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(ACE
Paper 32/2002)
For information
Background
Following
the winding up of a special inter-departmental task force
set up under the auspices of Environmental Protection Department
(EPD) to deal with a number of serious cases of indiscriminate
and unregulated dumping of waste in the north-west New Territories,
the then Secretary for Planning, Environment and Lands directed
that Task Force (Black Spots) (TFB) of Lands Department (Lands
D) should be responsible for maintaining the momentum which
had already been achieved and co-ordinating Government efforts
towards quicker and more effective responses to such problems.
2.
The Terms of Reference of the Inter-departmental Working Group
on Flytipping Control (IWG) are:
- To
co-ordinate the efforts of relevant Government departments
towards the cleaning-up of illegal dumping of waste and
to determine responsibility, where necessary, for specific
clean-up operations.
- To
monitor and co-ordinate the progress of the enforcement
actions of relevant Government departments against cases
of illegal dumping and provide support when necessary.
- To
consider initiatives, including legislative measures, aimed
at preventing and controlling illegal dumping activities
and recommend implementation where appropriate.
3.
A total of twenty-six Interdepartmental Working Group meetings
have been held since August 1998. Departments currently represented
at the meeting are Agriculture, Fisheries and Conservation
Department (AFCD), EPD, Food and Environmental Hygiene Department
(FEHD), Hong Kong Police Force (HKPF), Housing Department
(HD), Lands D, Drainage Services Department (DSD), Highways
Department (HyD) and Planning Department (Plan D).
Main
Achievements of IWG since March 2000
4.
The main achievements of IWG since March 2000 include:
A.
Central Database on Flytipping Sites
- The
database is aimed at monitoring and ensuring the efficient
clearance of the flytipping sites reported by AFCD, EPD,
FEHD, HD, HyD, Plan D and Lands D. Data provided by the
above departments are updated on a quarterly basis. The
information is also shared by concerned departments.
- IWG
agreed to accord high priority in dealing with outstanding
cases. According to the database a total of 1041 dumping
cases have been dealt with since January 1998.
- TFB
completed 77 and 33 black spot clearances in 2000/2001 and
2001/2002 respectively. The total expenditure for TFB flytipping
cases in these 2 financial years are $ 3,606,000 and $2,270,520
respectively. Please see Appendix I for
details.
B.
Prosecution of Flytipping Offenders
- 118
and 89 offenders were convicted in 2000 and 2001 respectively.
The prosecutions were carried out by EPD and FEHD. Please
see Appendix II for details.
- To
facilitate and expedite the investigation and the prosecution
process, IWG agreed the following:
- Lands
D would provide the latest particulars of the landownership
to the departments concerned;
With a view to enhancing the administrative efficiency
between departments, a flytipping case data form has
been devised for the sharing of information by concerned
departments.
C.
Dumping Prevention Works
- IWG
has actively invited its members to propose potential sites
required for clearance and landscaping works so as to provide
the public with a clean environment.
- TFB
initiated the restoration works in Hung Lung Hang in late
2000. It has an area of about 5 ha and the hillside was
badly eroded. The whole restoration works were completed
in mid-2001 at a cost of $1,350,000.
- From
time to time, TFB are requested to carry out minor works
which help to discourage unauthorized use of land. 3 separate
sites in Ngau Hom Shek, Ping Shan and San Tin in the Yuen
Long district were identified. All anti-dumping fencing/landscaping
works in connection with these 3 sites were completed satisfactorily
during December 2001 and January 2002. These dumping prevention
and landscaping works have proved to be effective measures
in improving the environment as well as to prevent further
dumping activities.
- Recently,
the clearance work in future D6 Road in Sai Kung, which
was jointly conducted by TFB and FEHD, was successfully
completed and the dumping prevention works at the slopes
along Anderson Road were also completed in 2001/2002.
- With
effect from 1 January 2001, the landscape contract of TFB
has extended to cover the Islands District.
D.
Funding of Additional Clearance Work in "Grey Areas"
- In
2000/2001, FEHD spent $1,760,000 allocated funds from TFB
for the cleaning up exercise in the NT. In 2001/2002, FEHD
had spent $1,420,000 allocated from TFB and $360,000 from
Lands D for the cleaning up exercise in the NT and Urban
Areas respectively. Starting from this financial year, FEHD
has direct funding to carry out the clearance exercise.
Major
Issues Discussed in IWG
5.
Major issues discussed in the IWG since March 2000 include:
- At
the 72nd ACE meeting, IWG indicated its support of the extension
of trip-ticket system to cover the private sector and non-PWP
contracts. However, it was noted that DEP considered there
was implementation problem as getting every Construction
and Demolition (C&D) waste producer registered would be
difficult. Large corporations have been invited to incorporate
the system into their works contracts. At present, in addition
to KCRC, Housing Authority (HA) and Urban Renewal Authority
(URA), MTRC has also participated in the trip-ticket system
for its MTR station modification works.
- The
Environment, Transport and Works Bureau (ETWB) had recently
amended WB Technical Circular No. 5/99 to further strengthen
the control of the existing trip-ticket system over the
disposal of C&D materials from government projects.
B.
Progress of the Implementation of Landfill Charging Scheme
- The
proposed scheme to impose a landfill charge on C&D waste
was discussed at the LegCo Environmental Affairs Panel in
May and June 2002. LegCo Members were generally supportive
of landfill charging in principle. It is estimated that
the scheme would be implemented by end 2003/early 2004,
taking into account the time required for legislative amendments.
- Under
the current proposal, large C&D waste producers (accounting
for 70-80% of C&D waste producers) will pay the landfill
charge direct to Government through the opening of accounts.
Accordingly, for waste haulers handling waste from these
sources, there will be no financial incentive to flytip
as they could not pocket the charge.
- The
remaining 20-30% C&D waste arises from small waste producers,
mainly renovation works. As it involves a large number of
small ad hoc waste producers, there are difficulties in
registering them for direct payment, and Government will
have to rely on the waste haulers to collect the charges
from the waste producers.
- It
is envisaged that flytipping activities may increase upon
the implementation of the scheme. It would be necessary
to step up surveillance and enforcement actions against
such illegal activities. Departments concerned would work
together on this issue in the coming months before the scheme
is implemented.
- In
the meantime, IWG is coordinating a PR strategy with a view
to educating the public against illegal dumping activities.
Other
Business
6.
Other matters discussed/actioned in 2001/2002 include:
- Distinction
of responsibility between FEHD and Lands D for dumping on
Government Land
- Abandoned
Vehicles
- Use
of Internet for Complaint and Publicity
- Landscaping
work on fenced GL
- Weed
Nuisance/ Grass Cutting
The
Future/Feed-back
7.
The work of the IWG is ongoing and it continues to look for
new areas which it can consider with a view to making further
improvements. The IWG welcomes new ideas, feedback and suggestions
from all sources.
Task
Force (Black Spots)
Lands Department
November 2002
Appendix
I
Total
Expenditure for TFB Flytipping Cases - 2000/2001
| District |
Clearance/Fencing |
Landscaping |
Total |
| Yuen
Long |
1,287,896 |
436,205 |
1,724,101 |
| North |
299,203 |
1,200,029 |
1,499,232 |
| Tai
Po |
113,231 |
----------- |
113,231 |
| Islands |
94,670 |
108,852 |
203,522 |
| Tuen
Mun |
----------- |
65,914 |
65,914 |
| Total |
1,795,000 |
1,811,000 |
3,606,000 |
Total Expenditure
for TFB Flytipping Cases - 2001/2002
| District |
Clearance/Fencing |
Landscaping |
Total |
| Yuen
Long |
175,946 |
392,300 |
568,246 |
| North |
246,394 |
723,166 |
969,560 |
| Shatin |
103,493 |
114,982 |
218,475 |
| Islands |
189,120 |
131,768 |
320,888 |
| Tuen
Mun |
---------- |
115,117 |
115,117 |
| Sai
Kung |
28,547 |
49,687 |
78,234 |
| Total |
743,500 |
1,527,020 |
2,270,520 |
Appendix
II
Statistics
of Flytipping Control other than littering (2000-2001)
| |
2000
|
2001 |
| Department |
No.
of Convictions |
Amount
of Fines |
No.
of Convictions |
Amount
of Fines |
| EPD |
117 |
Max:
$20,000
Min: $500
Average: $5,818
Total: $680,700 |
83 |
Max:
$12,000
Min: $1,000**
Average: $4,828
Total: $400,400 |
| FEHD* |
1 |
Max:
NA
Min: NA
Average: NA
Total: $6,000 |
6 |
Max:
$5,000
Min: $700
Average: $2,033
Total: $12,200 |
*
Flytipping refers to illegal dumping of waste exceeding half
lorry load in volume.
** In one case, the defendant was sentenced without a fine
but to complete 80 hours of community services.
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