On March 20, the General Office of the Ministry of Natural Resources, the General Office of the State Forestry and Grassland Administration and the General Department of the State Energy Administration jointly issued a circular on supporting the development of photovoltaic power generation industry and standardizing land use management.
The notice shows that the use of unused land and stock construction land should be encouraged to develop photovoltaic power generation industry. On the premise of strictly protecting the ecology, it is encouraged to select and construct large-scale photovoltaic bases in desert, Gobi, desert and other areas; for oil fields, gas fields and coal mining subsidence areas that are difficult to reclaim or repair, it is promoted to plan and construct photovoltaic bases in non-cultivated land areas. The project site shall avoid farmland, ecological protection red line, historical and cultural protection line, special natural landscape value and cultural identification area, natural forest land, national desertification land closed protection area (the output line of photovoltaic power generation project is allowed to pass through the national desertification land closed protection area), etc.; if the nature reserve is involved, it shall also comply with the relevant laws and regulations and policy requirements of the nature reserve. New and expanded photovoltaic power generation projects shall not occupy permanent basic farmland, basic grassland, Grade I protected forest land and key state-owned forest areas in Northeast Inner Mongolia.
The following is the full text of the circular:
Departments in charge of natural resources, forestry, grasslands, and energy in all provinces, autonomous regions, and municipalities directly under the Central Government, Bureau of Natural Resources, Bureau of Forestry and Grassland and Bureau of Energy of Sinkiang Production and Construction Corps:
In order to implement the requirements of the Notice of the State Council on Issuing a Package of Policies and Measures for Stabilizing the Economy (Guo Fa [2022] No.12), further support the development of green energy, accelerate the construction of large-scale photovoltaic bases and standardize the management of project land, we hereby notify you as follows.
1. Guiding the rational layout
of projects (1) Do a good job in linking up the development planning of photovoltaic power generation industry with the land and space planning. All localities should conscientiously link up special planning such as green energy development planning with territorial spatial planning, and optimize the spatial layout of large-scale photovoltaic bases and photovoltaic power generation projects. It will be included in the list of key construction projects in the overall land and space planning of cities, counties and towns, and the scale, layout and timing of new land use for photovoltaic projects will be rationally arranged. On the premise of conforming to the management and control rules of "three districts and three lines", relevant projects can be integrated into the "one map" of land and space planning after feasibility demonstration, which can be used as the planning basis for approving new land for photovoltaic projects.
(Two) encourage the use of unused land and stock construction land to develop photovoltaic power generation industry. On the premise of strictly protecting the ecology, it is encouraged to select and construct large-scale photovoltaic bases in desert, Gobi, desert and other areas; for oil fields, gas fields and coal mining subsidence areas that are difficult to reclaim or repair, it is promoted to plan and construct photovoltaic bases in non-cultivated land areas. The project site shall avoid farmland, ecological protection red line, historical and cultural protection line, special natural landscape value and cultural identification area, natural forest land, national desertification land closed protection area (the output line of photovoltaic power generation project is allowed to pass through the national desertification land closed protection area), etc.; if the nature reserve is involved, it shall also comply with the relevant laws and regulations and policy requirements of the nature reserve. New and expanded photovoltaic power generation projects shall not occupy permanent basic farmland, basic grassland, Grade I protected forest land and key state-owned forest areas in Northeast Inner Mongolia.
2. Classified management
of land for photovoltaic power generation projects includes land for photovoltaic array (including photovoltaic panels, collector lines laid by directly buried cables, etc.) And land for supporting facilities (including substations and operation management centers, collector lines, roads inside and outside the site, etc.). According to the classification of the Control Index of Land Use for Photovoltaic Power Station Project), classified management is implemented according to the nature of land use.
(1) Land for photovoltaic array. Photovoltaic array land shall not occupy cultivated land, and other agricultural land shall be reasonably controlled according to the actual situation, saving intensive land, and avoiding the impact on ecological and agricultural production as far as possible. If the photovoltaic array land involves the use of forest land, the complementary mode of forest and light shall be adopted. The shrub land in the area with an annual precipitation of less than 400 mm and the shrub land with a coverage of less than 50% in other areas can be used. It is not allowed to cut trees, cut shrubs and destroy the original vegetation. It is not allowed to cut and transform the arbor forest land and bamboo forest land into shrub land; The lowest point of the photovoltaic support shall be more than 1m higher than height of the shrub, and the net spacing shall be reasonably set in the north-south direction of each row of photovoltaic panels, which shall be determined by the local authorities in combination with the field, and effective water and soil conservation measures shall be taken to ensure that the growth status such as shrub coverage is not lower than level before the complementary of forest and light. If the photovoltaic array uses the shrub forest land according to the regulations, the temporary use of forest land formalities shall be handled during the construction period, the relevant parties shall sign an agreement during the operation period, and the forest land shall be restored to its original state after the expiration of the project service period. If the photovoltaic array land involves the occupation of grassland outside the basic grassland, the local forestry and grass authorities should scientifically assess the grassland resources and ecological conditions in the region, and reasonably determine the suitable construction area, construction mode and construction requirements of the project. Encourage the adoption of the "grass and light complementary" model.
Photovoltaic array land shall not change the surface form, and shall be managed in accordance with the law and regulations on the basis of the results of the third national land survey and the subsequent annual land change survey. The implementation of land use filing does not need to be examined and approved according to non-agricultural construction land.
(2) Management of land for supporting facilities. The land for supporting facilities of photovoltaic power generation projects shall be managed according to the construction land, and the examination and approval procedures for construction land shall be handled in accordance with the law and regulations. Among them, if the occupation of cultivated land is involved, the balance of occupation and compensation shall be implemented according to the regulations. Roads that meet the standards of photovoltaic land use, are located inside and around the array, and directly support the photovoltaic array, can be managed as rural road land, involving the occupation of arable land, and the balance of access shall be implemented according to regulations. Other roads shall be managed as construction land.
3. Speed up the procedures
for land use for projects (1) Establish a joint examination mechanism for land use, forest use and grass use. Local natural resources and forestry and grass authorities should establish a linkage mechanism for examining and coordinating the use of forest and grass for project land use, and for projects within the scope of national large-scale photovoltaic base construction that meet the requirements of land and space planning and use control and are included in the "one map" of land and space planning, they should use forest and grass for project land use when establishing and demonstrating projects. Strictly implement the Control Index of Land Use for Photovoltaic Power Station Project and the relevant provisions on the use of forest land for photovoltaic power station, so as to ensure the reasonable demand for forest and grass for project land.
(Two) timely land requisition or lease procedures. If the land for photovoltaic power generation projects involves the use of construction land, the land expropriation formalities may be handled in accordance with the provisions on land expropriation. The land for photovoltaic array is allowed to be acquired by leasing, and the land use unit shall sign a land use and compensation agreement with the rural collective economic organization or the subject of state-owned land rights and the local township government, which shall be reported to the local county-level natural resources and forestry and grass authorities for the record.
4. Strengthen land use supervision
(1) Department coordination. Provincial departments in charge of natural resources, forestry, grass and energy shall, in conjunction with relevant departments at the same level and in light of local conditions, formulate measures for the implementation and management of land use for photovoltaic power generation projects, strengthen guidance and supervision over the construction of photovoltaic power generation projects, and promote the high-quality development of the industry.
(2) Strengthen the daily supervision and enforcement of land use. When carrying out the annual land change survey, the competent departments of natural resources and forestry and grass marked the area occupied by the photovoltaic array as a separate layer as the basic basis for land use supervision. Provincial natural resources and forestry and grass authorities should strengthen the daily supervision of the land used for photovoltaic power generation projects, especially the land used for photovoltaic array, and should not change the land use, and strictly prohibit the unauthorized construction of supporting facilities that are not necessary for power generation. All localities should incorporate land use for photovoltaic power generation projects into their daily supervision and law enforcement, and promptly detect and seriously investigate illegal land use.
5. Properly handle the problems
left over by history. This Circular shall come into force as of the date of promulgation. Photovoltaic power generation projects (including start-up and non-start-up construction) that have been approved in accordance with the "Opinions on Supporting Photovoltaic poverty alleviation and Regulating Land Use for Photovoltaic Power Generation Industry" (Land and Resources Regulation [2017] 8) before implementation may be carried out in accordance with the pre-examination of land use and relevant opinions on land use at the time of approval of the project, and shall not be carried out in accordance with the approval of the project; If the project has passed the preliminary examination of land use or the local government has made clear the opinions on land use, but the project has not been established, it shall be implemented in accordance with the requirements of this Notice. The existing photovoltaic facilities scattered within the red line of ecological protection shall be managed in accordance with relevant laws and regulations, and it is strictly forbidden to expand the existing scale and scope. After the expiration of the project, the construction unit shall be responsible for the ecological restoration. If
the Circular of the General Office of the Ministry of Natural Resources on Supporting the Consolidation and Expansion of poverty alleviation Achievements during the Transitional Period and Effectively Linking up with Rural Revitalization (Natural Resources Office No.45, 2022) is inconsistent with this Circular, this Circular shall prevail. General Office of the Ministry of
Natural Resources General Office of the State Forestry and Grassland Administration General Department
of the State Energy Administration March 20
, 2023
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