On June 11, the Supreme People's Procuratorate issued a series of typical cases (the twelfth batch) of "Procuratorial Work for the People"-Administrative Procuratorial Work with the People. In handling these cases, the inspection organ listed the case of a photovoltaic enterprise illegally destroying forest land to build a photovoltaic project . In this case, the company involved was punished by the Forestry Bureau for two consecutive years for changing the use of forest land without authorization. The details are as follows:
Case 6
: a Photovoltaic Power Generation Company's Unauthorized Occupation and Destruction of Forest Land Administrative Non-litigation Execution Procuratorial Supervision Case
[Key Words]
Administrative Non-litigation Execution Supervision Procuratorial Suggestions Unauthorized occupation and destruction of forest land and protection
of forest land resources [basic case]
a county-level photovoltaic power generation company in Hubei Province (hereinafter referred to as the photovoltaic company) is an industrial project introduced by the city. From May 2018 to February 2019, without approval, photovoltaic companies installed photovoltaic power generation arrays on 68646 square meters of forest land outside the construction red line. On April 20, 2019, the Municipal Forestry Bureau served the Decision on Forestry Administrative Penalty to the Photovoltaic Company, ordering the Photovoltaic Company to restore the original state of the forest land and imposing a fine of 227330. The photovoltaic company paid the fine. On May 14, 2020, the Municipal Forestry Bureau again served the Decision on Administrative Penalty for Forestry to the Photovoltaic Company, imposing a fine of 3700 yuan on 74 square meters of deforestation area of the cement base under the photovoltaic panel, and ordering the Photovoltaic Company to complete the procedures for permanent occupation of forest land. In this regard, the photovoltaic company only paid a fine. In July 2020, the Forestry Department of Hubei Province approved the use of village collective forest land for the photovoltaic power generation project (Phase II) of the photovoltaic company, and completed the examination and approval of the use of forest land beyond the red line for the construction project of the photovoltaic company. In addition, the photovoltaic company transferred two permanent land in the form of leasing, and did not go through the land use approval procedures, which also caused some villagers'dissatisfaction with the rental compensation.
[Performance of procuratorial organs]
The source of the case is that the municipal procuratorate found clues in the supervision activities of administrative non-litigation execution in the field of land law enforcement and investigation, and then initiated the supervision procedure according to its authority.
Investigate and verify the city procuratorate to collect and collate the reply of the higher level government of the city on the message handling of the "Internet + supervision" platform of the State Council, and collect the administrative files of the photovoltaic company's construction and use of forestland, the administrative penalty files of unauthorized changes in the use of forestland, and inquire the relevant personnel according to law. After examination, it is considered that, on the one hand, the photovoltaic company occupied the forest land without authorization and failed to fulfill the obligation of "restoring the forest land to its original state" after being punished, and the permanent occupation of the forest land did not complete the relevant land use procedures; On the other hand, the other two construction projects of photovoltaic companies transfer permanent land in the form of lease, which does not conform to the law, and the relevant compensation fees are calculated according to the lease standard, which is not conducive to protecting the legitimate rights and interests of land owners and contractors. In this regard, the Municipal Forestry Bureau and the Municipal Natural Resources and Planning Bureau (hereinafter referred to as the Municipal Self-Planning Bureau) have the problems of lack of supervision and inadequate enforcement, resulting in the delay in eliminating the illegal state.
Supervisory opinions On April 19, 2021, the Municipal Procuratorate issued procuratorial suggestions to the Municipal Forestry Bureau and the Municipal Self-Regulation Bureau respectively, suggesting that the two units perform their supervisory duties according to law, strengthen the supervision of illegal acts of construction without approval, and safeguard the national and social public interests; To urge photovoltaic companies to give fair, reasonable and full compensation to land owners and contractors for permanent land occupation of construction projects.
Supervision results On May 6, 2021, the Municipal Forestry Bureau, after collective research, decided that, in view of the fact that the photovoltaic company had paid the fine in full and had completed the procedures for the use of forest land, in order to support the development of the enterprise, it agreed that the photovoltaic company would no longer implement the content of the administrative penalty for restoring the original state. The compensation for the permanent land occupation of the construction project has also been implemented.
[Typical Significance]
The land for photovoltaic power generation projects, including the land for photovoltaic array and supporting facilities, must strictly abide by the provisions of Articles 37 and 38 of the Forest Law of the People's Republic of China, Articles 2, 44 and 48 of the Land Management Law of the People's Republic of China, and the land for photovoltaic power generation projects. The surface morphology shall not be altered. In this case, the photovoltaic company occupied the forest land outside the construction red line to install photovoltaic power generation array without authorization, and the construction land for supporting facilities did not obtain the approval procedures for construction land in accordance with the law in violation of the above legal provisions. In view of the public welfare nature of photovoltaic power generation projects and its significance in optimizing the structure of rural energy supply and promoting the transformation and upgrading of rural energy consumption, the procuratorial organs, in the process of supervision, take into account the protection of the ecological environment, the optimization of business environment and the protection of people's livelihood and interests in an all-round way, focus on the focus of disputes in cases, and communicate with the administrative organs and territorial governments for many times. It not only prevents the enterprises involved from "running with illness" due to land violations, but also realizes the unification of ecological environment protection, business environment optimization and people's livelihood protection.
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