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Press
Releases - 2000
EPD
seeks information from CT9 contractor on dredged mud disposal
The Director
of Environmental Protection (DEP) today (September 19) decided
to ask the Container Terminal 9 (CT9) contractor to provide
information to show that their dumping of dredged mud in Mainland
waters is environmentally acceptable.
A spokesman
for the Environmental Protection Department (EPD) said the
loading permit for the contractor had previously been issued
legally in accordance with the local Dumping At Sea Ordinance
(DASO). It had also been issued within the spirit of the international
Convention on the Prevention of Marine Pollution by Dumping
of Wastes and Other Matter (often referred to as the London
Convention).
The spokesman
explained that under the international convention, trans-boundary
movement of mud for marine disposal is permitted provided
the relevant receiving authority has indicated its prior acceptance
of the mud for disposal. A permit had been issued to the CT9
contractor by the EPD only after the State Oceanic Administration
(SOA) had issued a permit for the disposal of the mud in Mainland
waters. The Mainland is a contracting party to the convention
and the SOA is the relevant authority.
In view
of the strong public interest in the case the EPD has recently
sought legal advice from the Department of Justice concerning
the interaction of the provisions of the international convention
and the local legislation.
The spokesman
explained that the legal advice indicates that the EPD is
not obliged to issue a permit for the loading of the mud and
is entitled to seek proof from the contractor that the dumping
operation will not endanger the marine environment even though
it is to take place outside Hong Kong waters.
"This
point had not previously been clear", the spokesman said.
The DEP
has therefore decided to ask the CT9 contractor to provide
information to show that the dumping operation is environmentally
acceptable. If the contractor cannot provide such information,
the DEP would cancel its existing loading permit and would
not issue any further permits for disposal outside Hong Kong
until such time as he is satisfied that the dumping operations
can go ahead safely.
"The
contractor is still entitled under another permit issued by
the EPD to take the mud to the special pits for contaminated
mud at East Sha Chau in Hong Kong waters where close monitoring
is in place to ensure that no unacceptable impacts are caused
to the environment," the spokesman noted.
End/Tuesday,
September 19, 2000
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