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The risk and photovoltaic projects cover a large area, and the contacts and plate types are complicated and use a variety of uses. In addition, there are differences in various provinces and regions. Land use related matters have always been an important issue that does not cause project compliance risks during the development and construction of risk, photovoltaic and other new dynamic projects.
Source: Lawyer Hao Team Author: Hao Li Xia Yuxin Chen Xia Wang Wei
Related reading:Latest: Hands-in-line list for the development of wind and photovoltaic projects
Lawyer Hao Li, partner of Zhonglun Law Firm, leads the group In the book “Decree of Development, Construction, Investment and Purchase of New Power Projects”, the team gave a detailed introduction to the continuous use of different uses and different types of lands involved in photovoltaics and wind projects and the risks in the land used. This article only excerpts the content of the department for readers to refer to (at the end of the specific chapter framework of this book, if you need to clarify the relevant content in one step, you are welcome to buy it, both JD/TB are available for sale today).
Permanent land involved in photovoltaic and wind projects has always been based on Pinay escort. If the project construction needs to be applied for the application land plate in our country, all the land plates must be applied for in accordance with the law. The method of obtaining it is for planning and delivery. If the construction of an occupied land plate, the agricultural land is transferred to construction land, the approval process shall be carried out during the application of agricultural land; if the construction and expropriation of agricultural land shall be carried out by the department with the right to agree to the application of agricultural land. Therefore, the permanent land departments such as photovoltaic project pressure upgrade stations, integrated buildings, and wind turbine foundations should be managed in accordance with the built-in land. Generally speaking, the acquisition process is shown in Figure 1.
Figure 1 The project’s permanent land acquisition process
Photovoltaic and wind power projects contracted and leased land
The “Opinions on Supporting the Development of New Industry and Promoting the Innovation Land of Ten Thousands of Innovative Land” stipulates that projects such as photovoltaic and wind power generation will have a rest in deserts, deserts and wastelands. During her nap, she had a dreamSugar daddy. For grasslands and other unused land plates, the land plates that do not take up pressure will be invited by friends to participate in the knowledge competitionSugar Baby, the land use department that does not change the surface shape during the recording process can be determined according to the original location, and the land use location will be made during the annual land use investigation, and the land use is allowed to be obtained through renting and other methods.
《Domestic Land Resources Opinions of the Ministry of State Council on Supporting Photovoltaic Support and Standard Photovoltaic Power Development Industry Land” (hereinafter referred to as “Opinions on Supporting Photovoltaic Support and Standard Photovoltaic Power Development Industry Land” National Land and Land Investment Regulation [2017] No. 8) to clearly confirm the photovoltaic remediation project siteSugar babyThe land for internal routes can be managed according to the land for rural routes; the photovoltaic surfaces used for agricultural land layout can not change the original land; the collective line land installed using direct buried cable method can be implemented the same management method as the photovoltaic surface land.
1. Conditions for contracting and leasing land
According to the “New Industry and New Industry”Sugar baby Opinions on Development and Promoting the Innovation Land of the Major Enterprises” and “Opinions on Supporting Photovoltaic Support and Standardizing Photovoltaic Power Development Industry Land”, the use of land can be obtained through leasing and other methods, and only the land use departments that do not occupy a pressure plate in the wind and photovoltaic projects and do not change the surface shape. According to the trend Sugar daddyThe actual situation of land for electricity, photovoltaic project targets, photovoltaic arrays, wind project target hoisting platforms and construction routes, etc., can be used for land for Sugar daddyAccording to the original location, the land use area and the original land use properties are not changed, and the land use is solved by leasing, but the permanently-based farmland shall not be occupied.
Secondly, from the perspective of photovoltaic projects, if the photovoltaic project is contacted and agricultural land contracted and leased, the project should be considered a photovoltaic recycled project, and the project quality is generally in the filing documents. However, departmental areas (such as Ningxia) explicitly request photovoltaic recycle projects must be compiled and recycled application plans, and the development and transformation departments and natural resource departments shall be reported at the project location. Therefore, project investors should pay attention to local specific requests for recycle projects.
2. Usage and attention to matters
Photovoltaic and wind projects use three types, which are respectively: Direct package distribution, rental method, and transfer method. Various methods require the following: Sugar babyThe important things are as shown in Figure 2:
Figure 2 Three ways of using and pay attention to things
It is worth noting that if the methods of using and using and using and using and using and using and using and using and taking the example of direct packet delivery method, if you find a sluggish little guy in the branches between you and the inappropriate one. A signing of a ground plate contract can cause ground plate contracts to be invalid, trigger disputes, and seriously affect the project process. If you have not passed the civilian decision-making method, there will be defects in land use, which can lead to invalid ground disk packages.
Photovoltaic, radio project routes and delivery routes
Rapid, photovoltaic project entry, repair routes and delivery routes are indispensable or missing parts of the project. The entrance and repair routes can be divided into two parts within the project site and outside the site. The in-site routes also include photovoltaic square aircraft, wind routes and other in-site routes. According to current practice, the status of the route is different, and the land use plan is also different.
The routes in the photovoltaic square are located in the photovoltaic square area. Other routes in the other places should be divided according to the project’s nature. The specific situation is as shown in Figure 3:
Figure 3 Photovoltaic square square aircraft for domestic and external routes
Photovoltaics, wind project target routes, and maintenance routes during operation should be permanent land. Sugar daddy manages the construction land according to the construction. However, in fact, there are practices that rent, share rural routes, fire protection passages, etc. are used as entrances and inspections.
In the actual application process, the project company should pay the application fee in a timely manner. Sugar daddyIf the project construction and operation are caused by the project, the project must be repaired in accordance with the agreement and the provisions of the laws and regulations to prevent disputes. It is recommended that the original rural route should be applied as much as possible and to cooperate with the joint construction time to pay attention to the nature of the route.
For the field outbound route, according to the provisions of the “Ground Disk Governance Law” and the “Photovoltaic Power Station Project Land Control Indicators” and “Power Voltage Development Station Project Construction Land Indicators (Risk Site)”, the base land for the steam and photovoltaic project delivery route is permanent land and should be managed according to the construction land. The area is calculated according to the size of the base outer wheel profile. If the agricultural land is touched and used, the agricultural land application process is still necessary.
However, there is a form of “recruitment on requisition” on the actual level, that is, corresponding requisition will be given a TC:
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