Legal information

Article introduction: What are the reasons for the closure of breeding farms? Situations that may lead to the closure of a breeding farm include serious failure to meet environmental environmental impact assessment standards, illegal construction, and being classified as a prohibited breeding area.

1. What measures will be taken to close the breeding farm?

1. Require companies to dismantle breeding farms within a certain period of time.

2. Require enterprises to close down, dispose of equipment and breeding products within a certain period of time, and provide certain subsidies. Or they can negotiate a one-time deal to close the farm and pay for the suspension of production and business and other losses.

3. If the enterprise is large-scale and has huge influence in the local area, the enterprise can be transferred to other enterprises with subsequent support from government funds and policies.

2. Can the breeding farm be demolished directly?

1. According to relevant laws, which areas are classified as prohibited areas? In order to coordinate the promotion of animal husbandry production development and the prevention and control of pollution from livestock and poultry breeding, the "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding" and the "Water Pollution Prevention and Control Action Plan" put forward clear requirements for the delineation of prohibited areas.

2. We can take a look at the provisions of Article 37 of the "Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding". Only those who build farms or breeding communities in drinking water source protection areas can be ordered to stop illegal activities, fined 100,000 to 500,000, and reported to the people's government with the authority for approval for demolition and closure. The farm can be directly demolished. This is the only situation.

3. Enterprises operating legally should receive compensation

If there is no illegal situation in the farm, we can seek compensation by referring to demolition. Compensation for house value, relocation, temporary resettlement, loss of production and business suspension, etc. can be obtained in accordance with the provisions of Article 17 of the Regulations on Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the Regulations on Expropriation and Compensation), or compensation for land compensation, resettlement subsidies and ground attachments, etc. in accordance with the provisions of Article 47 of the Land Management Law. Ying Ting believes that in addition to regular compensation items, the spirit of Article 17, Paragraph 2 of the "Regulation on Requisition and Compensation", which states "People's governments at the municipal and county levels shall formulate subsidy and reward measures to provide subsidies and rewards to expropriated persons" and Article 47 of the Land Management Law, "The standards for land compensation fees and resettlement subsidies for expropriated other land shall be determined by provinces, autonomous regions and municipalities with reference to the standards for land compensation fees and resettlement subsidies for expropriated farmland", and provide certain subsidies to the demolished persons.

4. Reasonable compensation should be given if environmental protection is prohibited!

1. In addition to the above legal provisions, the State Council has made specific provisions on compensation issues when the poultry and livestock breeding industry encounters environmental protection shutdowns and land acquisition and demolition. According to Article 7 of the "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding" promulgated by the State Council in 2014, it is prohibited to build livestock and poultry farms in the following areas: (1) core areas and buffer zones of domestic drinking water source protection areas, scenic spots, and nature reserves; (2) residential areas, cultural, educational, scientific research areas, medical areas and other populated areas in cities and towns; (3) prohibited areas demarcated by the county-level people's government in accordance with the law; (4) other areas that require special protection under national or local laws and regulations. Livestock and poultry farms that have been built before the promulgation of these measures and are located in the above areas should be relocated or closed within a time limit. Livestock and poultry farms that were built before the promulgation of these Measures and are located in the above-mentioned areas shall be relocated or closed within a time limit.

2. Article 25 of the "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding" of the State Council Order No. 643 of the People's Republic of China stipulates: If it is necessary to close or relocate existing livestock and poultry breeding sites due to animal husbandry development planning, overall land use planning, urban and rural planning adjustments, and the demarcation of prohibited breeding areas, or due to comprehensive rectification of heavily polluted livestock and poultry breeding intensive areas, causing economic losses to livestock and poultry farmers, the local people's governments at or above the county level shall compensate them in accordance with the law. Therefore, according to the provisions of the State Council, if a breeding farm with formalities is closed due to environmental issues, the county-level government should provide reasonable compensation. The Yingting Demolition Team believes that if there are no relevant local legal provisions on compensation, the assessment should be based on the relevant provisions of land acquisition and demolition, including losses from production and business suspension, equipment damage, loss of ground objects, etc.

Yingting reminds you:

If you have objections to this decision or the compensation conditions after your farm is demolished or closed, please safeguard your rights through administrative review, administrative litigation and other legal channels within 6 months. If this statute of limitations is exceeded, the opportunity for legal relief will be lost. In order to strive for the best interests, you can read more relevant legal knowledge and understand the relevant policies on the closure of local breeding farms. You can also seek solutions from lawyers who specialize in the closure and demolition of breeding farms.