Since June 2009 1
Article 1 In order to prevent and control soil erosion, protect and rationally utilize water and soil resources, these Measures are formulated in accordance with the provisions of the Law of People's Republic of China (PRC) on Soil and Water Conservation and the Measures of Guizhou Province for Implementing the Law of People's Republic of China (PRC) on Soil and Water Conservation, combined with the actual situation of this province.
Article 2 Where soil erosion is caused by occupation or damage of soil and water conservation facilities due to production and construction activities, compensation fees for soil and water conservation facilities shall be paid.
Units and individuals that cause soil erosion due to production and construction activities shall control it according to the soil and water conservation plan approved according to law. If it is unable to control it, it shall pay the water conservancy administrative department or soil and water conservation institution the fee for prevention and control of soil erosion, and the water conservancy administrative department or soil and water conservation institution shall control it on its behalf.
Article 3 The water administrative department of the people's government at or above the county level or the water and soil conservation institution shall be responsible for the collection and management of compensation fees for water and soil conservation facilities in accordance with the hierarchical management authority.
The relevant departments of finance, price, auditing and supervision of the people's governments at or above the county level shall be responsible for the management and supervision of compensation fees for soil and water conservation facilities in accordance with the division of responsibilities.
Article 4 Under any of the following circumstances, the compensation fee for soil and water conservation facilities shall be exempted on the premise of doing a good job in soil and water conservation:
(a) the construction of schools, hospitals, kindergartens, children's welfare homes, social welfare homes, rural nursing homes, apartments for the elderly, public cultural and sports facilities. Honorary military rehabilitation hospitals, glorious hospitals, military dining stations, retired military cadres' rest homes, etc., which belong to education and social welfare undertakings and serve the army and national defense construction;
(two) the construction of agricultural and rural infrastructure, farmers build houses according to law, or the production and life need to borrow soil and quarry;
(three) the construction of affordable housing and low-cost housing;
(four) in accordance with the relevant laws and regulations to pay the management fee of river sand mining.
Other production and construction activities, after approval by the provincial people's government, are exempt from compensation fees for soil and water conservation facilities.
Article 5 Compensation fees for soil and water conservation facilities shall be collected at different levels according to the following management authority:
(a) the national and provincial approval, approval and filing of production and construction projects, water and soil conservation facilities compensation fees levied by the water administrative department of the provincial people's government;
(II) For the production and construction projects approved and filed by the municipal people's government (administrative office), the compensation fee for water and soil conservation facilities shall be levied by the water administrative department of the municipal people's government (administrative office) or the water and soil conservation institution;
(3) Compensation fees for water and soil conservation facilities of other production and construction projects shall be levied by the water administrative department of the people's government at the county level or the water and soil conservation institution.
Article 6 The water administrative department at a higher level or the water and soil conservation institution may entrust the water administrative department at a lower level or the water and soil conservation institution to collect compensation fees for water and soil conservation facilities.
Article 7 Compensation fees for soil and water conservation facilities shall be levied according to the following standards:
(a) engaged in real estate development and construction, according to the actual land area of the project per square meter of 2 yuan one-time collection;
(two) engaged in mining, quarrying (mountain sand), soil and other production and business activities, according to the actual land area occupied by the project per square meter of 2 yuan one-time levy; If the continuous production and operation activities continue to cause soil erosion, in addition to the one-time collection of 2 yuan per square meter according to the actual land area occupied by the project, and according to the total sales of mineral products (self-owned mines, according to the actual mining volume, according to the average sales price of similar and grade mineral products, the total sales amount is approved).
(three) the construction of water engineering, power engineering and other infrastructure, according to the actual project area per square meter of 0.5 yuan one-time collection;
(four) the construction of hotels, restaurants, office buildings, training centers, factories, parking lots and other production and construction activities, according to the actual project area per square meter 1 yuan, a one-time levy.
Eighth soil and water conservation facilities compensation fees after the completion of land acquisition, before construction, according to the amount approved by the law of soil and water conservation plan approved by the one-time charge. For the production and construction projects that have not prepared the water and soil conservation plan, the water administrative department of the people's government at or above the county level or the water and soil conservation institution with the power of examination and approval shall order them to make a supplementary report within a time limit, and the compensation fee for water and soil conservation facilities shall be levied in one lump sum according to the amount approved by the water and soil conservation plan according to law.
Units or individuals engaged in the production and business activities specified in Item (2) of Article 7 of these Measures shall declare the total sales volume to the water administrative department of the people's government at or above the county level or the soil and water conservation institution on a monthly or quarterly basis. Omission, concealment and misrepresentation of the total sales amount shall be levied according to the designed maximum output.
Article 9 The competent price department, financial department and water administrative department of the provincial people's government can adjust the collection standard of compensation fees for soil and water conservation facilities according to the needs of preventing and controlling soil erosion, and implement it after being submitted to the provincial people's government for approval.
Article 10 When collecting compensation fees for soil and water conservation facilities, the water administrative department of the people's government at or above the county level or the soil and water conservation institution shall apply to the competent price department at the same level for a fee permit, use the administrative fee bills uniformly printed by the financial department of the provincial people's government, and publicize the fee items and standards in accordance with the provisions, and shall not increase or decrease the fee items or raise or lower the fee standards without authorization.
When the water administrative department of the people's government at or above the county level or the water and soil conservation institution collects fees, it shall deliver the Notice on Payment of Compensation for Water and Soil Conservation Facilities to the unit or individual, and the unit or individual shall go through the payment formalities within 05 days from the date of receiving the notice.
Eleventh compensation fees for soil and water conservation facilities shall be paid into the state treasury at the same level according to the following collection levels and sharing ratios, and shall be included in the financial budget management:
(a) charged by the water administrative department of the provincial people's government, according to 40% of the province, the people's government of the city where the project is located 10%, and 50% of the county where the project is located;
(2) Those collected by the municipal people's government (administrative office), the water administrative department of the people's government at the county level or the soil and water conservation institution shall be turned over to the state treasury at the same level in full.
Specific measures for the payment of compensation fees for soil and water conservation facilities shall be formulated by the financial department of the provincial people's government in conjunction with relevant departments.
Twelfth collection of soil and water conservation facilities compensation fees earmarked for the following soil and water conservation work:
Soil erosion control;
(2) Ecological construction and management of soil and water conservation;
(3) Investigation, planning and design of soil and water conservation;
(four) publicity, education and training of soil and water conservation and other related expenses.
Thirteenth water administrative departments of the people's governments at or above the county level or soil and water conservation institutions shall supervise and inspect the collection and use of compensation fees for soil and water conservation facilities. Have the right to take the following measures during supervision and inspection:
(1) Requiring the units or individuals under inspection to provide relevant documents, certificates and materials;
(two) to require the units or individuals under inspection to explain the relevant issues concerning the implementation of these measures;
(3) Entering the inspected production and construction project site for investigation;
(four) to consult and copy the documents, bills, account books, accounting vouchers and statements related to the collection of compensation fees for soil and water conservation facilities.
When conducting supervision and inspection, the supervisors and inspectors shall produce legal and effective administrative law enforcement certificates and shall not interfere with the normal production and business activities of the relevant units or individuals.
The relevant units or individuals shall not refuse or hinder the supervision and inspection personnel from performing their official duties according to law.
Article 14 If the water administrative department of the people's government at or above the county level or the water and soil conservation institution, audit department, finance department, supervision department and price department find that there are illegal acts in the collection and use of compensation fees for water and soil conservation facilities, they shall be ordered to make corrections within a time limit or make other treatments according to law.
Fifteenth units and individuals engaged in production and construction can not manage themselves due to technical reasons, the water administrative department of the people's government at or above the county level or the soil and water conservation institution shall, according to the water and soil conservation plan approved according to law, collect the water and soil loss prevention fee in full at one time.
Units and individuals engaged in production and construction, soil and water conservation can not meet the technical standards of governance, by the water administrative department of the people's government at or above the county level or soil and water conservation institutions in accordance with the remaining workload of the legally approved soil and water conservation program design, a one-time approved collection of soil and water loss prevention and control fees.
Sixteenth sporadic waste soil, waste rock, waste residue caused by soil erosion, by the water administrative department of the people's government at the county level where the project is located or soil and water conservation institutions in accordance with the one-time collection of soil erosion prevention and control fees per cubic meter of 4 yuan.
Article 17 The water and soil loss prevention and control fees collected shall be paid into the special financial account, managed in accordance with relevant regulations, and used exclusively for the water and soil conservation work of this project. Specific measures for collection and use shall be formulated by the financial department of the provincial people's government in conjunction with the water administrative department and the price department at the same level.
Article 18 Whoever refuses to pay or delays in paying the compensation fee for soil and water conservation facilities shall be ordered by the water administrative department of the people's government at or above the county level or the soil and water conservation institution to pay within a time limit, and a late fee of 0.5 ‰ shall be added on a daily basis; If it fails to pay within the time limit, it will be fined 1000 yuan or more for business activities and 1000 yuan or more for non-business activities.
Article 19 Units and individuals that cause soil erosion in production and construction activities that fail to control or pay the cost of soil erosion prevention and control shall be punished in accordance with the Law of People's Republic of China (PRC) on Soil and Water Conservation, the Regulations for the Implementation of the Law of People's Republic of China (PRC) on Soil and Water Conservation and the Measures for the Implementation of the Law of People's Republic of China (PRC) on Soil and Water Conservation in Guizhou Province.
Article 20 If the water administrative department of the people's government at or above the county level or other relevant departments and their staff violate the provisions of these measures, abuse their powers, neglect their duties or engage in malpractices for selfish ends, which does not constitute a crime, they shall be given administrative sanctions according to law.
Article 21 These Measures shall come into force as of June 6, 2009. 1 August, 994 18 approved by the provincial people's government,1March, 9951Measures for the Administration of Collection of Water and Soil Erosion Prevention Fees in Guizhou Province (for Trial Implementation) promulgated by the Provincial Water Resources Department, the Provincial Department of Finance and the Provincial Price Bureau shall be abolished at the same time.