Environmental problems caused by derelict agricultural lands

Member asking : LEUNG YIU-CHUNG

• MR LEUNG YIU-CHUNG (in Chinese):

  Madam President, as the authorities concerned are unable to contact the owners of some derelict agricultural lands, environmental problems caused by such lands are often difficult to solve. In this connection, will the Government inform this Council:
  
  (a) of the current number of pieces of such agricultural lands in the territory and the total area thereof, as well as the districts in which they are mostly found; and
  
  (b) as such agricultural lands are usually covered with weeds, breeding mosquitoes and insects, or are illegally used as car parks and for storing containers or miscellaneous objects, and so on, thus causing nuisances to the residents nearby, whether there are any policies or measures in place to address such situations, and whether it will review the effectiveness of such policies or measures?

Public Officer Replying : SECRETARY FOR PLANNING AND LANDS

• SECRETARY FOR PLANNING AND LANDS (in Chinese): Madam President,
  
  (a) According to the Agriculture, Fisheries and Conservation Department's estimate, there are about 4 000 hectares of fallow agricultural land. They are mainly located in North Western and North Eastern New Territories.
  
  (b) The upkeeping of private land is the responsibility of the land owner. In response to complaints of sanitary nuisance occurring on private land, the Food and Environmental Hygiene Department (FEHD) will investigate and if found justified, will serve notice on the person causing the nuisance under section 127(1) of the Public Health and Municipal Services Ordinance (Cap. 132). Any offender who fails to comply with the notice may be prosecuted.
  
  The use of agricultural land for car parks or storage containers, and so on, does not necessarily breach the land lease conditions. Where unauthorized structure have been erected illegally, the relevant District Lands Officers may initiate lease enforcement action.
  
  The Task Force (Black Spots) established under the Lands Department has also been taking measures to eliminate unauthorized uses on private land and to undertake environmental improvement measures such as landscaping and fencing of the sites. Since its establishment in 1994, the Task Force (Black Spots) has already brought about environmental improvement to or eliminated unauthorized uses on 726 private land sites covering an area of 163.08 hectares.
  
  Any development, including the use of agricultural land for car parking purpose or container storage use, which are not authorized under the Town Planning Ordinance (TPO) (Cap. 131) is subject to planning enforcement. The Planning Department may issue an Enforcement Notice to the person responsible for the unauthorized development, and the concerned Notice will be registered at the Land Registry against the title of land until compliance has been met. In the event of non-compliance, the Notice recipient is subject to prosecution under the TPO.
  
  The relevant departments keep the effectiveness of their enforcement efforts under regular review. As and when necessary, they will consider measures that will further enhance the effectiveness of their enforcement actions in their respective scope of work.