The rural land contracting law revision have any influence on agricultural development of photovoltaic (pv)?

Solar photovoltaic (pv) net news: on January 1 this year, the revised 'rural land contracting law' formally implemented, it is ten years 'rural land contracting law' first overhaul. In addition to involving such problems as the nation's basic agricultural policy, the repair method to solve the agricultural pv and other new industries several key issues of concern. Today, the sunshine GeZhiJian lawyer this analysis as follows.

　　“ Farmers throughout complementary & light; 、“ Fishing light complementary & throughout; Such as the new way of land use is associated with rapid development of photovoltaic industry in recent years by way of new land, this is the 'rural land contract law' and 'land management law' set no new legal relationship by times.

the China & other One billion eight hundred million mu & throughout; Cultivated land protection policy as the bottom line, whether agriculture photovoltaic belongs to the cultivated land, whether should be in accordance with the 'land management law' provisions of the land expropriation procedures such as in the aspect of law is not clear, Four ministries in 2017 'about photovoltaic poverty alleviation support and standardize the opinions of the photovoltaic industry land belongs to & other; ” ） 。

for photovoltaic new formats such as agricultural development, the repair method to amend the original article 17 to: & other; Maintain the agricultural use of land, without approval, in accordance with the law shall not be used for non-agricultural construction & hellip; … ”

as land there is a time limit, the rural land contract right there is a time limit; But how to deal with the rural land contract right expires 'rural land contract law' is not clear.

cultivated land, for example, arable land, the original contract for 30 years, a lot of photovoltaic (pv) project at the time of lease has in the past most of the original contract, remaining original contract is not enough to meet the requirements of photovoltaic project design life of 25 years, it became only depend on the agreement does not completely solve the problem.

the practice will increase provisions of article 20: & other; Cultivated land extended again after the expiration of the original contract prescribed in the preceding paragraph for 30 years, grassland, forest land after the expiry of the original contract in accordance with the provisions of the preceding paragraph extended accordingly. ”

in 2017, four ministries and commissions on the photovoltaic poverty alleviation support and standardize the opinions of the photovoltaic industry land, before a period of time, agriculture photovoltaic almost stagnated in a comprehensive, the reason is that a large number of photovoltaic power station borrow & other; Farmers throughout complementary & light; The name of the permanent reality of the covers, lead to all once required by the competent department of agriculture pv projects shall be permanent covers an area of formalities. Although derived after four ministries in the file, but how to fight off agricultural pv is still the top priority.

　　“ Land people do STH without authorization changes of agricultural land use, QiGeng pastureland for two consecutive years, serious damage to the land, or serious damage to the land ecological environment, the contractor within a reasonable period not remove land management rights transfer contract, the party shall have the right to demand termination of the land management rights transfer contract. Land management rights of land and the land ecological environment damage shall make compensation. ”

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