13.2 General Framework
279
clarification and registration of natural resources and eco-spaces of natural reserves
(including national parks, natural protection zones, and natural parks), while the
ownership rights will be directly administered by the central government. The central
government will directly exercise ownership rights over major rivers and lakes, transboundary rivers, wetlands, and grasslands with important ecological functions, key
state-owned forest areas defined by the State Council, sea areas directly exercised
the ownership rights by the central government, sea island without residents, as well
as oil, natural gas, and valuable rare mineral resources. The province is responsible for conducting the clarification and registration of natural resources and that
of the eco-space is entrusted by the central to the local governments, the latter of
which will exercise the ownership rights on behalf of the former. The prefecture
and county conduct the clarification and registration works in their jurisdictions. The
cross-boundary natural resources are clarified and registered directly by the common
upper level registration agency or assigned agency (Article 6).
The unified clarification and registration of natural resources applies the natural
resources registration unit as the basic unit. The registration unit shall be formulated based on the scope of the natural resource ownership rights of the registration
agency with water resources, forestry and grassland, and ecological and environmental departments, under comprehensive consideration of natural resource type,
ecological, economic, and national defense roles and ecosystem integrity (Article
13). Water flow can be delimited by the natural resources registration unit separately. In accordance with the national land survey results and water resources special
investigation results, the water flow registration unit shall be delimited based on the
river and lake management in combination with management of dykes and water
shorelines. The mainstream and tributary can be delimited as the registration unit
independently (Article 15).
The natural resources register shall record items including the natural resource’s
location, spatial scope, area, type, quantity, and quality and information including
the ownership rights holder, ownership rights represented exercise body, ownership
rights entrust exercise body, exercise ways and rights (Article 9). The ownership
rights represented exercise body of the publicly owned natural resources is the natural
resources administrative department of the State Council, which can exercise its
functions directly or by entrusting. If the central government entrusts relevant departments or local governments to exercise ownership rights on its behalf, the ownership
rights entrusting exercise body will be registered as the relevant departments or local
governments (Article 10).
The Method also provided for a natural resources register and a pilot plan for the
clarification and registration natural resources.
Thus, natural resources are registered based on real estate and the jurisdiction in
China. The registration unit is formulated in two ways: one is based on the jurisdiction’s boundary to ensure it is consistent with the real estate boundary and administrative boundary, another is the special space for the national parks, water flows, and
so on.
1
1 https://www.mnr.gov.cn/dt/zb/2016/tyqq/zhibozhaiyao/201806/t20180629_1964697.html.
279
clarification and registration of natural resources and eco-spaces of natural reserves
(including national parks, natural protection zones, and natural parks), while the
ownership rights will be directly administered by the central government. The central
government will directly exercise ownership rights over major rivers and lakes, transboundary rivers, wetlands, and grasslands with important ecological functions, key
state-owned forest areas defined by the State Council, sea areas directly exercised
the ownership rights by the central government, sea island without residents, as well
as oil, natural gas, and valuable rare mineral resources. The province is responsible for conducting the clarification and registration of natural resources and that
of the eco-space is entrusted by the central to the local governments, the latter of
which will exercise the ownership rights on behalf of the former. The prefecture
and county conduct the clarification and registration works in their jurisdictions. The
cross-boundary natural resources are clarified and registered directly by the common
upper level registration agency or assigned agency (Article 6).
The unified clarification and registration of natural resources applies the natural
resources registration unit as the basic unit. The registration unit shall be formulated based on the scope of the natural resource ownership rights of the registration
agency with water resources, forestry and grassland, and ecological and environmental departments, under comprehensive consideration of natural resource type,
ecological, economic, and national defense roles and ecosystem integrity (Article
13). Water flow can be delimited by the natural resources registration unit separately. In accordance with the national land survey results and water resources special
investigation results, the water flow registration unit shall be delimited based on the
river and lake management in combination with management of dykes and water
shorelines. The mainstream and tributary can be delimited as the registration unit
independently (Article 15).
The natural resources register shall record items including the natural resource’s
location, spatial scope, area, type, quantity, and quality and information including
the ownership rights holder, ownership rights represented exercise body, ownership
rights entrust exercise body, exercise ways and rights (Article 9). The ownership
rights represented exercise body of the publicly owned natural resources is the natural
resources administrative department of the State Council, which can exercise its
functions directly or by entrusting. If the central government entrusts relevant departments or local governments to exercise ownership rights on its behalf, the ownership
rights entrusting exercise body will be registered as the relevant departments or local
governments (Article 10).
The Method also provided for a natural resources register and a pilot plan for the
clarification and registration natural resources.
Thus, natural resources are registered based on real estate and the jurisdiction in
China. The registration unit is formulated in two ways: one is based on the jurisdiction’s boundary to ensure it is consistent with the real estate boundary and administrative boundary, another is the special space for the national parks, water flows, and
so on.
1
1 https://www.mnr.gov.cn/dt/zb/2016/tyqq/zhibozhaiyao/201806/t20180629_1964697.html.