Enterprise demolition

Article introduction: When the company receives the notice of closure and demolition within a time limit, the breeding farm will soon face a ban on breeding and closure. So, what should you do if you encounter this situation?

1. Reasons for the closure of farms

1. The main situations that can lead to the closure of breeding farms include: serious failure to meet environmental protection standards, illegal construction, and being classified as a prohibited breeding area. According to relevant laws, which areas are classified as no-breeding areas? The Yingting demolition team learned that in order to coordinate the development of animal husbandry production 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 "Action Plan for the Prevention and Control of Water Pollution" put forward clear requirements for the demarcation of prohibited areas.

2. Article 40 of the "Animal Husbandry Law of the People's Republic of China" stipulates that the construction of livestock and poultry farms and breeding communities is prohibited in the following areas: (1) Water source protection areas for domestic drinking water, scenic spots, and core areas and buffer zones of nature reserves; (2) Urban residential areas, cultural, education, and scientific research areas and other populated areas; (3) Other prohibited areas stipulated by laws and regulations. Article 14 When engaging in livestock and poultry breeding activities, effective measures such as scientific feeding methods and waste treatment techniques should be adopted to reduce the amount of livestock and poultry breeding waste produced and the amount discharged to the environment.

3. Article 37 of the "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding" stipulates that only those who build farms or breeding communities in drinking water source protection areas can be ordered to stop illegal activities, fined from 100,000 to 500,000, and reported to the people's government with approval authority for demolition and closure. In other words, the farm can be directly demolished. This is the only situation.

2. Compensation that can be obtained if the breeding farm is closed down

1. What kind of compensation can you get if the farm is closed down? If there is no illegal situation in the farm, we can seek compensation by referring to demolition.

The amount of compensation for enterprise closure can refer to the compensation standards for enterprise demolition.

2. According to the provisions of Article 17 of the Regulations on the Expropriation and Compensation of Houses on State-owned Land (hereinafter referred to as the "Regulations on Expropriation and Compensation"), compensation can be obtained in terms of house value, relocation, temporary resettlement, loss of production and business suspension, etc.

3. Or obtain compensation for land compensation, resettlement subsidies, ground attachments, etc. in accordance with the provisions of Article 47 of the Land Management Law.

4. In addition to the regular compensation items, there is also Paragraph 2 of Article 17 of the "Regulations on Expropriation and Compensation", which states that "people's governments at the municipal and county levels shall formulate subsidies and reward measures to provide subsidies and rewards to the expropriated persons."

5. In accordance with the spirit of Article 47 of the "Land Management Law", "the standards for land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the acquisition of cultivated land", certain subsidies will be given to the demolished persons.

3. Legal remedies

If you receive a notice of closure or demolition within a time limit, don’t panic, and don’t just follow the decision to dismantle it. Carefully review whether the administrative body that issued the notice has the authority, whether the order issued complies with the provisions of relevant laws, and whether it is carried out in accordance with legal procedures. If you want to protect your farm and other legitimate rights and interests, you can file an administrative review and lawsuit when necessary. The Yingting Demolition Team believes that if a business owner's breeding farm has been forcibly demolished or closed down, the first thing the party concerned should do is to make a list and tally the losses caused. Then submit a written application for compensation to the demolition authority, and both parties will negotiate on compensation matters. If the two parties fail to reach an agreement on compensation, the parties concerned can file an administrative lawsuit to request state compensation. The formulation of negotiation plans, the use of communication skills, and understanding the other party's psychology all require the guidance and intervention of professional lawyers to help the parties obtain the maximum rights and interests.

4. Legal basis for compensation for suspension of breeding and suspension of breeding

1. Article 7 of the "Animal Husbandry Law of the People's Republic of China" stipulates that the animal husbandry and veterinary administrative department of the State Council is responsible for the supervision and management of the national animal husbandry industry. The animal husbandry and veterinary administrative departments of local people's governments at or above the county level are responsible for the supervision and management of animal husbandry within their respective administrative regions. The relevant competent departments of the people's governments at or above the county level are responsible for the work related to promoting the development of animal husbandry within the scope of their respective responsibilities.

2. Article 10 of the "Regulations on the Prevention and Control of Pollution from Large-scale Livestock and Poultry Breeding" stipulates that the environmental protection departments of the people's governments at or above the county level shall, in conjunction with the agriculture and animal husbandry departments, prepare plans for the prevention and control of pollution from livestock and poultry breeding, and submit them to the people's government at the same level or its authorized department for approval and implementation. The livestock and poultry breeding pollution prevention and control plan should be connected with the animal husbandry development plan, take overall consideration of the livestock and poultry breeding production layout, clarify the livestock and poultry breeding pollution prevention and control goals, tasks, key areas, clarify the construction of key pollution control facilities, and comprehensive utilization of waste and other pollution prevention and control measures.

3. Article 39 of the "Animal Husbandry Law of the People's Republic of China" stipulates that livestock and poultry farms and breeding communities must meet the following conditions:

(1) Have production sites and supporting production facilities suitable for its breeding scale; (2) Have animal husbandry and veterinary technicians to serve it; (3) Meet the epidemic prevention conditions stipulated by laws, administrative regulations and the animal husbandry and veterinary administrative department of the State Council;

(4) Having biogas pools and other facilities for comprehensive utilization of livestock and poultry manure, wastewater and other solid waste or other harmless treatment facilities; (5) Meeting other conditions stipulated by laws and administrative regulations. The proprietor of a breeding farm or breeding community shall file the name, breeding address, livestock and poultry species, and breeding scale with the animal husbandry and veterinary administrative department of the county-level people's government where the farm or breeding community is located, and obtain a livestock and poultry identification code. Provincial people's governments shall formulate scale standards and filing procedures for livestock and poultry farms and breeding communities based on the development status of the livestock industry in their respective administrative regions.

4. Article 40 of the "Animal Husbandry Law of the People's Republic of China" stipulates that the construction of livestock and poultry farms and breeding communities is prohibited in the following areas: (1) Water source protection areas for domestic drinking water, scenic spots, and core areas and buffer zones of nature reserves; (2) Urban residential areas, cultural, education, and scientific research areas and other populated areas; (3) Other prohibited areas stipulated by laws and regulations. Article 14 When engaging in livestock and poultry breeding activities, effective measures such as scientific feeding methods and waste treatment techniques should be adopted to reduce the amount of livestock and poultry breeding waste produced and the amount discharged to the environment.

5. Article 24 of the "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding" stipulates that for heavily polluted livestock and poultry breeding-intensive areas, the municipal and county people's governments shall formulate comprehensive rectification plans and take measures such as organizing the construction of comprehensive utilization and harmless treatment facilities for livestock and poultry breeding waste, planned relocation or closing of livestock and poultry breeding sites, to control pollution from livestock and poultry breeding.

6. Article 25 of the "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding" stipulates that if livestock and poultry farmers suffer economic losses due to animal husbandry development planning, overall land use planning, urban and rural planning adjustments and the delineation of prohibited breeding areas, or due to the comprehensive rectification of heavily polluted livestock and poultry intensive areas, existing livestock and poultry breeding sites must be closed or relocated, resulting in 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.

7. Article 47 of the Land Management Law stipulates that if land is expropriated, compensation shall be provided according to the original purpose of the expropriated land. Compensation fees for farmland acquisition include land compensation fees, resettlement subsidies and compensation fees for ground attachments and young crops. The land compensation fee for the expropriation of cultivated land shall be six to ten times the average annual output value of the three years before the expropriation of the cultivated land. The resettlement subsidy for cultivated land acquisition shall be calculated based on the number of agricultural population to be resettled. The number of agricultural population to be resettled is calculated by dividing the amount of expropriated cultivated land by the average amount of cultivated land per person of the expropriated unit before land acquisition. The resettlement subsidy standard for each agricultural population that needs to be resettled is four to six times the average annual output value of the three years before the farmland is expropriated. However, the resettlement subsidy for each hectare of expropriated cultivated land shall not exceed fifteen times the average annual output value of the three years preceding the expropriation. The standards for land compensation and resettlement subsidies for the acquisition of other land shall be stipulated by the provinces, autonomous regions, and municipalities with reference to the standards for land compensation and resettlement subsidies for the acquisition of cultivated land.

8. The "Land Management Law" stipulates that the compensation standards for attachments and young crops on the expropriated land shall be stipulated by the provinces, autonomous regions and municipalities directly under the Central Government. When expropriating vegetable plots in urban suburbs, the land-using unit shall pay a fund for the development and construction of new vegetable plots in accordance with relevant national regulations. If the payment of land compensation fees and resettlement subsidies in accordance with the provisions of paragraph 2 of this article cannot enable the farmers who need to be resettled to maintain their original living standards, the resettlement subsidies may be increased with the approval of the people's governments of provinces, autonomous regions, and municipalities directly under the Central Government. However, the total of land compensation and resettlement subsidies shall not exceed thirty times the average annual output value of the three years before the land is expropriated. The State Council may increase the standards of land compensation fees and resettlement subsidies for cultivated land acquisition under special circumstances based on the level of social and economic development.

Yingting reminds you:

1. We know that if a breeding farm is prohibited from breeding or closed down, compensation should be based on the standards for land acquisition and demolition. If these farms are dismantled and closed due to non-compliance with environmental standards, can they still receive compensation? Of course you should be compensated! The reasons are as follows. According to Article 25 of the State Council Order No. 643 of the People's Republic of China, "Regulations on the Prevention and Control of Pollution from Large-Scale Livestock and Poultry Breeding": 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 the comprehensive improvement 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. If there are no relevant local legal provisions on compensation, the assessment should be made with reference to the relevant provisions on land acquisition and demolition. The compensation content mainly includes compensation for the loss of farm buildings, losses from production and business suspension, loss and damage to equipment, and loss of ground attachments, etc.

2. If you have any objection to the 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.