Photovoltaic projects occupying agricultural land shall not be directly sold in principle. Project land should be converted into construction land in accordance with the law, and the project land can be obtained through allocation. Therefore, project investors should try their best to ensure that the project does not occupy agricultural land.
2. Permanent construction land
The permanent construction land of photovoltaic project mainly includes substation, comprehensive building and living service facilities. If the non-permanent building land in the photovoltaic project partially occupies unused land, both parties shall sign a compensation agreement and report it to the local county-level land and resources department for the record.
3. Non-permanent construction land
For the non-permanent construction land of photovoltaic project, the procedures for the use of forest land shall be handled according to the temporary occupation of forest land during the construction period. During the operation period, the two parties may sign a compensation agreement for the use of forest land through leasing and other means. Do not go through the formalities of converting agricultural land into construction land.
4. wasteland
Unused land in photovoltaic projects refers to land other than agricultural land and construction land, mainly including grassland, saline-alkali land, swamp, sandy land, bare land and bare rock. For the construction land, the project land can be obtained by transferring or leasing. For non-construction land, different land use procedures need to be handled.
5. wasteland
In 20 14, the National Energy Administration issued the Notice on Further Implementing Relevant Policies for Distributed Photovoltaic Power Generation, which mentioned that it is necessary to build distributed photovoltaic power stations that can be absorbed locally by using abandoned land, barren hills and slopes, agricultural greenhouses, beaches, fish ponds and lakes according to local conditions.
legal ground
According to the Notice on Issues Related to the Use of Woodland in the Construction of Photovoltaic Power Plants (Linzifa [20 15] 153), if the non-permanent construction land of photovoltaic projects occupies land that is determined to be suitable for forest resources investigation and land that is determined to be unused by the second national land survey, the land use mode of "forest and light complementary" can be adopted.
For the non-permanent construction land, the procedures for the use of forest land shall be handled according to the temporary occupation of forest land during the construction period. During the operation period, the two parties may sign a compensation agreement for the use of forest land through leasing and other means. Do not go through the formalities of converting agricultural land into construction land.