EPD - WDO Amendment Ordinance

The notification form (EPD-238) could be submitted by any party including the land owner, main contractor, sub-contractor, depositor or their agents.

According to the definition in section 2(1) of the Waste Disposal Ordinance, a private lot means a piece or parcel of ground held under a Government lease and identified by a lot number as defined by the Land Registration Regulations.

How does EPD verify the list of land owners on a notification form EPD-238 in which written permission from all owners has been obtained for an intended deposition of construction waste on a private lot?

EPD will verify the list of land owners of the private lot on the notification form EPD-238 against the records of the Land Register.  If there is any discrepancy, EPD will clarify with the notifier.  Where updating the records in Land Register is required, the person concerned should complete the registration process with the Land Registry accordingly, so as to enable EPD to further process and acknowledge the specified form.

After submitting the notification form EPD-238 to EPD, do I need to wait for not less than 21 days before commencing the depositing activity?

According to the Waste Disposal Ordinance, the notification form EPD-238 with supporting documents should be submitted to EPD at least 21 calendar days before the intended depositing activity.  The processing time depends on whether the land owners’ permission and their signatories as well as information and documents related to the depositing activity are complete and in good order.  For detailed requirements, please refer to “A Guide to Completing the Notification Form EPD-238” which is available in EPD’s website. If the depositing activity has complied with other legal requirements, the person concerned may commence the deposition after the form has been acknowledged by EPD.

Why should a copy of the acknowledged form (Parts C and D and the site plan of the lot) be displayed in a conspicuous place on the private lot at all times during the depositing activity?

This arrangement is to let the public know that valid permissions from the land owners concerned have been obtained for the depositing activity.  It also facilitates the effective tracking and enforcement by Government departments against non-compliance.

Yes, provided that the authorization document for the authorized signatory is also submitted together with the notification form EPD-238 to the EPD.  You shall note that any person who produces any false or forged information to the authority is liable to prosecution.

You should ensure that you have gone through the statutory prior notification procedures:

(1) Before commencement of the depositing activity, you have to obtain the written permission of all land owners of the lot;
(2) You have to submit a duly completed and signed notification form EPD-238 to EPD at least 21 calendar days before commencement of the intended depositing activity; and
(3) You have to obtain EPD’s acknowledgement on the notification form.

Furthermore, you have to display a copy of relevant parts of the acknowledged form (including Parts C and D and the site plan of the lot) in a conspicuous place of the lot (e.g. entrance of construction site or main haul road) at all times during the depositing activity and adopt appropriate measures (e.g. fencing or traffic cones) to delineate the specified area of deposition so as to ensure there is no deposition outside the specified area; and should ensure the depositing activity is in compliance with other legal requirements.

The prior notification procedures are not applicable under the following circumstances:

(1) The depositing activity forms part of the building works carried out according to the Buildings Ordinance (Application to the New Territories) Ordinance or the Buildings Ordinance, e.g. a Form BD103 has been issued by the Buildings Department for the construction works, or a Certificate of Exemption has been issued by the Lands Department; or

The Amendment Ordinance aims at enhancing control of the depositing of construction waste on private land in rural areas to protect the environment and the interest of land owners, by preventing abuses arising from depositing activities which are carried out without the consent of the land owners.  Through the statutory prior notification procedures, relevant departments are also alerted of the depositing activities in advance, so as to remind the persons concerned of other legal requirements and take timely follow up actions. 

Controlling depositing of construction waste in private, public housing estates or buildings is outside the scope of the Amendment Ordinance, submission of notification form EPD-238 is therefore not required.  However, such activity is still under the control of the existing section 16A of the Waste Disposal Ordinance, i.e. a person commits an offence if he deposits waste in any place without lawful authority or excuse, or without the permission of any owner or lawful occupier.

Why should the specified deposition area be delineated by fencing, traffic cones, etc.?  Will EPD acknowledge the notification form EPD-238 if there is no such delineation?

Contractors, land owners and/or notifiers shall adopt appropriate measures to clearly identify the specified area of deposition for depositors (e.g. dump truck drivers and construction site workers).  This could prevent them from depositing construction waste outside the specified area and breaking the law.  EPD will acknowledge the notification form EPD-238 after the persons concerned have adopted measures to clearly identify the specified area of deposition.

Before submitting the notification form EPD-238, do I have to engage a land surveyor to verify the boundary of the lot for the intended deposition? 

The notifiers, land owners and intended depositors have the responsibility to ensure that the location and boundary of the lot for the intended deposition are both correct.  In case of doubt about the lot boundary, you may engage relevant professionals (e.g. land surveyors) for verification.  If the depositing activity causes the deposition of waste on government land or others’ lots, the persons concerned are liable to prosecution and claims.

Is EPD required to seek approval from other departments before acknowledging the notification form EPD-238?

EPD’s acknowledgement on the notification form EPD-238 only represents that the depositing activity is in compliance with section 16B(3) of the Waste Disposal Ordinance (i.e. with valid written permission of all land owners concerned). The depositing activity still has to be in compliance with other legal requirements. Notifiers, land owners and intended depositors should consult the relevant Government departments for advice as necessary.

If the intended depositing activity contravenes other legislations, or if there is objection raised by other departments, will EPD still acknowledge the notification form EPD-238? 

EPD’s acknowledgement on the notification form EPD-238 only represents that the depositing activity is in compliance with section 16B(3) of the Waste Disposal Ordinance (i.e. with valid written permission of all land owners concerned).  Whether the intended depositing activity contravenes other legislations would not affect the acknowledgment of the notification. 

EPD will include any available advice from other departments on the notification into our reply letter.  Parties concerned (notifiers, land owners and intended depositors) should note that the depositing activity has to be in compliance with other legal requirements and should consult the relevant Government departments for advice as necessary.

If the lot concerned has only one owner and the depositing or land filling of construction waste is conducted by the sole owner personally and no third party is involved, it is not required to notify EPD and obtain its acknowledgement on the notification form.

However, if the depositing or land filling of construction waste is conducted by a third party (e.g. the person appointed by you, your company’s employees or a contractor), it is still necessary to notify EPD and obtain its acknowledgement on the notification. If the activity is conducted without EPD’s acknowledgement on the form, all depositors will be liable to prosecution. 

Q15 :

As a works contractor, will contravention of the Amendment Ordinance affect my qualification to register as a contractor/minor works contractor with the Buildings Department?

A15 :

According to paragraph 3(e) of Appendix M to Buildings Department’s Practice Note for Registered Contractors (PNRC) No. 38 entitled “Registration of General Building Contractors and Specialist Contractors” on renewal or restoration of registration of general building contractors and specialist contractors, ‘a contractor who has been convicted of any environmental offence involving an imprisonment sentence will be required to attend an interview’.  Moreover, it is specified in paragraph 2(f) of Appendix O to PNRC No. 69 entitled “Minor Works Contractors Registration” that for renewal or restoration of registration of minor works contractors, ‘a contractor who has been convicted of 4 or more environmental offences committed on the same site within a rolling 3 months will be required to attend an interview’.  For details of the PNRC, please visit BD’s website.

Q16 :

Q17 :

(1) You should enquire the person who arranged the deposition of construction waste (e.g. land owner, contractor, sub-contractor or your employer) on whether the statutory notification procedures for the depositing activity have been completed. 
(2) You should ensure that a copy of the relevant parts of EPD’s acknowledged form (including Parts C and D and the site plan of the lot) has been displayed in a conspicuous place on the lot during the depositing activity.
(3) You may also display a copy of the acknowledged form in a conspicuous place on the lot on behalf of the person concerned.
(4) To avoid causing of deposition of waste on government land or others’ lots, you should carry out deposition of construction waste only in specified deposition areas delineated by fencing, traffic cones, etc.

EPD will conduct investigations into such cases. If it is confirmed that no notification form for the land filling activity been acknowledged by EPD, follow-up action will be taken on the persons for the non-compliance under sections 16B(3) (i.e. without the valid permission of all owners of the lot) and 16C(4) (i.e. a copy of the acknowledged form from EPD is not displayed) of the Waste Disposal Ordinance.

You may dial EPD’s hotline 2838 3111 or contact EPD’s Regional Office of the district to provide information on the land filling activity to us and we will approach the persons concerned to understand the situation. If any person is found to have willfully provided false information in the notification, we will consider bringing prosecution against the persons concerned in accordance with section 16C (6) of the Waste Disposal Ordinance.

You may visit the following EPD website:

You may dial the EPD hotline at 2838 3111 or contact EPD’s Regional Office of the district to report the incident to us.  You may also visit the following EPD website:

http://www.epd.gov.hk/epd/english/landfilling/incident/incident.html to download the “Land filling and Fly-tipping Activities Report Form” and fax the completed form to 2838 3111.