Case Examples

In April 2008, EPD received a complaint against land filling in Ting Kok Tsuen, Tai Po. The land filled area (about 2,500 sq.m.) was found deposited with rocks and soil. The person in-charge of the land filling operation (defendant) claimed that he conducted land filling on his company's land and would provide compensation to other affected land owners if their lands were mistakenly filled. Subsequent land survey by Planning Department revealed that about half of the land filled areas were owned by other private parties with different ownerships. Planning Department then issued a notice under section 23(1) and 23(2)(d) of the Town Planning Ordinance to require owners/responsible persons to discontinue land filling activity and remove all the filled materials. All filled materials were subsequently removed.

Upon confirmation by one of the private land owners that no consent was given for the land filling, EPD prosecuted the defendant for unlawful deposition of waste according to Section 16A(1) of the Waste Disposal Ordinance, Cap. 354. The defendant's lawyer subsequently pleaded guilty on behalf of the defendant and a fine of $8,000 was imposed.