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Following is a question by the Hon Martin Lee and an oral reply by the Secretary for the Environment, Transport and Works, Dr Sarah Liao, in the Legislative Council meeting today (January 26) :
Question
Regarding the protection of natural rivers and streams in Hong Kong, will the Government inform this Council :
(a) of the existing policies on the conservation of natural rivers and streams in Hong Kong, as well as a breakdown of the laws concerned; the government departments responsible for enforcing the relevant laws; and the enforcement measures taken by them;
(b) whether it has conducted surveys on the natural rivers and streams in Hong Kong so as to establish a databank on their locations, ecosystems and water flows; if so, of the situation as reflected by the present data; and
(c) as the natural rivers in Hong Kong have been polluted, damaged or channelised continuously, resulting in serious disruption of their ecosystems, whether the authorities will consider enacting comprehensive legislation on the protection of natural rivers so as to curb such situation?
Reply
Madam President,
(a) The Government is committed to protecting the ecosystems and important habitats in Hong Kong, including woodlands, freshwater wetlands, natural rivers, etc. Most of the rivers and streams in Hong Kong are on government land and subject to the control of the following legislation :
(i) Land (Miscellaneous Provisions) Ordinance (Cap. 28) enforced by the Lands Department;
(ii) Public Cleansing and Prevention of Nuisances Regulation (Cap. 132 sub. leg. BK) enforced by the Food and Environmental Hygiene Department; and
(iii) Waste Disposal Ordinance (Cap. 354) and Water Pollution Control Ordinance (Cap. 358) enforced by the Environmental Protection Department (EPD).
Some of the territory's natural rivers and streams on both Government land and private land are located within country parks, and therefore protected by the Country Park Ordinance (Cap. 208) under the Agriculture, Fisheries and Conservation Department's jurisdiction. For those natural rivers and streams located within "Conservation Area" and "Sites of Special Scientific Interest" zones, they are protected by the Town Planning Ordinance (Cap. 131) under the Planning Department's jurisdiction. Apart from the aforementioned legislations, these rivers and streams are also protected by the Environmental Impact Assessment Ordinance (Cap. 499) under the Environmental Protection Department's jurisdiction.
In addition, the Government has devised a number of administrative measures to ensure that conservation of rivers and streams, especially ecologically important ones, is given full consideration by the project proponents/contractors during the construction and operation stages of works projects. These administrative measures include the followings”V
(i) Public works projects should not cause damage to or interfere with watercourses as far as practicable, except for the execution of the works. The proponents/contractors should reinstate the watercourses after the works are completed.
(ii) The Environment, Transport and Works Bureau (ETWB) issued a revised Technical Circular (Works) No. 13/2003 in September 2003 to provide guidelines and procedures for dealing with environmental implications of government projects or proposals not covered by the EIA Ordinance.
(iii) The Drainage Services Department (DSD) issued an updated internal guideline circular (DSD Technical Circular No. 2/2004) in October 2004, setting out the factors to be considered when planning drainage works on ecologically important rivers and streams, and providing guidelines on good site management in the construction stage. DSD and other relevant departments are compiling a set of guidelines on environmental friendly drainage channels designs for reference by project proponents.
(iv) Based on the comments of the bureaux/departments concerned, ETWB is also drafting a technical circular to provide guidance for the departments concerned and require them to minimise or, if possible, avoid any impacts of works projects on natural rivers and streams during the planning, design and construction stages to better protect these rivers and streams;
(v) Regarding private developments, the Buildings Department has recently implemented an improvement measure which requires that all applications for building and site formation works affecting natural rivers and streams should be referred to AFCD and other departments concerned for comments. Similarly, the Planning Department also refers planning applications affecting the ecology of natural rivers and streams to the AFCD for comments.
The protection of natural rivers and stream involves nature conservation, land planning and landscape management. Bureaux/departments concerned will closely cooperate with one another in this regard.
(b) The AFCD started a territory-wide ecological baseline study in 2002, which covers mangroves, woodlands, freshwater wetlands, natural rivers and other important habitats. So far, over 200 rivers and streams have been surveyed. Ecological data recorded in the survey include the ecological status of the rivers and streams, as well as the freshwater fishes and dragonflies found in their vicinity. After preliminary screening, 33 rivers and streams have been identified as ecologically important. The ETWB technical circular currently being drafted will enhance the protection of these 33 ecologically important rivers and streams from the impacts of development projects.
(c) The existing Water Pollution Control Ordinance (Cap. 358) regulates the discharge of sewage into inland waters, including rivers and streams. EPD and other departments concerned have taken prosecution action from time to time against works contractors for illegal discharge in breach of the Water Pollution Control Ordinance.
In the implementation of flood prevention projects, DSD is giving more consideration to the protection of the environment and preservation of natural habitats. An EIA study is required before a major channelisation project can be carried out. The advice of EPD and AFCD will also be sought on environmental and ecological matters respectively. DSD will also consult green bodies when planning drainage works. ETWB is drafting a technical circular to provide guidance for the departments concerned and require them to avoid any impacts of works projects on natural rivers and streams during the planning, design and construction stages to better protect these rivers and streams.
In order to more effectively monitor the impacts of works on natural rivers and streams, works departments are required to monitor the construction process and the implementation of mitigation measures to ensure that the impacts of works projects on natural rivers and streams are minimised.
Since the existing legislation can effectively regulate works projects and combat illegal acts and enhanced administrative measures have already been taken to protect natural rivers and streams, especially ecologically important ones, we do not consider it necessary to introduce a new law to protect these streams and rivers.
End/Wednesday, January 26, 2005
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