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Following is a question by the Hon Choy So-yuk and a written reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, at the Legislative Council meeting today (November 3) :

Question :

It has been reported that 53 locations in the New Territories have become sites for processing waste plastic bottles and, among them, 14 sites are operated illegally. In this connection, will the Government inform this Council:

(a) as the above illegal operation is related to land use and planning, of the measures taken by the authorities in these two aspects to prevent recurrence of similar incidents; and

(b) of the sources of the plastic bottles processed at the above sites and whether they are imported illegally; if so, of the measures that have been or will be taken to prevent the persistence of such illegal importation?

Reply :

Madam President,

(a) Under the Town Planning Ordinance (Cap. 131), recycling operations are permitted if the concerned sites are zoned as "Open Storage" or "Industrial (Group D)". Planning permission from the Town Planning Board (TPB) is required for carrying out such operations. Each case will be considered on its merits e.g. whether the recycling operation will give rise to traffic/environmental impacts and local concerns. Moreover, if the recyclers fail to comply with the conditions attached to the planning permission, the TPB could revoke the planning permission.

In so far as planning control is concerned, any development within the Development Permission Area must be covered by a valid planning permission granted by the Town Planning Board, otherwise it would be unauthorised unless the development is in existence before the gazettal of the relevant statutory plan or permitted under the relevant statutory plan. Under the Ordinance, Planning Department is empowered to take enforcement and prosecution actions against the unauthorised development.

According to information of Planning Department, a total of 49 sites involve the processing of waste plastic bottles. Since August 2004, Planning Department has carried out investigation on these 49 sites. The investigation result shows that 14 sites concern unauthorised development. Warning letters or enforcement notices have been issued to the six sites to require the responsible parties to discontinue the unauthorised development or to apply for planning permission from the TPB. Appropriate enforcement action against the remaining eight sites will be taken later on upon collection of sufficient information.

Planning Department will continue to closely monitor the situation of land use in the rural New Territories. Should unauthorised development be detected, appropriate enforcement action will be taken.

As regards land use control, the use of private land is governed by the terms of the relevant land lease. All land leases contain a user clause which specifies the permitted use of the land concerned. The leases also include a number of general and special conditions that the lessees need to comply. Where the use of land breaches the lease conditions, Lands Department will take enforcement action in accordance with its departmental priorities and in consultation with relevant bureaux and departments.

As regards the waste plastic bottle processing sites in question, 46 of them are located on private agricultural lots in the New Territories. As with most private land in the New Territories, these 46 sites where waste plastic bottle processing operations take place are covered by Block Government Leases (BGLs) granted in the early 20th Century. The main restriction in BGLs is that no buildings are permitted on agricultural lots without prior consent of the Director of Lands. BGLs do not contain conditions prohibiting waste recycling activities on agricultural land. As such, Lands Department cannot take lease enforcement action against plastic bottle recycling activity on the above lots. Nevertheless, the remaining three sites where waste plastic bottle recycling processing operations take place are identified to have occupied government land without permission (none of these sites involve unauthorised development under the Town Planning Ordinance). The District Lands Office, North has already served notice on the relevant sites in accordance with the Lands (Miscellaneous Provisions) Ordinance (Cap.28), requiring the occupants to cease their illegal occupation. Land control action will be taken should the occupants fail to comply with the notice.

Lands Department and the relevant District Lands Offices will continue to take appropriate land control action, should any illegal occupation of Government land by waste plastic bottle processing activities be found.

(b) It comes to our knowledge that plastic bottles processed by the recycling operations came both from local collection and foreign imports.

According to the Waste Disposal Ordinance (WDO) (Cap. 354), any person who imports or exports any waste has to apply in advance for a permit from the Environmental Protection Department, unless such waste is of a kind specified in Schedule 6 of the WDO, is uncontaminated and is imported for the purpose of a reprocessing, recycling or recovery operation or the reuse of the waste.

Since solid plastic waste (including waste plastic bottles) is listed in Schedule 6 of the WDO, importing uncontaminated waste plastic bottles for recycling does not require a permit. Therefore, there is no illegal import of waste plastic bottles.

Ends/Wednesday, November 3, 2004

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