Land use control for Nature

Conservation
YT Tsang©
 Conservation obligations under
international treaties
 The Convention for the Protection of the World Cultural and
Natural Heritage 1972 (‘the Convention’ 保護世界文化和自然遺產公
約) extended to Hong Kong in 1984
 Article 2 defines ‘natural heritage’ to include, inter alia, ‘natural

sites of outstanding universal value from the point of view of

science, conservation or natural beauty.’
 Article 4 provides that each State Party undertakes the duty of

ensuring, to the utmost of its own resources, the identification,

protection, conservation, presentation and transmission to future
generations of natural heritage.
 The Convention of Biological Diversity 1992 (生物多樣性公約)
extended to Hong Kong in 2011.
 The conservation in Hong Kong is guided by the Nature Conservation
Policy (latest version in 2009)
 a list of priority sites for enhanced
conservation
A number of Priority Sites for Enhanced Conservation through Public-Private
Partnership (PPP) and Management Agreements (MA) with landowners.

Sites Rank
Ramsar Site 1
Sha Lo Tung 2
Tai Ho 3
Fung Yuen 4
Luk Keng Marsh 4
Mui Tsz Lam and Mau Ping 6
Wu Kau Tang 7
Long Valley and Ho Sheung 8
Heung
Deep Bay Wetland outside 9
Ramsar Site
Cheung Sheung 10
Yung Shue O 10
Sham Chung 12
 Basic legal control for nature
conservation
 Country Parks Ordinance
 Town Planning Ordinance
 Environmental Impact Assessment
Ordinance
 others
Country Parks Ordinance
(Cap. 208)
 Country Parks Ordinances
 Country Parks Ordinance (Cap. 208) in 1976
 The Country Parks Ordinance provides a legal
framework for the designation, control and
management of country parks and special areas in
Hong Kong.
 By March 2012, 24 Country Parks (CPs) plus 22
special areas for conservation which cover some 40%
of the territory’s total land mass (i.e. ~44,300 hectares).
 Marine Parks Ordinance (Cap. 476) protects and
conserves the marine environment and a rich
collection of aquatic animals and plants, such as
corals, sea grasses and dolphins.
 Marine Parks and Reserves cover a total area of 2 430
hectares and comprise scenic coastal areas, seascapes
and important marine habitats.
AFCD (Nov 2012) (http://www.afcd.gov.hk/misc/download/annualreport2012/appendix-
 Country Parks Ordinance
Two types of area:
 Country Parks are designated for the
purposes of nature conservation, countryside
recreation and nature education. The Country
Park can enclave or cover leased land. (under
S14)
 Special Areas are areas with special interest
and importance by reason of their flora, fauna,
geological, cultural or archaeological features.
They can be inside or outside the Country
Parks. (under S 24)
Country Parks Ordinance
Country Parks Ordinance
 Country Parks Ordinance
 Under Section 8, the locations of country
parks are delineated by a set of maps
prepared by the Country and Marine Parks
Authority.
 Explanatory material (such as diagrams,
illustrations, notes or descriptive matter) shall
be part of the map.
 Country Parks Ordinance
Development permission
 Once a draft country map is gazetted (under section 9),

any ‘new development’ requires a prior permission of

the Authority (Not the Board!) under Section 10. (No
detail of application procedure however!)
Compared with TPO…
Area excluded
 Country Parks Ordinance
 Country Park Enclaves
 When designating the country park area, some
private lands (usually hold by indigenous
villagers) and its surrounding government
lands may be excluded from the boundary of
country park.
 If the private lots are not incorporated into the
country park, it may be regulated by statutory
town plans.
 Country Parks Ordinance (22 Feb)
Map making process:
 Shall consult the “Country and Marine Parks

Board” (as consultative body)

 Country Parks Ordinance
Map making process:
 The main criteria for designating country
parks:
conservation value, landscape and aesthetic value, and
recreation potential; size, proximity to existing
country parks, land status, and existing land use are
relevant to demarcating boundaries.

See: Working Paper: WP/CMPB/6/2011- Review of the Criteria for

Designating Country Parks and Proposed Measures for Protecting
Country Park Enclaves –Annex II
(https://www.afcd.gov.hk/english/aboutus/abt_adv/files/common/W
P_CMPB_6_2011eng.pdf)
 Country Parks Ordinance
Public consultation in map-making process:
 Under Section 9, draft maps or draft replacement maps
are published in the government Gazette for public
inspection for 60 days period
e.g.

http://www.afcd.gov.hk/english/country/cou_wha/gazette_notice.html
 Under Section 11, any person aggrieved by a draft map
may raise an objection
 A hearing meeting conducted by the Board; and can be
attended by the objectors
 After the meeting, the Board
1. may reject the objections (in whole or in part );or
2. direct the Authority to make amendments to the draft maps
to meet such objection in whole or in part.
 Country Parks Ordinance
Map-making process
 There is no appeal mechanism in the

Ordinance against the Board’s decision.

 The Authority shall, within 6 months from

the last day of the period during which

objections may be lodged, submit the draft
map to the Chief Executive in Council for
approval (S 12)
 Country Parks Ordinance
Control of land use covered by the map
Section 16 further empowers the Country and
Marine Parks Authority to manage the land
use within a country Park.
 enforced through Land Authority
Control of land use
Control measures (Section 16):
 Discontinue or modify existing or proposed use in the
private lands
 Resume the private lands
Town Planning Ordinance (Cap 131)
 Town Planning Ordinance
 Areas of conservation use may be
designated as conservation zones
on statutory town plans or non-
statutory town plans
 "Site of Special Scientific Interest"
 "Conservation Area"
 "Coastal Protection Area"
 "Country Park"
 "Green Belt"
 Town Planning Ordinance
 Sites of Special Scientific Interests (SSSIs)
 land based or marine sites identified by the AFCD, normally no new
development will be permitted within a "SSSI" unless it is necessary for
conservation of the site
 Conservation Area
 To protect and retain the existing natural landscape, ecological or
topographical features of the area …
 Coastal Protection Area
 To conserve, protect and retain the natural coastlines and the sensitive
coastal natural environment…
 Country Park
 In line with Country Park Ordinance…
 Green Belt
 To primarily conserve the existing natural environment amid the built-up
areas/at the urban fringe…

 Principles of zoning >>> HKPSG, Chapter 10 – Conservation;

There is a general presumption against development within areas
designated for conservation use.
http://www.info.gov.hk/tpb/en/forms/master_schedule.html
 Enforcement
 The Planning Authority is empowered to
take enforcement / prosecution actions
against unauthorized developments in areas
covered by a DPA plan or an OZP which has
replaced the DPA plan. (what if the area is
not covered by any DPA before …?)
 Priority actions would be taken against
unauthorized developments within
conservation zones, such as "SSSI" and
"Conservation Area" zones.
Environmental Impact Assessment
Ordinance (Cap.499)
 Environmental Impact Assessment
Ordinance (Cap.499)
 Comes into operation on 1 April 1998.
 The purpose is to provide for assessing the impact on the
environment of designated projects and proposals, for
protecting the environment.
 However, it does not cover conservation per se where no
development is intended (Nissim 2012)
 Those designated projects are defined in Schedules 2
and 3 of the Ordinance.
 Both the private and public sectors are involved
 Schedule 2 consist mostly of civil engineering works and mega-
scale building developments such as railway stations, airports,
container terminals, public utility plants, industrial estates etc.
ordinary building projects are excluded.
 Designated projects in Schedule 3 consist of engineering feasibility
studies.
 Special situations for direct permit
application under S5 of EIAO Schedule 2 or 3 in EIAO

by project
owner

Public and ACE

issued by EPD

by project
owner

Public and ACE

Approved by
EPD

Register kept
by EPD for
Environmental permits shall be applied before construction or public further
operation of a designated project. It is granted by EPD based on inspection
approved EIA report, relevant technical memorandum (under
*ACE= Advisory Council on the
S10) . Environment
 Environmental assessment
 Technical Memorandum on Environmental Impact Assessment
Process
 The Director of Environment Protection shall be guided by the
Memorandum when making all decisions relating to EIA
approval mechanism
 It is an offence (fine and imprisonment) to
 construct or operate a designated project without a valid
environmental permit
 be contrary to the environmental permit conditions
 separate contiguous projects, which collectively qualify as a
designated project, in order to avoid the purposes of the Ordinance
 Government can also issue a cessation order, to require
remedial works to be undertaken, to take direct action to
remedy environmental damage, and to recover costs from those
who are liable.
Other ordinances related to land
use control
 Other relevant ordinances related to
land use control
 The Wild Animals Protection
Ordinance (Cap 170) restricts
access to designated areas of
wildlife habitat (including Mai
Po Marshes, the Yim Tso Ha
Egretry and Sham Wan of the
Lamma Island. etc). Restricted
Areas under the Ordinance are
implemented by the AFCD.
 Other relevant ordinances related to
land use control
 Under Waterworks
Ordinance (Cap
102) Section 23, the
Water Authority
shall prepare
maps showing all
gathering
grounds, and
control leased
land in gathering
grounds (S24)
www.scmp.com

www.scmp.com

www.stheadline.com

http://paper.hket.com

www.thestandnews.com
 END of presentation
(All text and illustrative materials reproduced herewith are solely for educational purpose)

Reference:
Nissim, R. 2012. Land Administration and Practice in Hong Kong. 3rd ed. Hong Kong:
HKU Press.