The Secretary for Development (SDEV) today (September 15) exercises the power conferred by section 21A(3) of the Town Planning Ordinance (the Ordinance) and designates certain areas in the Ma On Shan Outline Zoning Plan (OZP) and the South Lantau Coast OZP as "Regulated Areas" by way of a notice in the Gazette, with a view to enabling the Director of Planning to instigate enforcement actions to protect the natural environment and ecology of the relevant areas. This is the first time that the SDEV exercises the new power to designate "Regulated Areas" since the amended Ordinance came into effect on September 1 this year.
The "Regulated Areas" of about 33 hectares in the Ma On Shan OZP covers Mui Tsz Lam area in the "Mui Tsz Lam and Mau Ping Priority Site for Enhanced Conservation" under the New Nature Conservation Policy. It is endowed with native woodland and natural streams, etc that provide habitats to highly diverse flora and fauna species. The "Regulated Areas" in the South Lantau Coast OZP span an area of about 626 ha across Fan Lau, Tai Long Wan, Shui Hau/Tong Fuk, Cheung Sha, Pui O, Shap Long/Chi Ma Wan, Chi Ma Wan Peninsula, and Mong Tung Wan. The area comprises a wide diversity of natural habitats including woodland and shrubland, etc, and two Ecologically Important Streams in Pui O and Tong Fuk.
The above areas are of ecological value and are subject to development pressure or risk of environmental degradation. However, as they have been included in relevant OZPs in the early years, owing to limitations in the pre-amended Ordinance, the Director of Planning as the Planning Authority was not empowered to take enforcement action in these areas.
A spokesman said, "The amended Ordinance that has come into effect on September 1 this year not only streamlines the statutory procedures on town planning, but also enhances the enforcement provisions under the Ordinance.
"For the purposes of protecting the area from environmental degradation and/or for nature conservation, the amended Ordinance introduces the provisions on 'Regulated Area' to empower the Planning Authority to take enforcement actions against unauthorised developments in the 'Regulation Areas'."
Copies of the plans describing the locations of the aforementioned "Regulated Areas" are deposited in the Land Registry and the Planning Enquiry Counters of the Planning Department (PlanD) in North Point and Sha Tin for public inspection free of charge. Moreover, the public can access and download the relevant spatial data from the PlanD's website, Statutory Planning Portal and Common Spatial Data Infrastructure Portal. In light of the designation of the two "Regulated Areas", the Town Planning Board (TPB) has made corresponding amendments to the Ma On Shan OZP and the South Lantau Coast OZP (please refer to the TPB's Press Release at www.info.gov.hk/gia/general/202309/15/P2023091500231.htm and www.info.gov.hk/gia/general/202309/15/P2023091500226.htm for details). Information on the enforcement powers and the works of the Planning Authority in the "Regulated Areas" is available on the PlanD's website at www.pland.gov.hk/pland_en/cep/index.html.
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