological environment.

Article 21

Construction projects may not occupy black soil lands. If the occupation is indeed necessary, it shall be subject to strict examination and approval in accordance with the law, and additional cultivated land of equivalent quantity and quality shall be provided.

If a construction project occupies black soil lands, the soil of the tillage layer shall be removed according to the prescribed standards. The removed black soil shall be used for the improvement of newly reclaimed cultivated land and inferior cultivated land, the treatment of polluted cultivated land, the construction of high-standard farmland, or land reclamation, etc. in the neighbourhood. The owner of the construction project shall formulate a removed black soil reutilization plan and submit it to the competent department in charge of natural resources for the record. The specific measures shall be formulated by the people's governments of the Three Provinces and One Region respectively.

Article 22

The state shall establish and improve a system for guaranteeing fiscal investments in the black soil land conservation. People's governments at or above the county level shall include the funds for black soil land conservation in the budget at the corresponding level.

The state shall increase the tilt of rewards and subsidies in favor of measures or black soil land conservation and establish a long-term and stable mechanism for such rewards and subsidies.

Local people's governments at or above the county level shall make the black soil land conservation as a key field of investment for agriculture and rural areas, whose input comes from the revenue from granting land use rights, and increase such investments.

The state shall organize construction activities for the construction of high-standard farmland, farmland water conservancy, soil and water conservation, desertification prevention and control, farmland shelterbelt construction, land reclamation, etc., and actively support the black soil land conservation in terms of project funding arrangements. People's governments at the county level may, in accordance with the relevant provisions issued by the state, use rural-related funds as a whole for black soil land conservation and improve the efficiency in the use of financial funds.

Article 23

The state shall implement an incentive policy, which combines utilization and maintenance and is oriented to the effects of protection, providing rewards and subsidies to agricultural producers and operators that take measures to protect, manage and remedy black soil lands in accordance with relevant provisions issued by the state.

Article 24

The state shall encourage main grain purchasing regions to participate in black soil land conservation by providing financial support, establishing stable relationships and other economic cooperation relationships with the Three Provinces and One Region, and establish and improve a protection mechanism for the cross-regional investment in black soil lands.

Article 25

The state shall, in accordance with the principles of policy support, social participation, and market-oriented operation, encourage the private sector to invest in black soil land conservation activities, and protect the lawful rights and interests of investors.

The state shall encourage insurance institutions to carry out insurance business related to black soil land conservation.

The state shall support specialized farmers' cooperatives and enterprises, etc. to establish interest linkage mechanisms and socialized service mechanisms with rural households in various manners, conduct operations on a moderate scale, promote the improvement of quality, branding, and standardized production of agricultural products, and improve the fertility of black soil lands.

Article 26

The State Council shall assess the implementation of the responsibility for black soil land conservation by the people's governments of the Three Provinces and One Region, and incorporate black soil land conservation into the responsibility targets of the cultivated land protection.

Article 27

The competent departments in charge of natural resources, agriculture and rural affairs, water resources, and other relevant departments under the governments at or above the county level shall, according to their duties, jointly conduct supervisions over and inspections of black soil land conservation and land quality improvement in accordance with the law.

Article 28

The people's governments at or above the county level shall report to the people's congresses or their standing committees at the corresponding levels on black soil land conservation and accept supervision in accordance with the law.

Article 29

Where the departments in charge of agriculture and rural affairs, natural resources, or other relevant departments under the State Council, or local people's governments at or above the county level, or their relevant departments commit any of the following acts in violation of this Law, the directly liable persons in charge and other persons directly responsible shall be given punishments such as warnings, demerits or serious demerit; if the circumstances are relatively serious, the punishments such as demotions or removal from office shall be given; if the circumstances are serious, the punishment of dismissal shall be given:

(1) withholding, misappropriating or failing to use as required the funds for black soil land conservation.

(2) failing to investigate and punish acts damaging black soil lands in a timely manner upon discovering such acts or receiving reports.

(3) committing other acts that fail to perform the duties of black soil land conservation in accordance with the law and thus damage black soil land resources and the ecological environment.

Article 30

Where farmland infrastructure on black soil lands are illegally occupied or damaged, the departments in charge of agriculture and rural affairs, water resources, or other departments of the local people's governments at or above the county level shall order the cessation of the unlawful acts, the restoration to the original condition within a specified period, and impose a fine of not less than one time but not more than three times the restoration expenses.

Article 31

Where black soil lands are illegally used for non-agricultural construction, a heavier penalty shall be given in accordance with the provisions of the relevant laws and regulations on land administration.

Where the reduction in the area, impairment of the quality, functional degradation of black soil lands, or ecological and environmental damage is caused by a violation of laws or regulations, the violator shall conduct soil management and remediation, and pay compensation for the losses according to the law.

Any agricultural producer or operator that fails to perform the duty to protect black soil lands and fails to take corrective action after receiving criticism and education may be disqualified from subsidies related to the protection of cultivated land.

Article 32

Whoever, in violation of the provisions of Article 20 of this law, conducts the theft or excessive extraction of black soil lands, shall be given a heavier penalty in accordance with the provisions of the relevant laws and regulations on land administration.

Where anyone illegally sells black soil, the black soil illegally put up for sale and the illegal income shall be confiscated, and a fine of not less than RMB 500 yuan but not more than RMB 5,000 yuan per cubic meter shall be imposed by the departments in charge of market regulation, agriculture and rural affairs, natural resources, or other departments of local people's governments at or above the county level according to the division of duties. Where anyone knowingly buys black soil illegally put up for sale, the black soil illegally purchased shall be confiscated, and a fine of not less than one time but not more than three times the value of the goods be imposed.

Article 33

Whoever, in violation of Article 21 of this Law, fails to remove the soil of the tillage layer in a construction project that occupies black soil lands, shall be imposed a fine not less than RMB 100 yuan but not more than RMB 200 yuan per square meter by the department in charge of natural resources of the local people's governments at or above the county level; if the soil of the tillage layer fails to be removed according to the prescribed standards, a fine not less than RMB 50 yuan but not more than RMB 100 yuan per square meter shall be imposed.

Article 34

Whoever refuses or obstructs lawful supervisions over or inspections of black soil land conservation, the relevant department of local people's governments at or above the county level shall order to make a rectification, if the violator fails to make a rectification, a fine not less than RMB 2,000 yuan but not more than RMB 20,000 yuan shall be imposed.

Article 35

Whoever causes pollution and erosion to black soil lands shall be given a heavier punishment in accordance with the provisions of the relevant laws and regulations on the prevention and control of pollution and the water and soil conservation.

Article 36

Where the violation of this Law constitutes a crime, the violator shall be held criminally liable in accordance with the law.

Article 37

The protection of black soil lands within the scope of woodlands, grasslands, wetlands, rivers, and lakes, among others, shall be governed by the Forest Law of the People's Republic of China, the Grassland Law of the People's Republic of China, theWetland Conservation Law of the People's Republic of China, the Water Law of the People's Republic of China, and other relevant laws; if the relevant laws are silent on the theft, excessive extraction, and illegal trading of black soil, punishments shall be given according to the provisions of Article 32 of this law mutatis mutandis.

Article 38

This law shall come into force as of the date on August 1, 2022.