【Haichuan EPC】What are the key points to consider when applying for temporary construction land? ? ?

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Temporary land use refers to the act of temporarily occupying land in areas outside the project’s boundary lines; Article 57 of the Land Administration Law contains specific provisions regarding the management of temporary land use. Temporary land that may be involved in the factory construction process falls into two categories: one is temporary land for construction. It mainly includes: office and living facilities built temporarily during the plant construction process to directly serve the construction workers, as well as auxiliary structures that are directly used for the construction work itself, such as temporary offices, living quarters, temporary shacks, etc.; land used for material storage areas, mixing stations, rebar processing plants, and construction and transportation access roads. Such temporary use of land is quite common. The second is to survey temporary land use. This includes land to be used temporarily for geological and hydrological surveys, etc. This depends on the volume of work; generally, when the survey takes a short time and is on a small scale, there is little need to use temporary land. Please keep in mind that not every project requires temporary land use; always bear in mind that only the use of areas outside the designated red lines constitutes temporary land use. If a factory construction project indeed requires temporary land, the relevant procedures must be followed rather than starting construction and using the land directly, even in the most remote areas. The authority in charge of temporary land use is generally the Bureau of Planning and Land Resources. Although the requirements are simple, there are quite a few documents needed to handle the application, which typically include: 1) Basic documents: project approval documents, explanatory materials regarding the use of temporary land, and the application form ； 2) Site selection opinions issued by the planning department, survey and demarcation technical reports, land occupation contracts, and documents proving ownership of the land ； 3) If farmland is involved, a “Reclamation Plan” and proof of cost payment must also be provided. Therefore, the factory-establishing entity that uses temporary land must clearly determine the ownership of the land to be used and enter into a contract for its temporary use. If it is arable land that needs to be reclaimed, a land reclamation plan must be prepared in accordance with the provisions of the Land Reclamation Regulations, and compensation fees may also be required. https://mmbiz.qpic.cn/sz_mmbiz_jpg/wFndJelQjGibsVYUCc4jfO5iaKwMMnFt95VKfFUCUAAPKuESegnwjtrZtP558CN81FVA1dyDCfTZrqLztwChibDeQ/640?wx_fmt=jpeg&from=appmsg&watermark=1#imgIndex=1 We will discuss the legal basis for temporary land use later; in addition to the Land Administration Law mentioned above, the planning regulations and land management regulations established by various regions also set requirements regarding temporary land use. The government does have requirements regarding the location of temporarily used land; generally, these are: (1) it must not affect urban construction planning or municipal cleanliness ； (II) Must not obstruct road traffic ； (III) Do not damage public facilities such as communication, water management, and power supply systems ； (IV) It shall not pollute the environment or cause soil erosion ； (5) No permanent buildings (structures) shall be constructed ； (VI) The approved use purpose shall not be altered ； (7) The premises or structures on the land shall not be transferred, leased, or lent out ； (8) Other acts prohibited by laws and regulations. In practice, some governments further classify temporary land use into different types and specify distinct authorities in charge; for example, the authority responsible for temporary use of green spaces becomes the landscaping department, the urban management department, or even the housing and construction department ； The authority responsible for the temporary use of forest land became the Forestry Bureau. In some areas, the process involves first obtaining approval from departments such as those in charge of landscaping and forestry before proceeding with the licensing procedures; in other areas, the process can be completed directly at the departments responsible for landscaping and forestry. For the actual situation, you can inquire with the local planning and resources department where the factory project is located or check relevant government apps.