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The following Table provides a schedule setting out the statutory and administrative power and responsibilities of various concerned Government departments in the handling of illegal land filling and fly-tipping activities in connection with construction and demolition (C&D) materials on Government land and private land.
Schedule of Departmental Responsibilities for Controlling the Depositing of C&D Materials on Government Land
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Responsible Government Departments
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| 1. C&D materials illegally deposited on Government land |
| Agriculture, Fisheries and Conservation Department: |
- To control illegal dumping in country parks
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| Civil Engineering and Development Department: |
- To assess the likely imminent slope/ geotechnical safety problems.
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| Environmental Protection Department: |
- To enforce the Waste Disposal Ordinance (Cap. 354)(WDO) against any person who illegally deposits the C&D waste.
- To control dust emission, noise and wastewater discharges arising from land filling and fly-tipping activities under the Air Pollution Control Ordinance (Cap. 311) (APCO), Noise Control Ordinance (Cap. 400) (NCO), and Water Pollution Control Ordinance (Cap. 358) (WPCO) respectively and to take enforcement action against non-compliance.
- To initiate request for the removal of the C&D waste to be carried out by other relevant department(s) responsible for the maintenance of the Government land (EPD has the authority under WDO to enter a place to remove illegal deposited C&D waste which gives rise to imminent risk of adverse environmental impact).
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| Highways Department: |
- To remove C&D materials illegally deposited on public roads including pedestrian walkways, and public rear lanes and the roadside slopes maintained by HyD; and carry out preventive measures such as erection of fences and bollards at black spots on such public roads in consultation and agreement with TD and LandsD.
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| Lands Department: |
- To remove C&D materials illegally dumped on unallocated Government land excluding Government land under the control of other Government Department where formed land allocation is not required and carry out preventive measures, such as erection of fences and bollards on such land, as necessary.
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| All Works departments: |
- To control public works contractors and construction work sites on proper C&D materials management and disposal.
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| All Government departments authorized under the Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570)(FPO) |
- To issue Fixed Penalty Notice (FPN) against offences of littering and minor depositing of waste in connection with C&D materials.
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| All Government departments allocated with Government Land or with Government land under their control. |
- To control land filling and remove waste dumped on such Government land.
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Schedule of Departmental Responsibilities for Controlling the Depositing of C&D Materials on private land
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Responsible Government Departments
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| 2. C&D materials deposited on private land. |
| Buildings Department: |
- To enforce under the Buildings Ordinance (Cap. 123)(BO) against unauthorized land filling which are for the purpose of or associated with building construction.
- To take enforcement action under the BO if land filling activities resulted in unstable slopes affecting the safety of adjacent buildings or land.
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| Drainage Services Department: |
- To assess the likely drainage impacts and the potential risk of flooding to existing streams, watercourses or drainage systems.
- To clean up or de-silt the streams, watercourses and drainage systems within the designated watercourses covered by the Land Drainage Ordinance.
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| Environmental Protection Department: |
- To enforce the WDO against any person who deposits the C&D waste; and in the event that the waste deposited gives rise to an imminent risk of adverse environmental impact that warrants immediate action, to arrange for removal of the waste.
- To enforce the relevant environmental laws such as APCO, WPCO, NCO against environmental problems or environmental nuisance caused by the deposition of C&D materials.
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| Food and Environmental Hygiene Department: |
- To enforce the relevant sections of the PHMSO against sanitary nuisance, littering and mosquito breeding.
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| Lands Department: |
- To take enforcement action against non-compliance of the conditions of land leases.
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| Planning Department: |
- To enforce under the Town Planning Ordinance (Cap. 131)(TPO) against unauthorized land filling activities in areas designated as DPAs.
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Abbreviations :
AFCD - Agriculture, Fisheries and Conservation Department
BD - Buildings Department
CEDD - Civil Engineering and Development Department
DSD - Drainage Services Department
EPD - Environmental Protection Department
FEHD - Food and Environmental Hygiene Department
HyD - Highways Department
LandsD - Lands Department
PlanD - Planning Department
TD - Transport Department
APCO - Air Pollution Control Ordinance
BO - Buildings Ordinance
DPA - Development Permission Area
FPO - Fixed Penalty (Public Cleanliness Offence) Ordinance
FPN - Fixed Penalty Notice
NCO - Noise Control Ordinance
PHMSO - Public Health and Municipal Services Ordinance
TPO - Town Planning Ordinance
WDO - Waste Disposal Ordinance
WPCO - Water Pollution Control Ordinance
Private Land
In carrying out investigation works related to suspected illegal land filling and fly-tipping activities on private land, the PlanD will advise whether the activities constitute an unauthorized development and the LandsD will advise the land use status, the registered particulars of the land owners concerned and whether there is a breach of lease conditions by the activities. The EPD will confirm whether valid permission has been obtained by the depositor for the land filling or fly-tipping activities. Where cases involve flooding risk which requires quick relief work by DSD, HAD will assist in obtaining land ower's consent if necessary. For those land filling activities which are regarded as unauthorized developments in areas designated as Development Permission Areas (DPAs) under the TPO, the PlanD will take enforcement actions including issue of statutory notices requiring the landowners, occupiers or responsible persons to discontinue the unauthorized land filling activities and to reinstate the damaged land to its original conditions, where appropriate. For land filling or fly-tipping activities carried out without valid permission, the EPD will collect evidence and take prosecution action against the person(s) who cause the activities.
Government Land
For unleased and unallocated Government land, in general the LandsD is responsible for the removal of C&D materials dumped on unallocated Government land outside public roads and carrying out preventive measures as necessary, such as erection of fences and bollards on such land. The FEHD is responsible for the removal of litter and domestic waste dumped at public places. The HyD is responsible for the removal of C&D materials illegally deposited on public roads, including pedestrian walkways, public rear lanes and the roadside slopes maintained by HyD. The AFCD is responsible for controlling dumping in country parks. Other Government departments are also responsible for preventing illegal waste dumping and clearance of waste from the areas under their control. The EPD is responsible for action under the WDO against the persons being responsible for illegal dumping of waste. Dust emissions, noise and wastewater discharges arising from land filling and fly-tipping activities are regulated by the Air Pollution Control Ordinance (Cap. 311), Noise Control Ordinance (Cap. 400) and Water Pollution Control Ordinance (Cap. 358) respectively. Failure to comply with any of these Ordinances would result in enforcement actions by the Director of Environmental Protection. In addition, Government departments empowered under the FPO will also enforce against offences of littering and minor depositing of waste in connection with C&D materials.
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